Gilmer County Circuit Court Report – 01.10.11
On Tuesday, January 04, 2011 Judge Jack Alsop appeared in Gilmer County Circuit Court and heard 6 cases.
Four fugitives from justice cases were before him as follows:
• State of WV vs. Thomas Kulig, who was wanted by the state of New Jersey
• State of WV vs. Richard Pumell, who was wanted by the state of Maryland
• State of WV vs. Ibrahim Fakieh, who was wanted by the state of Ohio
• State of WV vs. Rashaun Kweisi Creel, who was wanted by the state of New York
All four individuals waived extradition back to their respective state and authorities from New Jersey, Maryland, Ohio and New York have until 4:00 PM on Thursday, January 13, 2011 to pick these individuals up from Central Regional Jail or they will be released.
Local attorney Shelly DeMarino was court appointed attorney for all 4 defendants.
• A juvenile matter was before the Court and set for review on Monday, April 11, 2011 at 9:00 AM.
• Another juvenile matter was heard and rescheduled for Friday, January 21, 2011 at 2:00 PM.
• On Wednesday, January 05, 2011 Judge Alsop heard another juvenile matter in Gilmer County and it was set for further hearing on Monday, February 14, 2011 at 11:30 AM.
• On Friday, January 07, 2011 Chief Judge Richard A. Facemire appeared in Gilmer County to conduct a bench trial in a juvenile case.
However, the defendant is now an adult and was incarcerated in Central Regional Jail on Braxton County charges and did not appear in Gilmer County for the hearing.
The Judge contacted the jail and had a video conference with the inmate, but his attorney moved to continue the case generally to enable him to work with the Braxton County prosecutor on their charges and maybe resolve both matters.
Judge Facemire reset the hearing in Gilmer County for Monday, February 28, 2011 at 10:30 AM.
On Monday, January 10, 2011 Judge Jack Alsop presided over his regular monthly motion day in Gilmer County.
• One fugitive from justice case was heard, with defendant Bradley Montgomery, being wanted in the state of Kentucky for a parole violation.
He waived extradition and was represented by attorney David Karickhoff.
Authorities in Kentucky have until 4:00 PM on Thursday, January 20, 2011 to pick him up at Central Regional Jail or they will release him.
• A juvenile matter was heard and rescheduled for Tuesday, January 26, 2011 at 9:00 AM and Monday, March 14, 2011 at 10:00 AM.
• The civil case of Gary Batten, et al vs. Helen James, et al
It was before the Court and set for an evidentiary hearing on Tuesday, April 05, 2011at 9:00 AM.
Batten is represented by Thomas Whittier of Spencer and James and others are represented by Timothy Butcher of Glenville.
Several defendants filed pro se answers as well.
• Another juvenile matter was heard and rescheduled for Friday, January 21, 2011 at 11:30 AM.
• State of WV vs. Cammie Yoho was before the court for reconsideration of her sentence.
She was represented by T. J. Drake of Sutton and the Judge took the matter under advisement.
• Another juvenile matter was heard and rescheduled for Monday, March 14, 2011 at 9:45 AM.
• Another juvenile matter was heard and rescheduled for Friday, February 25, 2011 at 1:00 PM, and Wednesday, March 02, 2011 at 9:00 AM.
• The civil case of Don Bellusci, et al vs. Target Oil & Gas Corp
It was before the Court and the Court found Target Oil to be in contempt of its former order.
The Court ordered Target to produce their production records within 15 days and thereafter they will face sanctions of $250.00 a day.
• State of WV vs. John Edgar Phillips
He was before the Court for reduction of his sentence, and the Judge denied the same.
He was represented by David Karickhoff.
• State of WV vs. Kevin Curry
He was before the Court to have his trial continued until the March term of Court, which the Judge granted.
Curry was represented by Christina Flanigan of Buckhannon.
Gilmer County Family Court Report – 01.07.11
Family Court Judge Larry Whited held court in Gilmer County on Friday, January 07, 2011.
He heard several cases as follows:
• A contempt hearing was continued until Friday, February 11, 2011th at 11:00 AM due to the defendant not being served in time.
• Three child advocate cases were heard but no order was received yet.
• A temporary hearing was heard in a divorce case.
• One out of state child support case was continued until Friday, February 11, 2011 at 1:00 PM.
• One divorce was granted:
Phillip Moore (73 ) of Glenville divorced Marcia Arman Moore (65) of Penacook, New Hampshire.
WV STATE POLICE PROTECT GILMER COUNTY PROSECUTOR - QUOTE ONLY CODE IN WV WITH STATUTE OF LIMITATIONS
Recently more criminal charges were filed against Gerald B Hough Gilmer County Prosecutor involving perjury and subornation of perjury involving a case that has been described as a “Travesty of Justice” which describes perfectly the most expensive misdemeanor outcome in the history of the state of WV!
The junk Farm equipment case (see photo’s) cost the state hundreds of thousands of dollars in tax payers money to prosecute just to get a wrongful time barred misdemeanor conviction from three felony charges defeated in court.
The former Braxton County Prosecutor Bill Martin surveys property in dispute while
acting as defense counsel for defense and after the Secret tape was made at Lemon Equipment
got the Travesty of Justice case dismissed, but Hough refiled and added another
false felony charge that was later defeated in court
The famous Gilmer County case was in the Gilmer County Court system from March of 2003 until early 2006 where it was accepted by the West Virginia Supreme Court and was heard all of 2006 until September of 2007 with a 3 to 2 majority decision authored by Justice Davis who knowingly used false facts not part of the court record in her majority opinion and a complaint against Davis is currently pending due to new evidence in the investigation of her wrongdoing in this matter.
Brush Hog that State Witness Marilyn Matheny gave testimony saying this Brush Hog
was worth 398 dollars 18 months after this photo was taken.
The brush hog had a broken and rusted drive, but during the first indictment Matheny gave
a value that equaled $2,498.00 for the brush hog with attachments and testified before
a grand jury that the brush hog had the same value as a brand new one with a retail price.
Matheny obviously testi-lied to the grand jury, but was not punished.
This case was then heard in the United States Supreme Court, but the new evidence that was discovered could not be used since it was not presented in the lower court, but could very well have proven the defendant completely innocent of all felony charges as claimed by the plea of not guilty.
As the president of the Concerned Citizens of Gilmer County I have to report that evidence that proved Gerald B Hough committed the crime of subornation of perjury is very convincing and even convinced the state police that a crime had occurred! And further, that it was highly likely according the evidence of a title opinion via the outcome of another court case proving ownership of property, that Hough and a witness for the state in the Travesty of Justice case did indeed commit a crime involving perjury and subornation of perjury!
Close up view of Brush Hog that got the defendant wrongfully indicted by saying
equipment was worth thousands and costing him his radio show for Cumulus Broadcasting
Major Ingold of the WV State Police Standards division made a statement at 9:40 AM Wednesday morning, January 05, 2011 that WV State Police under the advisement of Colonel T. S. Pack, Superintendent and his legal staff of lawyers decided that Hough was protected by the statute of limitations and state code 61-11-9:
|§61-11-9. Limitation of prosecution; lost indictment.
A prosecution for committing or procuring another person to commit perjury shall be commenced within three years next after the perjury was committed. A prosecution for a misdemeanor shall be commenced within one year after the offense was committed: Provided, That whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said ............... for the same offense”; and the same proceedings shall be had in all respects on any such new indictment as might have been had on the first indictment if it had not been stolen, lost or destroyed. And if the offense mentioned in any such indictment is barred by the statute of limitations, the time between the finding of the first and last of such indictments shall not be computed or taken into consideration in the computation of the time in which any such indictment, after the first, should have been found.|
The counsel for the defendant feels that this code does not apply to this case for various legal reasons!
Without a court hearing on the matter the State Police cited the WV State Code §61-11-9 which is the ONLY State code with a statute of limitation for a felony, therefore protecting Gerald B Hough from prosecution, although the state police DID NOT ARGUE AGAINST the fact that a crime did occur and that Hough was indeed guilty by the evidence of subornation of perjury.
Major Ingold before hanging up the phone during a heated argument over the issue suggested that the counsel for the defense had strong civil action against Gilmer County and suggested that the defendant in this instance proceed with a civil suit against the county.
Boom pole attachment that Hough told the grand jury was
worth hundreds of dollars
The Gilmer County Clerk Beverly Marks hid this missing 1/6 of 155 acres of surface property in dispute from the courts and the WV Supreme Court and should be held accountable for her actions, but she most likely will be protected too by some surprise code that is specific in the matter that it appears once again that the State of West Virginia and Gilmer County go to great lengths to make up their own rules!
Earlier Yesterday morning Jean Butcher was contacted in regard to why did the County Clerks office hide this evidence from the West Virginia Supreme Court?
But her answer was on about an eighth grade level and was not pertinent to the facts involving the case in any way shape or form. But on her defense she has just started the position of County Clerk with claims of having many years of experience.
However, Jean Butcher did refer the matter to the new President of the Gilmer County Commission, Dave Hess so that the counsel for the defendant can file a multi-million dollar law suit against the County of Gilmer for hiding states evidence until the statute of limitations ran out, then mysteriously billing the former owner for back taxes.
