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Gilmer County Board of Education Meeting Monday - 04.25.11

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

Meeting is held at Gilmer County High School Library.

Gilmer County Circuit Court Report - 04.11.11

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


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


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

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

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

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


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


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

Gilmer County Family Court Report - 04.11.11

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

Divorces were granted as follows:


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


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


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


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


•  Another allocation petition was dismissed.

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

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


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


TEXTRON FINANCIAL CORPORATION, Plaintiff,

vs.

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

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

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


and


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

vs.

JACK D. JONES

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


Click BELOW for a Printable Copy of the Court Documents:

Court Document # 1

Court Document # 2

Court Document # 3

 

GFP - 04.12.2011
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Gilmer County Family Court Report – 04.04.11

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


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


•  Two domestics were dismissed and one was granted.


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


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


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


•  Judge Whited dismissed a domestic violence petition.


•  He entered temporary orders in 3 child support cases.


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


•  Jamie McKay divorced Dennis McKay on 04.04.2011


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

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

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

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

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

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

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

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

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

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

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

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

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

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

Gilmer County Circuit Court Report - 03.29.11

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


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


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


•  One juvenile matter was taken up.


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


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


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


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


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


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


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


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


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


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


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

GFP - 03.30.2011
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Federal Judge: Feds Wrongly Delisted WV Flying Squirrel

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

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

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

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

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

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

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

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

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Introduction:                     

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

Click to View the Report


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

Click to View the Report


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

Click to View the Report


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


Background:

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

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


United States Federal Court Ruling:

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

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

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

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

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


The following unanswered questions remain for the mystery:

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

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

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

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


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

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

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Jack Jones - New Horizon

Four Inmates at FCI Gilmer Sentenced

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

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

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

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

Inmates BATES and JENKINS caused injury to two staff members.

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

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

Gilmer County Circuit Court Report - 03.15.11

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

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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

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


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


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


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


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

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


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


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

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

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

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

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

•  A sixth juvenile was heard and dismissed.


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


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


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

Court Rules in Favor of Rich Rod in Home Sale Case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Gilmer County Grand Jury Returns 10 Indictments

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

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


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


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


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


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


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


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


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


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


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


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


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

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

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

Lewis County: Criminal Indictments Returned Against Twelve

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

Prosecuting Attorney Gary Morris made thirteen presentments involving twelve individuals.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

~~  GALAHAD ~~

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

Gilmer County Circuit Court Report - 03.03.11

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


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

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•  The state of Washington wanted Douglas J. Sclafani

 

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•  The state of Virginia wanted Antoine Lee.

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


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


Ten juvenile cases were heard and rescheduled as follows:

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


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


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


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


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

 

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

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

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

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


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


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

 

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

G-otcha™: Federal Grand Jury Indicts Area Individuals

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

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


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


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


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


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

Senate Committee Passes Pay Raise Bill for State Workers

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

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

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

The plan says:

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

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

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

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

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

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

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

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

Braxton County: Major Drug Bust and Arrest

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As the result of two years of investigations by WV State Police, along with other police agencies in Braxton County, 43 individuals were arrested with 60 felony warrants.

Most of the charges were related to trafficking of narcotic prescription medications.

•  Christopher Alton, of Duck – possession with the intent to deliver a controlled substance
•  Charles Ashley of Sutton – 3 counts of delivery of a controlled substance
•  Josh Balcourt of Burnsville – delivery of a controlled substance, conspiracy
•  Sherry Belknap of Frametown – possession with the intent to deliver
•  Sandra Bender of Frametown – conspiracy
•  Bryan Scott Blake of Glenville – delivery of a controlled substance
•  Clarence Buck Bender of Frametown – delivery of a controlled substance, conspiracy
•  Robbie Edward Brown of Frametown – manufacturing of a controlled substance, possession with the intent to deliver
•  Kevin Dale Burford of Sutton – 3 counts of delivery of a controlled substance, conspiracy
•  Ivy Carr, Sutton – 2 counts of possession with the intent to deliver, 3 counts of delivery of a controlled substance
•  Martin Craig Cogar of Sutton – 2 counts of delivery of a controlled substance
•  Ronald Jerry Criner, Sutton– conspiracy
•  Jerry Lynn Cutlip, Jr. of Sutton – 3 counts of delivery of a controlled substance, conspiracy
•  Charles Ed Dennison of Sutton – 2 counts of delivery of a controlled substance
•  Joseph Dobbins, Sutton - 3 counts of failure to register as a sex offender
•  Russell Patrick Dillon of Sutton – 3 counts of delivery of a controlled substance
•  Lukas Kent Given of Sutton – delivery of a controlled substance
•  Cristal Hanshaw of Erbacon – delivery of a controlled substance
•  Jesse Hardy, Sutton – conspiracy
•  Jeremy Chad Kniceley -  delivery of a controlled substance
•  Jessica Mace of Burnsville – conspiracy
•  Robert Martin of Sutton – delivery of a controlled substance, conspiracy
•  Travis McCray of Ireland – delivery of a controlled substance
•  Judy McIntyre of Sutton – delivery of a controlled substance, conspiracy
•  Gary Norris of Frametown – conspiracy
•  Kathleen Nunes of Sutton – delivery of a controlled substance
•  Denzil Patterson, Sutton – delivery of a controlled substance
•  Tammy Rhodes, Sutton – delivery of a controlled substance
•  Charles Robey, Sutton – 3 counts of delivery of a controlled substance, 3 counts of conspiracy
•  Brittany Robins, Gassaway – 3 counts of conspiracy
•  Joe Skidmore Jr. of Sutton – possession with the intent to deliver
•  Haley Stump, Sutton – delivery of a controlled substance, conspiracy
•  Darrell Tingler, Sutton – delivery of a controlled substance


Warrants have also been issued for:

•  Heather Bender
•  Deborah Brady
•  William Dale Freeman
•  Kathryn Lake
•  Charles Myers
•  Ordie Rose
•  Misty Sullivan
•  Raymond Douglas Truluck
•  Daniel Waller

Bonds ranged from $5,000 to $72,000 depending on the charges.

