Friday, May 18, 2012

OddlyEnough™: Man Bitten by Rattlesnake at Walmart

When Mica Craig reached down to brush what he thought was a stick off some mulch in the garden section of a Washington state Walmart, it turned around and sank its fangs into his hand.

The encounter with a rattlesnake sent Craig, age 47, to the hospital, where he said he remained in excruciating pain and may lose feeling in two fingers. Wal-Mart Stores Inc. has apologized.

“I reached down to grab the stick to move it out of the way, and the snake stretched out, turned around and got its fangs in my right hand,“ he said. “I slung it off and I did a tap dance on it until it was dead.“

Craig was rushed to the hospital by fellow customer Maria Geffre, who told Reuters she saw him crumple to the ground after crying out that he had been bitten by a snake.

“He had punctures on his hand and there was the dead rattler he’d stomped on,“ Geffre said, describing the snake as at least a foot long with four buttons, or rattles.

Craig, a married father of two, said the mulch was for his marijuana plants, which he is licensed to grow for medical reasons. It was unclear whether the snake came from an adjacent field or arrived at the store along with garden supplies.

Craig said doctors who initially thought the snake had inflicted only a “dry bite” - or one that did not inject venom - treated him with six bags of anti-venom after his right hand swelled to the size of a melon.

A Walmart spokeswoman offered an apology to Craig and said the retailer was looking into how the incident could have happened at the store in Clarkston, in eastern Washington.

“At this point, it appears to be an isolated incident. We are working with a pest management team, which is conducting a sweep of the property to ensure there is no additional rattlesnake activity,“ Walmart spokeswoman Kayla Whaling said.

Travis Taggart, director of the Center for North American Herpetology, said about half of documented rattlesnake bites, which are usually defensive when directed at humans, are “dry” but still cause severe pain.

Monday, May 14, 2012

Braxton County: Duck Resident Enters Plea to Using a Communication Facility to Commit a Drug Felony

A 28 year old Duck, West Virginia, resident entered a plea of guilty on May 08, 2012,in United States District Court in Clarksburg before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that: JOCELYN M. GRAHAM entered a plea of guilty to one count of the illegal use of the United States mail on August 03, 2010, to facilitate the distribution of methamphetamine and oxycodone.

GRAHAM, who is on bond pending sentencing, faces a maximum exposure of 4 years imprisonment and a fine of $250,000.

This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the United States Postal Inspection Service.

Tuesday, May 08, 2012

OddlyEnough™: Man Walks into Shop, Urinates On $3,000 Dollars’ Worth of Clothes

A Huntington man is facing a long list of charges after police say he walked into a downtown shop and urinated on more than $3,000 dollars’ worth of clothes.

Court documents say it happened Friday at the Chico’s located in Pullman Square.

That’s where Tommy Edward Edmonds Jr., age 25, of Huntington allegedly walked inside the store, and urinated on a total of 38 pairs of jeans - each valued at $80 dollars.

Police say Edmonds had glassy eyes, slurred speech, and smelled of alcohol.

Officers also say when they tried to place handcuffs on him, he pulled away, refused to walk, and then tried to get away from the patrol car.

When he arrived at the police station, he refused to be fingerprinted and would not stop screaming.

Edmonds is charged with destruction of property, public intoxication, obstruction, and disorderly conduct. He remains in jail.

Saturday, May 05, 2012

Award-Winning ‘War on Kids’ Documentary Featuring John W. Whitehead

On Sunday, May 06, 2012, at 8:00 PM EST, the Documentary Channel will air The War on Kids, a documentary directed by Cevin Soling which examines the increasingly authoritarian nature of the public schools and their long-term impact on young people.

The documentary features an interview with constitutional attorney John W. Whitehead, who has been a vocal critic of overreaching school zero tolerance policies—one-size-fits-all disciplinary procedures that mandate suspension or expulsion for students who violate the rules, regardless of the student’s intent or the nature of the violation. The Rutherford Institute has come to the defense of hundreds of students who have run afoul of school zero tolerance policies.

Most recently, Institute attorneys asked the U.S. Supreme Court to hear the case of a 14-year-old honor student who was suspended for shooting plastic “spitwads” while at school.