William C Martin defense counsel with his back turned in front of all the
the equipment Hough told the jury was worth thousands
The Concerned Citizens of Gilmer County, firmly take the position that Gerald B Hough is truly guilty of subornation of perjury in which the State Police did not argue against.
They only stated in a very matter of fact manner that Hough was protected by a three year statute by manipulating the date, and not going by the date in which the case officially ran its course which was July 29, 2009 for the 4th Circuit Court of Appeals in Richmond VA or the April 2008 date when the case was before the United States Supreme Court, in Washington DC.
At 11:00 AM Wednesday morning, January 05, 2011, the US ATTORNEY was already notified of this dispute with the State Police over the use of the specific code mentioned on a case that was decided by the seldom used Boyd Rule which denied the defendant his right to the statute of limitations.
The Concerned Citizens of Gilmer County were also informed that another official federal criminal complaint will be filed against Hough before Friday the 7th of January.
Also, the Concerned Citizens of Gilmer County find it interesting that Gilmer County Prosecuting Attorney Gerald B Hough was protected by the ONLY state code with a statute of limitations on a felony.
How convenient for yet another cover up by the West Virginia State Police!
~~ By Edison - Gilmer County Concerned Citizens’ President ~~
Attorney Sues Rodriguez Over Sale of Home
A Weirton attorney is suing former West Virginia University and newly fired Michigan football coach Rich Rodriguez over problems with the purchase of the coach’s Morgantown home.
Raymond A. Hinerman Sr. and his wife Barbara B. Hinerman filed the lawsuit Dec. 27 in Monongalia Circuit Court against Richard and Rita Rodriguez. Hinerman is representing himself.
In the complaint, the Hinermans say they signed a purchase agreement for the home located in Greystone Estates for $1.3 million and was ready to close on the property on Dec. 20. The sellers asked for that closing to be moved to Dec. 22, and the buyers agreed.
On Dec. 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 Dec. 22, there were ongoing attempts to dry out the “strong musty smell and obvious water leak.“
The Hinermans say that 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 says he was told the sellers “were unilaterally continuing the closing until sometime before Dec. 31, 2010.“
The Hinermans argue that the leak and damages are not their responsibility and that the Rodriguezes should fix it. The Rodriguezes refuse, and the closing had not been reset at the time of the filing on Dec. 27. The Hinermans say they have been harmed financially by the postponement.
The Hinermans say the Rodriguezes are creating an anticipatory breach of contract. They also say the Rodriguezes “are aware of another buyer willing to pay more than the contracted sale price.“
Also, the Hinermans also claim that a Four Winds boat would be given to them with the purchase of the home. But after signing the purchase agreement, they say the Rodriguezes then said the boat would cost roughly an extra $40,000.
The Hinermans say their current Morgantown home has a pending closing date, and that means they might have to store furniture, clothing and other household goods until this closing is completed.
The Hinermans seek 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 want to resolve the issue of who has responsibility for the repair of the leak and its damages. They also want a special commissioner appointed to do what sellers are ordered to do should they not immediately do so. And they want compensatory and punitive damages as well as other relief including attorney fees, court costs, inconvenience, mental stress and loss of productive time.
On Dec. 30, the Rodriguezes asked the court to dismiss the Hinerman complaint and to deny the motion for injunctive relief. The dismissal motion is based on the Hinerman’s “failure to state a breach of contract claim upon which relief can be granted,“ according to the motion filed by Morgantown attorney Gary S. Wigal. “Likewise, the plaintiffs’ motion for injunctive relief must fail because the plaintiffs have not met their evidentiary burden of proof.“
They say the purchase agreement states that, “It is understood that this property is being sold ‘as is’ and seller will make no repairs.“ It goes on to note that Hinerman is an attorney “who would real the agreement, and who understood the above language.“
The Rodriguezes say they compromised the sale price to allow a cushion with which the buyers could make repairs If necessary.
“Now, the Hinermans demand the benefit of the price reduction and that the sellers pay for repairs,“ Wigal wrote in the motion.
The Rodriguezes also dismiss the argument about the boat being included in the sale of the home.
“The boat is not listed ... because there was not a meeting of the minds on the purchase of the boat,“ Wigal wrote.
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 Wednesday 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 record at Michigan was 15-22, including the Jan. 1 loss to Mississippi State 52-14 in the Gator Bowl.
Monongalia Circuit Court case number: 10-C-896
~~ By Chris Dickerson - WV Record ~~
G-Comm: Does West Virginia Need Better Accountability for Members of The State Bar?
In May, 2008 HALT issued the nation’s first comprehensive study of the systems that hold state and federal judges accountable. They ranked West Virginia 13th worst in the nation and stated that, “To shine a light on the typically secretive and toothless systems that often fail to remove abusive and incompetent judges from the bench,” Quoted HALT, Inc.
Self-described legal reformers have been pushing for a nationwide clearing house system that would make it easier to keep tabs on and punish lawyers and or judges who violate ethical, civil and criminal laws. More and more of these former officers of the courts have multi state bar licenses to continue practicing elsewhere. Or, they move out of state and begin a new practice altogether.
One current problem surfacing is that in most states, attorneys who have been suspended and even disbarred for unethical conduct are permitted to work as paralegals. In effect, they’ve been kicked off the team, but they’re not out of the game. Because there is no bright line separating much of the work performed by paralegals from that performed by attorneys, some disbarred and suspended attorneys come dangerously close to crossing the line into unauthorized practice of law.
In fact, allowing disbarred and suspended attorneys to practice as paralegals condones unethical behavior by not adequately disciplining it. It’s a practice that puts the public at risk when they seek competent ethical representation, and it creates negative perceptions of the legal profession.
Currently, “Martindale.com,” is the only search database that allows a person to search an attorneys name nationwide to inquire if that person is licensed to practice law. No information is available about complaints, sanctions etc. Each state has their own bar association that either has a search engine for members and or an office to contact. A link is provided below. But, there is no database that can be used as a crisscross directory.
There is also a need for stronger advocate changes in how complaints are decided by mostly attorneys and or other work-related colleagues. Some reformers go so far as to say average Joes, not fellow practitioners, should decide in open hearings whether a lawyer’s actions warrant revoking his license.
“If a jury made up of non-lawyers is good enough to decide a murder case or a million-dollar lawsuit, it’s certainly capable of determining whether a lawyer has cheated a client,“ says D.C. lawyer James C. Turner, executive director of the legal-reform group HALT.
Nationwide, The American Bar Association receives anywhere from 3,500 to 4,000 notices from across the country of disciplinary action each year, including multiple actions against individual lawyers. The Supreme Court disbars about 125 lawyers each year, almost always after learning of state or federal court action.
According to reports, Judges and lawyers guilty of wrongdoing, even serious felonies, usually escape with suspensions or even verbal sanctions and restitution of some sort. Widespread resistance within the legal profession prevents a more seamless system of discipline for the bad apples among the nation’s 1.2 million lawyers with active licenses. The opposition stems in part from the independence of state bar associations and the belief in many states that reciprocal licensing would follow.
The latter change could require all 50 states and the District to recognize law licenses in much the same way a CDL truck driver’s license is valid nationwide.
In West Virginia
There are approx 7, 328 lawyers in WV. Out of that total, 859 are inactive. Attorneys who practice law in WV do not have an option of not being members of the state bar or not paying dues. Who handles complaints or legal actions filed against them?
The Supreme Court of Appeals established an Office of Disciplinary Counsel (ODC) to prosecute violations of the Code of Judicial Conduct and the Rules of Professional Conduct. The Office of Disciplinary Counsel shall consist of separate Lawyer Disciplinary Counsel and Judicial Disciplinary Counsel. Lawyer Disciplinary Counsel shall be primarily responsible for the investigation of complaints of ethical violations by lawyers.
Accountability For Judges
The Judicial Disciplinary Counsel shall be primarily responsible for the investigation of complaints of ethical violations by judges. Notwithstanding these primary responsibilities, when circumstances warrant, Lawyer Disciplinary Counsel shall have the authority to investigate and prosecute complaints of ethical violations by judges and Judicial Disciplinary Counsel shall have the authority to investigate and prosecute complaints of ethical violations by lawyers.
Making The Grade
The Washington DC based legal watchdog group also grades each state on an overall score each year. WV routinely receives grades ranging from C- to F on all categories that include how the state Bar Association handles complaints filed against attorneys. They also grade on the states Judiciary Review Board that handles judges accountable.
In May, 2008 HALT issued the nation’s first comprehensive study of the systems that hold state and federal judges accountable. They ranked West Virginia 13th worst in the nation and stated that, “To shine a light on the typically secretive and toothless systems that often fail to remove abusive and incompetent judges from the bench,” quoted HALT, Inc.
They go on to say, “West Virginia’s laws unfortunately include massive loopholes that still allow members of the judiciary to be wined and dined on the corporate dime,“ Also, “At a time when the American public has lost faith in the impartiality and fairness of the nation’s judiciary, it’s critical that we have an effective system of oversight for judges. We hope that West Virginia’s chief judicial officers will work to transform a mechanism marred by secrecy into a system dedicated to upholding the integrity of the judiciary.“
Is there an appearance of a brotherhood between all attorneys to protect one another? If so, do you then question the ability and effectiveness of allowing fellow attorneys to discipline each other? According to one source for this story, “it’s like letting the fox guard the hen house.”
