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Braxton County Woman Says Bar Over-Served Her Alcohol

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A Braxton County woman is suing Lucky Laverty’s after she claims the bar over-served her alcohol.

Christopher J. Laverty, the owner of the bar, was also named as a defendant in the suit.

On July 02, 2010, Brittney J. Wilson was admitted entrance to the bar and was socializing with her friends, according to a complaint filed June 29 in Kanawha Circuit Court.

Wilson claims while at the bar, the bartenders and/or employees negligently over-served her and her friends alcohol and contributed to her intoxication.

At one point, Wilson exited the bar to look for one of her friends and when she attempted to go back into the bar, Laverty and other employees demanded that she expose herself or they would not let her back into the bar, according to the suit.

Wilson claims she was offended by the demand and attempted to enter the door of the bar when the defendants shut the door, trapping her arm.

Wilson began to bang on the door in an attempt to extricate herself and in doing so, caused minor damage to the door, at which time Laverty exited abruptly and struck Wilson “with the door, an object or himself, causing her serious injuries,“ according to the suit.

The defendants’ conduct was negligent and caused Wilson injuries.

Wilson is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Michael J. Romano and Gina M. Renzelli.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-1094

~~  by By Kyla Asbury - WVRecord ~~

08.10.2011
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Verizon Wireless: Proposed Class Action Settlement Concerning America’s Choice II Customers

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If you subscribed to Verizon Wireless’s America’s Choice II calling plans, you could receive benefits from a class action settlement.

A proposed settlement has been reached with Verizon Wireless (“Verizon Wireless”) in a class action, Cowit, et al., v. Cellco Partnership d/b/a Verizon Wireless, No. A0505869 (Ct. of Common Pleas,Hamilton County, Ohio), related to a lawsuit about whether Verizon Wireless failed to provide roaming service without any roaming charges under the America’s Choice II Calling Plan. Verizon Wireless denies all of the claims.


WHO IS INCLUDED?
The Settlement Class includes all current and former customers of Verizon Wireless who, since February 21, 2005, subscribed to its America’s Choice II Calling Plan. If you are a member of the Settlement Class, you have certain rights and options, such as submitting a claim for benefits, requesting exclusion from the settlement, or objecting to the settlement.


SETTLEMENT BENEFITS.
In summary, current Verizon Wireless customers whose calling plan provides for a specific allowance of minutes as part of their monthly access fee automatically will receive 25 additional wireless calling minutes, which they can use for a period of one year, or, in the alternative, if these class members submit a Claim Form they can receive a transferable PIN for 40 calling units, which will be valid for 24 months, that can be used to make domestic or international long distance calls. Current Verizon Wireless customers whose calling plan provides for an unlimited number of minutes as part of the monthly access fee will automatically, without filing a Claim Form, receive a transferable PIN for 40 calling units, which will be valid for 24 months, that can be used to make domestic or international calls. Former Verizon Wireless customers must submit a Claim Form to receive a transferable PIN for 40 calling units, which will be valid for 24 months, that can be used to make domestic or international calls.

You can submit your claim online at www.cowitsettlement.com or by mail. The claim deadline is November 08, 2011.

As part of the settlement, Class Counsel will submit a request for attorneys’ fees, expenses, and incentive awards for the Class Representatives as more fully set forth in the Full Notice described below which will be paid by Verizon Wireless and will not affect the benefits to the class under the Settlement.


OTHER OPTIONS.
If you do not want to be legally bound by the settlement, you must exclude yourself by September 27, 2011. If you stay in the Settlement Class, you may object to the settlement, the attorneys’ fees or the incentive payments by September 27, 2011. The Full Notice includes complete information on how to request exclusion or object to the settlement. The Court will hold a hearing on October 28, 2011, to consider whether to approve the settlement and the request by Class Counsel for attorneys’ fees and incentive payments.


THIS IS ONLY A SUMMARY NOTICE.
A more complete description of this class action and proposed settlement, including how to exclude yourself from the class, claim benefits, or object to the settlement, is contained in the Full Notice. You may review the Full Notice at www.cowitsettlement.com, or send a written request for a copy to: Verizon Wireless America’s Choice II Litigation, c/o Epiq Systems, Claims Administrator, P.O. Box 3967, Portland, Oregon 97208-3967, or call 1.866.408.4551.

Anderson/Miller vs. Gilmer County Board of Education

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The Gilmer County Chief Judge Richard A. Facemier has ruled in favor of the Gilmer County Board of Education.

Judge Facemier denied the claim of Dr. Eddie Anderson and Dr. Hillary Miller wanting their children to go to Glenville Elementary School.

Judge said the children must go to the school in their residency zone, and denied the claims of dual residency by Anderson/Miller.

Following is the ruling:

Case No, 10-C-26

IN THE CIRCUIT COURT OF GILMER COUNTY, WEST VIRGINIA
EDDIE E. ANDERSON, individually;
HILARY D. MILLER, individually;
and as parents and next friends of
K. A., an infant,

Petitioners,

v.

THE BOARD OF EDUCATION OF THE COUNTY OF GILMER, a West Virginia Corporation;
MISTY PRITT, ALTON SKINNER, II, PHYLLIS STARKEY, TOM RATLIFF, and DOROTHY RHOADES,
its members; and JOHN D. BENNETT, its Superintendent,
Respondents.

ORDER

        This matter initially came before the Court pursuant to W. Va. Code §53-5-1 et seq. on September 21, 2010, when the Petitioners, by verified Petition, sought a temporary injunction, specifically an Order from this Court (a) enjoining, restraining and prohibiting defendant Board of Education and its Superintendent, and/or their agents or employees, from enforcing the Superintendent’s decision drafted September 14,2010, requiring the transfer of the Petitioners’ child K.A. from Glenville Elementary to Normantown Elementary, with a provision indicating that K..A. could remain at Glenville Elementary if Petitioners would fill out and file a student transfer request form. On this same day, the Petitioners filed their Petition for Writ of Mandamus, and this Court entered an Order Issuing Rule to Show Cause, returnable before the Court on December 10, 2010.

        Thereafter the Respondents, by counsel, filed a Motion to Dismiss, and a hearing on said motion was heard on November 29, 2010. By Order of this Court, entered December 26, 2010, the Respondents’ motion was denied, with exceptions and objections of the Respondents noted, and all proceedings on the Petitioners’ Petition for Writ of Mandamus were stayed. By the same Order, this Court required the Petitioners to file an appeal of the Superintendent’s September 14, 2010 decision with the Board of Education.

        On December 15 and 20, 2010, a hearing was held before the Board of Education on the Petitioners’ appeal of the Superintendent’s September 14, 2010 decision, without the presence of counsel. A vote on a motion to overrule the Superintendent’s decision failed and the Petitioners were notified of the same. See Transcript of December 20, 2010 Board Hearing at 21. On January 13, 2011, pursuant to the Court’s earlier Order, the Petitioners filed with the Clerk of Courts, and all counsel of record, a notice of their desire to proceed further with their Petition for Writ of Mandamus.

        On March 28, 2011 at 11:00 a.m., the parties and their respective counsel, Mark McMillian and Richard Boothby, appeared before the Court once again in a final hearing on the Petitioners’ Petition for Writ of Mandamus. Prior to the same, the Respondent filed additional motions to dismiss, and the Court took the same under advisement. Oral argument was heard from both counsel in open court, and the Court inquired of counsel during the same. Thereafter, the Court entered an Order on March 31, 2011 making the transcription of the hearing before the Board of Education on December 15 and 20, 2011 a part of the record of these proceedings, and requiring the parties, by counsel, to submit no later than April 11, 2011, their respective Proposed Findings of Fact and Conclusions of Law.

        The Court, having reviewed the record of these proceedings, all the filings of the parties and exhibits thereto, including the parties’ Proposals, as aforesaid, and the argument of counsel, rules that the Petition for Writ of Mandamus must be and is DENIED. The Court makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

        1. West   Virginia school   boards   are permitted to divide their individual counties into various school attendance zones in order to determine the schools that the students of the county shall attend. See W. Va. Code §18-5-16.

        2. In Gilmer County, the Board of Education has divided the county into four school attendance zones for elementary schools, and set up rules applicable to the same via two written and adopted board policies, Policy 5117 and Policy 5118 respectively. The two zones at issue in this case are the Glenville zone and Normantown zone.

        3. Policy 5117 states, “All students must attend the Elementary School within the zone they legally reside.“

        4. K. A. attended kindergarten at Glenville Elementary, and started first grade there in the 2010-2011 school year.

        5. According   to   a   development   permit   application,  the   same introduced as evidence at the hearing before the Board of Education, the Petitioners applied to build a doctor’s office at 604 West Main Street in Glenville, WV on November 5, 2007.

        6. Petitioner Dr. Hillary Miller operates Little Kanawha Family Medicine at 604 West Main Street. See Transcript of December 15, 2010 School Board Hearing at 8.

        7. The basement level of the doctor’s office at 604 West Main Street also contains living quarters that Drs. Miller and Anderson have used as a home. See Transcript of December 15, 2010 School Board Hearing at 8 (“We purchased land on West Main Street and proceeded to construct a residence and an office building on that land.“).

        8. The Petitioners continue to use the basement level of the 604 West Main Street property, and stay in it at various times.  See Transcript of December 15, 2010 School Board Hearing at 45-46.

        9. At the School Board Hearing, the Petitioners submitted various documents to support their argument that they reside at the 604 West Main Street property, including utility bills, tax records, bank accounts, voter registration, and DMV records.

        10. In 2008, the Petitioners began construction on a home in the Normantown school attendance zone.  See Transcript of December 15, 2010 School Board Hearing at 8; Development Permit Application dated April 29, 2008 (introduced at hearing before the Board of Education). The address for this home is 778 Heritage Lane.

        11. By their own admission, it is widely known in Gilmer County that the Petitioners own the properties at 604 West Main Street and 778 Heritage Lane.  See Transcript of December 15, 2010 School Board Hearing at 9.

        12. At some time prior to August 24,2010, the issue of the Petitioners’ residence for school zone attendance purposes was raised to a sufficient degree to warrant some investigation by David Bishop, attendance director for Gilmer County Schools.  See Transcript of December 15, 2010 School Board Hearing at 8-9, 24.

        13. The principal of Glenville Elementary School, Tony Bishop, contacted David Bishop about his concern that though the Petitioners were now apparently living in the Normantown school attendance zone at 778 Heritage Lane, their child K.A. was still attending school at Glenville Elementary School—the same requiring that a student transfer request form be filled out. See Transcript of December 15, 2010 School Board Hearing at 25.

        14. On or about August 24, 2010, the second day of school, David Bishop made contact with Dr. Eddie Anderson, K.A.‘s father, about the concerns raised by the school principal. Id.

        15. Dr. Anderson, in response, filled out a residency affidavit form, pursuant to Policy 5118 and returned the same to David Bishop. Id.

        16. Listing 604 Main Street, in the Glenville school attendance zone, as their residence, the notarized residency affidavit signed by Dr. Anderson also states, in relevant part, “As the enrolling parent(s)/guardian, I, Eddie Anderson, attest that I do not live in any other residence.  I also attest that the living arrangement is not solely for the purpose of establishing school attendance eligibility.“  See Gilmer County Schools, Residency Affidavit Form dated August 26, 2010, entered as evidence in the hearing before the Board of Education.

        17. David Bishop, knowing of the family’s home at 778 Heritage Lane, and concerned that Dr. Anderson had erred in filling out the residency affidavit, consulted with then Superintendent John D. Bennett and the county prosecutor, the latter being statutory counsel to the Board of Education. See Transcript of December 15, 2010 School Board Hearing at 25.

        18.  Thereafter, on September 3, 2010, the Petitioners and their then legal counsel Timothy Butcher had a meeting with the Superintendent at his office to discuss the matter of the Petitioners’ residence for school zone attendance purposes.  See Transcript of December 15, 2010 School Board Hearing at 26.

        19.  At the September 3, 2010 meeting, the Petitioners and their counsel raised the notion of having dual residence for school attendance zone purposes.  See Transcript of December 15, 2010 School Board Hearing at 26-27.

        20.  At this same meeting, the Superintendent mentioned that the West Virginia Secondary Schools Activities Commission considered a student’s residence to be where the student slept most nights, and also that he saw this as a reasonable way to make the residency determination. See Transcript of December 15, 2010 School Board Hearing at 27.

        21.  Superintendent Bennett mentioned to the Petitioners at this meeting that dual residency was not covered by Policies 5117 and 5118.  See Transcript of December 15, 2010 School Board Hearing at 26.

        22.  On or about September   14, 2010,  Superintendent Bennett informed the Petitioners in writing that he was ordering that their child, K.A., be transferred from Glenville Elementary School to Normantown Elementary School by September 28, 2010. However, the Superintendent further informed the Petitioners that their child could stay at Glenville Elementary School so long as they submitted the proper form. See Exhibit A attached to Respondent’s Hearing Memorandum (“However, if you wish for K.A. to remain at Glenville Elementary School then you need to complete by 10:00 a.m. Wednesday September 22, 2010 a Student Transfer Request-Within County so that your daughter may continue to attend Glenville Elementary School.“).

        23.  The Petitioners did not complete the transfer form as requested by the Superintendent, but rather began the present litigation by requesting and obtaining the aforementioned temporary injunction and filing their Petition for Writ of Mandamus.

        24.  When asked during the Board hearing where they lived, the Petitioners refused to provide a meaningful answer, but instead said that where they lived varied. See Transcript of December 15, 2010 Board Hearing at 44-46.

        25.  The   Board   ultimately   agreed   with   the   decision   of   the Superintendent to request that K. A. be transferred to Normantown, finding that the Petitioners legally reside at 778 Heritage Lane.

CONCLUSIONS OF LAW

        1. Mandamus is a drastic remedy to be invoked only in extraordinary situations.  A petitioner seeking such writ must satisfy three conditions:  1) there are no other adequate means for the party to obtain desired relief; 2) the party has a clear and undisputable right to issuance of the writ; and 3) there is legal duty on part of respondent to do that which petitioner seeks to compel.  And issuance of writ of mandamus is normally inappropriate unless the right or duty to be enforced is not discretionary.  According to the West Virginia Supreme Court of Appeals, “[t]he importance of the term ‘nondiscretionary’ cannot be overstated—the judiciary cannot infringe on the decision-making left to the executive branch’s prerogative.“ McComas v. Board of Educ. of Fayette County, 475 S.E.2d 280, 285 (W.Va. 1996).  See also W. Va. Const. Art. 8, §6; W. Va. Code, §53-1-2.

        2. Courts may not “interfere with the decisions of a school board without strong evidence justifying such interference.“ McComas at 285.    However, a school board’s powers are not unlimited, and a writ of mandamus is appropriate when a board oversteps, or fails to meet its clear legal duties.  Id.  Mandamus will lie to control a board of education in the exercise of its discretion upon a showing of caprice, passion, partiality, fraud, arbitrary conduct, some ulterior motive, or misapprehension of the law. Thus, the use of mandamus is appropriate to confine a school board to a lawful exercise of its authority when compelled to do so by statute. ld.

        3. Unless the Petitioners can show that the Respondent Board of Education’s actions—upholding Superintendent Bennett’s finding that the Petitioners “legally resided” in the Normantown school attendance zone and his related September 14, 2010 order that the Petitioners’ child be transferred—were violations of a clear legal duty and/or the result of caprice, passion, partiality, fraud, arbitrary conduct, some ulterior motive, or misapprehension of the law, a writ of mandamus is inappropriate.

        4. For this Court to ultimately issue a Writ of Mandamus, the following three requirements must be established: (1) A clear legal right in the petitioner to the relief sought; (2) A legal duty on the part of respondent to do the things which the petitioner seeks to compel; and (3) The absence of another adequate remedy.  State ex rel. Kucera v. City of Wheeling, 170 S.E.2d 367 (1969).

        5. West Virginia Code §18-5-16(a) creates no legal duty on the Superintendent of Gilmer County Schools other than to transfer students from one school to another within the county upon the written request of a parent, or for reasons affecting the best interests of the schools.    The statute states, “Any aggrieved person may appeal the decision of the county superintendent to the county board, and the decision of the county board shall be final.“ Therefore the only duty of the Board of Education is to review the Superintendent’s decision and make a final ruling.