“For the millions of students attending elementary and secondary public schools, their time in school will be marked by overreaching zero tolerance policies, heightened security and surveillance and a greater emphasis on conformity and behavior-controlling drugs—all either aimed at or resulting in the destruction of privacy and freedom,” said John W. Whitehead, president of The Rutherford Institute. “As The War on Kids shows, the moment young people walk into school, they find themselves under constant surveillance: they are photographed, fingerprinted, scanned, x-rayed, sniffed and snooped on. Between metal detectors at the entrances, drug-sniffing dogs in the hallways and surveillance cameras in the classrooms and elsewhere, America’s schools have come to resemble prison-like complexes.”

Named the best educational documentary by the New York International Independent Film and Video Festival, The War on Kids is a 2009 documentary film about the American school system.

The film takes a look at public school education in America and concludes that schools are not only failing to educate, but are increasingly authoritarian institutions more akin to prisons that are eroding the foundations of American democracy.

The documentary features interviews with schoolchildren, high school teachers, administrators, prison security guards, renowned educators and authors, including attorney John Whitehead.

As Whitehead points out, under the guise of protecting and controlling young people, school officials have adopted draconian zero tolerance policies, which punish all offenses severely, no matter how minor.

School systems began adopting these tough codes after Congress passed the 1994 Gun-Free Schools Act, which required a one-year expulsion for any child bringing a firearm or bomb to school.

Zero tolerance rules in many states also cover fighting, drug or alcohol use and gang activity, as well as relatively minor offenses such as possessing over-the-counter medications and disrespect of authority.

Nearly all American public schools have zero tolerance policies for firearms or other “weapons,” and most have such policies for drugs and alcohol.

In the wake of the Columbine school shootings, legislators and school boards further tightened their zero tolerance policies, creating what some critics call a national intolerance for childish behavior.

In some jurisdictions, carrying cough drops, wearing black lipstick or dying your hair blue are expellable offenses.

The Rutherford Institute is regularly called on to defend students dealt excessive punishments for violating unreasonable zero tolerance policies.

Wednesday, May 02, 2012

WV Father Pleads Guilty To Starving Two Children

A Berkeley County man has pleaded guilty to forcing his two malnourished children to sleep in a concrete basement.

Thirty-four-year-old Jesse Arlo Lafferty pleaded guilty Monday to two counts of child abuse causing serious bodily injury.

Lafferty faces up to 10 years in prison on each count.

Sentencing has been set for July 16, 2012 in Berkeley County Circuit Court.

Lafferty told the court he willfully withheld food from the children as punishment.

Lafferty’s co-defendant and former girlfriend, Karen S. Boback, is accused of failing to alert authorities.

Media outlets report she is set to appear in court next Monday for a plea hearing.

Boback told police Lafferty made the children take cold showers and sleep in the basement.

The children are now with their biological mother.

Lewis County: Two Arrested for Child Neglect

The Lewis County Sheriff’s Department arrested Katherine McGee, age 28, and Joshua Runner, age 30, both of Harrison County, after allegedly finding them in possession of drugs on Tuesday, May 01, 2012.

According to the Lewis County Sheriff’s Deputies McGee and Runner were driving with drug paraphernalia in the car.

McGee is charged with child abuse or neglect creating risk of injury for allegedly driving with her four children in a car that had used and exposed needles in a compartment near the children.

Runner is charged with kidnapping for allegedly trying to flee with her and McGee’s child, 21 months, while awaiting the arrival of Child Protective Services.

Court information indicates he choked the child, threatened to kill her and tripped and fell on her while fleeing.

Runner is in the Central Regional Jail with bail set at $100,000. McGee is also in the Central Regional Jail with bail set at $50,000.

Tuesday, April 24, 2012

Weston Resident Enters Plea to Child Pornography Charge

A 45-year old Weston, West Virginia, resident entered a plea of guilty on April 20, 2012, in United States District Court in Clarksburg before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that: LARRY ALLEN THOMPSON entered a plea of guilty to one count of Possession of Child Pornography on December 02, 2010, in Weston.

THOMPSON, who is on bond pending sentencing, faces a maximum exposure of 10 years imprisonment and a fine of $250,000.

The case was prosecuted by Assistant United States Attorney David J. Perri and was investigated by the West Virginia State Police Crimes Against Children Unit.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice.

Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Monday, April 23, 2012

G-otcha™: Area Regional Jail Incarcerations - 04.22.12

Imprisonment Status:  Misdemeanor Sentenced
	Full Name:	Huffman,  Amber Lynn
	Height:	5’  7”
	Weight:	109 lbs.
	Birth Date:	11.24.1983
	Gender:	Female
	Booking Date:	04.19.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Misdemeanor Sentenced

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Wolfe,  William Lee
	Height:	5’  10”
	Weight:	200 lbs.
	Birth Date:	07.11.1984
	Gender:	Male
	Booking Date:	04.19.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Misdemeanor Pre-Trial
	Full Name:	Taylor,  David  Alan
	Height:	5’  6”
	Weight:	140 lbs.
	Birth Date:	07.22.1986
	Gender:	Male
	Booking Date:	04.18.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Misdemeanor Pre-Trial

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Marshall,  Robert  Lee
	Height:	5’  10”
	Weight:	150 lbs.
	Birth Date:	11.17.1971
	Gender:	Male
	Booking Date:	04.20.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Berg,  Timothy  Edward
	Height:	5’  11”
	Weight:	170 lbs.
	Birth Date:	08.15.1962
	Gender:	Male
	Booking Date:	04.20.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Estep,  Justin  Adam
	Height:	6’  1”
	Weight:	165 lbs.
	Birth Date:	09.08.1990
	Gender:	Male
	Booking Date:	03.10.2011
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Misdemeanor Pre-Trial
	Full Name:	Yeager,  Gloria  Ann
	Height:	5’  6”
	Weight:	200 lbs.
	Birth Date:	07.28.1979
	Gender:	Female
	Booking Date:	04.21.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Misdemeanor Pre-Trial

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Pullin,  John  David
	Height:	5’  3”
	Weight:	140 lbs.
	Birth Date:	04.15.1960
	Gender:	Male
	Booking Date:	04.21.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Misdemeanor Pre-Trial
	Full Name:	Zickefoose,  Lesley  Diana
	Height:	5’  9”
	Weight:	162 lbs.
	Birth Date:	10.14.1978
	Gender:	Female
	Booking Date:	04.21,2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Misdemeanor Pre-Trial

Offender Court Order Information

Imprisonment Status:  Misdemeanor Pre-Trial
	Full Name:	Curtis,  Brian  Gene
	Height:	5’  5”
	Weight:	125 lbs.
	Birth Date:	11.14.1969
	Gender:	Male
	Booking Date:	04.21.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Misdemeanor Pre-Trial

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Nelson,  Jimmy  Lee
	Height:	5’  9”
	Weight:	265 lbs.
	Birth Date:	07.03.1972
	Gender:	Male
	Booking Date:	04.21.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Arrington,  Tyrell  Charles-Melik
	Height:	5’  7”
	Weight:	195 lbs.
	Birth Date:	03.21.1993
	Gender:	Male
	Booking Date:	04.21.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Saturday, April 21, 2012

Ritchie County Man Dies in Lewis County Accident

Ryan Meredith Scott, age 29, of Smithville, Ritchie County, WV, lost control of the vehicle and drove off the left side of the road, rolled over and rested on its top resulting in loss of his life.

The accident happened late Friday, April 20, 2012 on U.S. Highway 33 in Lewis County.

Scott was trapped in the vehicle and later died at Stonewall Jackson Hospital.

G-OB™: Gilmer County Schools Employment – Secretary III, GCHS- 04.19.12

POSITION:     Secretary III – Gilmer County High School

QUALIFICATIONS:

• High School Graduate or GED

• Successfully pass State mandated test for Secretaries

• Hold classification title in category of employment or meet the definition of the job title pursuant to WV Code 18-4-8c

• Possess the knowledge, skills and ability to successfully carry out responsibilities of the position.

REPORTS TO:  Principal, Gilmer County High School

PERFORMANCE RESPONSIBILITIES:

• Welcome and greet all visitors to the school, determine needs and direct or escort to proper area.

• Receive and route all incoming calls as appropriate – take messages as needed

• Receive and sort all incoming mail, parcels and other deliveries

• Performs all normal office routines, including:

    o Complete any necessary correspondence, reports and notices

    o Obtain, gather and organize pertinent data as needed and put it into usable form.

    o Maintain a regular filing system for personnel and student records, as well as a set of locked confidential files and process incoming correspondence as instructed.

    o Order and maintain supplies as needed

    o Perform any record keeping tasks associated with the position

    o Prepare purchase orders and assist in receiving, inventory and distribution of materials and equipment

    o Serve as fiscal officer for school lunch and other programs

    o Maintain all pertinent records for the WVEIS system including entering payroll information for all assigned employees and substitutes into the TEC system and maintaining all student records in WVEIS including attendance

    o Maintain a schedule of appointments and make arrangements for conferences and interviews

    o Operate computers, calculators, copiers, facsimile machines and other office machines.