But, according to research for this story, the more serious complaints for unethical and or illegal acts filed against lawyers and judges in WV are actually made by their own piers. HALT found that the majority of client’s complaints were only that fees were too high, lawyers lack of interest or correspondence and that the West Virginia State Bar does not offer arbitration to help resolve disputes.
Instead, the bar only provides resources for mediation, a process in which a trained facilitator does not issue a ruling but tries to guide the parties toward a non-binding resolution. If the client and lawyer cannot settle the dispute themselves, they have no choice but to go to court, which can be time-consuming and expensive for a legal consumer. And because the settlements are not binding, there are no formal methods to enforce the agreement.
A Spokesperson with the Lawyer Disciplinary Board provided information that indicated there were 555 complaints filed against WV attorneys in 2009 with an additional 545 cases being disposed of. The Supreme Court ruled on 16 pending cases in their court in 2010. When asked if there is a running backlog of complaints being handled, the spokesperson admitted there is, and that the Supreme Court “asks” that backlogs not take longer than 18 months or 15% of the total complaints pending.
In fairness, the majority of attorneys in WV are genuinely professional and sincere in their efforts to perform in good faith for clients and other legal responsibilities. But, as with any profession, there are the ones who bring embarrassment, shame and distrust to the rest. Enough so, that additional safeguards may need to be in place to protect not only the integrity of these officers of the court, but more so to the general public who put their lives, trust and money into their hands.
WV also has its share of bizarre cases against lawyers and judges. An attorney was caught having sex with his female client during legal visiting in prison while another forged a judge’s name to legal documents in order to embezzle funds. Three former Circuit Court Judges who all committed crimes ranging from bribery to sexual harassment and one who actually bit a defendant on the nose during a court hearing in front of witnesses.
~~ by Jack Swint ~~
TechNews: Apple and App Makers Hit with Privacy Lawsuits
Consumers who say their personal information has been sent to advertisers without their knowledge have launched a legal battle against Apple and the makers of some of its most popular apps, the latest skirmish in the fight over the boundaries of privacy online.
Two new class-action suits filed last week in U.S. District Court in California name the creators of Backflip, Dictionary.com, Pandora and the Weather Channel, among others, in addition to Apple.
The suits follow attempts by federal regulators and lawmakers to set clear standards in the rapidly evolving - and often murky - world of digital data.
“Users ought to have control over the amount of data that is sent of their activities,“ said a lawyer who is working on the case. “It’s an invasion of their privacy, and it’s done without their consent.
The suits said personal information at risk included users’ ages, gender and location along with a unique device identifying number, or UDID, that Apple assigns to all iPhones and iPads.
Apple and Pandora declined to comment on the lawsuits.
The Weather Channel did not immediately respond to a request for comment, and Backflip and Dictionary.com couldn’t immediately be reached.
Several app makers told the Wall Street Journal that they only aggregate the data and do not link it to individual users.
The Mobile Marketing Association, an industry trade group, announced last week that it is crafting privacy guidelines for data collection and use and said the industry was committed to transparency.
Washington policymakers have struggled to keep pace with the overflowing stream of information transmitted online, and mobile devices such as the iPhone represent the latest frontier.
A Senate subcommittee held a hearing on the issue over the summer, and Senator John F. Kerry (D-MA) has sought privacy legislation for consumers.
Then, in a report this month, the Federal Trade Commission criticized the industry as “too slow” in establishing privacy standards and said it has “failed to provide adequate and meaningful protection.“
The agency also found that consumers are shouldering too much of the burden in protecting themselves, particularly when privacy disclosures, if they exist, can be difficult to find and understand. It suggested allowing consumers to choose how much of their personal information to share by creating a do-not-track system similar to its popular do-not-call list.
Meanwhile, the Commerce Department issued guidelines for balancing consumer privacy with mobile innovation.
The report called for a “Privacy Bill of Rights” for consumers and codes of conduct for businesses - and consequences for violating them.
The lawsuits “illustrate what consumer groups have been telling Congress, the FTC and the White House: The same rampant data collection techniques threatening privacy on the Internet have been purposely migrated to our mobile phones,“ said the founder and executive director of the Center for Digital Democracy, a consumer advocacy group.
He said his suit does not seek to stop the companies from accessing and distributing consumers’ data. Instead, the suit is looking for greater transparency and control.
“It’s not, ‘Is it bad to transfer information about somebody?‘ “ He said. ”It’s, ‘Is it bad to do it without their knowing about it and having a choice in it?‘ “
RETIREMENT CELEBRATION FOR BEVERLY MARKS, COUNTY CLERK
RETIREMENT CELEBRATION FOR BEVERLY MARKS, COUNTY CLERK
WEDNESDAY, DECEMBER 29, 2010
12:00 NOON - 4:00 PM AT THE GILMER COUNTY COURTHOUSE
G-otcha™: Federal Grand Jury Indicts Individuals from FCI-Gilmer Prison for Riot
On October 05, 2010, The Gilmer Free Press reported:
A federal prison in Glenville remains on lockdown after a fight involving about 75 inmates late last month.
Federal Bureau of Prisons spokeswoman Traci Billingsley says the melee broke out in the recreation yard at the Federal Correctional Institute-Gilmer on September 23, 2010.
No staff members were hurt, but several inmates were treated for injuries at the prison and three required treatment at a hospital.
Billingsley says there was no danger to the local community.
She could not say whether the fight was gang-related.
Then a comment was made by a reader:
I got a letter from my loved one up there and it was approximately 120 Mexican gang members fighting in the yard. It is absolutely unnecessary and inhumane to lock down 1,800 inmates for this long without commissary to do their investigation. The whole judicial system in America is a joke spending all the tax payers’ dollars to house all these people in the first place when the punishment doesn’t fit the crime. The real victims are the children and families of the people being incarcerated in this country today. I could say a lot more but it is bigger than me the American people need to wake up because before it is over it is going to be you or your child, or your loved one behind bars for dumb sh**....... There is a better answer to the human condition then all of this…....
Now the following report from WILLIAM J. INHLENFELD, II, UNITE STATES ATTORNEY, NORTHERN DISTRICT OF WEST VIRGINIA announced that:
• JAMES JENKINS, age 29; TOMA BATES, age 37; DONELLE KIRLEW, age 26; and, ODELL GLASS, age 27, all Federal inmates, were named in a five-count Indictment.
Count One charges JENKINS, BATES, KIRLEW and GLASS with conspiracy to cause a mutiny and riot at the Gilmer Federal Correctional Institution on September 30, 2009.
Counts Two through Five charge that on September 30, 2009, JENKINS, BATES, KIRLEW and GLASS assaulted, resisted and impeded correctional officers or other employees of the United States Department of Justice who were engaged in the performance of their official duties at the Federal Correctional Institution, with the intent to commit the felony offense of conspiracy to commit mutiny and riot as charged in Count One of the Indictment.
If convicted, JENKINS, BATES, KIRLEW and GLASS face a maximum exposure of 10 years imprisonment and a fine of $250,000 as to Count One; 20 years imprisonment and a fine of $250,000 as to Counts Two and Three; and, 8 years imprisonment and a fine of $250,000 as to Counts Four and Five. The case will be prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton.
• MICHAEL COOK, age 36, a Federal inmate, was named in a one-count Indictment charging him with possession of an object that was designed and intended to be used as a weapon at the Gilmer Federal Correctional Institution on August 26, 2010.
If convicted, COOK faces a maximum exposure of 5 years imprisonment and a fine of $250,000.
The case will be prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton.
Gilmer County Circuit Court Report - 12.20.10
Gilmer County Judge Larry Starcher was in Glenville on Friday, December 17, 2010 at 11:00 AM to reconsider the sentence he handed down in the case of State of West Virginia vs. John Manis Richards.
In March of 2010 Richards was sentenced to 1-10 years in the penitentiary and immediately began serving his sentence.
On Friday Judge Starcher suspended the remainder of his sentence and placed Mr. Richards on home confinement at the home of his father, Morris Richards, in Parkersburg through March 2011.
After his home confinement is completed John Richards will then be on 5 years probation, and during that time he is not allowed to visit stores selling building supplies.
John Richards must also pay $20.00 a month to Circuit Clerk Karen Elkin, which will go toward his court appointed fees.
Previously he had paid all of his court costs and restitution, which Judge Starcher commended him for.
Richards was represented by Christopher Moffatt of Charleston, WV.
Gilmer County Couple Sues Big Sandy Furniture for Injuries
A Gilmer County couple is suing Big Sandy Furniture for injuries sustained at its Parkersburg location.
On December 05, 2008, Sharon Anderson purchased a mirror from Big Sandy Furniture and drove to the customer service area to have it loaded into her vehicle, according to a complaint filed November 23, 2010 in Kanawha Circuit Court.
Anderson claims when she exited her vehicle, she immediately slipped on snow and/or ice and fell.
As a result of the fact that the customer service area was not properly maintained, Anderson sustained a severe hamstring tear and injuries to her shoulder and neck, according to the suit.
Anderson claims the defendant owed a duty to patrons to prevent and look for unsafe or potentially unsafe conditions and maintain the customer service area in a reasonably safe condition.
Big Sandy Furniture knew or should have known of the dangerous and unsafe nature and failed to remedy or warn patrons of the condition, according to the suit.
