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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 ~~

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.

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