Gilmer County Circuit Court Report - 03.08.10

On Wednesday, March 03, 201 Chief Judge Jack Alsop heard 2 juvenile cases and transferred the Fugitive from Justice case of Ross Lee Marks back to Judge Richard A. Facemire for disposition because Facemire had recently sentenced Marks in a Gilmer County felony case.

On Thursday, March 04, 2010 the Circuit Court room was very full with 13 attorneys, many defendants, various police officers, witnesses, and friends and family members appearing for criminal docket call.

Nine pages of cases were docketed, and although Judge Alsop eventually called the cases that needed capias’ renewed in them, he first called and set the docket for pleas and trials.

Criminal trials were set for Wednesday, March 10, 2010 (the first day petit jurors report), Tuesday, March 16; Tuesday, March 23; Tuesday, June 01 and Thursday, June 03, 2010 as follows:

Wednesday, March 10, 2010 will see State vs. Jessica Self as the first trial.
Ms. Self is charged with 19 counts of embezzlement and is represented by R. Russell Stobbs of Weston.

The second trial that day will be State vs. Adam Batton
Who is charged with 3 counts of delivery of a Schedule I controlled substance, and is represented by Christopher Moffatt of Charleston.

Third trial set for March 10th is State vs. Audrianna Claypool
Charged with 2 counts of delivery of a Schedule I controlled substance, 1 count of delivery of a Schedule II controlled substance and 1 count of conspiracy.
She is represented by Christina Flanigan of Buckhannon.

The first trial set on Tuesday, March 16, 2010 is State of WV vs. Christopher Yoho
Charged with 1 count of delivery of a Schedule II controlled substance and 1 count of conspiracy, and is represented by Daniel Grindo of Gassaway.

The second trial set on March 16th is State vs. Darriel Craig
Charged with third offense DUI. He is represented by Brian Bailey of Horner.
Pre-trial motions were taken up on March 4th in Craig’s case.

The third trial that day is State vs. Dustin Chad Reed
Who is charged with 7 counts of forgery and uttering, 1 count of forgery and 1 count of grand larceny.    Mr. Reed is now represented by Keisha May of Charleston.

The first trial set on Tuesday, March 23, 2010 will be State vs. Cammie Yoho
Who is charged with 3 counts of conspiracy to deliver a controlled substance.
She is represented by William Martin of Sutton.

Second trial on March 23rd will be State vs. Joseph Lee Milford Smith
Who is charged with 1 count of Delivery of a Schedule I controlled substance, 1 count of Delivery of a Schedule II controlled substance and 2 counts of Delivery of a Schedule III controlled substance and 1 count of conspiracy.
He is represented by R. Russell Stobbs of Weston.
A plea bargain is being considered in this case.

June 1st the trial of State vs. Christopher McVaney
Charged with 1 count of child abuse resulting in injury will take place.
Special prosecutor Kelly Hamon McLaughlin (the Braxton County Prosecuting Attorney) will try this case for the state and McVaney is represented by R. Russell Stobbs.

June 3rd the trial of Seth Seelbach will occur.
Seth is charged with 2 counts of conspiracy and Judge Alsop heard pre-trial motions in Seelbach’s case on 03.04.10 in a closed Court room, and ordered Prosecutor Houghto contact state police officer Shingler and cause him to appear forthwith in the Court room to produce ALL evidence in this case.
Judge Alsop also wanted to see a copy of a January 15, 2010 letter written by Gerry Hough to Senior Trooper Jared Brewer and Sgt Andrew Shingler with copies sent to both Judges and Colonel Timothy Pack of the WVSP.
After nobody could produce a copy of this letter, Circuit Clerk Karen Elkin stated she had a copy of it in her office and thereafter produced it to the Judge.

Twenty-eight (28) cases where defendants have never appeared before the Court (some cases having been filed 10 years ago) saw orders signed by the Judge renewing capias’ in them.

In the matter of State vs. Travis Buford, Hough presented a dismissal order to be signed by Alsop.

In State vs. Larry Michael Snider
He appeared with his attorney, Jason M. Glass of Jane Lew, and moved the Court for a competency evaluation.
Whereupon Judge Alsop placed Snider in the custody of Sheriff Mickey Metz to be transported to Central Regional Jail to await an appointment for his evaluation.

A suppression hearing was conducted in the case of State vs. Darriel Craig.
Chief John Moss testified in the hearing and his case was set for trial.

In the case of State vs. Billy Tomblin this matter is before Judge Facemire, who took the plea bargain under advisement and set the matter for Monday, March 22, 2010.

Pleas were set for Tuesday, March 09, 2010 (which is also arraignment day):
09:45 AM
John Edgar Phillips plea.
He is charged with conspiracy to inflict injury to persons or property, 3 counts of grand larceny, 2 counts of breaking and entering, destruction of property, burglary and 2 counts of conspiracy to commit an offense against the state.
He is represented by David Karickhoff

10:00 AM
Justin Allen Wortham will plead.
He is charged with 3 counts of delivery of a schedule I controlled substance and conspiracy to commit an offense against the state.
He is represented by Kevin Duffy.

10:45 AM
Jeremy Allen Wolfe will plead.
He is charged with delivery of a Schedule III controlled substance and is represented by Kevin Hughart.

11:30 AM
Jermaine Graham will plead.
He is charged with 4 counts of delivery of a Schedule I controlled substance and possession of a Schedule I controlled substance.

01:00 PM
Bonnie Riddle will plead.
She is charged with Delivery of a Schedule I controlled substance and Delivery of a Schedule IV controlled substance.

01:45 PM
Bobby Wayne Townsend will plead.
He is charged with 2 counts of Delivery of a Schedule IV controlled substance.

Also on Tuesday, March 09, 2010 a suppression hearing is scheduled in the case of State vs. John Huffman Jr.
Charged with DUI resulting in death.
He is represented by Christina Flanigan.

Attorneys appearing were: Keisha May, R. Russell Stobbs, Christina Flanigan, David Karickhoff, Jason Glass, Christopher Moffatt, William Martin, Daniel Grindo, Joyce H. Morton, Kevin Duffy, Brian Bailey, T.J. Drake, and Garth Beck.

Also in the case of State vs. John Manis Richards, 08-F-2.
Mr. Richards will be sentenced on Tuesday, March 16, 2010 at 10:00 AM by Larry Starcher, retired Supreme Court Justice.
Richards has had several medical problems that have delayed this sentencing.
He pled guilty to one count of grand larceny on August 20, 2009.
Richards is represented by Christopher Moffatt.