Anderson and her husband, Norman Anderson, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Joseph K. Reeder.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 10-C-2132
~~ By Kyla Asbury - The WV Record ~~
Gilmer County Circuit Court Report – 12.13.10
On Monday, December 13, 2010, Chief Judge Jack Alsop presided over his regular Gilmer County motion day.
The following fugitives from justice waived extradition back to their respective states:
• State of Maryland vs. Jeffery Franklin
• State of Louisiana vs. David L. Sheppard
Both fugitives were represented by Keisa May of Charleston and authorities in their states have until 4:00 PM on Wednesday, December 22, 2010 to pick defendants up at Central Regional Jail or they will be released.
• State of WV vs. Bonnie Riddle
She was before the court for reconsideration of her sentence.
She is currently serving her sentence on home confinement but asked to be placed on probation so that she could seek employment.
Said motion was denied by the Judge.
She was also represented by Keisha May.
• A juvenile was heard and reset for Monday, March 14, 2011 at 9:15 AM.
• Another juvenile was heard and reset for Monday, February 14, 2011 at 9:00 AM.
• Another juvenile was heard and reset for Monday, March 14, 2011 at 11:00 AM.
• Another juvenile was heard and reset for Monday, March 14, 2011 at 9:30 AM.
• Another juvenile was heard and reset for Monday, January 10, 2011 at 10:15 AM and Monday, March 14, 2011 at 9:45 AM.
• Two civil cases were cancelled prior to being heard.
• The ease of Don Bellusci vs. Target Oil & Gas was before the Court for a motion to enforce order.
However, neither attorney appeared, and the Court dismissed their motion.
Later the attorney called in for a hearing at 11:00 AM, but their own notice was set for 10:30 AM.
Two criminal cases were before the Court for bondsmen to appear as to why their clients did not appear for arraignment in November:
• Jim Ball appeared on behalf of B&B Bonding and the Judge ordered him to pay the Clerk $500.00 which was immediately deposited into her account until further order of the Court.
• AAA Bonding did not appear, but upon being contacted they had not received notice to appear.
• Former fugitive from justice William Nesbitt was before the Court after a Governor’s Warrant was received from the state of Alabama.
His attorney, Christina Flanigan, has until Monday, February 14, 2010 to file a habeas corpus on his behalf and an evidentiary hearing will be held Thursday, March 03, 2010 at 9:00 AM.
WV State Bar Board Cracks Down on Ghostwriting
The State Bar’s Lawyer Disciplinary Board recently ruled that attorneys no longer can offer behind-the-scenes legal help to people.
The new “ghostwriting” rule seemingly will force many people to either hire an attorney or receive no legal assistance at all when they go before the court. In short, a lawyer must either be in a case all the way or not at all.
“While the board finds that ghostwriting as a form of undisclosed representation is permissible under the Rules of Professional conduct, the attorney must disclose his or her identity when preparing pleadings and other documents filed with a tribunal,“ Board Chairman David A. Jividen wrote in his Nov. 8 opinion. “The Board also finds that when attorneys limit their representation of clients, they should follow certain procedures to ensure that the client is fully aware of and consents to the specific limitations and their possible ramifications.“
Ghostwriting is authoring a legal document for another who appears to be the actual author. It can include preparing pleadings or other documents filed with a court or preparing letters or other documents on behalf of a client.
“One significant concern is that preparing documents on behalf of a client that are filed with the court ... without disclosing the attorney’s authorship constitutes misrepresentation, fraud or lack of candor with the tribunal as well as with the opposing party,“ Jividen wrote in the opinion. “Ghostwritten documents can also possibly affect how the tribunal will view and treat certain litigants, particularly pro se parties.“
He also notes that if a court determines such a case is frivolous, it would require more time establishing attorney involvement and, if unsuccessful, would not be able to sanction the attorney involved.
The opinion does say attorneys don’t need to disclose their identities if a letter or document is not intended to be filed with a court or “authorship is not otherwise required by law.“ Also, helping a client prepare forms adopted by or used by courts and government agencies does not require disclosure.
The opinion also says attorneys should follow the Rules of Professional Conduct in these ghostwriting instances. It also says when an attorney has such a limited relationship with a client, a written agreement stating what the attorney will be doing—and won’t be doing - for a client is needed.
The West Virginia Access to Justice Commission voiced displeasure with the opinion.
The opinion “will damage the ability of many low- and middle-income West Virginians to obtain access to justice in West Virginia,“ wrote Chairman Robert S. Baker in a June 9 letter to the LDB. He said it “places unusually strong limitations on the practice of ghostwriting.“
“At a time when the American Bar Association and many state bars have voiced support for ghostwriting, the West Virginia Lawyer Disciplinary Board now seeks effectively to do away with the practice. This will injure both pro se litigants and our courts that serve substantial numbers of pro se litigants.“
Baker said that changing economic times have brought “a sea change” in how people seek access to justice.
“A litigant with limited means would rather obtain some help than none at all, and courts would rather pro se litigants have some attorney assistance than none at all. Unbundled representation is especially important in West Virginia Family Court, where estimates are that in about 75 percent of the cases both parties are appearing pro se.“
Baker says West Virginians deserve better than to be lost without help in a legal system they often don’t understand.
“When the most important parts of pro se litigants’ lives are at stake, attorneys can do better than leave them out in the cold,“ Baker wrote.
He said alternatives exist.
“The ability to ghostwrite documents that do not result in an appearance by the attorney is essential to give litigants a guiding light through a confusing legal system,“ Baker wrote.
~~ By Chris Dickerson - WV Record ~~
Gilmer County Circuit Court Report – 12.10.10
Judge Richard Facemire presided over Circuit Court in Gilmer County on Wednesday, December 08, 2010.
• One juvenile hearing was rescheduled for Monday, February 28, 2011 at 10:45 AM.
• One juvenile petition was dismissed.
• One juvenile hearing was rescheduled for Monday, February 28, 2011 at 10:30 AM.
• One juvenile was set for Monday, February 28, 2011 at 10:15 AM.
• One was rescheduled for Thursday, January 20, 2011 at 9:00 AM.
State of West Virginiavs. Genelle Schoolcraft
She was sentenced to 1-5 in the penitentiary with that sentence to run consecutive to her other sentences that she is already serving.
She was fined $5,000.00 and court costs and must pay it within 18 months of her release.
She was represented by R. Russell Stobbs of Weston.
State of West Virginia vs. Aubrey Osborne
He was sentenced to 1-5 years in the penitentiary and fined $10,000.00 and court costs and must pay it within 2 years of his release.
He was also represented by R. Russell Stobbs of Weston.
Chief Judge Jack Alsop will hold motion day in Gilmer County on Monday, December 13, 2010.
Family Court Judge Larry Waited also was in Gilmer County on Wednesday for domestic violence cases.
Judge Appointed in Third Judicial Circuit
Acting Governor Earl Ray Tomblin announced on Wednesday, December 08. 2010, his appointment of Timothy L. Sweeney as judge in West Virginia’s Third Judicial Circuit.
Sweeney, a native of St. Marys, will fill the seat of Judge Robert Holland, who died in September.
Sweeney had served as Pleasants County Prosecuting Attorney since 1985.
Cynthia Loomins and Rocco Mazzei were also considered for the seat.
Tomblin says Sweeney was the right pick.
“Tim has dedicated many years of public service to Pleasants County and after much thought and consideration, I determined that he possesses the broad experience and knowledge necessary to keep this circuit and the surrounding region productive for many years to come,” Tomblin said.
Sweeney graduated from WVU with a business administration degree, before receiving a J.D. from WVU’s College of Law.
Sweeney has also served as the president of the West Virginia Prosecuting Attorneys Association, is a member of the West Virginia Trial Lawyers Association and a member of the National College of District Attorneys.
His appointment was effective last Wednesday.
WV Third Judicial Circuit includes Doddridge, Pleasant, and Ritchie Counties.
Gilmer County Prosecutor Lets the GSC Rape Case Go
Last fall Gilmer County citizens found out about a rape incident in the Glenville State College’s Pickens Hall dormitory. However, the GSC officials as well as the law enforcement officials declined any comment on the incident and acted as though it never happened.
To everyone’s surprise, in an article published in Parkersburg News and Sentinel on 12.02.10 reporter Jody Murphy reveals the Gilmer County Prosecutor is not going to make any prosecution in this case.
The report explains:
Parkersburg News and Sentinel’s JODY MURPHY Reported on December 02, 1010 -
Glenville State College student charged with sexual assault, stemming
from a September 2009 incident will not be prosecuted.
|Gilmer County Prosecutor Gerald
Hough said there was "no sustainable evidence" in a case of alleged
sexual assault against Edwin D. Kinnison.
|"I passed on indicting," Hough
said. "It is the discretion of the prosecutor to decide if there is
substantial evidence to decide if a crime has been committed. We looked
very hard at this case and decided the evidence was not substantial, not
sufficient to go forward."
|Kinnison was charged with
second-degree sexual assault in October 2009, stemming from an alleged
incident that occurred at Pickens Hall dormitory at Glenville State
College Sept. 29.
|The alleged victim claimed she was
assaulted after falling asleep on a couch. According to the criminal
complaint, when the alleged assault was over, the victim left the
lounge, went to her room and took a shower.
|The girl, accompanied by her
father, went to Stonewall Jackson Memorial Hospital for an examination.