Gilmer County Magistrate Court Report – 02.14.11

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•  State of West Virginia vs. Mary Ann Starcher

Defendant appeared beforeMagistrate Wolfe for the purpose of a preliminary hearing on four counts child abuse resulting in injury.

Christina Flanigan defense counsel for the defendant filed two motions in the matter.

A motion to reduce bond was filed and denied by Magistrate Wolfe.

A second motion to waive the preliminary hearing was filed and granted by the court.

The case was transferred to the Gilmer County Circuit Court.

Starcher was remanded back to jail in lieu of bond.

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•  State of West Virginia vs. Yarica K. Jackson
Defendant appeared before Magistrate Wolfe for the purpose of a preliminary hearing on four counts of child neglect resulting in injury to children.

Kevin Hughart defense counsel for the defendant filed two motions in the matter.

Hughart requested that the matter be continued to allow for witnesses to be served with subpoenas, motion was granted.

The second motion was to waive the ten day rule allowing for a preliminary hearing.

Said motion was also granted.

A preliminary hearing will be scheduled later.

Jackson was remanded back to jail in lieu of bond.

Disciplinary Action Taken Against WV Lawyer

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The son of the late West Virginia Supreme Court Justice Joseph Albright Sr. has been suspended from practicing law for one year.

In an unsigned opinion, filed last week, the state Supreme Court issued disciplinary actions concerning seven client complaints of misconduct against Joseph Albright Jr.

In addition to the one year suspension, the court also required Albright to pay $1,800 in restitution to two clients, and meet with a psychologist.

Albright was publicly reprimanded by the Supreme Court in 2007 for professional conduct violations.

He will be eligible to petition for reinstatement in one year.

Gilmer County Family Court Report - 02.11.11

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On Friday, February 11, 2011 Family Court Judge Larry Whited appeared in Gilmer County and spent all day conducting hearings.

•  One divorce petition was dismissed.

•  Continued the divorce hearing between Kendra and Rodney Singleton until Friday, March 18, 2011 at 9:00 AM.

•  One modification hearing was cancelled.

•  One allocation of custody petition was continued to Tuesday, March 08, 2011 at 10:00 AM.

•  Four child support cases had temporary support orders entered.

•  One old divorce case saw contempt granted against defendant (who has, until Friday, March 11, 2011 to purge himself of contempt by paying money to plaintiff).

•  The divorce hearing between James and Dennis McKay was continued until Friday, March 18, 2011 at 10:30 AM.

•  One paternity case was continued.

•  One allocation petition was dismissed.

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Gilmer County Circuit Court Report - 02.14.11

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On Friday, February 11, 2011 Judge Jack Alsop conducted a juvenile hearing Gilmer County.


On Monday, February 14, 2011 Judge Alsop returned for his regular monthly motion day and spent most of the morning in Gilmer County hearing cases as follows:


Two fugitives from justice cases were before the Court, both defendants being represented by Daniel Grindo of Gassaway.

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•  The State of New York  wanted Jhirmick Cabbagestalk.

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•  The State of Virginia  wanted Tony Herrion.


Authorities in those states have until 4:00 PM Thursday, February 24, 2011 to pick the individuals up at Central Regional Jail or they will be released.

Both defendants were wanted for parole violations.


•  One juvenile case was heard and rescheduled for review on Monday, May 09, 2011 at 9:00 AM.

•  Another juvenile case was heard and rescheduled for review on Monday, May 09, 2011 at 9:15 AM.

•  A juvenile hearing was rescheduled for Monday, March 09, 2011 at 1:00 PM.

•  Another juvenile matter was heard.


•  State of West Virginia vs. Henry Howard Jenkins
Who was previously before the court for a habeas corpus hearing was resentenced today to not less than 5 nor more than 15 years in the penitentiary for 1 count of incest and not less than 5 nor more than 15 years for a second count of incest, with sentences to run consecutively.
The Judge resentenced him so that his new attorney can file an appeal on Jenkins’ behalf.
He is now represented by Christina Flanigan of Buckhannon.


•  State of West Virginia vs. Kevin Curry
Hearing was set for hearing on revocation of bond.
However, Kevin Curry failed to appear for his hearing.
Judge Alsop directed the Clerk to issue a bench warrant for his immediate arrest and set bond for $250,000.00.
Also the Prosecutor Hough  must notify AAA Bonding that they need to appear on Thursday, March 03, 2011 at 9:00 AM to show cause why Curry’s bond should not be forfeited.
Curry was represented by Christina Flanigan.


•  State of West Virginia vs. Bobby Wayne Townsend
He was before the Court for revocation of his home confinement.
However, the prosecutor’s office failed to file a petition to revoke.
Judge Alsop ordered it be filed within 5 days and scheduled an evidentiary hearing for Thursday, March 03, 2011 at 10:30 AM.
Kevin Hughart of Sissonville represented Townsend.