        6. “Mandamus will lie to control a board of education in the exercise of its discretion upon a showing of caprice, passion, partiality, fraud, arbitrary conduct, some ulterior motive, or misapprehension of the law,“ Dillon v. Board of Educ. of Wyoming Co., 351 S.E.2d 58, Syl. Pt. 4 (W.Va. 1986).  That showing cannot be made by the Petitioners. Under W. Va. Code §18-5-16(a), and related Board Policies 5117 and 5118, the Superintendent had to determine the school attendance zone that the Petitioners’ child must attend. As evidenced in the record, when faced with the facts that the Petitioners had a home in the Normantown school attendance zone and an office building in the Glenville school attendance zone—and after giving the Petitioners’ claims to the contrary due consideration—Superintendent Bennett determined that the Petitioners “legally reside[d]“ in Normantown, pursuant to Policy 5117.    That conclusion cannot be characterized accurately as arbitrary and capricious. Rather the same is a reasonable conclusion to draw.  “Courts may not interfere with the decisions of a school board without strong evidence justifying such interference.“ McComas at 285.  That showing has not been made by the Petitioners.

        7. The Petitioners have argued that they have “dual residence” in Normantown and Glenville as a consequence of their ownership of two properties. However, the Respondents do not recognize “dual residence” as a legitimate status with respect to its school attendance zone policies.  Instead, the Respondent Board of Education has interpreted its policy to require that students attend the school located in the attendance zone in which they are domiciled—or as the Board’s Policy 5117 clearly, if inartfully, states, the zone in which they “legally reside.“

        8. This case involves the interpretation and application of an ambiguous statute and ambiguous county board polices.    West Virginia Code §18-5-16(a) and Gilmer County Board of Education Policies 5117 and 5118 are the law and rules at issue.  Notably, West Virginia Code §18-5-16(a) has never been interpreted by the West Virginia Supreme Court of Appeals.

        9. West Virginia Code §18-5-16(a)reads, in relevant part:  “The county board may divide the county into such districts as are necessary to determine the schools the students of its county shall attend,“ (emphasis added). Although emphatic and mandatory language is used, the statute provides no standard by which to make this determination under normal circumstances, and it provides no standard to follow when confronting a claim of “dual residence” for school zone attendance purposes.

        10. Policy 5117 defines the four geographic school attendance zones for students in Gilmer County.  Policy 5117 states that “[a]ll students must attend the Elementary Schools within the zone they legally reside.“ Policy 5117’s reference to “the zone they legally reside,“ clearly contemplates that a student can have but one “zone [in which] they legally reside.“ The Court believes this is a reference to the legal concept of domicile, as one can only have a single domicile. See Lotz v. Atamcmiuk, 304 S.E.2d 20, 23 (W.Va. 1983).

        11. The law does not recognize dual residences, and for the purposes of determining where a student will attend school, it is crucial for a board of education to be able to determine the one attendance zone in which a child lives, so that it can determine the number of teachers and employees needed at each school.

        12. West Virginia Code §18-5-18a and State Board of Education Policy 2510 limit the teacher-pupil ratios in elementary schools and require that additional staff be hired when the ratio exceeds a given limit,  Since 1996, West Virginia county boards of education have been prohibited from having more than 20 students in Kindergarten classrooms and more than 25 students in classrooms serving grades 1 through 6.    When there are more than 10 students in a Kindergarten classroom, county boards must hire a classroom aide.  See W. Va. C.S.R. §126-42-7.5.4(a)(B).  When there would be more than 20 students in a Kindergarten classroom, a new Kindergarten teacher must be hired.

        13. The cost of salaries and benefits (both current and post-employment) for even a single additional teacher and/or classroom aide is considerable. Were a dual residency rule for school zone attendance purposes forced upon the Board of Education, it would have to recognize such claims from those who own property and those who merely use property in multiple school attendance zones. Obviously, such a loose rule could easily and frequently be abused, resulting in changing classroom enrollments, including enrollments beyond the classroom size limits required by law—thus necessitating the hire of additional staff. This Court cannot find that the Petitioners have a right to force the Board of Education into such a situation. The classroom size limit laws and policies exist for good reasons. The Board of Education, for equally good reasons, must enforce its school attendance zone rules without recognizing dual residency.

        14. A reviewing court is required to afford deference to an agency’s interpretation of its own regulation if the regulation contains an ambiguity.  See Consumer Advocate Div. ofPSC v. PSC of W.Va., 386 S.E.2d 650, Syl. Pt. 1 (W.Va. 1989).  While Policy 5117 states that “[a]ll students must attend the Elementary Schools within the zone they legally reside,“ the phrase “legally reside” is ambiguous and has no clear legal meaning—as the phrase is neither defined in the policy nor by reference to an external legal authority.    The Respondents’ interpretation and application of this term, giving it the meaning of domicile, is not only a reasonable and logical one, it is the only one that would give the policy (and the statutory provision upon which it is based) an effective meaning and use.  The Respondent Board of Education’s interpretation of its policy is therefore entitled to deference by this Court absent a showing that the Board’s interpretation exceeds its constitutional or statutory authority, or is arbitrary or capricious. This showing has not been made.

        15. As noted above, the Superintendent and the Board of Education are in no way compelled by statute to find that the Petitioners are residents of the living space in the basement of the Glenville office building when there is evidence and basic reasoning to indicate that they are, more likely than not, residents of a home in the Normantown school attendance zone.  The Petitioners admit to owning a house at 778 Heritage Lane, Glenville, WV 26351, and a doctor’s office in Glenville at 604 W. Main Street, Glenville, WV 26351. Based on this information alone, the Respondents could have reasonably found that a preponderance of the evidence indicated that the Petitioners are domiciled in their Normantown school zone home, and not the lower level of their office building in Glenville. Nothing more was required of the school board. Moreover, the decision of the Respondents cannot accurately be characterized as being the result of caprice, passion, partiality, fraud, arbitrary conduct, some ulterior motive, or misapprehension of the law.  No evidence of the same was introduced by the Petitioners.  Rather, the decision presence of counsel. A vote on a motion to overrule the Superintendent’s decision failed and the Petitioners were notified of the same. See Transcript of December 20, 2010 Board Hearing at 21. On January 13, 2011, pursuant to the Court’s earlier Order, the Petitioners filed with the Clerk of Courts, and all counsel of record, a notice of their desire to proceed further with their Petition for Writ of Mandamus.

On March 28, 2011 at 11:00 a.m., the parties and their respective counsel, Mark McMillian and Richard Boothby, appeared before the Court once again in a final hearing on the Petitioners’ Petition for Writ of Mandamus. Prior to the same, the Respondent filed additional motions to dismiss, and the Court took the same under advisement. Oral argument was heard from both counsel in open court, and the Court inquired of counsel during the same. Thereafter, the Court entered an Order on March 31, 2011 making the transcription of the hearing before the Board of Education on December 15 and 20, 2011 a part of the record of these proceedings, and requiring the parties, by counsel, to submit no later than April 11, 2011, their respective Proposed Findings of Fact and Conclusions of Law.

Attendance zone, not recognizing The Petitioners’ claim of dual residency, and his related September 14, 2010 order that the Petitioners’ child be transferred—were violations of a clear legal duty and/or the result of caprice, passion, partiality, fraud, arbitrary conduct, some ulterior motive, or misapprehension of the law. For that reason, a writ of mandamus is inappropriate.

Therefore, it is hereby ORDERED, ADJUDGED, and DECREED:

        1. The Petition for Writ of Mandamus shall be DENIED.

        2. The Court notes that nothing in this ruling prohibits the Petitioners from seeking a transfer of K. A. to Glenville Elementary School, pursuant to the applicable policies and procedures.

        3. The Court shall note and preserve all parties’ objections and exceptions to the Court’s rulings.

        4. The Clerk of this Court shall provide copies of this Order to counsel for the Petitioners, Mark McMillian; and to counsel for the Respondents, Richard S. Boothby.
It is accordingly so ORDERED
ENTERED this the   23rd     day of JULY ,2011.

Richard A. Facemire, Judge

08.03.2011
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Gilmer County Family Judget Whited Injured in a Tractor Accident‏

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It has been reported that Gilmer County Family Judge Whited was flown to CAMC and is in intensive care after a tractor accident causing extensive injuries including fractured ribs,  possible collapsed lung, liver laceration and hip fractures.

Gilmer County Did Not Score Well at Greenbrier Classics

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According to report filed by the Lewisburg Police Department Douglas Darrell Cottrill of Glenville, Gilmer County West Virginia was arrested on Thursday, July 28, 2011, in Greenbrier County during the Greenbrier Classics event.

Lewisburg Police Officer Brandon McCormick was on a routine traffic run at the intersection of Rt. 219 and Rt. 60 in downtown Lewisburg Greenbrier County WV, when he noticed a Red Jeep entering the intersection without its headlights on when it was dark.

The officer noticed the driver and passenger had two open containers and a box of beer in the back seat as they were passing by when he yelled for them to pull over in the parking lot nearby.

To add to the problem the officer discovered a tail light on the vehicle was also out.

After Cottrill and the passenger stepped out of the vehicle, the officer could smell the odor of Marijuana coming from the vehicle.

The report indicates there was a Crown Royal bag in plain view from the back passenger side window.

Upon looking in the bag, the officer saw a green leafy substance appearing which appeared to be Marijuana and a glass pipe in it.

The case went from bad to worse when the officer began searching the car and a duffle bag was found,  and in the middle of it he found a bag containing green leafy substance appearing to be Marijuana (less than 15 grams) and a wooden/glass bowl.

The substance was subsequently field tested which also showed it to be Marijuana.

Upon being Mirandized, Mr. Cottrill agreed that it was Marijuana.

The officer also found a pill bottle with prescription tag for Lortab and the name of Ike Morris on it.

Upon opening the bottle eight and one half yellow pills were found with the numbers 3601 imprinted on one side and V on the other (Hydrocodone/Acetaminophen).

After investigation, it was found that Mr. Cottrill had no prescription for them.

Also in the pill bottle was a little bag wrapped up containing white powder appearing to be cocaine, and the substance was subsequently field tested which also showed to be positive for cocaine.

Again Cottrill agreed that it was cocaine.


Case No.: 11-M13M-00627
Greebrier County Magistrate Court
07.29.2011

08.01.2011
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Federal Court Backs WV School in Online Bullying Case

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A federal appeals court this week upheld the suspension of a West Virginia student who created a web page suggesting another student had a sexually transmitted disease and invited classmates to comment.

A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously refused to reinstate Kara Kowalski’s lawsuit against school officials in Berkeley County. She claimed her five-day suspension from Musselman High School in 2005 violated her free speech and due process rights, and that school officials lacked authority to punish her because she created the web page at home.

The appeals court said the web page was created primarily for Kowalski’s classmates, so the school had the right to discipline her for disrupting the learning environment.

Kowalski was a senior at Musselman when she created a MySpace page called “S.A.S.H.“ She claimed it was an acronym for “Students Against Sluts Herpes.“

But a classmate said it stood for “Students Against Shay’s Herpes” and referred to a student who was the main subject of discussion on the page. The first of about two dozen students who joined the discussion group posted photos of the student, including one with red dots drawn over her face to simulate herpes.

Other students posted messages commenting on the photos and ridiculing the student, whose parents complained to school officials the next day. Officials concluded Kowalski had created a “hate website” in violation of the school’s anti-bullying policy.

Along with being suspended, Kowalski was prevented from crowning her successor as “Queen of Charm” in the school’s annual Charm Review and was kicked off the cheerleading squad. She claimed her punishment left her isolated and depressed, but she got no sympathy from the appeals court.

“Kowalski’s role in the ‘S.A.S.H.‘ webpage, which was used to ridicule and demean a fellow student, was particularly mean-spirited and hateful,“ Judge Paul V. Niemeyer wrote.

“Regretfully, she yet fails to see that such harassment and bullying is inappropriate and hurtful and that it must be taken seriously by school administrators,“ he wrote.

Messages left for Kowalski’s attorney, Nancy A. Dalby, were not immediately returned Wednesday.

Although the ruling in the Kowalski case was unanimous, University of Arizona cyberbullying expert Sheri Bauman said such cases present “a real conundrum” for courts trying to balance students’ First Amendment rights against the need to maintain order in schools.

“This is all quite new. That’s what makes it so difficult for schools to decide when and where they have the option to intervene,“ said Bauman, director of the university’s school counseling program and author of the book “Cyberbullying: What Counselors Need to Know.“

She said one of the issues that needs clarification is the definition of “substantial disruption” of the learning environment. She predicted that the U.S. Supreme Court eventually will be asked for guidance on this and other issues involving school cyberbullying.

G-otcha™: Gilmer FCI Inmate Enters Plea and Is Sentenced in Federal Court

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An USP Gilmer inmate entered a plea of guilty and was sentenced on Tuesday, July 26, 2011, in United States District Court in Clarksburg by Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld, II, announced that:

RICHARD NEWLAND, age 42, entered a plea of guilty to one count of possession of a prohibited object on January 19, 2010, when correctional officers searched NEWLAND’s cell and discovered a small quantity of marijuana.

NEWLAND was sentenced to four months imprisonment to run consecutively with his current 108-month sentence.

The case was prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services at FCI Gilmer.

WV Supreme Court Justice Says Students Who Skip Out on School, Many Times, Wind Up in Jail or Prison

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Missing school could mean more problems later for everyone.

State Supreme Court Justice Robin Davis says that’s why truancy needs to be addressed early.  “If you meet it on the front end then, hopefully, the back end goes away,“ Justice Davis said on Thursday’s MetroNews Talkline.

She was in Preston County on Thursday to speak with hundreds of members of the American Federation of Teachers about ways to solve truancy problems.

From the court side, Justice Davis will be one of the judges visiting 14 different regions in West Virginia later this year as part of an outreach program focused on cooperative efforts to get students back into the schools before they end up in the courts.

She says they’ll try to tailor programs to those different areas.

“It’s just not always the children,“ she says of the reasons why students may not be going to school.  “Sometimes, it’s the parents and, if we don’t get involved early on, it’s a lost cause.“

As an example, Taylor County Circuit Judge Alan Moats, who will also be working on solutions, estimates half of the students in Taylor County and Barbour County, the counties he serves, miss ten or more days of school every year.

On the list of people recently indicted, most did not have high school diplomas and one could not read.

Justice Davis says judges can identify clear patterns.

“All of the children that they see coming through their court system as truants, they again see either in the juvenile system or later on in the criminal system where they end up in jails or prisons,“ she says.

Gilmer County Family Court Report - 07.22.11

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Family Court Judge Larry Whited spent most of Friday, July 22, 2011 in Gilmer County hearing cases.


•  He heard an allocation proceeding between Brian Nichols vs. Jodie L.Turner.

After which he referred them to mediation.

Ms. Turner was represented by Shelly DeMarino of Glenville.


Two divorces were granted:


•  Danny J. Mathess (36) of Cox’s Mills divorced Melissa Mathess (32) of Linn.


•  Gloria Shaffer divorced Richard D. Shaffer

But the final order has not yet been received because her attorney is preparing it.


•  A modification was heard in the case of Miranda Stump vs. Jonah Stump with a temporary order being entered.


•  A temporary order was also entered in the paternity case of Corey Dokes and Betsy Jo Wiley.


•  Genetic testing was ordered in the paternity case involving Deborah Kittle and Jeremiah Luzader.


•  A temporary order was also entered in the case of Don Marks and Heather Black.


•  A temporary order was also entered in paternity case of Gary and Stephanie Jenkins.


•  A temporary order was entered in the modification involving Donna Davisson and Ricky Pettit.


•  Two hearings were cancelled.

07.26.2011
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WV Truancy Plan to Be Detailed Thursday

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Robin Jean Davis, a justice on the state Supreme Court of Appeals, will make a major policy speech about a new initiative to combat truancy at 8:30 AM Thursday, July 28, 2011 at the Camp Dawson Conference Center in Preston County, WV, according a press release issued by the court.

Davis will speak to more than 160 teachers and school service personnel at the Kingwood facility.

Her presentation will be part of a week-long summer school sponsored by the West Virginia Federation of Teachers.