She also was accompanied by a Gilmer County deputy sheriff and a
Glenville State College public safety officer. After the examination
authorities returned to the dormitory to retrieve evidence, which was
sent to the state police lab.
|Three days later an arrest warrant
|"She claimed she was violated,"
Hough said. "There was no medical evidence to substantiate it. It was a
he said, she said."
|Hough also said there was no video
or security footage to corroborate the allegation and the alleged victim
had "extensive prior intimacy" with Kinnison.
|Hough said if new evidence were to
surface, the possibility of an indictment remains.
|"I won't hesitate," he said.
|Hough said he has never lost a
sexual assault case he has taken to trial.
|"If it is solid and there is a
credible witness, it is worth taking," he said.
|A message left with Kinnson's
attorney, Kevin Hughhart, seeking comment was not returned.
Concerned citizens in the county feel the college should always disclose information that involves criminal activity or anything that has a potential to put citizens at risk.
In a small town such as Glenville, people feel relatively safe and some do not even lock their doors.
Several high school students attend classes at GSC, have work based job placement on campus, attend sporting events, and use the fitness center, library, football field, and track facility on a daily basis.
This is not the first time crimes committed by GSC athletes, faculty, or coaches have been covered up and we ask the Glenville State College officials not to tolerate such activities and to stop this practice of cover-ups for the sake of the college and the community.
After all, if those who participate in any type of criminal activity are punished by the college and our prosecutor, we will have a better college and safer community in the long run, wouldn’t we?
Isn’t it human nature that as long as you know you can get away with anything you will keep doing it?
Do we not have a good number of people in our community falling in this category?
Then Let’s please change the policies at the college and in our community for a greater good. Thank you.
Gilmer County Clerk Accused of Improperly Filing Records
The WV Record Reports (12.02.2010 7:30 AM):
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 2008 financing statement.
Summit Community Bank of Winchester, Va., filed a cross claim against the Gilmer County Clerk’s Office on Oct. 18 in U.S. District Court. The cross claim is part of the answer Summit’s Moorefield branch filed in the lawsuit brought against it, New Horizon Home Sales and Gilmer Housing Partners in March by Textron Financial Corporation for breach of contract.
Textron alleges Summit failed to abide by the terms of a 2005 agreement in which Textron helped Summit purchase property in Glenville to build a home. They added Gilmer Housing Partners and Summit as co-defendants as a result of their seeking a declaratory judgment asserting their claims outweigh any Gilmer Housing Partners and Summit have against New Horizon.
In its cross claim, Summit alleges having to defend itself in the suit is partly a result of the clerk’s office’s negligence.
Conflict Occurs in 2008
In the original complaint filed on March 10, Textron, a Providence, R.I. commercial finance business on Sept. 26, 2005, agreed to finance Horizon’s acquisition of property in the River’s View subdivision in Glenville. Based in Athens, W. Va., Horizon sells modular homes.
Nearly three years later on July 2, 2008, New Horizon acquired title to two lots from the previous owner, Gilmer Housing Partners. According to the Secretary of State’s Office, Gilmer Housing Partners is a for-profit real estate development business whose sole incorporator and manager is Glenville State College President Peter B. Barr.
Purchase of the two lots was secured through a deed of trust Gilmer Housing Partners granted New Horizon in exchange for a $30,000 promissory note. The deed of trust was recorded on filed with the clerk’s office on Aug. 8 with Glenville attorneys Timothy and R. Terry Butcher listed as the trustees.
Later on Dec. 1, Textron maintains it filed a Uniform Commercial Code filing statement with the clerk’s office asserting an interest in a modular home New Horizon was placing on the property it purchased from Gilmer Housing Partners. The suit does not provide any details of the home.
According to the suit, New Horizon 10 days later took delivery of the home, and placed it on the property. Twelve days later, they granted a lien to Summit through a real estate deed of trust.
Records show, the deed of trust was recorded in the clerk’s office on Jan. 30, 2009, with Mark H. Wright and C. David Robertson of Moorefield listed as the trustees.
According to the 2005 agreement it reached with Textron, New Horizon “agreed to keep the Collateral free from all liens and encumbrances except for the security interest granted to [Textron] in the Collateral.“ Also, New Horizon was to “hold the proceeds from any sale of Collateral in trust for [Textron] and upon receipt of sale proceeds, remit ... the total unpaid invoice cost of each modular home unit sold from its inventory.“
In the suit, Textron alleges New Horizon breached their contract when they not only “received permanent financing from Summit,“ but also when they sold two additional modular homes totaling $160,462 without remitting unpaid invoice costs.
After it did not receive a reply to its first notice of default letter on June 30, 2009, from Jones, Textron says it sent a second letter dated Dec. 17, 2009, asking for all unpaid invoice costs of $270,166.77.
In the suit, Textron asks for recovery of the $270,166.77 as well as court costs, and attorney fees. They are represented by Arch W. Riley, Jr. and Christina S. Terek from Spilman Thomas and Battle’s Wheeling office.
In the answer he filed, Summit’s attorney Edward D. McDevitt with the Charleston law firm of Bowles, Rice, McDavid, Graff and Love, admitted they have a priority lien on the home New Horizon placed on the Glenville property. However, Textron cannot claim Summit was “noticed” of its interest in the property through the Dec. 1, 2008,
UCC filing with the clerk’s office because it was defective.
In the cross claim, McDevitt alleges the filing only listed Jack Jones, New Horizon’s president, as a debtor, and not New Horizon. On an unspecified date, Summit inquired to incoming Clerk Jean Butcher why New Horizon was not listed as a co-debtor on the fixture filing.
Last month, Butcher was elected clerk to replace Beverly Marks who retired.
According to Butcher that’s “‘the way it’s been done for years’” since “there is no policy, rule or law that designates” otherwise. However, she said if someone put a note on the filing specifically asking that another party be listed, the clerk would do it for no additional fee.
The clerk’s “customary office practice,“ McDevitt said, is contradicted by state law. Specifically, he quoted West Virginia Code 39-2-2 which requires “the clerk to index the writing under ‘all grantors and grantees,‘ which would include all debtors and creditors on a fixture filing.“
Because the clerk’s office “willfully and negligently breached its statutory duty by failing to file the fixture filing under New Horizon’s name,“ McDevitt said Summit now has to defend itself in Textron’s lawsuit. They seek judgment against the clerk’s office for all litigation costs, including attorney’s fees, associated with its defense.
In response to the cross claim, the clerk’s office’s attorney, Wendy Greve, with the Charleston law firm of Pullin, Fowler, Flanagan, Brown and Poe filed a motion to dismiss on Nov. 29 citing the failure of Summit to state a claim on which relief can be granted, and the Gilmer County Commission’s immunity from lawsuits.
The case is assigned to Judge Frederick P. Stamp, Jr. It is scheduled for trial March 29.
U.S. District Court for the Northern District of West Virginia, case number 10-cv-39
~~ By Lawrence Smith - The WV Record ~~
Ritchie County: Florida Man Says He Hasn’t Seen Oil Well Money
A Florida man claims he has not been paid for his interest in oil wells on land in Ritchie County.
Clifton G. Valentine filed a lawsuit November 08, 2010 in U.S. District Court for the Northern District of West Virginia against Sugar Rock, Gerald D. Hall and Teresa D. Hall.
Valentine claims he owns interests in four oil and gas mining wells in Ritchie County along with Sugar Rock, which operates the wells.
However, Sugar Rock failed to account for the proceeds and expenses of the Ritchie County wells and failed to pay Valentine for his interest in the wells, according to the complaint.
Valentine claims he owns 3/32, 2/32, 5/32 and 1/32 in the wells and has lost money because of the defendants’ failure to pay him.
Valentine names the Halls as defendants because Gerald D. Hall is president of Sugar Rock while Teresa D. Hall is secretary.
In his complaint, Valentine wants the court to order Sugar Rock to produce its records for the past 10 years.
He also seeks compensatory damages of more than $100,000 or the amount he is owed for his interest in the wells and punitive damages, plus attorney’s fees, costs and other relief the court deems just.
James S. Huggins of Theisen Brock in Marietta, Ohio, will be representing him.
U.S. District Court case number: 1:10-cv-193
~~ By Kelly Holleran - The WV Record ~~
Gilmer County Circuit Court Report - 11.29.10
Judge Richard A. Facemire presided over a 3 page motion day on Monday, November 29, 2010.
Three fugitives waived extradition to their respective states as follows:
Jeremy Brannum was wanted in Tennessee
Eric Ripplinger was wanted in Nevada
Tracey Lee Lane was wanted in New Jersey
All three fugitives were represented by R. Russell Stobbs of Weston.
• One juvenile was heard and reset for Monday, February 28, 2011 at 9:15 AM.
• Another was heard and reset for Monday, February 28, 2011 at 9:25 AM.
• Another juvenile was set for further hearing for Friday, January 07, 2011 at 9:00 AM.
• One juvenile was ill and the case was reset for Friday, December 10, 2010 at 9:00 AM.
• Another juvenile was heard and reset for Monday, February 28, 2011 at 9:45 AM.
• Another was heard and reset for Monday, February 28, 2011 at 9:50 AM.
• Another juvenile was continued to Friday, December 10, 2010 at 9:00 AM.
• A civil case involving wrongful death was before the Court and the insurance company paid and it will be completed upon entry of order.