•  The civil case of Connie & Lloyd Stewart vs. Santander Consumer USA Inc. HSBC Auto Finance Inc. was before the Court on a motion to dismiss filed by defendants.
After argument of counsel the judge denied the motion to dismiss and entered a scheduling order for trial.
Pre-trial will be on Thursday, October 06, 2011 at 1:00 PM with trial to follow on Thursday, November 03, 2011 at 9:00 AM.
Mediation will be conducted prior to trial.

MURDER!  The Wrongful Death of Mark Medley Sanctioned by Gilmer County!!

The Gilmer Free Press 02.12.11: We are receiving comment from you on both sides of this issue. Please be advised that we CANNOT activate them unless we can verify the sender. Please contact us at “tellus@gilmerfreepress.net”, regarding your comment so we can activate it for you. Thank you - GFP


This may be by far the most difficult article and truthful account we have had to relay to our readers. We were both shocked and surprised to discover the same names and some of the same public officials named in prior reports of misconduct, involved in a murder case so disturbing as to be almost unbelievable. We have taken multiple separate days to interview public officials, Mary Ann Campbell and relatives to get the account of the cold blooded killing of Mark Medley on July 26, 2006 in Gilmer County, WV, and have discovered never before mentioned facts in a case that got a great deal of press, both on TV and in print during the murder trial of April 2007.

The purpose here is to show again the state of despair in the Gilmer County Prosecution and legal system in the past seven years where often the innocent gets punished and the guilty walks free.

 

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Gilmer County Prosecutor Gerald B. Hough

The matter of the statement made by Everett Campbell in court about having a 357 magnum on the floorboard of his car for deer hunting in late July really set the matter straight for another Gilmer County Court trial that was a complete mockery of justice from start to finish. There appears to be some very clear legal violations involving this murder trial gone wrong.

Reviewing this case and researching the data, we never once saw any information or an explanation as to why Everett Campbell possessed a firearm despite a past felony and an extensive criminal record.

Mark Medley was 40 years old when he was shot in the chest and killed by the blast from a long-barreled .357 revolver.

It is on record, according to Mary Ann Campbell, that Everett Campbell had threatened to shoot Medley prior to the July incident, which is certainly consistent with the action of premeditated murder.

According to a crime report, nearly 40% of all West Virginia murders are either directly or indirectly tied to domestic situations.

 

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Everett Campbell - CRJ Mugshot After Arrest

About an hour or so before the murder of Medley, Campbell spoke with Glenville Police Chief. Medley and Mary Ann Campbell asked for his help, but Chief Moss[1] refused saying most of his men were not available and out on call. Why couldn’t the Police Chief just do his job and help them himself?  What they were both looking for was an escort to avoid a problem and possible violent confrontation.

Chief Moss had to have learned through his police training that domestic issues can blow up into violence and the immediate concern was most certainly a legitimate request for a situation in which they were both unarmed.

After reviewing all the news coverage of the incident and interviewing people that were actually there and talking to Mary Ann Campbell who was an eye-witness to the shooting, we came to the conclusion that the only reasonable answer for any future dealings in similar situations is - don’t expect any help from law enforcement in Gilmer County and come to the confrontation heavily armed!

If you were to find yourself in the same situation where some whack job control freak fires the first shot, then you would have no choice but to unload the 70 round banana clip of 7.62 that you happened to bring for self defense. Then, maybe you would have a chance of living through a bad scene in Gilmer County, in which you can get not even one person connected to law enforcement to come to your aid.

In this specific instance, that was the only answer for what was going to work over in Sand Fork, WV that day. But, unfortunately for all of us and unfortunately for the Medley family, Mark did not bring the AK to the killing that day.

”Everett Campbell is nothing but a cold blooded killer, and most likely will commit crimes in the future every bit as heinous as his former crimes,” one public official stated after considering all the evidence and research completed on the slaying in Sand Fork!

After gathering facts from various sources during several interviews it is clear that the actual murder trial brought forward many false facts to confuse the jury and all the legal issues, and much of the real truth of the matter never made it to court. It was a case where David Karickhoff gave an excellent performance for the defense, against the second-rate performance by the Gilmer County Prosecutor, according to one law enforcement official.

Now this is an interesting concept considering Mary Ann Campbell was a witness for the prosecution but often made to feel that she was a defendant! She was often made to feel that she did something wrong. She was a mother who was separated from her children. Does anybody out there know what that feels like? 

Many times Gilmer County history has shown that officers of the court pre-arrange and pre-decide a case before it ever makes it into the courtroom despite the efforts of law officers to bring charges for the actual crime committed. This case is a very good example of a good ole back woods Gilmer County trial.

We learned specific information was given about the wrong doing of the Previous Gilmer County Circuit Clerk and the fact that two members of the jury were closely associated with the family of Everett Campbell. So there are some immediate questions about this case in regard to the jury, and that same situation appears over and over in Gilmer County.

The REAL STORY of what happened began earlier in the summer of 2006. In the early part of July that year, Everett and Mary Ann Campbell had mutually agreed for Mary Ann to have the kids for a while during the summer at her home in Moundsville, WV.

This mutual agreement was well within the guidelines of their divorce and the children truly enjoyed time with their mother, as all children would.

Mary Ann Campbell preferred this situation as she reports that many times she was forced to have sex with Everett Campbell long after they were divorced when she had to go to his families’ home to see the kids. The sex was all part of a contingency of being able to visit her children, which we are willing to wager, was not part of the divorce agreement through the courts.