This year’s seminar this year is focused in part on family and community involvement in school improvement and behavior management.

Davis has been appointed by the Supreme Court to coordinate the efforts of numerous circuit judges throughout West Virginia who are working with their local schools on anti-truancy and anti-dropout programs.

The Court hopes Davis’ leadership will encourage more judges and schools to work together on the issues.

Gilmer County Circuit Court Report - 07.21.11

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On Thursday, July 21, 2010 Chief Judge Richard A. Facemire heard 7 cases in Gilmer County Circuit Court as follows:


•  In the civil case of Leon Ramsey vs. Arnold Drew Moody

Ramsey’s attorney moved for summary judgment against the defendant.

Judge Facemire ruled that both sides provide authority for their positions by Wednesday, August 03, 2011 and took the matter under advisement.


•  State of West Virginia vs. Richard Siers.

Siers pled guilty to counts 1,2 and 3 of the indictment returned against him charging sexual assault in the 3rd degree and the other counts against him were dismissed by the prosecutor.

His sentencing is scheduled for Monday, September 26, 2011 at 10:00 AM.

He was represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Angel Hart

She was before the Court for revocation of her probation.

Once again the Judge sentenced her to not less than 1 nor more than 5 years in the penitentiary, but suspended all but 10 days of said sentence and readmitted her to 5 years probation.

She will served 5 weekends in the Central Regional Jail to discharge her 10 days sentence.

She was represented by R. Russell Stobbs of Weston.


•  State of West Virginia vs. Jimmy Sandy

He was before the Court for sentencing, but his attorney never received notice of date and time for said sentencing.

Thus Judge Facemire rescheduled Sandy’s sentencing for Monday, August 22, 2011 at 9:10 AM.

Sandy is represented by Christopher Moffatt of Charleston.


•  State of West Virginia vs. Joran Biscombe

He was before the Court and pled guilty to count 2 charging manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a Schedule IV controlled substance.

The prosecutor dismissed the other 5 counts of this felony indictment.

His sentencing is now set for Monday, September 26, 2011 at 10:30 AM.

He was represented by Timothy Gentilozzi of Clarksburg.


•  Francis Frame vs. John Frame, et al

The civil case was before the Court on a motion to continue trial that was set for Wednesday, September 07, 2011.

The pre-trial in this case is now set for Tuesday, December 20, 2011 at 9:00 AM.

The trial is set for Tuesday, January 17, 2012 at 9:00 AM.

Due to the mediator being appointed Circuit Judge in a neighboring county, Jim Wilson will now be the mediator in this case.

Also MPB Bank was dismissed as a party to this action.

William Richardson of Parkersburg represents the plaintiff with Timothy B. Butcher of Glenville representing the defendants.


•  State of West Virginia vs. Roy Jenkins Jr.

He was before the Court asking Judge Facemire to suspend the home confinement requirements and permit him to be on home confinement without paying fees.

The Judge denied his motion and ordered him to obtain full-time verifiable employment.

Jenkins was represented by Clinton Bischoff of Summersville.

Gilmer County Circuit Court Report – 07.18.11

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On Monday, July 11, 2011, Judge Jack Alsop presided over his monthly motion day in Gilmer County.


•  A hearing was held via video in the case of Steve Dilworth vs. Thomas McBride, Wardenwith Dilworth’s attorney.

Ray Shepard, participating by telephone.

After hearing the evidence Judge Alsop said he will issue a written decision in the matter and subsequently signed the file out of the Clerk’s office.


•  A review was held in a juvenile matter and reset for Monday, August 08, 2011 at 10:15 AM.


•  On Tuesday, July 12, 2011, motions were heard in the case of State of West Virginia vs. Kenny McCord and his trial on Tuesday, July 19, 2011 was cancelled after further hearings on Tuesday, July 14, 2011.

McCord is represented by David Karickhoff of Sutton.

There will be a status hearing in this case on Monday, September 12, 2011 at 10:45 AM.


•  Wednesday, July 13, 2011 was a very busy day with the petit jurors reporting for indoctrination.

•  Two jurors failed to appear and summonses have been issued for them to appear on Monday, August 08, 2011 at 9:00 AM to show cause.


•  Two pleas were taken and one jury trial was held.


•  In the case of State of West Virginia vs. Jerry Dwane Duelley II

He pled to 2 misdemeanor counts of first offense DUI and the state agreed to dismiss the remaining felony count in his indictment of possession with intent to deliver a Schedule I controlled substance.

Duelley was represented by Daniel Grindo of Gassaway.

Judge Alsop set sentencing in this matter for Thursday, September 01, 2011 at 10:45 AM and informed defendant that he would be taking testimony regarding the drugs at that time.


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•  State of West Virginia vs. Mark Alan Taylor

Taylor pled to one count of burglary with the state dismissing the remaining counts in his indictment charging false information to a trooper and transferring stolen property.

His sentencing is set for Thursday, September 01, 2011 at 10:30 AM.

Grindo also represented Mark Taylor.

Bail amount $20,000.00


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•  Jurors were selected and the trial began in the case of State of West Virginia vs. Walter Wallace Adkins Jr.

Later in the day the jury returned a verdict of guilty of fraudulent schemes.

Adkins was charged with taking $4,500.00 from Mt. Pisgah Baptist Church for a sign that he never provided to them.

Adkins was represented by Christina Flanigan of Buckhannon and will be sentenced on August 08, 2011 at 9:45 AM.

Bail amount $100,000.


•  On Thursday, July 14, 2011 Judge Alsop presided over Court most of the day again.


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•  State of West Virginia vs. Heather Ann Black

She entered a plea to count 2 of the indictment previously returned against her for possession of precursors to metharnphetamine.

She was represented by Christopher Moffatt of Charleston and will be sentenced on Monday, September 12, 2011 at 9:30 AM.

Her attorney made a motion to release her on bond pending sentencing, but the Judge denied the same.

Bail amount $50,000.00


•  Three juvenile cases were heard and one was reset for Monday, August 08, 2011 at 10:30 AM, one for Thursday, September 22, 2011 at 9:00 AM,  and the third may be transferred to the State of Ohio if officials there file pleadings in the case.


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•  State of West Virginia vs. Kendra Lynn Kohler

She was before the Court for revocation of her probation.

She remains in jail and will have an adjudicatory hearing on Thursday, September 22, 2011 at 11:00 AM.


•  Chief Judge Richard A. Facemire will hold his motion day on Thursday, July 21, 2011 and both Judges Facemire and Alsop will be off the last week of this month.


•  Judge Alsop has a criminal trial set for Tuesday, August 02, 2011 at 9:00 AM.

Jurors will need to call the recording after 4:00 PM on Monday, August 01, 2011 to check and see if the trial is still scheduled for that day.

Clay County: Murder Case Indictment

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A Clay County man is scheduled to be arraigned by a circuit judge Friday morning after being indicted this week by a grand jury.

The panel handed up an indictment of first-degree murder against Bobby Ray Hanshaw.

He was arrested in May following the shooting death of Guy Dwier near the community of Procious.

Dwier was shot at close range with a .30-.30 rifle and killed instantly.

West Virginia State Troopers say Hanshaw was mad at Dwier for allegedly stealing his ATV in 2010.

WV State Police says the two men have had previous disputes.

Hanshaw will be arraigned Friday morning in Clay County Circuit Court.

A trial date will be set.

Hanshaw is in Central Regional Jail on $800,000 Bond.

Gilmer County Circuit Court Report - 07.08.11

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On Wednesday, July 06, 2011 Judge Jack Alsop appeared in Gilmer County and opened his regular July term of Circuit Court.


•  One infant guardian case was continued until Thursday, September 01, 2011 at 9:00 AM upon agreement of the parties.


Several civil cases were set for status and dealt with as follows:


•  Billy Kennedy vs. Ramsey Associated Petroleum
Attorneys reported they are close to settlement in this 2006 case languishing on the Court’s docket.
Judge Alsop informed them they have 30 days to submit an agreed order or he will dismiss the case.


•  Michael and Rachel Langford vs. Patrick Robert Bush, et al
The case saw another status hearing scheduled for Monday, August 08, 2011 at 10:00 AM.


•  Citibank NA vs. Hannah M. Smith
The case will have a pre-trial hearing on Thursday, October 06, 2011 at 9:00 AM with bench trial to be held on Friday, November 04, 2011 at 9:00 AM.


•  Connie and Lloyd Stewart vs. Santander Consumer USA Inc.
Attorneys stated they are having settlement discussions and they have 14 days to submit a name of a mediator they agree upon.


•  Citibank South Dakota vs. Helen F. Radcliff
An agreed order of default judgment was entered.


•  Deere Credit Services Inc. vs. David W. Dickey et al*
The case was dismissed by the Court.


•  Cavalry Portfolio Services vs. Dwayne Thompson*
The case was dismissed by the Court.


•  First Resolution Investment Corp vs. Leonard F. Terrango*
The case was dismissed by the Court.


•  Ford Motor Company vs. Lucas McCune*
The case was dismissed by the Court.


*All 4 of these cases were dismissed because plaintiffs had failed to get service on the defendants in a timely manner.


•  FIA Card Services vs. Kris P. Snyder
The case will have a bench trial in this case on Thursday, October 06, 2011 at 2:00 PM.


•  Leslie Equipment Co. Inc. vs. Herbert Dickey
The case was dismissed by plaintiff’s counsel.

Chief Judge Facemire and Judge Alsop both appeared in Gilmer County to conduct hearings on Thursday, July 07, 2011.


•  Judge Facemire held a judicial review in a juvenile case and scheduled it for further review on Friday, September 26, 2011 at 9:20 AM.


•  State of West Virginia vs. Stephanie Smarr
She pled to count 1 of forgery in her Gilmer County case and count 1 of an information alleging conspiracy in Braxton County.
Sentencing is scheduled for her on Monday, September 26, 2011 at 9:30 AM.
She was represented by Christina Flanigan of Buckhannon.


•  Judge Alsop ran through a 6 page docket on July 07, 2011 as well.

•  Twenty-two (22) capias’ were reissued for failure to appear in criminal cases with some being pending since 2000.


Trials and pleas were set as follows:


•  State of West Virginia vs. Walter Wallace Adkins Jr.
This will be the first trial on Wednesday, July 13, 2011.


•  State of West Virginia vs. Jerry D. Duelley II
This will be the 2nd trial on Wednesday, July 13, 2011.


•  State of West Virginia vs. Heather Black
She will enter a plea at NOON on Wednesday, July 13, 2011.
Heather Black is represented by Christopher Moffatt of Charleston.


•  State of West Virginia vs. Mark Alan Taylor
He will enter a plea at 4:00 PM on Wednesday, July 13, 2011.
Mark Taylor is represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Kenneth McCord
Motions will be heard in at 9:00 AM on Tuesday, July 12, 2011 with his trial set for Tuesday, July 19, 2011.
He is represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Felix Aviles Jr.
The case will go to trial on Tuesday, August 02, 2011 at 9:00 AM.
He is represented by David Karickhoff and being prosecuted by special prosecuting attorney Kelly McLaughlin from Braxton County.


•  State of West Virginia vs. Christoper McVaney
He saw his trial set for Tuesday, September 27, 2011 at 9:00 AM.
He is represented by R. Russell Stobbs of Weston and is being prosecuted by special prosecutor McLaughlin as well.


•  State of West Virginia vs. Evan Tingler
He was before the Court for sentencing.
However, the Judge deferred sentencing and placed him on 5 years probation after he had successfully completed the program at Anthony Center for Youthful Offenders.
He must pay court costs, attorney fees and restitution to the victims in his case, plus perform 120 hours of community service per year of probation, which will be reduced to 80 hours if he is employed.
He must be drug tested once a week for at least 6 months as well.
He was represented by Russell Stobbs.


•  State of West Virginia vs. James Lee Shields
He saw his pre-trial set for Thursday, September 01, 2011 at 9:00 AM and his trial is on Thursday, September 29, 2011.
He is represented by Christopher Moffatt.


•  State of West Virginia vs. Michael Radcliff
He was before the Court for reconsideration of his sentence, which the Judge took under advisement and he is to submit proof of employment.
He was represented by David Karickhoff.


•  Stonewall Jackson Memorial Hospital vs. Cynthia Jo Clevenger
Saw default judgment entered in this case.


•  WACO Oil & Gas Inc. vs. PJ’s Day Care
The case was before the Court for status and an agreement was submitted where defendant is paying off the plaintiffs.


•  One criminal case was expunged by the Court.


•  A juvenile case was heard and dispositional hearing set for 11:00 AM on Monday, August 08, 2011.


•  On Friday, July 08, 2011 Judge Alsop returned for another juvenile dispositional hearing.


•  Monday, July 11, 2011 is Judge Alsop’s regular monthly motion day.


•  On Tuesday, July 12, 2011, he will hear motions on: State of West Virginia vs. Kenneth McCord


•  On Wednesday, July 13, 2011 petit jurors report and a criminal trial will begin.


•  On Thursday, July 14, 2011 3 juvenile cases will be heard and a revocation of probation in State of West Virginia vs. Kendra Kohler.

07.12.2011
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Lewis County: The Grand Jury Hands Down 28 Indictments - 07.11.11

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The July term of the Lewis County grand jury convened Monday, July 10, 2011 with Judge Thomas Keadle Presiding.


Prosecuting Attorney Gary Morris presented 28 individual cases.


•  Jerry Berkhammer, 70, of Weston faces charges of six counts of operating an unlicensed salvage yard.


•  Justin Michael Bland, 29, of Weston faces charges for one count of conspiracy and one count fraudulent schemes.


•  Tammy Jean Chipps, 35, of Weston faces charges for twelve counts of sexual abuse by a parent.


•  William Wayne Coonts, 29 of Jane Lew faces a charge for one count of burglary.


•  Randy Lee Dennison, 45, of Camden faces a charge for one count of driving while license is revoked for a third offense DUI.


•  James Allen Frymier, Jr. , 26, of Weston faces charges for four counts of conspiracy and one count for fraudulent schemes.


•  James H. Fultineer, 48, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Chelsey Nicole Garrison, 23, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Harry Leroy Goldsmith, 77, of Weston faces charges of one count of sexual abuse by a person in a position of trust and seven counts of incest.


•  Lindsey Heater, 22, of Heaters faces charges for two counts of forgery and two counts of uttering.


•  Mary Jane Hefner faces charges for fifteen counts of obtaining a controlled substance by misrepresentation.


•  Alex Paul Jordan, 22, of Jane Lew, faces charges for one count of possession of a controlled substance with intent to deliver.
According to the criminal complaint, a Sheriff’s deputy pulled Jordan over for driving without his headlights on.
The deputy found about 73 grams of marijuana, digital scales and a glass smoking pipe.


•  James D. Lorentz, 27, of Camden faces charges for one count of domestic battery third offense and one count of unlawful wounding.


•  Angel D. Marple, 39, of Weston faces a charge of one count of conspiracy.


•  Peck Howard Marsh, 34, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Donald Dewayne Mayo, 35, of Horner faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Benjamin L. Phillips, 45, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  William J. Posey, 30, of Weston faces a charge for third offense domestic battery.


•  David Tyler Raines, 20, of Weston, faces charges for twelve counts of third degree sexual assault.


•  Kyre T. Richardson, 21, of Weston faces charges of four counts malicious wounding. According to the criminal complaint, Richardson shot a nine-year-old four times in the back with a BB gun.


•  Sharon Riddle, 42, of Weston, faces charges for one count of welfare fraud.


•  James Lee Robinson, II, 40, of Enterprise, faces charges for three counts of forgery, two counts of uttering and one count of third offense of driving while his license was revoked for DUI.


•  Jerry Ron Sands aka Michael Whitman, 49, of Barboursville faces one charge of grand larceny.


•  Rebecca Workman Shaver, 44, of Weston faces a charge for one count of conspiracy.


•  Marie Ella Shreve, 30, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Clarence Noel Slaughter, 53, of Weston, faces charges for two counts of refusing to provide accurate sex offender registration information.


•  Samuel Joseph Smith, 26, of Weston faces one count of malicious wounding and one count of wanton endangerment.
According to the criminal complaint, Smith shot his wife Amie in the chest.