• The civil case of Eddie Anderson vs. Gilmer County Board of Education, et al
It was before the Court on a motion to dismiss, which the Judge denied.
After a hearing before the board of education it will be rescheduled in Circuit Court.
• The bound over case of State of WV vs. James Michael McClure was before the Court on a motion to dismiss for not having been presented to the Grand Jury in a timely fashion.
There being no objection by the prosecuting attorney the Judge dismissed the case without prejudice.
• A magistrate case of State of WV vs. David Michael McEntire was before the Court for recusal of prosecutor.
However, the Judge ordered it be referred to the prosecuting attorney institute for a new one to be appointed (as is usually the case).
• A damages hearing in the case of State of WV vs. Billy Tomblin was heard.
After the probation officer determines the amount of damages the amount will be assessed by the Clerk as restitution and Tomblin has 4 years to pay it.
He was also ordered to pay at least $50.00 per month toward court costs and restitution, which Tomblin has already made 2 payments, including one on Monday to the Circuit Clerk.
He was represented by David Karickhoff of Sutton, WV.
• State of WV vs. Stephanie Smarr was before the Court for sentencing upon her former plea.
Judge Facemire sentenced her to 1-10 in the penitentiary but suspended the execution of the sentence and placed her on 5 years probation.
She was fined $100.00 and must pay court costs and $150.00 restitution to the victim within 6 months.
She also must perform 100 hours of community service per year of probation.
She was represented by Christina Flanigan of Buckhannon.
• A magistrate appeal involving John Zsigray and Gilmer PSD was before the Court and Zsigray asked for a continuance which was denied by the Court as not being properly filed and not complying with the rules.
The Judge also dismissed the case and ordered Zsigray to pay the costs.
Family Court Judge Larry Whited appeared and heard a domestic violence case on Monday.
CommunityConcerns™: A Week Has Passed, But the Concerns Remain as Well as Secrecy
As it was reported on Monday, October 18, 2010 by the Gilmer Free Press, a lawsuit was filed on 10.18.2010 in The United States District Court for the Northern District of West Virginia against multiple parties including the Office of the Gilmer County Clerk.
In addition to Gilmer County Clerk’s Office, the local Gilmer Housing Partners, LLC, a West Virginia limited liability company is also named in the lawsuit. Summit Community Bank, New Horizon Home Sales, and others are also involved in the lawsuit.
The lawsuit claims The Gilmer County Clerk’s Office willfully and negligently breached its statutory duty by failing to file the Fixture Filing under New Horizon’s name.
The Gilmer County Clerk’s Office claims their practice of filing method of documents has always been the same. However, those who use the documents in the Clerk’s Office disagree. They state the practice under previous Gilmer County Clerk Luella Stalnaker was not like it is now.
The Gilmer Housing Partners, LLC is the entity which owns the River View development on WV Highway 5 East behind the Otterbein Church on Otterbein Drive in Glenville.
Citizens have often questioned the Gilmer Housing Partners and its ties with Glenville State College.
Questions were raised about this entity during the New Dormitory Bond hearings and meetings at the Gilmer County Commission. However, the GSC officials who were present always refused to respond.
The following is the information reported by multiple concerned citizens to the Gilmer Free Press about this property named in the lawsuit:
• The property was owned by Joe Putnam former Glenville Mayor and businessman with a lien on the property to ILM.
• Damage and Slip was caused to WV Highway 5 E (East bound lane) while doing excavating work on the property resulting in purchase of additional property by WVDOH to move and fix the highway.
• The Bureau Of Prisons filled in the property at a reported cost of $1,000,000.00 at no expense to Putnam to elevate it in the flood plain.
• ILM took possession of the property.
• GSC President Dr. Barr got involved to push the housing development as a great example of progress for Gilmer County.
• There was an artist’s rendition of what the completed project would look like and Dr. Barr showed it at a Business after 5 meeting.
• ILM sponsored a fund raiser at his house. Members of the elite attended and reportedly five of them put up $25K each for the project.
• The report in local media listed donors to include R. Terry Butcher from Glenville, Bob Jones from Sand Fork and others.
• At first it seemed that the project was sponsored by the GSC Housing Corporation. Then, there was supposedly a change to put it under another non-profit entity.
• Whether the Gilmer Housing Partners, LLC is still part of GSC is unknown. However, Dr. Barr has been involved in the transaction.
• The status of this entity as well as many other organizations under GSC’s umbrella such as the Foundation, Housing Corporation, Pioneer Athletics, supposedly a research corporation and who knows what else including names of individuals who serve on the entities has always been a mystery.
Following are the printable Court documents involving this lawsuit:
• U.S. Federal Court Document - 34-Main
• U.S. Federal Court Document - 34-1
• U.S. Federal Court Document – 34-2
• U.S. Federal Court Document - 35-Main
• U.S. Federal Court Document - 35-1
• U.S. Federal Court Document - 36
• U.S. Federal Court Document - 37-Main
• U.S. Federal Court Document - 37-1
• U.S. Federal Court Document - 37-2
• U.S. Federal Court Document - 37-3
• U.S. Federal Court Document - 37-4
• U.S. Federal Court Document - 37-5
• U.S. Federal Court Document - 37-6
• U.S. Federal Court Document - 37-7
• U.S. Federal Court Document - 03-Main
• U.S. Federal Court Document - 03-1
• U.S. Federal Court Document - 03-2
• U.S. Federal Court Document - 03-3
• U.S. Federal Court Document - 03-4
• U.S. Federal Court Document - 03-5
• U.S. Federal Court Document - 03-6
• U.S. Federal Court Document - 03-7
• U.S. Federal Court Document - 03-8
• U.S. Federal Court Document - 03-9
• U.S. Federal Court Document - 03-10
• U.S. Federal Court Document - 06-Main
• U.S. Federal Court Document - 06-1
• U.S. Federal Court Document - 06-2
• U.S. Federal Court Document - 01
• U.S. Federal Court Document - 05
• U.S. Federal Court Document - 07
• U.S. Federal Court Document - 08
• U.S. Federal Court Document - 10
• U.S. Federal Court Document - 19
• U.S. Federal Court Document - 21
• U.S. Federal Court Document - 22
• U.S. Federal Court Document - 26
• U.S. Federal Court Document - 28
• U.S. Federal Court Document - 36
• U.S. Federal Court Document - 38
• U.S. Federal Court Document - 40
• U.S. Federal Court Document - 41
• U.S. Federal Court Document - 42
• U.S. Federal Court Document - 43
• U.S. Federal Court Document - 44
• U.S. Federal Court Document - 45
As always we report, you decide.
Lewis County Man Blame Manufacturer for Roller Accident
A Lewis County man has filed suit against the heavy equipment manufacturer that he claims manufactured a roller that defectively failed to turn off when it flipped on its side, causing burning oil to spew on the man.
James R. Stutler Jr. claims he was operating a roller machine manufactured by Terex on October 06, 2008, when the incident occurred.
“That part of the highway on the edge of the road gave in causing the Terex roller and the Plaintiff to fall down a hillside at which time the Terex roller did not land in a vertical position,“ Stutler’s suit filed Oct. 1 in Lewis Circuit Court states.
“The Terex roller which was produced by the Defendant herein did not shut its motor off when the Terex roller was not vertical. The same caused the Terex roller to continue operation and spew boiling oil onto the body of the Plaintiff herein.“
Because of the accident, Stutler sustained third-degree burns to his body, which required substantial medical care and resulted in permanent scarring, and suffered extreme pain, suffering, mental anguish, annoyance and inconvenience, according to the complaint.
Stutler blames Terex for causing his injuries, saying it negligently failed to provide an adequate mechanism to shut the Terex roller off when it was no longer upright.
But Terex denies Stutler’s allegations against it, saying Stutler’s injuries were caused by a superseding cause.
“The subject product and the component parts of such product conformed to the general state of the art with respect to design, use and manufacture of such product at all times relevant to this litigation,“ the suit states. “This subject product was not used as intended and/or was altered, misused and/or modified such that Plaintiff’s claims are barred.“
In his complaint, Stutler is seeking attorney fees, costs and other relief the court deems just.
Terex wants to see Stutler’s complaint dismissed and wants to be awarded costs, attorney’s fees and other relief the court deems just.
Terex removed Stutler’s complaint to U.S. District Court for the Northern District of West Virginia, alleging Stutler is seeking more than $75,000 and is a resident of a different state than the Delaware-based company.
Steven B. Nanners of the Law Offices of Nanners and Willett in Buckhannon will be representing Stutler.
Andrew B. Cooke of Flaherty, Sensabaugh and Bonasso in Charleston will be representing Terex.
U.S. District Court case number: 2:10-cv-120
~~ By Kelly Holleran - The Record ~~
Gilmer County Circuit Court Report - 11.22.10
On Monday, November 22, 2010 Chief Judge Jack Alsop appeared in Gilmer County and held 4 bond hearings as follows:
• State vs. Brian Hardesty
Judge Alsop reinstated his $5,000.00 bond and he will be released from jail with his trial continued to March, 2011 term of Court.
• State vs. Jimmy Stump
Judge Alsop set his bond at $10,000.00 and B&B Bonding posted that and Stump’s trial was continued to March, 2011 term of Court.
• State vs. Angel Hart
Judge Alsop set her bond at $30,000.00 and B&B Bonding posted that and Hart’s trial was continued to March, 2011 term of Court.