The former Mrs. Campbell got to truly enjoy spending time with her kids, and got some quality alone time with them that any parent would treasure that summer of 2006 in Moundsville. She was finally happy, getting her life back together and having her kids gave her the balance she had been searching for, for many years. The children truly loved being with their mother that summer.

Things were going perfectly and all was well until one day Mary Ann received a call from the niece of Everett. She spoke to her, and it was a friendly conversation, but in reality the whole purpose of the phone call was a ruse for a hidden purpose involving Everett’s sister, Sue Ann Scott, who got on the phone with a phony story about how her brother never lets her see the kids, blah blah blah.

Mary Ann got played for her sympathy of the situation and being a good down home properly raised young woman, tried to do the right thing by Sue Ann, and invited her over to see the children. What Mary Ann did not know was that Everett had asked his sister to go get the kids and bring them home at all costs. The new scheme was certainly not part of the arrangement Everett had made with Mary Ann, but Mr. Campbell obviously had control issues.

Sue Ann, through her false complaints and false story of wanting to see the kids, arranged to visit the Moundsville home, but when she arrived with her husband James they both asked if the kids could spend a week with them. The original purpose of the call and contact had immediately changed. That fact in itself would bring suspicion to the mind of any reasonable person.

Right from the start Mary Ann was unsure and did not feel right about farming out her kids to her ex-husbands sister, plus there could have been some legal repercussions from doing so. She did agree to allow her ex-sister in law and husband stay with the kids at her house, while she went to confer with her boyfriend Mark Medley to ask what he thought of her letting her kids stay with relatives. She needed an outside opinion.

 

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Gilmer County Court Room in August Bond Hearing with Defense Counsel David Karickhoff
~~  Photo credit to Drew Moody ~~

When Mary Ann returned, Sue Ann, James, and the children were all gone, and she panicked as any mother would. What an awful feeling and what terrible thoughts must have been rushing through the young mothers mind. Motherly instincts are very real in nature, but the Childs Services and the courts, and other agencies seldom consider these emotions to the degree that they should be considered. To them it is often cut and dry and black and white and a matter of seeing that all the paper work is in order.
Life is not black and white and cut and dry. Life is more about a mother’s love for her children and the sanctity of the family.

Most mothers would immediately get on the phone and start making calls, but for Mary Ann those calls went unanswered. Mary Ann wanted to call the police, but being young, was still a bit naïve about the wicked ways of the world and the crooked tricks of the jealous and evil.

Anything holy or sacred or loving or involving the love of family members or holding close those that are truly part of you dissolves away very quickly in a Gilmer County courtroom in a situation already decided in advance by a hand-picked jury that was completely manipulated by the powers that be.

We were hoping to have more information involving the jury tampering, but some people present at the time have had second thoughts about revealing more truth involving the Gilmer County Public Officials, given the current situation of allegations of criminal activity for other matters. Many people are worried about their futures in Glenville, their job, and their family if they tell. Many are afraid of constant threats by the law breaking members of Glenville society of legal system. Considering what happened in the long forgotten death of Fred Hill, we can understand that way of thinking. But we heard it said that both Everett Campbell and Gerald B. Hough were actually in the jury room while the jury was technically convened. This is highly illegal, but the Gilmer County Prosecutor Gerald B. Hough has stooped to this sort of behavior before, according to various sources.

Truly, Everett could not stand the fact that his ex was finally happy and secure in a relationship with another man. This is an obstacle for many men in modern times. It is a difficult time, but the choices we make decide who we become, but Everett made a bad choice. He was so jealous that he was going to use the children as weapons to destroy that happy relationship and that happy home life and the best life Mary Ann Campbell had come to know in all of her 27 years.

Before her new found happy life was realized, while divorced and estranged, there was one incident in which Mary Ann went through an ordeal that was so horrible, she is still affected by it. She agreed to meet Everett for a dinner and spend time with their four year old daughter, but when she went to the room, Everett forced her sexually and forcibly held her head face down on the bed nearly smothering her while he ripped off her clothes and committed the act of sodomy in front of their screaming and crying daughter. The little girl was pleading for her daddy to stop hurting her mommy and making her cry. Everett replied with, “Shut the F (explicative) up and go back to sleep!”

Hurt both physically and emotionally by the incident Mary Ann Campbell sought the help of the Gilmer County Sheriff, Mickey Metz, and decided she wanted to press charges for being raped in an un-natural way in front of a four year old child. Mary Ann stated that Sheriff Metz did not bring charges against Everett and talked her out of signing the complaint.

Our findings reveal that often this is just how the good ole boys of Gilmer County do it, since Everett was closely associated with Sgt CJ Ellyson of the West Virginia State Police, who around the same time had somehow lost all the dope and guns and money from the evidence locker in Calhoun County, and crucial evidence needed to convict Chief Deputy Bandy of the Calhoun County Sheriff’s office was simply missing one day.

We guess it was no coincidence that Gerald B. Hough was assigned as special prosecutor to that case, and since he claims that CJ Ellyson is a good personal friend of his, it all seemed to add up to the fact that no cop or public official is going to jail for a crime on his watch, whether they are guilty or not!

This was all happening in the same time frame as the court case and arrest of a person we all came to know as 357 Evey!

Matters became more confused when out of the blue Mary Ann was arrested for a charge of attempted child concealment. We could not find a code for that charge, and we truly believe there is no code. Mary Ann had to come up with a large amount of money for bail.