•  Shelby Andrew Yeager, 67, of Weston, faces charges for two counts of refusing to provide accurate sex offender registration information.

Doddridge County: The Grand Jury Returns 9 Indictments - 07.11.11

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The Doddridge County Grand Jury took up nine cases in the July 2011 term on Monday, July 11, 2011.


•  Crystal Dawn Ash, 31, of Clarksburg, is charged with transportation of controlled substance onto the grounds of the North Central Regional Jail.


•  Michael A. Bowyer, 33, of New Milton, is charged with child abuse resulting in injury and battery.


•  William Herold Burgess, 44, of Clarksburg, is charged with third degree arson.


•  Timothy James Gore, 20, of Lost Creek, is charged with three counts of sexual abuse in the first degree.


•  Shane Michael Gray, 36, of Greenwood, West Virginia, is charged with one count of malicious wounding.


•  Angela Dawn Lawfield, 36, of Parkersburg, is charged with transportation of controlled substance onto the grounds of the North Central Regional Jail.


•  Jeffery A Lowe, Sr. , 51, of Salem, is facing two charges of delivery of a controlled substance.


•  James Robert McKinney, 25, of Vincent, Ohio, is charged with six counts of sexual assault in the third degree.


•  Kimberly Shaver, 31, of West Union, is charged with forgery and uttering.

G-otcha™: Two Enter Guilty Pleas in Federal Court – 07.06.11

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Two area individuals entered guilty pleas in United States District Court in Clarksbutg, WV.


•  Michael Cawthon, of Gassaway

Entered a plea of guilty to one count of distribution of heroin within 1,000 feet of West Virginia Junior College in Bridgeport.

Cawthorn, who is free on bond, faces a maximum penalty of 40 years in prison and a fine of $2,000.


•  Larry Bailey, of Ireland

Entered a plea of guilty to one count of possession of equipment, chemical, product, and material used to manufacture methamphetamine in Randolph County.

Bailey, who is free on bond, faces a maximum penalty of 10 years in prison and a fine of $250,000.

Marion County Man Sues Local Drillers Over Gas Wells

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A Marion County man is suing two natural gas companies, arguing that even though they own the mineral rights under his land, they don’t have the right to use the surface to sink wells that will drain gas from neighboring properties.

Richard Cain is suing Exxon Mobil subsidiary XTO Energy and Glenville-based Waco Oil and Gas in Marion Circuit Court.

The case could have implications for future dealings between gas drillers rushing to tap the vast deposits of the Marcellus Shale field underlying much of West Virginia.

XTO declined comment on the lawsuit, and Waco didn’t immediately respond to a telephone message Tuesday.

To reach the mile-deep Marcellus reserves, companies use unconventional horizontal drilling and hydraulic fracturing or “fracking’‘ technologies, in which millions of gallons of chemical-laden water are blasted underground to break up the rock and release the gas.

State regulators spent much of 2010 developing a package of new drilling rules for lawmakers to consider, but the last session ended without an agreement.

For now, drilling companies operate under the same regulations that have governed shallow, conventional gas drilling for decades.

XTO began using Cain’s land last year, but he delayed the lawsuit while awaiting new legislation.

Attorney David McMahon, co-founder of the West Virginia Surface Owners’ Rights Organization, said Cain bought a total of 138 acres in 1989 but didn’t obtain the mineral rights.

They’d been sold more than a century earlier.

Cain planned to leave the land to his children and is now “heartsick’‘ that the companies plan to disrupt 36 of the 105 acres he still owns, McMahon said.

Cain acknowledges the companies have a right to the gas, but he contends the amount they will get is too minute to justify the surface disruption.

He also claims ownership of the mineral rights doesn’t give them the power to drill multiple wells.

The lawsuit says XTO has approval for one 12-acre well pad. From there, it can drill as many as six horizontal wells.

XTO plans to put two more pads on Cain’s land, and the lawsuit says that means it could effectively disrupt nearly 40 percent of the surface without Cain’s permission.

Under current law, drilling companies must compensate surface owners for lost income, expenses and damages. But McMahon argues the formula is inadequate.

“The value shouldn’t just be what it’s worth to the seller, but what it’s worth to the buyer—who is the driller in this case,‘’ McMahon said.

He suggests that’s about $25,000 per well.

Marion Circuit Judge Fred Fox has scheduled the first status conference in the case for August 08, 2011 in Fairmont.

~~  AP ~~

07.06.2011
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Gilmer County Family Court: Civil Action No.  11-D-19

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ORDER OF PUBLICATION
FAMILY COURT OF GILMER COUNTY, WEST VIRGINIA

Civil Action No.  11-D-19

IN RE THE MARRIAGE OF:

MARY A.  HOSEY (PETITIONER)    and     ANTHONY C.  HOSEY (RESPONDENT)


THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE.

To the Above Named Respondent:

It appearing by affidavit filed in this action that ANTHONY C.  HOSEY is a non-resident of the State of West Virginia, it is hereby ordered that ANTHONY C.  HOSEY Serve Upon MARY A.  HOSEY Petitioner’s attorney, whose address is   410 W, Main Street, Glenville, WV   26351 , an Answer, including any related counterclaim or defense you may have to the Petition for Divorce filed in this action on or before July 24, 2011. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition.

A copy of said Petition can be obtained from the undersigned Clerk at his/her office.

Entered by the Clerk of said Court     June 15, 2011

Karen Elkin
Clerk of Court

Gilmer County Family Court: Civil Action No.  11-D-40

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ORDER OF PUBLICATION
FAMILY COURT OF GILMER COUNTY, WEST VIRGINIA

Civil Action No.  11-D-40

IN RE THE MARRIAGE OF:

LEONA FAY BATTLE (PETITIONER)    and     KYVIN TYRONE BATTLE (RESPONDENT)

THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE.

To the Above Named Respondent:

It appearing by affidavit filed in this action that KYVIN TYRONE BATTLE is a non-resident of the State of West Virginia, it is hereby ordered that KYVIN TYRONE BATTLE Serve Upon LEONA FAY BATTLE Petitioner, whose address is   4 College Street, Glenville, WV   26351 , an Answer, including any related counterclaim or defense you may have to the Petition for Divorce filed in this action on or before July 24, 2011. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition.

A copy of said Petition can be obtained from the undersigned Clerk at his/her office.

Entered by the Clerk of said Court     June 15, 2011

Karen Elkin
Clerk of Court

Doddridge County: Former Sheriff Sentenced on Sex Related Charges

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Bill Holden, the former Doddridge County Sheriff pleaded guilty to one count of showing obscene matter with intent to seduce a minor on Wednesday.

He was sentenced to two years in prison but that was suspended for supervised probation.

In 2009, Holden was charged with intent to seduce a minor and first degree sexual abuse by a parent, guardian or custodian.

Holden allegedly sexually abused a then 10-year-old boy and a 12-year-old girl.

G-FYI™: United States Attorney’s Office Complaint Form

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Following the questionable and unprecedented takeover of Gilmer County schools by the West Virginia State Board of Education on June 08, 2011, many Gilmer County citizens have been searching for a way to show their dissatisfaction and lack of faith in the people at the West Virginia State Education Department.

Letters to the Editor, public polls, and comments show that people in Gilmer County are not satisfied that the takeover was set into motion for other than political reasons.

Per your requests, the following printable document can be filled out and submitted per instruction on the form:

United States Attorney’s Office Complaint Form

Gilmer County Circuit Court Report - 06.28.11

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Chief Judge Richard A. Facemire appeared in Gilmer County for his regular monthly motion day on Monday, June 27, 2011.


•  One fugitive from justice waived extradition back to the state of Ohio.

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Matthew Alan Barto was represented by Sutton attorney, David Karickhoff.

Authorities in Ohio have until 4:00 PM on Tuesday, July 05, 2011 to pick Barto up or Central Regional Jail will release him.


•  Two juvenile cases were reviewed and further hearings will be set Wednesday, August 24, 2011 at 9:10 and 9:20 AM.


Several defendants were before the Court, some for pleas and some for sentencing as follows:

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•  State of West Virginia vs. Yarica Jackson

and

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•  State of West Virginia vs. Mary Ann Starcher were each sentenced to:

a)  not less than 1 nor more than 5 years on Count 1 of the indictment;

b)  not less than 1 nor more than 5 years on Count 21 of the indictment;

c)  not less than 1 nor more than 5 years on Count 41 of the indictment,

d)  not less than 1 nore more than 5 years on Count 61 of the indictment,

e)  not less than 1 nor more than 5 years on Count 62 of the indictment, and

f)  not less than 1 nor more than 5 years on Count 81 of the indictment.

All the sentences will run consecutive to each other for a total of not less than 6 nor more than 30 years.

Jackson will pay court costs but had no fine assessed against her.

She was represented by Kevin Hughart of Sissonville.

Starcher was fined $10,000.00 in addition to the court costs.

She was represented by Christina Flanigan of Buckhannon.


•  State of West Virginia vs. Danny J. Reaser

He was before the Court for sentencing upon his former plea of guilty to failure to provide sex offender registration change of information.

Judge Facemire ordered him to self report for Diagnosis and Classification and then he will be sentenced on Monday, October 24, 2011 at 9:30 AM.

Reaser was also represented by Kevin Hughart.


•  State of West Virginia vs. James Roberson

He was also before the Court for sentencing upon his former plea of guilty to possession with the intent to manufacture (marijuana).

He was sentenced to not less than 1 nor more than 5 years in the penitentiary with the sentence being suspended and him being placed on probation for 5 years

He must perform 100 hours of community service for each year of probation, and he must enroll in college or a trade school or get full time employment.

He has to pay customary and usual court costs but no fine and he must do a book report and submit to the court.

Roberson was also represented by Kevin Hughart.


•  State of West Virginia vs. Angel Hart

She was sentenced to not less than 1 nor more than 5 years in the penitentiary upon her former “Kennedy plea” (no admission of guilt) to conspiracy.

Her sentence was suspended and she was placed on 5 years probation with no fine but customary court costs.

She also must maintain employment.

Later in the day she was given a breathalyzer test and results were positive for alcohol.

She was represented by R. Russell Stobbs of Weston.


•  State of West Virginia vs. Laura LaFever

She pled guilty to 2 misdemeanor charges of trespass and petit larceny.

All other counts of her indictment were dismissed by the prosecutor.

She was represented by David Karickhoff of Sutton and will be sentenced on Wednesday, August 24, 2011 at 10:15 AM.


•  State of West Virginia vs. Jimmy Sandy

He failed to appear for his sentencing and a capias was issued for his immediate arrest with bond being set at $250,000.00 CASH.

He was represented by Christopher Moffatt of Charleston.


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•  State of West Virginia vs. Roseann Jean Shelton

She was before the Court for a plea and she was represented by David Karickhoff.

She pled to count 2 of the indictment charging child neglect creating risk of injury.

Count 1 of the indictment was dismissed by the prosecutor.

Judge Facemire ordered the probation officer to do a presentence investigation and set sentencing for Wednesday, August 24, 2011 at 11:00 AM.

On April 29, 2011, Shelton had failed to appear in Court for a pre-trial hearing and Judge Facemire ordered a capias be issued for her, and she has been incarcerated since that time under a $200,000.00 cash bond.

On this date, judge reset the bond at $15,000.00 and if she posts bond she will be released from jail pending sentencing Wednesday, August 24, 2011.


•  State of West Virginia vs. Billy Tomblin

He was before the Court again for reconsideration of his one year sentence in the Central Regional Jail imposed by Judge Facemire previously.

After much deliberation Judge Facemire gave him a second chance and released him from jail and readmitted him to 5 years probation.

He is to perform community service by working at an animal shelter or for a veterinarian (with no pay).

He is to make restitution at a minimum of $50.00 per month and get a part time job while he is attending Glenville State College.

He also must pay court costs and his jury costs.

Desi Garrett, one of the victims of his crime, spoke at the hearing again.

Tomblin was also represented by David Karickhoff.


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•  State of West Virginia vs. Shanna Marie Johnson

She was before the Court for sentencing upon her former plea of guilty to count 1 charging forgery and count 2 charging uttering. She received two consecutive 1-10 year sentences in the penitentiary, with sentencing being deferred until she goes to Anthony Center as part of her Braxton County plea deal.

She received no fine but must pay court costs.

She may apply for probation if she successfully completes the program at Anthony Center.

She was represented by Clinton Bischoff of Summersville.


•  State of West Virginia vs. Jerome Biscombe

He was to appear for his plea hearing, but the Clerk’s office had failed to sent a notice to his newly hired criminal attorney so neither showed up.

Judge Facemire ordered a capias be issued and his bond revoked.

However, after the Clerk explained the error to the Court he reset the plea hearing for Thursday, July 07, 2011 at 9:30 AM.

Kevin Hughart was his court appointed attorney, but he has since hired Timothy Gentilozzi of Clarksburg.


•  State of West Virginia vs. Telerra L. Lowry

She was before the Court for sentencing upon her former plea to conspiracy.

She was given a 1-5 year sentence, which was suspended and she was placed on 5 years probation which will be transferred to the state of Oklahoma where she now resides with her father.

She received no fine but must pay court costs within 18 months.

She was represented by Daniel Grindo of Gassaway.


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•  State of West Virginia vs. Richard Lee Siers

He saw his plea continued to Thursday, July 21, 2011 at 9:30 AM upon the request of his attorney David Karickhoff.


•  State of West Virginia vs. Stephanie Smart

Her plea was rescheduled for Thursday, July 07, 2011 at 9:30 AM.

She was represented by Christina Flanigan of Buckhannon.

Later she failed her urine screen and must self report to Central Regional Jail at 9:00 AM on Tuesday, June 28, 2011 unless she produces a prescription for what showed up in her urine.

Gilmer County Animal Abuse Case: One Released, Four Still in Jail

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On May 25, 2011, Gilmer County Sheriff Deputies went to the Greenleaf/ Wallbrown residence on Kelly Run Road in Glenville after receiving numerous complaints over the past two years.

The family had been warned about trash and underfed animals on the property.

Most of the animals were in poor condition and had no food or water.

Deputies took digital photos and logged the animals that were seized.

Six horses, eleven dogs, two rabbits, twenty-three chickens, and a cockatoo were caught.

A turkey, some chickens, guineas, and ducks could not be caught at the time.

One horse and a dog were released to Lenard Olson and Rosealeta Hill, the owners.

Thirteen of the forty-three animals showed signs of severe starvation and mistreatment, mainly horses and dogs.

A list of the animal’s owners was given to the deputies.

On June 22, 2011, Debbie Hess, who was caring for the animals, reported to the officers that the two rabbits had died, and the other animals had lice and worms.

Sheila Hamric, who was caring for four of the horses, reported to the deputies that two of them were in bad shape and all had lice and medical problems.

Gilmer County Sheriff Deputies arrested:

Kenneth L. Greenleaf


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Diana Ann Wallbrown, 50

 

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Savannah Ann Wallbrown, 21

 

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Larry Rex Wallbrown, 23

 

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Sara Ann Greenleaf, 25

 

All were arraigned before Carol Wolfe, Magistrate, and charged with 13 counts of cruelty to animals and littering more than 500 pounds.

Bond was set at $15,000 for each.

Bond was posted for Kenneth Greanleaf and he was released from jail on June 26, 2011.

06.28.2011
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Another Case of Animal Abuse in Gilmer County Earlier This Month

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It has been brought to our attention by our readers about another case of animal abuse earlier this month in Gilmer County and our lack of coverage.

Most of our news coverage is by tips from our readers. So please if we ever miss anything bring it to our attention.


The animal abuse case involved a Gilmer County woman who is facing multiple animal abuse charges.

Dwanetta Martin of Glenville, was charged with three counts of cruelty to animals.

According to Gilmer County Sheriff Deputies three dogs were found in the backyard of the accused with no food or water and animals in poor condition.

The documents noted a choker chain on one of the dogs had allegedly grown into the dog’s neck, and maggots were present.

The Gilmer County Sheriff’s Department is asking if you have any information about any animal abuse in the area, give the office a call at 304.462.7441.

Gilmer County: Five Arrested for Alleged Animal Abuse

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Gilmer County Sheriff’s Department arrested five people on Friday, June 24, 2011 for animal cruelty and abuse.