• Maintain positive communication flow with all school staff, students and parents

• Display positive, congenial demeanor and proactive work habits

• Maintain confidentiality in all matters

• Aid in preparing proper reports for Federal and State agencies as required by law

• Perform other job-related duties as assigned by Principal

EMPLOYMENT TERM:    2012–2013 School Year – 205 day contract

SALARY:    Based on Gilmer County Salary Scale, commensurate with job classification and years of service

COMPLETED APPLICATION AND RESUME SHOULD BE SENT TO:

                                Ronald Blankenship, Superintendent
                                Gilmer County Schools
                                201 North Court Street
                                Glenville, WV 26351

MUST BE RECEIVED BY:  Thursday, April 26, 2012 – 3:00 PM

As required by federal laws and regulation, the Gilmer County Board of Education does not discriminate on the basis of gender, race, color, religion, disabling condition, marital status, or national origin in employment or in its educational programs and activities.

NOTE:  State and federal laws include Title IX, Education Amendments of 1972, Title VI, Civil Rights Act of 1964; Title VII, Civil Rights Act of 1964; Rehabilitation Act of 1973, Section 504; and other State or Federal laws and regulations governing students and employees.

S12-501-02
Posted: 04.19.12

Friday, April 20, 2012

Accidental Death Rate for Children Declines in West Virginia

Fewer West Virginia children and teenagers are dying from accidental injuries than in the past.

A new government report shows that in West Virginia the death rate from accidents for youths ages 19 and younger fell 43% from 2000 to 2009.

The Centers for Disease Control and Prevention says 54 children died from accidents in West Virginia in 2009. That is down from 98 in 2000.

Nationally, the number dropped about 26% from 12,441 in 2000 to 9,143 in 2009.

The national annual accidental death rate among children fell about 29%.

Officials say unintentional injuries are the leading cause of death among youth and are preventable.

Those injuries include motor vehicle deaths, suffocation, downing, poisoning, and fires or burns.

Fraker, Wanted in Ritchie Sex Abuse Cases Turns Himself In

Imprisonment Status:Pre-Trial Felon
	Full Name:	Fraker, Kenneth Ray
	Height:	5’ 10”
	Weight:	140 lbs.
	Birth Date:	02.18.1956
	Gender:	Male
	Booking Date:	04.18.2012
	Facility:	South Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Thursday, April 19, 2012

G-otcha™: Area Regional Jail Incarcerations - 04.18.12

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Scott,  Jarod  Cornel
	Height:	5’  11”
	Weight:	200 lbs.
	Birth Date:	02.16.1988
	Gender:	Male
	Booking Date:	04.17.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Convicted Felon
	Full Name:	Gibson,  Jonathan  Dwight
	Height:	5’  10”
	Weight:	140 lbs.
	Birth Date:	07.17.1989
	Gender:	Male
	Booking Date:	04.17.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Convicted Felon

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Freeman,  William  Dale
	Height:	5’  8”
	Weight:	280 lbs.
	Birth Date:	10.31.1981
	Gender:	Male
	Booking Date:	04.17.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Bradley,  Daniel  Christian
	Height:	5’  10”
	Weight:	254 lbs.
	Birth Date:	09.25.1990
	Gender:	Male
	Booking Date:	04.17.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Pre-Trial Felon
	Full Name:	Hardie,  Shane  Michael
	Height:	5’  7”
	Weight:	180 lbs.
	Birth Date:	12.04.1975
	Gender:	Male
	Booking Date:	04.17.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Imprisonment Status:  Misdemeanor Pre-Trial
	Full Name:	Rose,  Anthony  Harold
	Height:	5’  7”
	Weight:	210 lbs.
	Birth Date:	02.09.1986
	Gender:	Male
	Booking Date:	04.18.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Misdemeanor Pre-Trial

Offender Court Order Information

Imprisonment Status:  Misdemeanor Pre-Trial
	Full Name:	Wahl,  Joyce  Ann
	Height:	5’  9”
	Weight:	170 lbs.
	Birth Date:	07.21.1982
	Gender:	Female
	Booking Date:	04.18.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Misdemeanor Pre-Trial

Offender Court Order Information

Imprisonment Status:  Convicted Felon
	Full Name:	Rose,  Lacie  Marie
	Height:	5’  6”
	Weight:	130 lbs.
	Birth Date:	10.09.1980
	Gender:	Female
	Booking Date:	04.18.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Convicted Felon

Offender Court Order Information

Wednesday, April 18, 2012

WV State Police Search for Armed and Dangerous Man Who May Be in Ritchie County

Kenneth R. Fraker is wanted for outstanding felony warrants related to the molestation of multiple male juveniles.