The lawyer that was assigned to defend the former Mrs. Campbell was inept and she requested another lawyer. She said her assigned attorney had cookie crumbs on his mouth and appeared unkempt. When another woman attorney attempted to come to her rescue having witnessed her dilemma, Mary Ann tells us, Judge Facemire, Gerald B. Hough and a big giant Police man cornered the lady lawyer and threatened to have her disbarred if she ever came to their town and attempted to meddle in their affairs again.

The charges were later dropped because, we believe there was no law broken, there was no state code violation that we can find, but that is how they do it in Gilmer County.

The bail bond company made some fat cash and this same type of situation is all part of a regular scheme that is run right out of Central WV in Glenville!

“If for some reason you are targeted, then it could be likely you will find yourself arrested and facing prison for false charges, and then spend money on the local lawyers, and the bail bonds people, so they can kick down to their friends in law enforcement that just keep that money wheel rolling!”, a well-respected member of the community noted.

We have statements from a county employee who was a witness to meetings at the courthouse and was just a few feet away, and listened to a plan how to “Get” someone! “What can we charge him with? What is going to stick?” And in this case, big shot lawyers from out of town whose duty brought them to the courthouse for the day, were often invited to meet with the local lawyers that read like a WHO’S WHO of local power elite.

This sort of behavior is highly illegal, yet it seems it has become common practice in Gilmer County courthouse. Actually creating a crime to have someone arrested is highly unethical and very illegal, but yet we have the evidence of an eye witness that said these meetings lasted for several years, for just one high profile individual. We understand they are still working on making something up.

Mary Ann was disturbed that Sue Ann Scott, her sister in law just stole her kids from the house and got away with it.  A lot of pent up emotions burst forth on that very hot summer afternoon that Mark Medley died.

After coming into town and having a confrontation in the parking lot of the former Sports Bar known as the Main Event, Mark Medley and Mary Ann called 911 since Glenville Police Chief had turned them down on the offer of an escort. The call somehow never got answered.

As soon as they showed up at a home owned by a man named Harold that was about 200 yards from the Glenville State Police office, Everett pulled in behind them and his sister Sue Ann ran up on the porch yelling, “Shoot them dad, shoot them!” Harold, the father of Everett and Sue Ann, had a long barrel high powered rifle loaded and ready to go on the porch.

Everett fired his 357 magnum within seconds of exiting his vehicle, but missed, he fired again hitting Mark Medley in the chest.

Mark went down, and Mary Ann ran to him and tried to get him in the vehicle to escape, but he collapsed. Then, Everett came up behind Mary Ann, grabbed her by the hair, and stuck the 357 to her head and said, “I am going to shoot you next b*tch!”

Medical teams were there in a few minutes and so were the WV State Police. Gilmer County Sheriff Mickey Metz showed up at the scene and found himself just directing traffic. Our research revealed when the medical team asked Mark if he had any allergies, he replied, “Yes I am allergic to mean people with guns!” Those were his last words!!

Mark died shortly after making that speech, while paramedics worked hard to revive him, but a 357 to the chest will kill you every time.

It was all a trap, it was nothing but a cold blooded murder July 26, 2006 the day Mark Medley died!

 

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Everett Campbell
Smiling Since He Got Away with Murder after Sentencing

According to various sources, it has been discovered recently that Everett was being used as a Snitch by local law enforcement to set up buys of Meth. Technically Campbell acted as a confidential informant several times for Meth buys and was used to attempt to buy from local Meth labs. It is believed that he was also allowed to use drugs while performing these duties. If this fact can be substantiated it would explain a lot.


After it was all said and done, Everett escaped with one year in jail, his sister got custody of the children, and Mary Ann got nothing but grief.  Put yourself in this poor woman’s place.  The justice system and the courts failed her and the children that day.  How safe can one feel in a county such as this where the real criminals wear three piece suits, drive fancy cars, and have the power to destroy a family just because they feel like it?


But how do we explain to the Medley family that we are sorry that their son, their brother, their friend, their loved one, was brutally murdered for the pitiful reason of being the love interest of an honest woman that had an intensely jealous ex-husband.

If you are not part of the wheel that keeps things rolling in Glenville, West Virginia, then you better watch out for that wheel will roll right over you! So it seems. The place where a First Degree Murder is a Misdemeanor + Rewards!

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~~  Comments ~~

•  Can’t lose what is already lost.
•  He only did what was right for his kids. she was never a mother she ran around on her husband .
•  Campbell served his time!
•  This is the most crooked of justice systems around, people would not believe the illegal things.
•  I lost faith in them a long time before this case.
•  Why would it not make us lose faith?
•  It was obvious years ago we are infested with crooked leaders.
•  If I ever had any.
•  Yes , They are there to protect & serve. Not, to punish the ones who did not commit any crimes.
•  I left Glenville many years ago and corrupted it still is!! I’m not surprised by this story.
•  This man was only defending his children that Mary Ann was trying to harm.
•  Murder is murder it’s not right.
•  I personally know Mary Ann. She is NOT AT ALL like she is portrayed in this article!
•  Not enough information. Other sides of the story would also need to be reported.
•  Chief only has one man on shift at all times he’s city not county.
•  Jury was rigged by David Lane Smith, there are witnesses!