Hardesty, Stump and Hart were all represented by R. Russell Stobbs of Weston.
• State vs. Cecil Smallwood
After he was arraigned and pled not guilty to all 3 counts of the indictment, bond was set at $50,000.00 and his trial was also continued to the March 2011 term of Court.
He was represented by Daniel Grindo of Gassaway.
His bond was also posted by B&B Bonding.
All 4 have now been released from jail.
Calhoun County Man Sentenced to 30 Years in Shooting Deaths
A Calhoun County man whose manslaughter and robbery convictions were overturned by the WV Supreme Court has been re-sentenced to 30 years in prison.
WCHS TV reports that 24-year-old Ronnie Rush was sentenced for two counts of voluntary manslaughter.
The charges stem from the 2003 shooting deaths of 69-year-old Warden Groves and 60-year-old Mary Hicks.
Rush was 16 and deemed mentally impaired when the two were killed in their Sand Ridge residence in May of 2003.
Ronnie Rush had been staying with them at the time.
Rush was convicted in 2004, but the verdict was overturned two years later.
Rush was sentenced last Friday in Ripley.
Gilmer County Family Court Report – 11.19.10
Gilmer County Family Court Judge Whitedheld court in Gilmer County on Friday, November 19, 2010.
• He had a full docket and stayed in Gilmer County until 3:00 PM.
• One allocation petition was rescheduled for Friday, December 03, 2010.
• Another was heard but not reset.
A motion for temporary relief in a divorce case was continued to allow plaintiff to obtain an attorney.
• Another divorce was dismissed.
• Another was heard but the attorney will prepare the order.
• Judge Whited performed a wedding at Noon.
• He dismissed a modification proceeding.
Judge Whited signed and granted two divorces as follow:
• Carrie Wildman (34) of Sand Fork divorced David Wildman (51) of Metz, WV.
• Mark Beall (39) of Glenville divorced Lisa Beall of Glenville, WV.
Oddly Enough: Woman Gets Prison for Special Olympics Theft
A former bookkeeper for the West Virginia Special Olympics has been sentenced to six months in federal prison in the theft of more than $163,000 from the nonprofit group.
U.S. District Judge Thomas E. Johnston also ordered 48-year-old Victoria Jarvis of Mineral Wells this week to pay restitution, serve an additional two months of home confinement and three years of supervised release.
Jarvis pleaded guilty in June to identity theft.
Federal prosecutors say Jarvis admitted that from 2002 to 2008 she used a computer and software to make counterfeit checks payable to herself.
She then placed the computer-generated signature of the Special Olympics’ CEO on the checks and deposited them into her own account.
Gilmer County Circuit Court Report - 11.15.10
On Thursday, November 04, 2010 Chief Judge Jack Alsop called the entire criminal docket in open court.
Warrants were continued and will be reissued for:
• Brandon M. Leady
• William Davis McHenry
• Erin Jason DeWall
• Matthew Snyder
• Jaimey Gaines
• Daniel Riffle
• Jack E. Crawford
• Thomas Rusley
• Bernard Johnson
• Robert Baskin (2 counts)
• Christina Gayle Coombs (2 counts)
• John Gorzynki (2 counts)
• Sandra Frick
• Edward Charles Thompson Jr.
• Walter Wallace Adkins
• Darrell J. Ford
• Travis M. Buford
• Justice Graham
• Angela Sane
• Kevin Neil Garrett
• Justin Derek Antoine
• Johnnie Smith
• Justin Miller
• Gary Terreal Shivers
• Jackie D. Belknap
• Joseph Stankiewitch
• State vs. James Eugene McCune
He was before the Court having been arrested on a 2005 warrant for failure to appear after being indicted in case #05-F-33.
He was arraigned and pleaded not guilty to all 4 counts of his indictment.
Judge Alsop did lower his bond to $50,000.00 good and sufficient surety to be approved by the Clerk of the Circuit Court.
His trial is set for Tuesday, February 01, 2011 and his pre-trial is Friday, January 21, 2011 at 1:00 PM.
He is represented by Christopher Moffatt of Charleston.
Later on Monday, November 08, 2010, AAA Bonding posted bond and McCune was later released from Central Regional Jail.
• State of WV vs. Justin Wortham
He was previously sentenced to 1-5 in the penitentiary upon his former plea of guilty to one count of delivery of a controlled substance (marijuana).
However, after serving 6 months of his sentence Judge Alsop released him and placed him on 5 years probation and ordered him to do 120 hours of community service.
Prosecutor Hough objected to his early release, and Judge Alsop commented how strange that was since initially he had recommended probation for defendant.
Hough responded that he felt since Justin had not completed substance abuse class that he should not be released at this time.
The judge did reconsider defendant’s sentence and released him from jail.
• A juvenile case was heard until 5:00 PM.
On Monday, November 08 Chief Judge Jack Alsop returned to Gilmer County and held his regular monthly motion day.
• Kamal Thomas a fugitive from justice wanted by the state of Virginia was before the Court represented by his court appointed attorney, Keisha May.
Thomas waived extradition and authorities in VA have until 4:00 PM on Wednesday, November 17, 2010 to pick him up or Central Regional Jail will release him.
• A juvenile case was heard and reset for Monday, December 13, 2010 at 10:30 AM.
• Another juvenile was heard and reset for Monday, January 10, 2011 at 9:30 AM.
• Two juvenile cases will soon be dismissed.
• A jury trial was set for a juvenile on Wednesday, December 08, 2010.
• State vs. Jeremy Wolfe was before the Court for reconsideration of his sentence, but the Judge denied the same.
• State vs. Lloyd Kendrick Stewart
He was before the Court to have his gun rights restored to him.
However, after the hearing Judge Alsop ordered petitioner to file a brief within 30 days and the prosecutor has 20 days thereafter to respond. Then he will rule on the matter.
• State of WV vs. Scott Hacker
He was before the Court for expungement of his record, which the Judge granted after restating he felt it was contrary to the proper administration of justice for the prosecutor to dismiss the felony on him 5 years ago.
However, he cannot tell the prosecutor who to try, and since the felony was dismissed he granted the expungement of the record.
Steve Manners of Buckhannon represented Hacker and will prepare the order.
• A civil case was not heard, but will be rescheduled for Monday, December 13, 2010 at 11:00 AM.
On Tuesday, November 09, 2010 Judge Alsop arraigned the 17 people indicted by the Grand Jury on November 03, 2010.
• Kevin Curry saw his trial set for Wednesday, January 26, 2011.
His bond was reduced to $10,000.00 which he has now posted and will be released from jail.
He was represented by Christina Flanigan of Buckhannon.
• James Roberson had his case continued until the March, 2011 term of Court.
He was represented by Kevin Hughart of Sissonville.
• Angel Hart had her case continued until the March, 2011 term of Court.
However, she flunked her drug screen and Judge Alsop sent her to jail until her trial.
She was represented by Christina Flangian in the absence of R. Russell Stobbs of Weston who was in the hospital and unable to appear for arraignments.
Jimmy Sandy had his case continued until the March 2011 term of Court. He is represented by Christopher Moffatt of Charleston.
• Brian Hardesty failed to appear and a warrant was issued for his arrest and bond was set by Judge Alsop at $75,000.00.
Later in the day Hardesty was transported to Central Regional Jail.
He was also represented by Flanigan due to Stobbs’ inability to attend Court.
Judge Alsop later set a bond hearing for Mr. Hardesty for Monday, November 22, 2010 at 9:00 AM.
• Jimmy Stump had his case continued until the March, 2011 term of Court but later flunked his drug screening and was sent to jail until his trial.
He was also represented by Flanigan in the absence of Stobbs.
• Roseann Shelton had her case continued until the March 2011 term of Court.
She was represented by David Karickhoff.
• Kenneth McCord had his case continued until the March 2011 term of Court and he was also represented by Karickhoff.
• James Shields was arraigned and asked for a trial this term of Court.
He was represented by Brian Bailey of Horner, WV and his trial will be Thursday, February 03, 2011 at 9:00 AM.
His pre-trial will be heard on Friday, January 14, 2011 at 11:00 AM.
• Stephanie Smarr had her case continued until March 2011 term of Court and was represented by Christina Flanigan of Buckhannon.
• Shanna M. Johnson had her case continued until March 2011 term of Court and was represented by Brian Bailey.
• Laura LaFever had her case continued until March 2011 term of Court and was represented by Karickhoff.
• Cecil Smallwood failed to appear for arraignment and his arraignment was continued until March 10, 2011 and when he still failed to appear a warrant was issued by the Clerk for his arrest and his bond is set for $100,000.00.
He was represented by Daniel Grindo of Gassaway.
The prosecuting attorney was directed to send a notice to B&B Bonding to appear at 10:45 AM on Monday, December 13, 2010 to show the cause why the bond should not be forfeited.
• Shannon Marks had her case continued to the March 2011 term of Court and she was represented by Christina Flanigan.
• Mike Marks appeared for arraignment and had his case set for trial onThursday, January 27, 2011 at 9:00 AM.
However, he later flunked his urine test and the Judge sent him to Central Regional Jail to await trial.
He is represented by Grindo.
• Danny Reaser had his case continued to the March 2011 term of Court.