He should be considered armed and dangerous.

The Harrisville Detachment of the West Virginia State Police is requesting the public’s assistance in locating Kenneth R. Fraker (Date of Birth: 02.18.56,  Height: 5’10, Weight: 140 lbs.).

Fraker’s last known address is Ohley Hollow in Eskdale, West Virginia.

He is known to travel to Raleigh and Ritchie counties in West Virginia.

He may be driving a 2008 Ford F-150, 4 door, extended cab, white or silver in color, bearing West Virginia registration V34565.

Fraker is wanted for outstanding felony warrants related to the molestation of multiple male juveniles.

He should be considered armed and dangerous.

Anyone with information is requested to contact their nearest detachment of the West Virginia State Police or Senior Trooper C. S. Jackson at 304.643.2101.

Tuesday, April 17, 2012

Lewis County Man Sentenced on Incest Charges

Lewis County Circuit Judge Thomas Keadle sentenced Harry Goldsmith of Lewis County to 10 to 25 years in jail on Monday, April 16, 2012 for 4 counts of incest involving his children and grandchildren.

Goldsmith sexually abused his children and grandchildren 20 to 40 years ago.

Monday, April 16, 2012

WVU Extension Develops Anti-Cyberbullying Campaign

West Virginia University’s extension service is working to launch a statewide anti-cyberbullying campaign and school curriculum.

WVU extension service’s 4-H youth development specialists are developing the research-based “iRespect’‘ curriculum aimed at preventing bullying online or by using other electronic communication devices.

They will test the materials with youth focus groups statewide.

WVU officials say that the curriculum is aimed at reflecting real-life situations and provoking conversations that help address the root of cyberbullying.

A state law that made it illegal for a person to abuse or harass another person via computer, mobile phone, or other communication device took effect in April 2011.

In addition to the iRespect curriculum, training programs and a website are in the works.

Sunday, April 15, 2012

Daily G-Eye™: 04.15.12

Saturday, April 14, 2012

G-otcha™: Sand Fork Man Arrested again for Making Meth

Imprisonment Status:  Pre-Trial Felon - Sand Fork, WV
	Full Name:	Ward,  Mark  Arron
	Height:	6’  1”
	Weight:	170 lbs.
	Birth Date:	12.12.1974
	Gender:	Male
	Booking Date:	08.15.2011
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

G-otcha™: Harrisville Man Arrested on Multiple Charges

Imprisonment Status:  Pre-Trial Felon - Harrisville, WV
	Full Name:	Trevena,  Sundance
	Height:	5’  10”
	Weight:	185 lbs.
	Birth Date:	07.15.1993
	Gender:	Male
	Booking Date:	04.13.2012
	Facility:	North Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon

Offender Court Order Information

Clay County: Murder-Suicide

West Virginia State Police in Clay County are investigating an apparent murder-suicide.

The State Police was called to a house on Darnell Hollow Road Friday morning, April 13, 2012 and found a man and his wife dead.

Troopers say Francis Bishop, age 49, was on the front porch and her husband, Erving Bishop, age 57 was in the house.

Trooper S.L. Bass says it appears Erving shot and killed his wife sometime early Friday morning and then took his own life.

Francis Bishop was shot in the back.

Trooper Bass says an eight-year-old granddaughter was in a back bedroom when it all happened.

She says she heard two loud bangs.

“It’s just one of those unfortunate events that a child of that age would have to discover something like that,“ Bass said.

Troopers say the Bishops were in the process of getting a divorce.

Sunday, April 08, 2012

Government Explained

Friday, April 06, 2012

Braxton County Man Drowns in Wisconsin Lake

A West Virginia man drowned in a Wisconsin lake last weekend.

The Dane County, Wisconsin Medical Examiner’s Office identified the victim as Larry Friend Thursday, April 05, 2012.

The 56-year-old Larry Friend lived in Braxton County.

His body was pulled from Lake Mendota near Madison, Wisconsin last Sunday, April 01, 2012.

His body was discovered floating 10 to 15 feet off the shoreline at James Madison Park at shortly after 1:00 AM.

The medical examiner says other tests results are pending.

The death is being investigated by the Madison Police Department.

Best Wishes to Gilmer County Magistrate Carol Wolfe

We would like to wish Magistrate Carol Wolfe a speedy recovery following her accident this week.