 

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~~  Comments ~~

•  The mother didn’t have custody to start with!
•  And several others!! But what about Gilmer County’s Child Protection Services?!?!
•  CPS should look at the Scott residence.
•  Why should the aunt have them? Like sister like brother???
•  If they didn’t get it right the first time, why would they now?!
•  How can the children be taken away from their mother , if she was not convicted of any crime.
•  How did this lady lose her children to the sister in law? Something is not adding up.
•  They are in a better home, their real mother was a no good mother that pawned them off on everyone.
•  Outside world send help! All we are learning couldn’t be invented by an LSD addict.
•  Let it go for the sake of the children.
•  They custody to a murderer “Narcotics Snitch” and seldom gather all the proper facts.

 

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~~  Comments ~~

•  Not at all. This was a domestic dispute. What does that have to do with my feelings of safety?
•  The Power Elite destroy anyone that critizes them, this is not the USA in Gilmer Co.
•  I always come to the county well-armed.
•  IT SURE DOES!!!
•  Yes I would hat to be arrested for jay-walking.
•  If there ever was any.
•  No one is safe in Gilmer County. You never have been.
•  Don’t walk at night, watch your back and pray you don’t anger the power brokers.
•  Gilmer County is known for rape, murder, and falsely convicting innocent citizens!

 

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~~  Comments ~~

•  This story is obviously slanted. Does GFP stand for thorough reporting, or is it just an open mic?
•  I heard 2 campbell family members on the jury, courthouse workers say case was already decided b4
•  The jury selection process should be reviewed by someone outside of the county.
•  Not sure, but something isn’t right!
•  Of course. That’s how the system works.
•  Ummm. Let’s ask Mr. Hough!!
•  E.C. and law enforcement all to blame together.
•  Yes , how else can the defendant set thru on deliberation.
•  Well some type of deal had to be struck..Murder someone and get only a year?
•  Definitely. A clear picture is emerging through the electronic media.
•  Gilmer arranges cases before they are ever heard, backed up evidence and testimony.

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~~  Comments ~~

•  Gerry acted as defense counsel and not prosecutor
•  The jury got there directions from the judge. What happened?
•  The jury got there directions from the judge. What happened?
•  No WV County has the funds to pay the jail bill. We can’t afford give long term sentences.
•  The proof is in the verdict isn’t it? Misdemeanor, ya right.
•  Da yea . All you have to do is read this, even if you’re not a lawyer. You can tell that this illegal.
•  Of course.
•  What about Mel Waddell shooting the Stump boys on Toler Fork and getting by with it???
•  Some of info in this story is fabrication at best.
•  Gilmer County has well-earned its name as crooked!


Notes:

[1] Chief Moss was contacted about this case, and he asked for the date of the murder so he could check his logs. The date was given to him, and as of this time we have not heard from him.

[2] Our interview with a local police official who showed up after the incident, noted that Mary Ann Campbell and Mark Medley, while speeding toward Everett’s house, passed by the State Police Headquarters. He said the couple should have stopped at the State Police office before going to the crime scene to avoid any mishap!

[3] When interviewing several police officers, they all unanimously noted they could not absolutely believe how the Judge, Prosecutor, and Jury came up with “In-voluntary Manslaughter.” They all unanimously said, at the least the charge should have been “Voluntary Manslaughter” if not more.


Update: 02.09.11 – Re: Chief John Moss


The Gilmer Free Press received a response from Chief John Moss regarding this case.  Chief Moss verified that Mark Medley and Mary Ann Campbell asked for assistance in picking up the children in Brooklyn Drive.  He informed them that the police do not get involved with civil matters like child custody.  He then asked if they had a court order and they said they did not.  Chief Moss advised the couple to obtain the proper paperwork from court and then a Deputy Sheriff could help them get the children.  It was a few hours later that he heard about the shooting.  Chief Moss stated that he did not agree with the jury, and that Mr. Campbell could have stopped at the State Police headquarters near the sight of the shooting to ask for assistance, but instead took the law into his own hands.

GFP would like to thank Chief Moss for responding so promptly to inquiries regarding this case.

 

As Always the Gilmer Free Press Platform is open to ALL parties to make their case and express their views.

 

Please be advised if you cannot be verified, your comments will not be activated.

GFP - 02.14.2011
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Gilmer County Circuit Court Report - 02.03.11

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On Tuesday, February 01, 2011 Judge Jack Alsop  appeared in Gilmer County and the petit jury reported for trial in the case of

•  State of WV  vs.   James Rugene McCune
After the prosecuting attorney and defense attorney, Christopher Moffatt of Charleston conferred defendant, elected to enter a Kennedy plea in the matter and the Judge excluded the jurors from the Court Room and took the plea before dismissing the jury.
McCune entered a plea to 1 felony count and the other 3 felony counts were dismissed.
He will be sentenced on Monday, March 14, 2011 at 10:30 AM and the probation officer was directed to do a presentence investigation in the matter.


Two fugitives from justice cases were heard, with both defendants1 waiving extradition back to their states:

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•  The state of Ohio has until 4:00 PM on Wednesday, February 09, 2011 to pick Gary R. Smith  up at the Central Regional Jail or he will be released.

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•  Likewise the state of Texas has until then to pick up Jesus Barrera-Ledezma  or he will be released.

Both defendants were represented by Christopher Moffatt.


•  Also before the Court for further arraignment was State of WV vs. Walter Wallace Adkins Jr. who was represented by Christina Flanigan of Buckhannon.
He is charged with fraudulent schemes arid his bond was reduced from $100,000.00 to $10,000.00 good and sufficient surety to be approved the Clerk of this Court and he will also be placed on home confinement with electronic monitoring in Nicholas County if he is able to make bond.
His trial was continued until the March term.