Kenny Greenleaf, Sara Greenleaf, Diana Wallbrown, Savannah Wallbrown, and Larry Rex Wallbrown, II, were all charged with animal cruelty and littering.

About 65 animals including 6 horses, 11 dogs, 2 rabbits, 23 chickens, and a cockatoo were seized.

They say there were a number of other animals that they couldn’t catch at the time, but have since been able to rescue, including ducks and guinea.

Some animals were tied up, others were caged, and all were underfed.

Sheriff Deputies stated they rarely see a case this bad.

06.25.2011
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GSC Football Player Arrested for Sexual Assault

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A Glenville State College football player – QB is behind bars for sexual assault charges against him allegedly happened on June 17, 2011.

Gabriel Phrophet (Gabe Prophet), 22, was arraigned by Gilmer County Magistrate Carol Wolfe on Thursday, June 23, 2011

A warrant was issued by Magistrate Robert Minigh on Tuesday, June 21, 2011.

He is facing two felonies charges involving sexual assaults of 1st and 2nd degree.

Phrophel was booked at Central regional Jail on June 23, 2011.

Phrophet remains in the Central Regional Jail on $25,000.00 cash or surety bond.

G-otcha™: Two Sentenced in Federal Court - 06.22.11

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Two individuals were sentenced on June 17 - 20, 2011, in United States District Court in Clarksburg before United States District Judge Irene M. Keeley.


United States Attorney William J. Ihlenfeld, II, announced that:


•  RICKY JOE FRASHURE

Age 39, of Linn, West Virginia, was sentenced to 15 months imprisonment to be followed by two years supervised release.

FRASHURE entered a plea of guilty on March 04, 2011, to one count of an Indictment charging him with being a felon in possession of a firearm on October 02, 2008, in Gilmer County, West Virginia.

FRASHURE is currently free on bond and will self-report to a designated federal institution.

The case was prosecuted by Assistant United States Attorney Zelda E. Wesley.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Gilmer County Sheriff’s Department.


•  DONALD EDWARDS

Age 29, an inmate at FCI Gilmer, was sentenced to 12 months and one day imprisonment.

EDWARDS entered a plea of guilty on June 17, 2011, to one count of Information charging him with striking a Correctional Officer in the forehead while officers were attempting to restrain him on August 02, 2009.

The case was prosecuted by Assistant United States Attorney Brandon S. Flower.

The case was investigated by the Federal Bureau of Investigation and Special Investigative Services at FCI Gilmer.

ATTENTION:  July 2011 Petit/Magistrate Jurors

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The following persons have NOT returned their jury questionnaires for the upcoming July 2011 term of Circuit Court:


•  MONICA BAME

•  MILLIE BEALL

•  MICHAEL DEAN BILL

•  DEBRA LYNN BUSH

•  BEVERLY DIANNE BUTLER

•  WAYNE FRESHOUR

•  DAVID JORDAN

•  THERESE MARKS

•  RANDY MAXWELL

•  JAIME S. McCUMBERS

•  BRITTANY McHENRY

•  JUSTINE VICTORIA McLAURIN

•  LOWELL GENE McNEMAR

•  DANA M. POLIVKA

•  JESSICA POUNDS

•  FAITH ROBINSON

•  COURTNEY SCHOOLCRAFT

•  TYRONE SCOTT SIAS JR.

•  AMBER LEE SMITH

•  GREGORY ALLEN SMITH

•  JAMES H. STOUT

•  MELINDA STUMP

•  DONALD RAY WEAVER

•  MARYA.WHIPKEY


All questionnaires were due within 10 days, and it is absolutely crucial that you return them to my office.

If you have any questions, or know of the whereabouts of any of these persons, please call me at 304.462.7241 between 8:00 am and 4:00 PM.

Karen Elkin
Gilmer County Circuit Clerk

Gilmer County Circuit Court Report – 06.14.11

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On Monday, June 13, 2011 Judge Jack Alsop presided over his regular monthly motion day in Gilmer County.


Four fugitives from justice cases were before the Court, all 4 being represented by Christopher Moffatt of Charleston.
All individuals waived extradition back to their respective states as follows:


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1) Marcus Darnell Mitchell waived to return to Ohio;


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2) Dorian Steven Phillips also waived to return to Ohio;


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3) Juan Manuel Alderete waived to return to New Mexico; and


4) Andrew Mullins waived to return to Pennsylvania.

Authorities in their states have until 4:00 PM Wednesday, June 22, 2011 to pick these individuals up at the Central Regional Jail or they will be released.


Several juvenile reviews were conducted and further hearings were scheduled for Monday, August 08, 2011 at 9:30 AM, Monday, September 12, 2011 at 9:00 AM, Tuesday, July 12, 2011 at 1:00 PM, Monday, July 11, 2011 at 10:00 AM and Tuesday, July 12, 2011 at 1:00 PM.


A habeas corpus petition filed by David Allen Shaffer was before the court.
However, after doing a video conference from Denmar Correctional Center with Shaffer, his attorney Kevin Hughart informed the Court that due to the Judge having amended his sentencing order there were no more issues to address in the petition.
This matter will now be dismissed from the Court’s docket.


State of West Virginia vs. Walter Wallace Adkins Jr.
He was again before the Court on a motion to reduce bond (as well as the home confinement requirement), which the Judge denied and Adkins will be the first trial on Wednesday, July 13, 2011 before the petit jury.


Before Judge Alsop left for the day he performed a wedding.


Judge Alsop will return in July for his term of court.

Another WV County Joins Online Court Records System

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Monongalia County Magistrate Court is the second in West Virginia to begin using a computer system aimed at linking electronic records throughout the state by 2016.

Supreme Court Administrator Steve Canterbury tells the Dominion Post he hopes records will be publicly accessible after magistrate courts in one-third of the 55 counties are on board.

The $15 million Unified Judicial Application will eventually let people search court records from their own computers.

Canterbury says Greenbrier County was the first to use the new system. State officials spent more than two years working out the kinks before expanding to a second county.

He says Monongalia was chosen because it has a larger population and a brisk court docket.

Weston Couple Blames 91 Companies for Lung Cancer Diagnosis

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A Weston couple is suing 91 companies they claim are responsible for a lung cancer diagnosis after breathing in asbestos fibers.

In January 2010, Charles J. Poloka was diagnosed with lung cancer, according to a complaint filed April 26 in Kanawha Circuit Court.

Poloka and his wife, Alicia Poloka, claim the defendants caused the lung cancer by exposing Mr. Poloka to asbestos fibers during his employment career.

The defendants failed to provide Mr. Poloka with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliance, according to the suit.

The Polokas are seeking compensatory and punitive damages. They are being represented by Brian A. Prim.

The case has been assigned to a visiting judge.

The 91 companies named as defendants in the suit are A.O. Smith Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Optical Corporation; Armstrong International, Inc.; Armstrong Pumps, Inc.; Aqua-Chem, Inc.; Atlas Industries, Inc.; Aurora Pump Company; Beazer East, Inc.; Cashco, Inc.; Catalytic Construction Company; CBS Corporation; Champlain Cable Corporation; Columbus McKinnon; Crane Co.; Crown Cork & Seal Company; Dezurik, Inc.; Dravo Corporation; Durametallic Corporation; Eaton Corporation; Eichleay Corporation; F.B. Wright Company; Fairmont Supply; Flowserve U.S., Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Corporation; General Electric Company; Gentex Corporation; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell Corporation; Hedman Resources Limited; Honeywell, Inc.; Hunter Sales Corporation; IMO Industries, Inc.; I.U. North America, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; Insul Company, Inc.; ITT Corporation; J.M. Foster, Inc.; Jarden Consumer Solutions; Joy Technologies; M.S. Jacobs & Associates, Inc.; Mallinckrodt Group, Inc.; McCann Shields Paint Company; McCarls, Inc.; McJunkin Red Man Corporation; Met-Pro Corporation; Metropolitan Life Insurance Company; Milwaukee Valve Company; Mine Safety Appliance Company; Minnotte Contracting Corporation; Morgan Engineering; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pennsylvania Sn, Inc.; Plotkin Brothers Supply, LLP; Powell Valve Company; Power Piping; Premier Refractories, Inc.; Reading Crane & Engineering Co.; Riley Stoker Corporation; Safety First Industries, Inc.; Saint-Gobain Abrasives, Inc.; Sealite, Inc.; Seco/Warwick; Spirax Sarco, Inc.; Square D Company; Stockham Valves & Fittings; Sunbeam Products, Inc.; Tasco Insulation, Inc.; the Sager Corporation; Thiem Corporation; Treco Construction Services, Inc.; Tyco Flow Control Company, LLC; UB West Virginia, Inc.; Unifrax Corporation; Union Carbide Corporation; Vimasco Corporation; Washington Group International; Whiting Corporation; Yarway Corporation; and Zurn Industries.

Kanawha Circuit Court case number: 11-C-670

~~  By Kyla Asbury - WV Record ~~

Gilmer County Circuit Court Report – 05.23.11

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•  On Wednesday, May 18, 2011 Judge Alsop presided over 2 juvenile cases, one of which was rescheduled for Friday, July 08, 2011 at 9:00 AM.


On Monday, May 23, 2011, Chief Judge Richard A. Facemire presided over a 3 page docket as follows:


•  Two fugitives from justice (both represented by R. Russell Stobbs of Weston waived extradition back to their respective states.
Wayne Hill waived to return to Kansas and John Norris waived to go back to Ohio.
Authorities have until 4:00 PM on Tuesday, May 31, 2011 to pick them up or Central Regional Jail will release them.


•  Several juvenile cases were heard and rescheduled for Monday, August 22, 2011 at 9:00, 9:10, 9:15, 9:20 and 9:30 AM.


•  A civil case regarding a sale of property was heard and funds will be placed in escrow pending final report of the attorney.


•  The case of State of West Virginia vs. James Lee Shields was continued to the July term of Court.


•  State of West Virginia vs. Shannon Marks
She was before the Court for sentencing.
Judge Facemire sentenced her to 1-5 in the penitentiary, with sentence being suspended and she was placed on 5-years’ probation.
She received NO fine but must pay court costs and attorney fees within 18 months.
She was represented by Christina Flanigan of Buckhannon.


•  State of West Virginia vs. Brian Hardesty
He was sentenced to 1-10 in the penitentiary with his sentence being suspended and he was granted 5 years’ probation.
He must pay court costs within 18 months and restitution within 3 years, and must pay a minimum of $50.00 per month by the 5th of every month.
He also must perform 100 hours of community service per year he is on probation.
He was represented by R. Russell Stobbs of Weston.


•  One individual who was convicted as a juvenile, but who is now 18 years of age, received a 6 month sentence in Central Regional Jail and fined $ 100.00 plus court costs.
He was represented by T.J. Drake of Gassaway.


•  The civil case of Gregory Davis vs. Timothy B. Butcher, et al was before the Court on a motion to dismiss, and after arguing his case the Judge granted Tim Butcher’s motion and dismissed the case without prejudice.

•  State of West Virginia vs. Jimmy R. Stump
He saw his case dismissed without prejudice by the prosecuting attorney.
He was represented by R. Russell Stobbs.


•  A 2008 magistrate case was before the Court to determine the competency of the defendant.
The prosecutor agreed to dismiss the charges in magistrate court and if necessary proceed to filing a mental petition against defendant.


•  State of West Virginia vs. Walter Wallace Adkins Jr.
He had motions heard in his case and Judge Facemire set his trial for Tuesday, May 31, 2011.
All March term petit jurors will need to report for trial.
He is represented by Christina Flanigan.

Gilmer County Family Court Report – 05.20.11

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On Friday, May 20, 2011 Family Court Judge heard several cases as follows:


•  One contempt case will be rescheduled because not enough time was allowed for it, and one contempt was granted.


•  A preliminary hearing was held in a divorce case, one divorce case was dismissed, one allocation case will be rescheduled.


•  One divorce was granted: Roy C. Crouse (35 ) of Weston, WV divorced Mary Rose Ellen Crouse (27 ) of Linn, WV.

Daily G-Eye™ : 05.15.11

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Gilmer County Courthouse - Primary Election 2011 - 05.14.11


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Gilmer County Circuit Court Report - 05.09.11

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Judge Jack Alsop presided over his regular monthly motion day on Monday, May 09, 2011 and heard 5 juvenile reviews.

•  One was scheduled for further review on Monday, August 08, 2011 at 9:00 AM.

•  One on Monday, August 08, 2011 at 9:15 AM.

•  One on Monday, June 13, 2011 at 10:00 AM.

•  One was dismissed.

•  One was reset for Thursday, July 07, 2011 at 1:00 PM.

Gilmer County Family Court Report - 05.06.11

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On Friday, May 06, 2011 Family Court Judge Larry Whited presided over a 2 page docket in Gilmer County.


•  One divorce was granted:

Lisa Ullom (55) of Cox’s Mills Divorced Kim Ullom (56) of Glenville on 05.06.11


•  A temporary relief hearing was scheduled, but neither defendant nor his counsel appeared.


•  Temporary orders were entered in 9 cases with final orders to be entered at a later date.

G-OB™: NOW TAKING APPLICATIONS - Litter Control and Cleanup Supervisor 05.05.11

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The Gilmer County Commission is now accepting application for a part-time litter control and cleanup supervisor.

Supervisory experience is needed.

This position requires physical activity.

$12.50 per hour.

Submit your application to the office of the Gilmer County Clerk at 10 Howard Street, Glenville, WV 26351 on or before May 13, 2011 at 4:00 PM.

Jean Butcher
Gilmer County Clerk

Gilmer County Circuit Court Report - 05.02.11

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Judge Facemire heard several cases in Gilmer County on Friday, April 29, 2011 as follows:


One fugitive from justice case was dismissed without hearing because authorities in Indiana no longer wanted a detainer for him.


Two other fugitives from justice waived extradition to their states, namely Marquette Edwards waived back to Virginia and Kamar Boatman waived extradition back to New York.
Authorities have until 4:00 PM Wednesday, May 11, 2011 to pick the defendants up or Central Regional Jail will release them.
Both men were represented by Clinton Bischoff of Summersville.


State of West Virginia vs. Shanna Johnson
She pled to 1 count of forgery and 1 count of uttering with the prosecutor dismissing 2 other counts of the indictment.
Her sentencing will be on Monday, June 27, 2011 at 11:00 AM.
She was represented by Clinton Bischoff of Summersville.


State of West Virginia vs. Roseann Shelton
She failed to appear for her pretrial hearing and the Judge suspended her bond and issued a bench warrant for her arrest and set bond at $200,000.00 cash.
The Clerk issued the warrant to the state police for service upon her.
Later in the morning Shelton’s mother called and said her father had fallen and was being taken to the hospital and that was why Roseann had not appeared.
She was represented by David Karickhoff of Sutton.


State of West Virginia vs.  Billy Tomblin
He was before the Court for revocation of his probation which he pled no contest to.
The Judge denied him alternative sentencing, and stated he was troubled about this case and would not give Tomblin a second chance.
Tomblin had seen 3 felonies dismissed against him and he was allowed to plead to a misdemeanor charge and received probation.
Judge Facemire sentenced him to 1 year in Central Regional Jail.
He was also represented by David Karickhoff of Sutton.


State of West Virginia vs. Laura LeFever
She was before the Court for a suppression hearing and after testimony by the investigating officer R.P. Smith.
Her trial remains set for Tuesday, May 24, 2011.

Braxton County Man Admits to Sex Crime against Step Granddaughter

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A Braxton County man admits to molesting his then 8-year-old step granddaughter in Kanawha County.

William Rollyson plead guilty to one count of sexual abuse.

He faces up to five years in prison when he sentenced in July.

Rollyson—talking about the 2007 attack in Kirby hollow—said he was tired of coming to the courthouse after 4 years and wanted to plead guilty.

~~  WCHS  ~~

Gilmer County Circuit Court Report - 04.26.11

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Chief Judge Richard A. Facemire presided over his regular monthly motion day on Monday, April 25, 2011, with a full docket.