While campaigning, she fell down some steps and injured both her wrists.

Dr. Snead of Weston treated Magistrate Wolfe and put a cast on her right wrist which was definitely broken.

If the wrist heals properly Magistrate Wolfe will wear a cast for a month, if not, she will have surgery next Wednesday.

Friday, March 30, 2012

Weston: FBI Gives Update on Missing Lewis County Girl

The FBI has a working theory about what happened to a 3-year-old Lewis County girl who vanished six months ago, and it doesn’t involve a break-in.

FBI agent John Hambrick will not say what that theory is, or whether he believes Aliayah Lunsford is still alive.

But Hambrick said Thursday at a news conference in Weston that there is no evidence to support a break-in as a theory.

Aliayah disappeared from her Bendale home Saturday, September 24, 2011, and there has been no sign of her since.

Last week, Lena Lunsford’s attorney said she believes there is no way her daughter wandered off.

Hambrick says even though police do not speak publicly about the case often, they are aggressively pursuing it every day.

However, the FBI Special Agent will say one theory has been totally dismissed.

“There was some concern or a theory that was out there early on in the investigation that someone might have broken into the house and that was associated with Aliayah’s disappearance,“ Hambrick said.

“The investigation, to date, has revealed no information whatsoever to indicate that there was a break in or a home invasion or anything of the sort.“

“We are receiving leads daily,“ Hambrick said.  “We’ve received 125 to 150 tips, most of them through the West Virginia Fusion Center which has been a tremendous help in this matter.“

Hambrick says investigators have spent hours analyzing evidence in the case have developed a working theory about what happened to Lunsford.

At this point, though, they are not talking about the theory publicly and will not say whether they believe Lunsford is still alive.

Tips are accepted through the West Virginia Fusion Center at www.fusioncenterwv.gov or 304.558.4831.

Wednesday, March 28, 2012

Lewis County Man Sues Springfield Armory, Individuals for Gun Shot

A Lewis County man is suing Springfield Armory for a gun shot he sustained while at a friend’s residence.

Devon McCartney and James E. McCartney were also named as defendants in the suit.

On March 05, 2010, Joshua Shane Davisson was visiting the home of William H. McCartney with his friend Vernon Groves when Devon McCartney came to visit the residence, according to a complaint filed in Monongalia Circuit Court.

Davisson claims Devon McCartney and/or James McCartney are the owner(s) of a .40 caliber Springfield Armory XD-40 Subcompact pistol.

Devon McCartney negligently and carelessly transported the loaded gun from James McCartney’s home to the home of William McCartney and negligently and carelessly handled the gun causing it to discharge into Davisson, according to the suit.

Davisson claims as a result of the defendants’ negligence, he was shot in the sternum with the bullet ultimately becoming lodged in his left thigh.

James McCartney negligently permitted Devon McCartney to access the gun without verifying that they had the requisite knowledge to handle and/or disassemble the gun in a safe manner, according to the suit.

Davisson is seeking compensatory damages with pre- and post-judgment interest.

He is being represented by Timothy J. Manchin and Taylor B. Downs.

Monongalia Circuit Court case number: 12-C-148

~~  Kyla Asbury - WV Record  ~~

OddlyEnough™:  Couple Made 5-Year-Old Swallow Pepper

An Elkins couple accused of forcing a 5-year-old boy to swallow more than a tablespoon of pepper is facing felony child abuse and neglect charges.

Police charged 36-year-old Tina Carver with two counts and 40-year-old Larry Neil Carver with one.

The boy began choking earlier this month and went into full respiratory failure.

He was on life support but told child-welfare workers what happened after he had recovered.

Doctors say the pepper was in his stomach and lungs, and he could not have ingested that much on his own.

He also told authorities he had been forced to eat his own feces and suck urine from a diaper because he was hungry and thirsty.

The Carvers were free on bond Tuesday.

Their attorneys predict the couple will be exonerated.

Tuesday, March 27, 2012

Calhoun County: Crime Outpacing Last Year

The number of people living in tiny Calhoun County has barely changed in the past decade, but officials say serious crimes have been soaring.

Last week, a grand jury indicted four people in three deaths, one of them a 2-month-old girl.

The unrelated death of another infant is under investigation.

During the first quarter of 2012, the number of arrests and prosecutions has been outpacing last year, Magistrate Court Clerk Gary Smith told the Parkersburg News and Sentinel.