•  Three jury trials remain on the November term docket to be tried, one on Thursday February 17, 2011, one on Friday, February 18, 2011 and another for Wednesday, March 02, 2011.
These will complete the November term.


Jurors have already been selected and mailed out for the:

•  Upcoming March, 2011 term of Court

•  Grand jury meets on Thursday, March 03, 2011

•  Petit/Magistrate jurors need to report at 8:30 AM on Tuesday, March 15, 2011

•  There will be a trial that day after indoctrination.

 

•  Family Court Judge Larry Whitecl appeared in Gilmer County Family Court on Wednesday, February 02, 2011 and beard 2 domestic violence cases.

 

•  Chief Judge Richard A. Facemire  appeared in Gilmer County on Thursday, February 03, 2011 and heard a juvenile case.

The case was set for review on Monday, April 25, 2011 at 10:00 AM.

 

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•  A fugitive from justice case was before the Court, wherein Lisa Ann Wallbrown was wanted in the state of Ohio.
She waived extradition and authorities have until Monday, February 14, 2011 at 4:00 PM to pick her up or Central Regional Jail will release her.
She was represented by Daniel Grindo of Gassaway.

G-InMyOpinion™: If It Is Happening in Egypt, It Can Happen in Gilmer County, WV

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If effectiveness of the information highway and its electronic dissemination of news are questioned, consider evolving events in Egypt.

Change can occur too in Gilmer County if we challenge members of the self-empowered elite who have served our collective interests poorly.


Some examples of their failure to serve the public are perceived to be:

•  The local law has been administered selectively even to the extent that the city attorney interfered with duties of a City policeman investigating allegations of a rape of a young high school girl

•  The interstate was not routed through Gilmer County because of opposition of a highly empowered minority

•  GSC has fallen to fourth tier status

•  There are reports that we have corruption in the court house involving elections, changing of official records, and jury tampering

•  A political campaign contribution occurred in the name of Madge Butcher who was dead for more than a decade and it is on official government documents that she was retired and resided at PO Box 100 to cause citizens to believe that fraud was committed by the responsible party

•  Reportedly the A. J. Woofer estate and others were plundered by individuals in positions of power

•  Our K-12 school system is not up to par

•  The GCHS principal installed by the power structure could not survive a vote of public confidence

•  News from GSC is carefully controlled including details about the lawsuit involving GSC’s Board of Governors versus Scarlett Kellerman et al. and the federal lawsuit pertaining to land below the I. L. Morris Bridge

•  There is the unsolved murder of Fred Hill for which details remain undisclosed

•  We have an unabated illegal drug problem

•  With reports on the World Wide Web about rampant sexual misconduct and wild parties, Gilmer County has the infamy as an epicenter of moral decadence

•  A 28-million dollar bond issue for a GSC dorm of questionable need occurred without permitting citizens to vote

•  ad infinitum.


Fortunately, the Gilmer Free Press serves as a public service conduit which can help us channel our energies for common good achievements.

We won’t stoop to violence and we will be law abiding, but by making it a solemn civic duty to keep ourselves informed we can use the ballot box wisely to affect change for the better.

Universally, an informed populist is equivalent to a force de frappe to self-serving members of an entrenched power structure.

~~  By Anonymous - Information on File ~~

WV Attorney General Accusing DirectBuy of Tricking WV Customers

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The West Virginia Attorney General’s Office has accused DirectBuy and a local franchise of tricking consumers into joining the buying club.

The Charleston Gazette reports that the office’s Consumer Protection Division sued Indiana-based DirectBuy, DirectBuy of Charleston-Huntington and the local franchise’s owner this week in Kanawha County Circuit Court.

The lawsuit claims the company uses bait-and-switch tactics. It asks the court to bar the company from engaging in high-pressure sales tactics or entering into any contracts without first disclosing their full terms.

A DirectBuy spokeswoman told the newspaper that the company wouldn’t comment on pending litigation.

Minnie Hamilton Health Care and 7 Other Health Centers Sue The State

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Eight community health centers in West Virginia say they can’t go any further and they’ve decided to sue the state over Medicaid reimbursements.

The centers, which treat about 20% of state residents, say the state DHHR’s Bureau of Medical Services has not properly reimbursed them creating financial hardship and putting patient care at risk.

“This lawsuit is about patients,“  New River Health Association CEO Dave Sotak said in a conference call with reporters Thursday. “It’s about our West Virginia citizens and our ability to provide access to a range of high-quality cost-effective health care services.“

The lawsuit, filed late Wednesday in U.S. District Court in Charleston, claims the Bureau of Medical Services has failed during the past decade to “follow federal law and even its own State Plan for administering Medicaid reimbursement funding.“

Those who run the health centers are concerned the problem were getting worse with federal health care reform. The changes are expected to make more state residents eligible for Medicaid.

“As we look into the future it hamstrings our ability to take care of people who remain uninsured or under-served,“ Valley Health Systems Administrator CEO Steve Shattls said. “We could be helping thousands of more patients today if the law would have been followed.“

The health centers also say the state doesn’t pay the required rates for dental services.

The lawsuit includes a Complaint and a motion for Preliminary Injunction.

The plaintiffs include:

•  New River Health Association in Fayette County

•  Cabin Creek Health Systems, based in Dawes

•  E.A. Hawse Health Center, Baker

•  Family Care Health Center, Scott Depot

•  Minnie Hamilton Health Care, Grantsville

•  Rainelle Medical Center, Rainelle

•  Shenandoah Valley Medical Systems, Martinsburg

•  Valley Health Systems, Huntington

Gilmer County Circuit Court Report - 01.24.11

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On Friday, January 21, 2011 the Gilmer County Court House was closed due to heating problems, but Circuit Judge Jack Alsop appeared for Court hearings and they were held in the Magistrate Court room.