•  One fugitive from justice Rafael Martinez was wanted by the state of Maryland.
He waived extradition back to Maryland and was represented by Christina Flanigan of Buckhannon.
Authorities have until 4:00 PM on Wednesday, May 04, 2011 to pick him up at Central Regional Jail or he will be released.


•  Several juvenile reviews were held and further hearings rescheduled as follows: Hearings on Wednesday, August 10, 2011 will be at 9:00, 9:10, 9:20 and 9:30 AM.

•  One juvenile case was dismissed.

•  One infant guardianship was granted.

•  Another juvenile case will be heard on Monday, May 23, 2011 at 11:15 AM.

•  Another will be heard on Thursday, July 07, 2011 at 9:00 AM.


•  State of West Virginia vs. Joran Biscombe
He was before the Court for a pre-trial.
He had been represented by Kevin Hughart (court appointed attorney) but had recently retained his own attorney, Timothy Gentilozzi, and neither he nor his new attorney appeared.
Judge Facemire had the clerk Issue a warrant for Biscombe’s immediate arrest and forfeited his bond.
However, by the end of the day Biscombe and his new attorney appeared in Court.
Judge Facemire set aside the warrant and readmitted him to the bond heretofore posted.
His trial is still scheduled for Tuesday, May 17, 2011 at 9:00 AM.


•  State of West Virginia vs. Mark Taylor
He was before the Court for reduction of bond.
Judge Facemire reduced his bond to $10,000.00 good and sufficient surety to be approved by the Clerk.
Taylor is represented by Daniel Grindo of Gassaway and remains in Central Regional Jail.


•  State of West Virginia vs. Richard Lee Siers
He was before the court for pretrial.
He is represented by David Karickhoff of Sutton, who is still awaiting the psychological report.
Siers trial is set for Tuesday, May 24, 2011 at 9:00 AM.


•  State of West Virginia vs. Yarica Jackson (represented by Kevin Hughart of Sissonville)
and
•  State of West Virginia vs. Mary Ann Starcher (represented by Christina Flanigan)
Both entered guilty pleas to 6 counts of their 81 count indictment.
Each pled to 5 counts of child abuse resulting in injury and 1 count of conspiracy.
Other counts in their indictments will be dismissed by the prosecutor.
They will be sentenced on Monday, June 27, 2011 at 9:30 AM.


•  State of West Virginia vs. Danny Reaser
He entered a plea to failure to register as a sex offender.
He was represented by Kevin Hughart.
He will also be sentenced on Monday, June 27, 2011 at 9:30 AM.


•  State of West Virginia vs. James Roberson
He entered a plea to manufacturing a schedule I controlled substance with all other counts of his indictment to be dismissed by the prosecutor, who will also recommend probation at sentencing which will occur on Monday, June 27, 2011 at 9:30 AM.
He was represented by Kevin Hughart.


•  State of West Virginia vs. Kenneth McCord
He was before the Court for a pretrial.
However, he asked that his trial be continued to the July, 2011 term of Court.
He was represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Laura LeFever
He was scheduled for a suppression hearing.
However, her attorney forgot to notify her of the date and time.
Her hearing was rescheduled for Friday, April 29, 2011.
She was also represented by David Karickhoff.


•  State of West Virginia vs. Florence Parker
She pled guilty to 3 counts of embezzlement and the prosecutor will dismiss the remaining counts.
She waived a presentence investigation and the Judge proceeded to sentence her.
She received 10 years in the penitentiary on each count, but her sentence was suspended and she was placed on 5 years’ probation.
She paid $3248.87 restitution (which the Clerk will pay to Calhoun Banks) and she must also pay court costs.
She was represented by T.J. Drake of Sutton.


•  A civil case was rescheduled for Monday, May 23, 2011 at 11:30 AM.


•  Two jury trials were scheduled for Tuesday, April 26, 2011.
But both defendants pled instead.
Jurors reported and were excused.
They must call the recording in the Clerk’s office on Monday, May 09, 2011 regarding a Tuesday, May 10, 2011 trial scheduled at this time.


•  Angel M. Hart entered a “no contest” Kennedy plea to conspiracy and the prosecutor dismissed the other count of her indictment as well as a battery charge pending in Magistrate Court against her.
She was represented by R. Russell Stobbs of Weston and will be sentenced at 10:00 AM on Monday, June 27, 2011.


•  Jimmy Sandy pled guilty to manufacturing a Schedule I control substance and saw the other count of his indictment dismissed as well as a domestic battery charge pending against him in Magistrate Court.
He was represented by Christopher Moffett of Charleston and will also be sentenced on Monday, June 27, 2011 at 10:30 AM.


Judge Facemire will be back in Court on Friday, April 29, 2011 for further hearings.

Daily G-Eye : 04.25.11

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New Security Cameras at Gilmer County Courthouse, Glenville, WV - 04.23.11


Submit photos for this daily feature. You may select to have your name listed as well.
Send your photo(s) to “tellus@gilmerfreepress.net”

Gilmer County Board of Education Meeting Monday - 04.25.11

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The next meeting of Gilmer County Board of Education is on Monday, April 25, 2011 at 7:00 PM.

Meeting is held at Gilmer County High School Library.

Gilmer County Circuit Court Report - 04.11.11

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On Monday, April 11, 2011,  Judge Jack Alsop presided over his regular monthly motion day in Gilmer County.


•  One fugitive from justice case was heard wherein William Smarr waived extradition back to the state of Texas.
There are pending charges in Gilmer County Magistrate Court which the prosecuting attorney stated would be taken care of this Thursday and then authorities from Texas may pick him up.
Smarr’s bond was set at $75,000.00.
He was represented by Daniel Grindo of Sutton.


•  One juvenile case was heard and set for further review on Monday, June 13, 2011 at 9:30 AM

•  Another juvenile case was heard and set for further review on Monday, July 11, 2011 at 9:00 AM

•  Another juvenile case was heard and set for further review on Monday, June 13, 2011 at 9:45 AM.

•  A fourth juvenile case was before the Court and set for a bench trial on Wednesday, May 18, 2011 at 1:30 PM.


•  State of West Virginia vs. Cecil Smallwood
The case was before the Court for sentencing upon his former plea of guilty to 1 misdemeanor and 1 felony count.
He was sentenced to 6 months in Central Regional Jail and 1-3 years in the penitentiary, sentences to be served consecutively.
He was also fined $3,000.00.
He was represented by Daniel Grindo.


•  Also before the Court for sentencing and represented by Daniel Grindo was Michael J. Marks.
He was sentenced to 1-5 and 1-15 in the penitentiary upon his former plea to 2 felonies, with his sentences to run consecutively also.

Gilmer County Family Court Report - 04.11.11

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Family Court Judge Larry Whited held Court in Gilmer County on Friday, April 08, 2011.

Divorces were granted as follows:


•  James Beasley (43) of Troy, WV Divorced Sommer Beasley (age unknown) of Park Hill, SC on 04.08.11


•  Richard Bonnett (41) of Weston, WV Divorced Debra Bonnett (46) of Exchange, WV on 04.08.11


•  One modification petition was dismissed and subsequently re-filed by opposing party.


•  One allocation petition will be rescheduled at a later date after meeting with the case coordinator.


•  Another allocation petition was dismissed.

G-FYI™: Trial Scheduled for Previous Gilmer County Clerk’s Wrongdoing

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According to the document below a trial is scheduled for Tuesday, October 25, 2011 at 8:30 AM in the United Stated Federal Court in Clarksburg, WV.


The trial is for the Civil Action No. 1:10CV39:


TEXTRON FINANCIAL CORPORATION, Plaintiff,

vs.

NEW HORIZON HOME SALES, INC., a West Virginia corporation,

GILMER HOUSING PARTNERS, LLC, a West Virginia limited liability company,

and SUMMIT COMMUNITY BANK, a West Virginia corporation, Defendants,


and


SUMMIT COMMUNITY BANK, a West Virginia corporation, Third-Party Plaintiff,

vs.

JACK D. JONES

And OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF GILMER COUNTY, WEST VIRGINIA, Third-Party Defendants.


Click BELOW for a Printable Copy of the Court Documents:

Court Document # 1

Court Document # 2

Court Document # 3

 

04.12.2011
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Gilmer County Family Court Report – 04.04.11

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•  Donna Murphy (35) of Sand Fork divorced Christopher Murphy (37) of Sand Fork on 03.16.2011


Family Court Judge Larry Whited appeared in Gilmer County on Wednesday, March 30, 2011 and presided over his domestic violence docket.


•  Two domestics were dismissed and one was granted.


On Friday, April 01, 2011 he presided over a 2 page docket.


•  Jennifer Pettit (33) of Weston divorced on Richard Duane Pettit (41) of Orlando on 04.01.2011.


•  Kendra Singleton (36) of Bumsville divorced Rodney Singleton (32) of Glenville on 04.01.2011.


•  Judge Whited dismissed a domestic violence petition.


•  He entered temporary orders in 3 child support cases.


•  He also entered a genetic testing order in a child support case.


•  Jamie McKay divorced Dennis McKay on 04.04.2011


•  A contempt petition was dismissed and a modification petition was dismissed.

Minnie Hamilton and Several Other State Clinics Argue for Better Medicaid Pay Rates

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A federal judge heard arguments Friday on a motion in a lawsuit by eight West Virginia community health centers seeking what they describe as the proper Medicaid reimbursements outlined by federal law.

U.S. District Judge Thomas Johnston didn’t immediately rule on the plaintiffs’ motion for a preliminary injunction against the state Department of Health and Human Resources and its Bureau for Medical Services.

The lawsuit claims the bureau has failed to follow both federal law and its own state plan for reimbursing providers under Medicaid. Many of the health centers have had to freeze wages and forgo expansion plans and could risk being forced out of business unless they’re properly paid, the lawsuit said.

The state wants the lawsuit dismissed. Lawyers for both sides painted contrasting views about progress on reaching a possible settlement. Community health centers have been attempting to improve reimbursement rates since 2000.

“We’ve been trying to work this out for years,“ said Edward Waters, an attorney for the plaintiffs.

Mary McQuain, an assistant state attorney general, told Johnston the health centers have many other sources of income such as government and private grants, Medicare payments and the Childrens Health Insurance Program.

“They’re like the orphans in the Dickens’ novel,“ McQuain said. “They want more, more.“

Instead, McQuain said it’s the state that will suffer irreparable harm if Johnston grants the motion.

Another option would be an administrative appeals process, but “to our knowledge, none of the health centers have asked,“ McQuain said. “The remedy sought by the plaintiffs ... is contrary to the state plan. The plaintiffs have not demonstrated the actual harm.“

The plaintiffs are E.A. Hawse Health Center in Baker; New River Health Association in Scarbro; Cabin Creek Health Systems in Dawes; FamilyCare HealthCenter in Scott Depot; Minnie Hamilton Health Care in Grantsville; Rainelle Medical Center; Shenandoah Valley Medical Systems in Martinsburg; and Valley Health Systems of Huntington.

In all, the facilities handled about 550,000 patient visits last year, offering medical, dental and behavioral health care. On average, about 28 percent of those patients are covered by Medicaid, but at some centers, the figure was 35 percent or more.

Medicaid is a federal-state program that provides health care to low-income families with children, the blind and disabled, the needy and the elderly. About 346,600 West Virginians are covered. The state receives a federal match for every dollar it provides to Medicaid expenses.

Gilmer County Circuit Court Report - 03.29.11

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Chief Judge Richard A. Facemire presided over a busy motion day on Monday, March 28, 2011 in Gilmer County Circuit Court.


•  Matthew Spratley, a fugitive from justice from the state of VA, waived extradition.
He was represented by TJ. Drake of Sutton.
Authorities in Virginia have until 4:00 PM on Wednesday, April 06, 2011 to pick him up at Central Regional Jail or he will be released.


•  A scheduling order was entered in the civil case involving Ryan Fieler vs. Gregory Smith. Mediation must be completed by Wednesday, August 31, 2011 and Michael John Aloi was appointed to act as mediator.
The pre-trial hearing will be Monday, September 26, 2011 at 9;00 AM with the trial commencing on Tuesday, October 25, 2011 at 9:00 AM.


•  One juvenile matter was taken up.


•  State of WV vs. Florence Parker
She will enter a plea on Monday, April 25, 2011 at 2:00 PM.
She is represented by TJ. Drake.


•  State of WV vs. Billy Tomblin
He was before the Court for revocation of his probation.
However, the petition must be amended.
He was represented by David Karickhoff of Sutton and further hearing will be held in this matter on Friday, April 29, 2011 at 2:00 PM.


•  State of WV vs. Shanna Johnson
She had a status conference in her case.
She will enter a plea on Friday, April 29, 2011 at 9:00 AM.
She is represented by Clinton Bischoff of Summersville.


•  State of WV vs. Walter Wallace Adkins Jr.
He was before the Court asking for a modification to the conditions of his bond.
However, Judge Facemire denied the same and he remains in jail with his trial being third on Tuesday, May 17, 2011.
He is represented by Christina Flanigan of Buckhannon.


•  State of WV vs. Jackie Belknap II
He was also before the Court for a probation revocation.
After taking testimony he was resentenced to 1 -3 in the penitentiary, with sentence suspended and he was readmitted to 5 years probation.
He must pay for his “alcohol bracelet”, pay court costs within 18 months of his release, perform 100 hours community service per year of probation, and attend AA/NA meetings.
He was also represented by Christina Flanigan.


•  State of WV vs. Brian Hardesty
He pled guilty to one count of grand larceny.
He was represented by R. Russell Stobbs of Weston, and will be sentenced on Monday, May 23, 2011 at 11:10 AM.


•  State of WV vs. Telerra Lowry
She pled guilty to conspiracy and will be sentenced on Monday, May 23, 2011 at 10:30 AM.
She was represented by Daniel Grindo of Gassaway.


•  State of WV vs. Shannon Marks
She pled guilty to conspiracy and will be sentenced on Monday, May 23, 2011 at 10:50 AM.
She was represented by Christina Flanigan.


•  State of WV vs. Roseann Shelton
She was before the Court for a plea,
However, the Judge denied the plea bargain agreement and stated it was not in the effective administration of justice.
She is now scheduled for the fourth trial on Tuesday, May 17, 2011.
She will have a pre-trial hearing on Friday, April 29, 2011 at 9;00 AM.
She was represented by David Karickhoff.


•  A scheduling order was entered in the case of Frances Frame vs. John Frame et al.
Pre-trial conference will be held on Monday, August 22, 2011 at 10:00 AM.
Trial is set for Wednesday, September 07, 2011.
Mediation must be completed by Friday, August 12, 2011.
Michael John Aloi was once again appointed as mediator.


•  A large crowd was in attendance for the final hearing of the day between Eddie Anderson et al vs. Gilmer County Board of Education et al.
Attorneys for both sides argued their case, although no testimony was taken.
The Judge ordered both attorneys to file findings of facts and conclusions of law by Monday, April 11, 2011 and then he will make his ruling in the case.

03.30.2011
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Federal Judge: Feds Wrongly Delisted WV Flying Squirrel

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A federal judge in Washington, D.C., has overturned the Interior Department’s decision to remove the West Virginia northern flying squirrel from the endangered species list.

The Charleston Gazette first reported last Friday’s ruling by U.S. District Judge Emmet G. Sullivan.

Five environmental groups sued to restore the animal’s protected status in 2009.

They argued the U.S. Fish and Wildlife Service failed to follow its own rules in recommending the delisting of the squirrel that’s found only in higher elevation forests of West Virginia and Virginia.

Sullivan agreed, saying the agency wrongly ignored two unambiguous rules.

The agency argued it was complying with the intent of rules that had become outdated.

But the judge says ignoring them effectively changed the federal recovery plan for the species without the required public-input process.

CommunityConcerns™: Federal Court Rules on Land Dispute Lawsuit for River’s View Project

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Introduction:                     

Information regarding the lawsuit was originally reported by the Gilmer Free Press on November 18, 2010.  Allegations of misconduct involving deeds and titles were reported at the Gilmer County Clerk’s office under previous Gilmer County Clerk Beverly Marks.  At the request of two local attorneys, the Previous County Clerk kept the public in the dark by not disclosing public transactions.

Click to View the Report


11.29.2010: Then we reported the 47 legal documents submitted to the Federal Court.