Authorities handled 86 felony crimes and 350 misdemeanors in all of 2011, he said.

By March 20, 2012 they had already handled 42 felonies and 102 misdemeanors.

“It seems to be escalating,“ said Smith, a longtime resident who until recently could recall only one murder in the county of 7,600.

In 2008 and 2009, the county had fewer than 55 felonies, he said, but during 2010, there were 70.

“We are a small, sleepy little town with a lot of stuff going right now,“ Smith said. “I don’t know what the answers are, but it doesn’t seem to be getting any better.“

Sheriff Alan Parsons, a resident since 1968, and Calhoun County Commissioner Bob Weaver say a stronger law enforcement presence in a region with chronically high unemployment could be driving the trend.

“After a number of years of fairly low performance, the West Virginia State Police have really stepped up to the plate,“ Weaver said. “... I am really happy with them. They are doing what they are supposed to do.“

West Virginia State Police spokesman Sgt. Michael Baylous said the agency is constantly shifting resources to meet the public’s needs.

Calhoun County Prosecutor Rocky Holmes — one of only seven part-time prosecutors in West Virginia — said the Grantsville Police Department and the sheriff’s department have added officers, too.

The state Department of Health and Human Resources, meanwhile, has increased the number of Child Protective Services workers in the county.

“We used to have one,“ Holmes said. “Now we have five.“

U.S. Census Bureau figures for Calhoun County show that more than 20% of residents live below the federal poverty level, compared with a statewide rate of about 17%.

The median household income of $26,922 was lower than the state average of $38,380 between 2006 and 2010, and the unemployment rate has remained among the highest in West Virginia.

February figures put Calhoun’s unemployment rate at 13.2%, behind only Hancock County at 13.9%. Neighboring Wirt and Roane counties were at 13%.

Monday, March 26, 2012

Mystery Lingers around Weston, WV Girl Missing 6 Months

The mother of a 3-year-old girl who vanished from her West Virginia home six months ago last Saturday believes that her daughter is still alive and prays daily for her safe return, her attorney said last Friday.

Lena Lunsford doesn’t know what happened to daughter Aliayah or where she is, but Mike Woelfel said she refuses to give up hope and continues to cooperate with investigators.

“Lena is convinced that no blood relative of Aliayah knows what has happened to her. Nor was she involved in any way with her disappearance,“ he told The Associated Press.

Asked whether Lunsford believes a non-blood relative may have been involved, Woelfel said only, “She doesn’t know what has happened to Aliayah.“

She has, however, recently filed for divorce from her husband, Ralph Keith Lunsford.

She has been living with her mother for months under a judge’s order and is currently awaiting sentencing for federal welfare fraud.

But the lawyer said Lena’s mother died about two weeks ago.

Aliayah vanished from her Lewis County home near Bendale on Saturday, September 24, 2011, and there has been no sign of her since.

Lunsford, age 29, told police her daughter was in bed at 6:30 AM but was gone when she checked on her later.

Aliayah was about 3 feet tall and 35 pounds, with brown hair and brown eyes.

She was last seen wearing purple pajama bottoms and a pink sweat shirt.

Based on the configuration of the door, the doorway and the doorsteps, Woelfel said he and Lena Lunsford have concluded “there is no way the child could have simply wandered off from the home. No way.“

“A child that age, that size, with the dexterity of a child that age,“ he said, “... it’s all but physically impossible to have just been a simple walk-off.

“I’m not saying it’s an impossibility,“ he added, “but we don’t believe that happened.“

Authorities have said they are treating Aliayah’s disappearance as a crime, but they have named no suspects, made no arrests and refused to say what they think happened.

Neither the West Virginia State Police nor the Lewis County Sheriff’s Department responded to messages Friday.

FBI spokesman Bill Crowley acknowledged public interest in the case but would not comment on the investigation.

He said the FBI will likely hold a press conference next week to bring the public up to date.

In a hearing related to the fraud charges last fall, however, Ralph Lunsford suggested he has been the focus of at least some scrutiny.

He told a judge he had “been questioned by authorities day after day for the last month or two.“

He has repeatedly declined to speak to the media.

At the time of the disappearance, Lena Lunsford was eight months pregnant with twins and had four other children, from 9 months to 11 years old. She has since delivered the two girls.

Lena pleaded guilty in January to selling $114 worth of credit on her food stamp card for $50 cash.

She had been indicted on multiple counts in October, accused of swapping for cash five times in two months.