He is represented by Kevin Hughart
• Telerra L Lowry had her case continued until March 2011 term and is represented by Grindo.
• On Wednesday, November 10, 2010 a habeas corpus hearing was heard in the case of Henry Jenkins, who is represented by Christina Flanigan.
Both sides will file briefs in the matter and Judge Alsop took it under advisement and will rule at a later date.
Judge Alsop also heard and granted a probation revocation case.
Judge Richard A. Facemire will hold his regular monthly motion day on Monday, November 29, 2010.
Gilmer County Family Court Report - 11.12.10
On Friday, November 05, 2010, Family Court Judge Larry Whited appeared and spent most of the day in Gilmer County holding hearings.
• One allocation of custody petition was continued.
• One divorce was dismissed again after having been reinstated to the Court’s docket.
Once again it was dismissed because the plaintiff and her attorney were both late for the hearing.
• A temporary order was entered in a paternity case, the Wildman divorce was rescheduled for Friday, November 19, 2010 at 2:00 PM and a petition for allocation was granted in another case.
• One divorce was granted as follows: David Rich (36) of Hartsville, South Carolina divorced Karmen Rich (38) of Glenville.
Two more divorces were entered on Friday, November 12, 2010 as follows:
• Paul T. Latos (57) of Wheeling divorced Deborah E. Latos (56) of Linn, WV.
• Norman Craig Tallhamer (43) Divorced Kerrie D. Tallhamer (39) of Glenville.
Gilmer County Grand Jury Returns 17 Indictements
Seventeen indictments were returned by the Gilmer County Grand Jury on Wednesday, November 03, 2010 as follows:
• STATE OF WV vs. KEVIN CURRY
Indicted for grand larceny and conspiracy (2 counts)
• STATE OF WV vs. JAMES ROBERSON
Manufacture, delivery or possession of a controlled substance with the intent to manufacture or deliver a schedule I controlled substance and conspiracy (2 counts)
• STATE OF WV vs. ANGEL HART
Manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule I controlled substance and conspiracy (2 counts)
• STATE OF WV vs. JIMMY SANDY
Manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule I controlled substance and conspiracy (2 counts)
• STATE OF WV vs. BRIAN HARDEST
Indicted for grand larceny (1 count)
• STATE OF WV vs. JIMMY STUMP
Indicted for Grand Larceny and Conspiracy (2 counts)
• STATE OF WV vs. TELERRA LOWERY
Manufacture, delivery or possession of a controlled substance with the Intent to manufacture or deliver a schedule I controlled substance and conspiracy (2 counts)
• STATE OF WV vs. ROSEANN SHELTON
Indicted for second offense driving under the influence of alcohol and child neglect creating risk of injury (2 counts)
• STATE OF WV vs. KENNETH McCORD
Indicted for sexual abuse by a custodian (10 Counts)
• STATE OF WV vs. JAMES SHIELDS
Indicted for sexual abuse by custodian (5 Counts)
• STATE OF WV vs. STEPHANIE SMARR
Indicted for forgery and uttering (2 counts forgery, 2 counts uttering) Conspiracy to Commit an Offense Against the State (1 count)
• STATE OF WV vs. SHANNA MARIE JOHNSON
Indicted for 2 counts of forgery and 2 counts of uttering and conspiracy (5 counts total)
• STATE OF WV vs. LAURA LeFEVER
Indicted for entering without breaking, petit larceny and contributing to the delinquency of a minor. (3 counts)
• STATE OF WV vs. CECIL SMALL WOOD
Indicted for Driving under the influence-third offense, Third offense driving while license suspended or revoked for DUI and reckless driving (3 counts)
• STATE OF WV vs. SHANNON MARKS
Indicted for conspiracy to commit an offense against the state, possession of a controlled substance with the intent to deliver (2 counts)
• STATE OF WV vs. MIKE MARKS
Indicted for conspiracy to commit an offense against the state, possession of a controlled substance with the intent to deliver, delivery of a controlled substance within 1000 feet of a school (3 counts)
• STATE OF WV vs. DANNY REASER
Indicted for failure to provide sex offender registration change of information.
All persons who were indicted were to appear on Tuesday, November 09, 2010 at 9:00 AM for arraignment.
Election 2010: Tighter Timeline
There’s a tight timeline this week for the state’s 55 counties to finish vote canvassing if Governor Joe Manchin is going to be sworn-in as a member of the U.S. Senate next Monday.
Secretary of State Natalie Tennant says all canvassing need done by Noon on Tuesday, so it can give the necessary 48-hour period where someone could ask for a recount.
According to Gilmer County Clerk Beverley Marks, the election has to be certified and in Secretary of State’s office on Friday.
Gilmer County is finishing vote canvassing today, and the Commissioners are scheduled to certify the election on Friday at 9:00 AM.
The 48-hours would be completed at Noon on Friday (because of Veterans Day Thursday),“ Tennant said. “That would give the secretary of state’s office and governor’s office time to get everything signed. Time for us to give him his papers to take to D.C. so he could be sworn-in on Monday.“
The lame-duck session of Congress begins next Monday and Manchin wants to be there to gain seniority on other senators recently elected.
Lewis County Grand Jury Indicts Twenty Five Individuals
• Justin Sean Gum, 25, of Camden, and Gregory Alan Smith, 53, of Weston, are both charged with first-degree murder in unrelated incidents. Smith is also facing five charges of wanton endangerment.
Gum is charged with shooting his father, 55-year-old James Gum, during what police say was an alcohol-fueled domestic dispute at their home along U.S. 33 west on September 19, 2010. Gum has been held without bond in the Central Regional Jail since the shooting.
• Smith, who is being held in the Central Regional Jail without bond, is accused of shooting 50-year-old Gary Wilfong on October 17, 2010 in the parking lot of the Quarry Glenn Apartments near Weston. Smith was a resident at the apartments, and Wilfong was a maintenance worker. The two were allegedly arguing prior to the shooting, but police have not released any information regarding what led to the altercation.
• 23-year-old Larry Eugene Reel Jr., of Bridgeport. He is charged with two counts of fleeing in a vehicle while intoxicated and two counts of assault during the commission of a felony.
• Christopher Todd Smith, 38, of Grantsville, was indicted on three counts of obtaining property in return for a worthless check.
• Emmett W. McCauley, 45, of Elkins, on a forgery charge.
• James L. Pickens, 70, of Weston, was indicted on one count of driving under the influence, one count of having a blood-alcohol level above 0.08 and one count of driving while having a license revoked.
• David M. Shaver, 21, of Alum Bridge, was indicted on three counts of uttering and three counts of forgery.
• James V. Curtis, 37, of Weston, was indicted on one count of a Sex Offender Registry violation.
• James L. Frame, 35, of Beckley, was indicted on four counts of failure to pay child support.
• Ricky Wegman, age unavailable, of Weston, was indicted on one count of delivery of a controlled substance and one count of conspiracy.
• Regina Kay Wagoner, 27, of Tallmansville, was indicted on two counts of conspiracy, one count of being an accessory before the fact to a clandestine drug lab and one count of being an accessory before the fact to the illegal storage of anhydrous ammonia.
• Pam Wegman, 51, of Weston, was indicted on one count of delivery of controlled substance and one count of conspiracy.
• James Everrett Hovis, 24, of Rock Cave, was indicted on two counts of conspiracy, one count of having a clandestine drug lab and one count of illegal storage of anhydrous ammonia.
• Donald T. Mills Jr., 32, of Weston, was indicted on one count of forgery, one count of uttering and one count of attempted uttering.
• Richard Harper Padgett, 25, of Weston, was indicted on one count of delivery of a controlled substance within 1,000 feet of a school and one count of conspiracy.
• Jason Claypoole, 22, of Ireland, was indicted on one count of burglary, one count of grand larceny and one count of conspiracy.
• Amy Posey, 29, of Weston, was indicted on two counts of conspiracy.
• Clarence Noel Slaughter, 53, of Weston, was indicted on two counts of Sex Offender Registration violations.
• Melissa Faye Henline, 41, of Horner, was indicted on 10 counts of uttering lottery tickets and one count of grand larceny.
• Shawn Wythe O’Meara, 27, of Orgas, was indicted on one count of failing to provide support to a minor.
• Johnny Blake Sowards Jr., 25, of Salt Rock, was indicted on one count of grand larceny, one count of daytime burglary and one count of attempted grand larceny.
• Terry Hardman, 44, of Weston, was indicted on two counts of manufacturing a controlled substance.
• Derek Tyler Merritt, 18, of Weston, was indicted on one count of the malicious killing of an animal.
• Anna Turner, 34, of Weston, was indicted on two counts of child abuse.
• Danny Wayne Kemper, 57, of Washington, Pa., was indicted on one count of DUI over 0.08.
Arraignments for those indicted will be held at 9:00 AM Friday, November 05, 2010 in Lewis County Circuit Court.
WV County Boards to Appeal Dismissal of Benefits Case
Several county school boards plan to take a dispute over who is responsible for retiree health care benefits to the West Virginia Supreme Court.
In September, a circuit judge threw out a lawsuit filed by 50 of the state’s 55 school boards that challenged the constitutionality of a 2006 law.
The law allows the Public Employees Insurance Agency to charge government employers yearly amounts to address the state’s unfunded liability from non-pension retiree costs.
The school boards say the state should have sole responsibility for funding retiree health care costs.
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