Click to View the Report


12.02.2010: Another well written report involving the law suit was published on December 02, 2010 by West Virginia’s Legal Journal known as the West Virginia Record and was also presented on the Gilmer Free Press. A Virginia based financial institution alleges the Gilmer County Clerk’s office did not follow state law when it failed to list all the debtors in a 2008 financial statement.

Click to View the Report


Citizens interested in the suit can access the aforementioned sources for comprehensive information by clicking above for each report.


Background:

Essentially, the Textron Corporation (TFC) sued Horizon, the Gilmer Housing Partners (GHP), and others including the Office of the Gilmer County Clerk.

Reportedly, Terry Butcher and Timothy Butcher are designated as trustees for the GHP and Dr. Peter Barr is its president. Terry Butcher was on Glenville State College’s Board of Governors when the River’s View project was initiated and Timothy Butcher replaced him through an appointment by Governor Manchin.


United States Federal Court Ruling:

On March 15, 2011 Federal Judge Fredrick P. Stamp, Jr. ruled on the Federal case.

He ruled that TFC is awarded $270,166.77 in damages and post-judgment interest on an amount to be determined later.

Horizon was also ordered to surrender possession of designated assets immediately to the TFC, and it was stated in the ruling that TFC’s attorney’s fees must be paid.

Although the Office of the Clerk of Gilmer County had filed a motion of dismissal, Judge Stamp denied that motion.

Click to View the Federal Judge Fredrick P. Stamp, Jr.‘s Opinion


The following unanswered questions remain for the mystery:

•  What happens pursuant to the Court’s rulings regarding alleged irregularities at the Office of the Clerk of Gilmer County?

•  What are the legal ramifications of the Judge’s ruling for individuals who purchased property at the Gilmer Housing Partners development?

•  Why did Terry Butcher and Timothy Butcher who have more than 40 years of accumulative professional experience as lawyers fail to guard against legal problems in their roles as trustees for the Gilmer Housing Partners ?

•  What are the legal ramifications of the Judge’s ruling for the Gilmer Housing Partners ? Based on optimistic goals by the GHP not to be met, the River’s View project is seemingly an example of an entrepreneurial failure in the County.


As it is the Gilmer Free Press’ standard policy, parties to the lawsuit are invited to respond to this piece.

The Gilmer Free Press in an attempt to keep the public informed always strives for accuracy by affording parties on both sides of the issue the opportunity to set the record straight.

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Jack Jones - New Horizon

Four Inmates at FCI Gilmer Sentenced

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our inmates at FCI Gilmer were sentenced on March 07 and 10, 2011, in United States District Court in Clarksburg by Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld, II, announced that TOMA BATES, age 37, was sentenced to 36 months imprisonment to run consecutive to his current sentence; and ODELL GLASS, age 28, JAMES JENKINS, age 29, and DONELLE KIRLEW, age 26, were each sentenced to 24 months imprisonment to run consecutive to their current sentences.

On September 30, 2009, inmates BATES, GLASS, JENKINS, and KIRLEW participated in a protest at FCI Gilmer and refused to return to their cells when ordered.

When staff attempted to restrain them, the four aggressively charged staff and assaulted them.

Inmates BATES and JENKINS caused injury to two staff members.

The case was prosecuted by Assistant United States Attorney Brandon S. Flower.

The case was investigated by the Federal Bureau of Investigation and the Special Investigative Services Unit at FCI Gilmer.

Gilmer County Circuit Court Report - 03.15.11

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On Friday, March 11, 2011 arraignments and docket call were held in Circuit Court with Chief Judge Richard A. Facemire presiding.

•  State of WV vs. Heather Black
Black appeared with her court appointed attorney Christopher Moffatt from Charleston.
She entered a not guilty plea and had her case continued to July 2011 term.
The $50,000.00 bond set in her case will also cover the obstructing charge she is facing in Magistrate Court, if she posts bond.


•  State of WV vs. Felix Aviles Jr.
He appeared represented by David Karickhoff of Sutton and entered a not guilty plea.
He also had his case continued to the July 2011 term of Court.


•  State of WV vs. Jerry Dwane Duelley II
He appeared represented by David Karickoff of Sutton (who was standing in for attorney Daniel Grindo who could not be present).
Duelley entered a not guilty plea and had his case continued until the July 2011 term of Court.


•  State of WV vs. Mark Alan Taylor
Taylor appeared represented by David Karickhoff (for Daniel Grindo) and entered a not guilty plea.
He has a trial set for Tuesday, May 17, 2011.


•  State of WV vs. Jaron M. Biscombe
He appeared represented by Kevin Hughart of Sissonville.
He entered a not guilty plea and has a pre-trial hearing on Monday, April 25, 2011 at 10:45 AM and trial on Tuesday, May 17, 2011.


•  State of WV vs. Richard Lee Siers
He appeared represented by David Karickhoff of Sutton.
He entered a not guilty plea also.
Bond remains at $100,000.00 and pre-trial is set for Monday, April 25, 2011 at 11:15 AM and trial for Tuesday, May 24, 2011.


•  State of WV vs. Florence M. Parker
She did not appear for arraignment, despite a summons being issued by the Circuit Clerk for Braxton County to serve on her.
She is represented by T.J. Drake of Sutton and her arraignment was continued to Monday, March 28, 2011 at 9:45 AM, and a new summons was directed to the Sheriff of Braxton County to attempt to serve her again.


•  State of WV vs. Yarica Kentora Jackson
She appeared and was represented by Kevin Hughart.
She entered a not guilty plea.  However, she is now scheduled to enter a plea on Monday, April 25, 2011 at 11:30 AM.


•  State of WV vs. Mary Ann Starcher
She appeared and was represented by Christina Flanigan of Buckhannon.
She also entered a not guilty plea, but is now scheduled to enter a plea on Monday, April 25, 25 2011 at 11:30 AM.


•  State of WV vs. Christopher McVaney
He appeared and entered a not guilty plea.
He is represented by R. Russell Stobbs of Weston.
He posted $5,000.00 bond and continued his case until July 2011 term.
Special Prosecutor Kelly McLaughlin of Braxton County is prosecuting this case.


•  State of WV vs. Jackie D. Belknap II
She appeared and his probation revocation is now scheduled for Monday, March 28, 2011 at 10:15 AM.
He is represented by Christina Flanigan.


•  State of WV vs. Kevin Curry
He had his bond reduced to $40,000.00 (good and sufficient surety to be approved by the Circuit Clerk).
His trial is scheduled for Tuesday, April 19, 2011, and he is represented by Christina Flanigan.


•  State of WV vs. James Roberson
He will enter a plea on Monday, April 25, 2011 at 11:30 AM.
He is represented by Kevin Hughart.


•  State of WV vs. Angel Hart
She will have a jury trial on Tuesday, April 26, 2011.
She is represented by R. Russell Stobbs.


•  State of WV vs. Jimmy Sandy
He is the 2nd trial on Tuesday, April 26, 2011.
He is represented by Christopher Moffatt.


•  State of WV vs. Brian Hardesty
He is set for plea on Monday, March 28, 2011 at 10:30 AM.
He is represented by R. Russell Stobbs.


•  State of WV vs. Jimmy Stump
He has a Tuesday, May 10, 2011 trial date.
He is also represented by Russell Stobbs.


•  State of WV vs. Telerra Lowry
Who is represented by Daniel Grindo of Gassaway will enter a plea on Monday, March 28, 2011 at 10:30 AM.


•  State of WV vs. Roseann Shelton
She is represented by David Karickhoff and will enter a plea on Monday, March 28, 2011 at 10:30 AM.


•  State of WV vs. Kenneth McCord
He is represented by David Karickhoff and will be the second trial on Tuesday, May 10, 2011.


•  State of WV vs. Stephanie Smarr
He is represented by Christina Flanigan and will be the third trial on Tuesday, May 10, 2011.


•  State of WV vs. Shanna Johnson
She failed to appear for docket call
If she had not appeared by Noon on Tueday, March 15, 2011, the Clerk was directed to issue a capais for her.
However, her attorney appeared and informed the Court that she is lodged at Lakin Correctional Facility.
Thereupon a status conference (with her appearing by video conference) will be held on Monday, March 28, 2011 at 10:00 AM.
She is represented by William Lester of Charleston.


•  State of WV vs. Laura LaFever
She is represented by David Karickhoff and will be the 2nd trial on Tuesday, May 24, 2011.


•  State of WV vs. Shannon Marks
Who is represented by Christina Flanigan will enter a plea at 10:45 AM on Monday, March 28, 2011.


•  State of WV vs. Danny Reaser
He is represented by Kevin Hughart, and will enter a plea at 11:30 AM on Monday, April 25, 2011.


•  State of WV vs. Walter Wallace Adkins Jr.
This will go to trial on Tuesday, May 17, 2011.
He is represented by Christina Flanigan.

•  State of WV vs. James Shields
It is set for trial on Tuesday, May 10, 2011.
He is represented by Christopher Moffatt.


•  One juvenile case was heard and set for review at 10:15 AM on Monday, May 23, 2011.


Chief Judge Richard A. Facemire also appeared in Gilmer County on Tuesday, March 15, 2011 and indoctrinated the petit/magistrate jurors.
The Clerk provided each juror with a letter and instructions to call the recording regarding scheduled trials which are set in April and May at this time.


•  Judge Facemire also heard 3 domestic violence cases due to the illness of Family Court Judge Larry Whited.


•  He also heard a Braxton County case before returning to Sutton.

Judge Alsop held his regular motion day on Monday, March 14, 2011.


•  State of WV vs. Dustin Chad Reed
The case was before the Court for reconsideration of his sentence, which Judge Alsop denied.
He was represented by Keisha May of Charleston.


•  One juvenile was heard and set for further review on Monday, June 13, 2011 at 9:15AM.

•  Another juvenile was heard and set for status review on Monday, April 11, 2011 at 9:45 AM.

•  A third juvenile was heard and set for review on Monday, April 11, 2011 at 10:00 AM.

•  A fourth juvenile was heard and set for review on Monday, April 11, 2011 at 10:15 AM.

•  A fifth juvenile was heard and set for review on Monday, May 09, 2011 at 9:30 AM.

•  A sixth juvenile was heard and dismissed.


•  State of WV vs. James McCune
He was before the Court for sentencing.
He was sentenced to not less than 1 nor more than 5 years in the penitentiary, with sentence suspended and placed on home confinement.
He must pay the home confinement fees, perform 250 hours of community service for each year of home confinement (1-5) and he is allowed to attend 1 church service per week and go to doctor’s appointments only.
He was represented by Christopher Moffatt of Charleston.


•  Arnold Drew Moody Vs. Seneca Trustees Inc.
The case was before the Court for temporary injunction, which the Court denied and the sale will proceed at the front door of the Court House on Wednesday, March 16, 2011.


•  State of WV vs. Kevin Curry
The case was before the Court for the bonding company to show cause why the bond they had posted for Mr. Curry should not be forfeited.
After testimony from Ben Morgan of AAA Bonding, and he having apprehended Mr. Curry and lodging him in the Central Regional Jail, upon Judge Alsop researching the law he did not forfeit the bond.

Court Rules in Favor of Rich Rod in Home Sale Case

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A Monongalia Circuit Court has granted partial summary judgment to former West Virginia University and University of Michigan football coach Rich Rodriguez after a Weirton attorney sued him over problems with the purchase of the coach’s Morgantown home.

The court, in a six-page order entered March 04, denied attorney Raymond A. Hinerman Sr.‘s motion for partial summary judgment.

Hinerman and his wife, Barbara, filed the lawsuit December 27 against Richard and Rita Rodriguez.

In their complaint, the Hinermans said they signed a purchase agreement for the home located in Greystone Estates for $1.3 million and were ready to close on the property on December 20. The sellers asked for that closing to be moved to December 22, and the buyers agreed.

On December 21, the Realtor for the Rodriguezes advised the Hinermans that a room they previously hadn’t been able to inspect—because it was full of children’s toys and, on one occasion, the door wouldn’t open—had suffered a water leak. On the final inspection on December 22, there were ongoing attempts to dry out the “strong musty smell and obvious water leak.“

The Hinermans said all sales documents including the deed were at the Realtor’s office and ready for the closing when the Rodriguezes’ attorney called “stating that there would be no sale until the buyers signed a document accepting full responsibility for the leak and its consequences.“

The Hinermans refused to sign the document and “demanded the sale proceed and tendered the full purchase price to the Realtor.“ Later, in a phone conversation with the Rodriguezes’ counsel, Hinerman said he was told the sellers “were unilaterally continuing the closing until sometime before December 31, 2010.“

The Hinermans argued that the leak and damages were not their responsibility and that the Rodriguezes should fix it. The Rodriguezes refused, and the closing had not been reset at the time of the filing on December 27.

The Hinermans said the Rodriguezes were creating an anticipatory breach of contract. They also said the Rodriguezes were “aware of another buyer willing to pay more than the contracted sale price.“

Also, the Hinermans claimed that a Four Winds boat would be given to them with the purchase of the home. But after signing the purchase agreement, they said the Rodriguezes then said the boat would cost roughly an extra $40,000.

The Hinermans sought to enjoin the Rodriguezes from selling the property to any other persons and to convey it to them for the agreed sale price without any pre-conditions. They also wanted to resolve the issue of who has responsibility for the repair of the leak and its damages. They also wanted a special commissioner appointed to do what sellers are ordered to do should they not immediately do so. And they wanted compensatory and punitive damages as well as other relief including attorney fees, court costs, inconvenience, mental stress and loss of productive time.

On December 30, the Rodriguezes asked the court to dismiss the Hinerman complaint and to deny the motion for injunctive relief. They said the purchase agreement states, “It is understood that this property is being sold ‘as is’ and seller will make no repairs.“

The Rodriguezes said they compromised the sale price to allow a cushion with which the buyers could make repairs if necessary.

The court found that in this case, the Rodriguezes did disclose the defect—the water leak—prior to the Hinermans’ purchase of the propoerty.

“The disclosure gave the Hinermans the contractual option to investigate the defect to determine if they still wanted to purchase the property with their actual knowledge that Paragraph 25 of the Uniform Purchase Agreement excuses the Rodriguezes from repairing the water leak or any other defect,“ the court wrote in its order.

The existence of an “as is” clause in a contract of sale for real estate will not relieve the vendor of his obligation to disclose a condition that substantially affects the value or habitability of the property, if the condition is known to the vendor but not to the purchaser, and would not be disclosed by a reasonable and diligent inspection, the court explained.

“The court finds that while the Rodriguez ‘as is’ contract required a disclosure of the water leak, the disclosure was made,“ it wrote. “Therefore, Hinerman purchasers had actual knowledge of the water leak at issue in the case, and the court further finds that the water leak would have been discovered by the plaintiffs had they initiated a reasonable and diligent inspection of the property after receiving notice of the condition.“

The court said an inspection after the disclosure would have provided the Hinermans the opportunity to withdraw from the purchase of the property had they desired to do so.

“Based on the above findings of fact and conclusions of law and the entire record, the court grants the Rodriguez motion for summary judgment as there are no genuine issues of material fact on the fraud count or the breach of contract count, and the Rodriguezes are entitled to judgment as a matter of law on these two causes of action,“ according to the court order.

However, the court said there were “genuine issues of material fact” on the Four Winds boat sale. The court denied the Rodriguezes’ motion for summary judgment on that issue.

Rodriguez was WVU’s football coach from 2001 to 2007. He led the Mountaineers to the cusp of the national championship game in the 2007 season. A loss to unranked rival Pittsburgh knocked WVU from a chance at the title.

Days after he left WVU, the university took Rodriguez to court over his $4 million buyout clause with the school. In July 2008, the parties settled that suit. Michigan paid $2.5 million of the buyout, and Rodriguez paid the other $1.5 million.

Rodriguez, who was fired in January after coaching at Michigan for three years, led the Wolverines to the school’s worst record in history in 2008 with a 3-9 record. His overall record at Michigan was 15-22.

~~  By Jessica M. Karmasek and Chris Dickerson - WV Record ~~

Gilmer County Grand Jury Returns 10 Indictments

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On Tuesday, March 08, 2011, Chief Judge Richard A. Facemire appeared in Gilmer County and began his March term of Circuit Court.