•  State of WV vs. Walter Wallace Adkins Jr.
He was before the Court for arraignment.
Judge Alsop provided Adkins with a copy orv indictment and had him fill out a Financial affidavit for court appointed counsel.
Then the Clerk appointed Christina Flanigan to represent him and further proceedings will be held in this case on Thursday, February 03, 2011 at 9:00 AM.


•  State of WV vs. James Shields
He was before the Court for pre-trial, and his case was continued to the March term of Court.
He was represented by Christopher Moffatt of Charleston.


•  State of WV vs. Michael Marks
He was before the Court for pre-trial and for readmission to bond.
The Judge denied reinstating his bond and he remains in jail until his trial on Friday, February 18, 2011.
He was represented by Daniel Grindo of Gassaway.


•  A juvenile matter was rescheduled to Monday, February 14, 2011 at 10:00 AM due to attorney Keisha May being involved in a car accident.


•  State of WV vs. James McCune
He was before the Court for pre-trial and his trial is still scheduled for 9:00 AM on Tuesday, February 01, 2011.
He is represented by Christopher Moffatt.

• 
Another juvenile matter was heard and rescheduled for Monday, March 14, 2011 at 10:15 AM.


On Monday, January 24, 2011 Chief Judge Richard A. Facemire appeared in Gilmer County for his regular monthly motion day.

He set the docket for the March, 2011 term.


•  One juvenile case was rescheduled for Thursday, February 03, 2011 at 9:00 AM due to David Karickhoff (father’s attorney) being unable to attend.


•  Several juvenile cases were reset for review on Monday, April 25, 2011 at 9:00, 9:10, 9:20, and 9:30 AM.

•  Another juvenile hearing was set for Thursday, February 17, 2011 at 9:00 AM.

•  Another juvenile hearing was dismissed.


Two civil cases were set for status hearings as follows:

•  Board of Governors of GSC vs. Scarlett Kellerman, et al was before the Court and an order will be prepared directing Circuit Clerk Karen Elkin to disburse the $80,000.00 she has been holding.
Later commissioners will be selected by the attorneys (from a list provided by the Circuit Clerk on Monday, January 24, 2011) and further proceedings will be held.


•  LVNV Funding LLC vs. Deborah Stewart was also before the Court for a status hearing and a bench trial is now scheduled for Thursday, May 05, 2011 at 9:00 AM.

OddlyEnough: Verizon Sues FCC to Stop Net-Neutrality Rules It Suggested

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Just weeks after the Federal Communications Commission adopted it’s first-ever rules aimed at regulating Internet access, Verizon Communications on Thursday filed a federal lawsuit to overturn the controversial order.

Verizon argues that the FCC does not have the legal authority to mandate how Internet service providers treat content on their networks.

A legal challenge was widely expected, and the FCC has said it thinks Congress enabled the agency to pursue its rules under several interpretations of telecommunications laws. The FCC’s rules are supported by consumer groups and Web giants such as Google and Facebook.

Verizon filed its case in the same federal court - the U.S. Court of Appeals for the District of Columbia - that ruled last April that the FCC overstepped its authority in trying to sanction Comcast for blocking Web traffic.

“We are deeply concerned by the FCC’s assertion of broad authority for sweeping new regulation of broadband networks and the Internet itself,“ said Michael E. Glover, Verizon’s senior vice president and deputy general counsel. “We believe this assertion of authority goes well beyond any authority provided by Congress, and creates uncertainty for the communications industry, innovators, investors and consumers.“

Verizon’s lead attorney for the suit is Helgi Walker, who successfully represented Comcast last spring. Verizon also asked to choose the judges who hear its case, an unusual move that telecom industry observers say is an attempt to get the same judges who earlier ruled against the FCC. Analysts said other companies are likely to file similar suits in other courts around the country.

The FCC declined to comment.

A senior official at the FCC who spoke on the condition of anonymity said the agency thinks it has the authority to carry out its net-neutrality rules. The rules are largely focused on the Internet lines into American homes that connect to desktop computers and private Wi-Fi networks. The rules prevent Internet service providers such as Verizon, AT&T and Comcast from intentionally blocking or favoring some Web sites over others.

The rules also prevent wireless operators from blocking Internet voice applications, such as Vonage and Skype.

“Congress told us to do the things we have done in the ‘open Internet’ order,“ the FCC official said. Specifically, the official said the Communications Act and the Telecommunications Act of 1996 instruct the FCC to expand broadband Internet connections, ensure that consumers have access to Internet voice services and Internet videos, and make sure wireless phone networks are used in the public interest.

Verizon has long criticized FCC Internet access rules, calling instead for a legislative overhaul of communications laws that take into account “the whole ecosystem” of the Internet, which includes services such as Google’s search and Facebook’s social network.

New Republican House leaders lauded Verizon’s suit in a joint statement, calling the net-neutrality rules a power grab.

“At stake is not just innovation and economic growth, although those concerns are vital,“ said the lawmakers, including Commerce and Energy Committee Chairman Fred Upton (Mich.). “Equally important is putting a check on an FCC that is acting beyond the authority granted to it by Congress.“

~~  By Cecilia Kang – WP ~~

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