Also on Tuesday, the grand jury returned 10 indictments as follows:


•  State of WV vs. Heather Black of Glenville
She was indicted for Manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a Schedule II controlled substance and precursor to manufacture of methamphetamine.
She is represented by Christopher Moffatt of Charleston.


•  State of WV vs. Felix Aviles, Jr. of Glenville
He was indicted for sexual abuse in the first degree.
He is represented by David Karickhoff of Sutton.


•  State of WV vs. Jerry Dwane Duelley II of Coxs Mills
He was indicted for First offense driving under the influence of alcohol (2 counts) and possession with intent to deliver a schedule I controlled substance.
He is represented by Daniel Grindo of Gassaway.


•  State of WV vs. Mark Alan Taylor, of Linn
He was indicted for burglary, false information to trooper and transferring stolen property.
He is represented by Daniel Grindo of Gassaway.


•  State of WV vs. Jaron Mishka Biscombe of Cedarville
He was indicted for manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule II controlled substance (2 counts), manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule IV controlled substance (3 counts), possession of a schedule I controlled substance (1 count).
He is represented by Kevin Hughart of Sissonville.


•  State of WV vs. Richard Lee Siers of Nicut
He was indicted for sexual assault in the third degree (11 counts).
He is represented by David Karickhoff of Sutton.


•  State of WV vs. Florence M. Parker of Gassaway
She was indicted for embezzlement (3 counts) and falsifying accounts (28 counts).
She is represented by T.J. Drake of Sutton.


•  State of WV vs. Yarica Kentora Jackson of Cox’s Mills
She was indicted for child abuse resulting in injury (80 counts) and conspiracy to commit an offense against the State of WV.
She is represented by Kevin Hughart.


•  State of WV vs. Mary Ann Starcher of Cox’s Mills
She was indicted for child abuse resulting in injury (80 counts) and conspiracy to commit an offense against the State of WV.
She is represented by Christina Flanigan of Buckhannon.


•  State of WV vs. Christopher McVaney of Arnoldsburg
He was indicted for child abuse resulting in bodily injury.
His case was presented to the grand jury by special prosecutor (Braxton County prosecutor Kelly Hamon McLaughlin).


All persons indicted on Tuesday need to appear at 9:00 AM to be arraigned and post bond if not already posted.

The Circuit Clerk issued summonses for all indictees to appear on Friday, March 11, 2011.

Criminal docket call is now also scheduled for Friday, March 11, 2011 to determine if pleas will be entered or trials will be scheduled.

Lewis County: Criminal Indictments Returned Against Twelve

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The March term of the Lewis County Grand Jury convened at the Lewis County Courthouse on Monday, finishing their work by 1:00 PM with Judge Thomas Keadle presiding.

Prosecuting Attorney Gary Morris made thirteen presentments involving twelve individuals.

While these individuals are presumed innocent until proven guilty, the Grand Jury returned indictments against:

•  Heather A. Black, 29, of Glenville; indicted on two counts of burglary, two counts of conspiracy and one count of grand larceny.

•  Kristen Renee Butcher, 21, of Glenville; indicted on two counts of burglary, two counts of conspiracy and one count of grand larceny.

•  Michele Lee Fisher, 40, of Cedarville; indicted on one count of obtaining property in return for a worthless check, one count of forgery, and one count of uttering.

•  Heidi Anne Howard, 39, of Buckhannon; indicted for one count of obtaining property in return for a worthless check.

•  Adam Ryan Huntz, 30, of Weston; indicted on one count of forgery and one count of uttering.

•  Kenneth James Lindsey, 26, of Weston; indicted on one count of grand larceny and one count of concealing stolen property.

•  Randel Adam McVay, 25, of Jane Lew; indicted on one count of fraudulent use of access device and one count of conspiracy.

•  William A. Miller, 24, of Weston; indicted on one count of malicious wounding and indicted on a separate offense of one count of child abuse resulting in injury.

•  Sandie L. Orbaugh, 39, of Lords Valley, Penn.; indicted on two counts of forgery, one count of uttering, and two counts of fraudulent use of access devise.

•  Thomas B. Sowell, 19, of Jane Lew; indicted on one count of grand larceny.

•  James Marcus Taylor, 46, of Weston; indicted on one count sex offender registration violation.

•  Edward Tracie Wolfe, Jr. , 20, of Alum Bridge; indicted on two counts of sex offender registration violations.

Those indicted will be arraigned on Friday in Lewis County Circuit Court.

Note: The offense of uttering means to pass something as genuine when it is known to be false. Fraudulent use of access device usually refers to the use of another’s credit or debit card without their knowledge or permission.

G-InMyOpinion™: Is It Really Internet Bullying Mr. Prosecutor?

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Gilmer’s prosecutor succeeded masterfully in focusing unwelcomed adverse publicity on the County with his speech at the WV Association of Counties meeting.

His flowery argument was that public officials are pilloried unfairly on the Internet.

Maybe the prosecutor should reconsider what he said. Our citizens are merely bursting from chains of submissiveness to result in enhanced situational awareness.

A major threat to situational awareness in areas similar to ours, underserved by the conventional news media, has been the control of access to vital information.

That control has squelched opportunities for citizens to participate in check-and-balance processes envisioned by our founding fathers.

Now, citizens have advanced to a stage where they are demanding more accountability dependant on access to accurate and timely information.

For some of the numerous examples of the withholding of information from citizens:

 why do you Mr. Prosecutor fail to act when there are allegations of serious crimes,

 why does Glenville State College as a public funded institution fail to be forthright with information,

 why does the local newspaper not engage in investigative reporting when there are questions surrounding Fred Hill’s death in addition to other important issues affecting the County?

 Related to GSC, why is the federal lawsuit involving the land controversy below the I. L. Morris Bridge not being disclosed to citizens, and

 why is GSC’s Board of Governor’s case against Scarlett Kellerman et al. being kept secret?

 Do GSC’s and other County officials believe that citizens are mentally defective to know how and where to retrieve information?

Surprise, surprise, surprise, we are becoming highly proficient participants in the information age with our humming computers.

Unfortunately, when there are intentional communications blackouts it is normal for speculation to be fueled.

Unfortunately some of it can be more appalling then merited by facts, but that is the risk when open disclosure is avoided.

Regarding vicious Internet attacks on children and innocent family members of controversial figures in the County, that despicability is often applied by low-lifers to attract attention to their zealous causes.

Decent citizens categorically condemn the filth and its harm being done to children and other innocents!

Regardless, Mr. Prosecutor, instead of denigrating citizens who ask questions and express personal opinions, why not communicate more effectively with constituents to set records straight and to demonstrate that you are performing your job?

Gilmer people understand human fallibility and they don’t expect perfection. Don’t fail to understand though that citizens are far more proficient in understanding what is happening in their environs than elitists perceive.

Citizens won’t demonstrate on the streets and engage in civil disobedience. Instead, they are casting knowing glances at those believed involved in wrong-doing who unwittingly assume that their deeds are unsuspected.

Be assured that citizens’ responses to what is occurring will become abundantly apparent at the next election, and vulnerable officials feeding at the public trough are forewarned to polish their resumes for mass mailings.

~~  GALAHAD ~~

GFP: Once again, if we don’t know who you are, your comment will not be activated. You MUST give us verifiable information with your comments and complete the verification process.

Gilmer County Circuit Court Report - 03.03.11

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On Monday, February 28, 2011 Chief Judge Richard A. Facemire appeared in Gilmer County and held his regular monthly motion day.


Two fugitives from justice were heard and both waived extradition to their respective states:

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•  The state of Washington wanted Douglas J. Sclafani

 

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•  The state of Virginia wanted Antoine Lee.

Both fugitives were represented by Daniel Grindo of Gassaway and authorities in their states have until 4:00 PM Wednesday, March 09, 2011 to pick them up at Central Regional Jail or they will be released.


•  One infant guardian proceeding was before the Court but an order of publication needed to be run in the local paper for the absent father of the infant before further proceedings can be held.


Ten juvenile cases were heard and rescheduled as follows:

•  One will be Monday, May 23, 2011 at 9:00 AM.
•  One will be Monday, May 23, 2011 at 9:10 AM.
•  One will be heard Monday, May 23, 2011 at 9:20 AM.
•  One will be Monday, May 23, 2011 at 9:30 AM.
•  One will be Monday, May 23, 2011 at 10:00 AM.
•  One was dismissed.
•  One was set for Monday, June 27, 2011 at 9:00 AM.
•  One was set for Monday, June 27, 2011 at 9:10 AM.
•  Another juvenile is set for trial on Wednesday, March 09, 2011.
•  Another juvenile hearing is set for Friday, March 11, 2011 at 10:00 AM.


•  State of WV vs. Ross Lee Marks
He was before the Court for reconsideration of sentence.
He is currently serving sentence in Pennsylvania, and although the Judge denied the sentences running concurrently he did set aside the 1 year home confinement he had previously sentenced Marks too, but let the 5 years probation for him to serve here after being released in Pennsylvania.
Mr. Marks was represented by David Karickhoff of Sutton.


•  Summary judgment was granted in the case of Discover Bank vs. Debra L. Powers.


Dionne Hardman who had previously filed a habeas corpus proceeding in relation to her sentence in 2008, withdrew her complaint and agreed to the sentence already given to her.
She was represented by Joyce Morton of Webster Springs.


•  Grand jury reports Tuesday, March 08, 2011 and petit jury reports Tuesday, March 15, 2011.

 

Judge Jack Alsop appeared in Gilmer County on Thursday, March 03, 2911 to take up several matters.

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•  Beginning at 8:30 AM he took a plea in the case of State of WV vs. Cecil Smallwood.
Smallwood pled guilty to count 1 of the indictment charging him with third or subsequent offense driving under the influence of alcohol and guilty to count 2 of the indictment charging him with second offense driving while license suspended or revoked for driving under the influence of alcohol.
Count 3 of the indictment charging him with the misdemeanor charge of reckless driving was dismissed in the plea bargain agreement.
Sentencing will take place on Monday, April 11, 2011 at 9:15 AM.
He was represented by Daniel Grindo of Gassaway.
Smallwood’s attorney made a motion for him to be released on bond pending sentencing, which motion the Judge denied and sent him immediately to Central Regional Jail for admitting he had consumed alcohol while on bond.

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•  The habeas corpus proceeding involving fugitive from justice William Nesbit, who refused to waive extradition previously, was before the court and Judge Alsop took the matter under advisement and will rule at a later date.
Christina Flanigan of Buckhannon was Nesbit’s attorney.

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•  State of WV vs. Kevin Curry
He was before the Court for a bond revocation hearing and a show cause hearing why AAA Bonding should not have to forfeit the bond for his previous failure to appear.
The order from the Monday, February 14, 2011 hearing not having been entered by the Clerk (who just received it in the day’s mail after this hearing) the matter was rescheduled for Monday, March 14, 2011 at 11:30 AM.
Copies were mailed and Faxed to AAA today and after the order is signed and entered the same will be done with them.
Ben Morgan from AAA Bonding must appear on Monday, March 14, 2011 at 11:30 AM and Curry was returned to jail.
Curry’s lawyer, Christina Flanigan, asked that the $250.000.00 bond previous set by the Court be reduced, which motion the Judge denied and returned Mr. Curry to jail in the meantime.


•  A jury trial was scheduled for Monday, February 28, 2011.
However, there were not enough jurors present to impanel a jury.
After the judge excused the jury for the term, he found that ONCE AGAIN the Gilmer County Prosecutor had erred in the petition that was filed in the case.
Thus Judge Alsop dismissed the petition without prejudice to the state of WV allowing the prosecutor to re-file if he chooses to do so.
Defendant was represented by Daniel Grindo of Gassaway.


•  State of WV vs. Bobby Wayne Townsend
He was before the Court for an evidentiary hearing to revoke his home confinement.
Townsend has spent approximately 5 weeks in jail awaiting the hearing.
After the state presented its case, Judge Alsop readmitted Townsend to home confinement but he is not allowed to work during his confinement, but must remain at home.
Kevin Hughart of Sissonville represented Townsend.

 

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•  State of WV vs. Michael J. Marks
He was before the Court for entry of a plea.
He pled guilty to 2 counts, 1 of conspiracy and 1 for delivery of a controlled substance.
Count 3 of the indictment was dismissed by the prosecutor, Sentencing is scheduled for Friday, April 01, 2011 at 9:30 AM.
Mark’s attorney Daniel Grindoasked for home confinement until date of sentencing, which Judge Alsop denied his motion and returned Marks to Central Regional Jail until sentencing.

G-otcha™: Federal Grand Jury Indicts Area Individuals

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Following area Indictments were among Eight individuals were named in Seven Indictments returned on Monday, March 01, 2011, by a Federal Grand Jury sitting in Clarksburg, West Virginia.

United States Attorney William J. Ihlenfeld, II, announced that:


•  BRANDON GUM, age 25, of Gassaway, West Virginia, was named in a three-count Indictment.
Count One charges GUM with the sale of a stolen Weatherby, Model Patrician, 12 gauge shotgun on October 29, 2009; Count Two charges GUM with the sale of a stolen Husqvarna, Model 9000,.300 caliber rifle on October 30, 2009; and, Count Three charges GUM with the sale of a stolen Remington, Model 870, 212 gauge shotgun on November 02, 2009, all in Gassaway.
If convicted, GUM faces a maximum exposure of 10 years imprisonment and a fine of $250,000 on each count.


•  CLYDE SCOTT, age 35, was named in a one-count Indictment.
The Indictment charges SCOTT with forcibly assaulting a corrections officer at FCI Gilmer, inflicting bodily injury, on February 09, 2010.
If convicted, SCOTT faces a maximum exposure of 20 years imprisonment and a fine of $250,000.


•  ANTONIO HALFACE, age 22, was named in a one-count Indictment.
The Indictment charges HALFACRE with possession of an object that was designed and intended to be used as a weapon at FCI Gilmer on January 26, 2010.
If convicted, HALFACRE faces a maximum exposure of 5 years imprisonment and a fine of $250,000.
This case will be prosecuted by Assistant United States Attorney Brandon S. Flower and were investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton and FCI Gilmer.


It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.

Senate Committee Passes Pay Raise Bill for State Workers

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The state Senate Finance Committee will vote this afternoon on a $71.5 million pay raise package for state workers including an approximate 3% increase for state teachers.

The plan, introduced in Tuesday morning’s committee meeting, would be a raise to the employee’s base pay not a bonus like Governor Earl Ray Tomblin has proposed.

“The sentiments of the Senate Democrat Caucus is to put money in the base for all employees and not just do the one-year enhancements,“ Finance Committee Chair Roman Prezioso, D-Marion, told MetroNews following the morning meeting.

The plan says:

•  Public employees and higher education workers would get a 2% increase
•  Teachers a $1,488 raise, which is about 3%
•  School service personnel would get a $500 raise
•  Supreme Court justices pay increase by $15,000
•  Circuit court judges would receive a $10,000 raise
•  Magistrates $7,500
•  Family court judges $12,000
•  The state adjutant general would get a 34% pay increase from the current $92,500 to $125,000

The committee was set to vote on the proposal Tuesday morning, but delayed the vote after Senator Truman Chafin, D-Mingo, proposed an amendment to continue the 3% teacher raise for four years, building the base each year.

“I don’t care what it costs. Take it out of general revenue to do it,“ Chafin told fellow committee members. “It’s a matter of priorities.“

Chafin’s amendment will probably have a difficult time passing. Chair Prezioso says promising a base-building raise beyond one year is not responsible.

“That’s obligating us to four years down the road and we know we’re going to be hit with a Medicaid deficit of 200-million dollars in 2014. It’s not a responsible way to move forward,“ Prezioso said.

The House of Delegates is proposing a 2% across-the-board raise while Governor Tomblin’s plan is a one-time bonus. Prezioso says the Senate’s plan falls in the middle.

“We’ve taken a very responsible look at this thing and we think our bill is the way to move forward on these pay raises,“ Prezioso said.

The chairman also indicated this afternoon’s meeting will likely include a bill that would raise various DMV fees to boost the state Road Fund and the gambling industry supported bill that would allow more money to be bet at one time at the state’s casinos and Greenbrier Resort.

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