U.S. Magistrate John Kaull ordered her to live apart from her husband in November after he admitted buying and using synthetic drugs called bath salts.

Lena has only issued one brief statement until now. Woelfel said granting interviews would be counterproductive to the investigation, but she believes authorities are handling the case appropriately and appreciates their work.

“Who would have abducted this child, and why,“ he said, “that’s a mystery.“

Saturday, March 24, 2012

G-otcha™: Two Individuals from Gilmer Federal Prison Convicted on Escape Charge

Two individuals were convicted on March 22, 2012, by a Clarksburg jury.

The trial lasted two and a half days and concluded on Thursday afternoon after the jury had deliberated for approximately one hour.

Judge Irene M. Keeley presided over the trial.

HARVEY BREWER, age 39, an inmate at FCI Gilmer was convicted of escape and TASHA SHELEKA SAUNDERS, age 32, of Baltimore, Maryland, was convicted of aiding and abetting the escape of BREWER from FCI Gilmer on August 28, 2010, where he was in confined at the direction of the Attorney General upon a conviction in the District of Maryland for the offense of conspiracy to distribute and possess with intent to distribute heroin.

BREWER and SAUNDERS, who are in custody, face a maximum exposure of 5 years imprisonment and a fine of $250,000.

The case was prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the West Virginia State Police - Glenville detachment and the Federal Bureau of Investigation and the Federal Bureau of Prisons.

Friday, March 23, 2012

Calhoun Couple Indicted In Infant’s Death

Imprisonment Status:  Pre-Trial Felon
Ashley Nicole Kreh
	Full Name:	Kreh,  Ashley Nicole
	Height:	5’  3”
	Weight:	160 lbs.
	Birth Date:	04.05.1990
	Gender:	Female
	Booking Date:	02.22.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon - Charged with death of a child by parent by child abuse

Offender Court Order Information

A Calhoun County couple has been indicted in the death of their infant daughter.

Ashley Kreh, age 21 and Ordie Rogers, age 30 are charged with murder and child abuse resulting in death.

Their 2-month old daughter died of blunt force trauma to the head last month.

She was taken to Roane General Hospital on February 17, 2012 with a skull fracture and a broken arm and died two days later.

Imprisonment Status:  Pre-Trial Felon
Ordie Jackson Rogers
	Full Name:	Rogers,  Ordie Jackson
	Height:	5’  8”
	Weight:	150 lbs.
	Birth Date:	06.26.1981
	Gender:	Male
	Booking Date:	02.22.2012
	Facility:	Central Regional Jail
	Imprisonment Status:	Pre-Trial Felon - Charged with a death of a child by neglect

Offender Court Order Information

Calhoun County Woman Sues WV Trooper for Civil Rights Violations

The WV Record Reports:

A Calhoun County woman alleges she was falsely arrested by a West Virginia State trooper to leverage her cooperation in the investigation of a missing Roane County teenager.

Jackie L. Denmark on March 12 filed a civil rights suit against Cpl. D.B. Starcher in U.S. District Court. In her complaint, Denmark, 58, of Orma, alleges Starcher arrested her two years ago for the sole purpose of getting her son, William Albert “Seth” Denmark, to disclose the whereabouts of David Wayne Beech III.

According to the suit, Starcher with the Grantsville detachment first interviewed Denmark in May 2006 shortly after Beech, 17, from Spencer, was reported missing. Starcher and two deputies from the Roane County Sheriff’s Department received information Beech might be at the Denmark residence.

In the course of the interview, Denmark denied knowing Beech’s whereabouts.

Four years later, Starcher obtained a warrant to search the Denmark property. The warrant, according to the suit, was a result of Veronica Cottrill saying she, at gunpoint, was made to help Seth bury Beech’s body on a nearby hillside.

In her statement, Cottrill stated Denmark was aware Seth abducted Beech, and later killed him. Though some evidence was discovered at the scene, Beech’s body was never discovered.

Based mostly on Cottrill’s statement, Starcher arrested Denmark on March 12, 2010, and had her charged with one count of aiding or abetting kidnapping. Following her arrest, Denmark remained in jail for an unspecified period before being released on bond that included a period of house arrest.

According the suit, Calhoun Circuit Judge David W. Nibert dismissed the charge April 02.

Her arrest, and subsequent incarceration, Denmark alleges, was done out of Starcher’s “desire to accomplish a collateral advantage” of charging Seth with murder. In the suit, Denmark states while Seth was incarcerated at the Anthony Correctional Center in Greenbrier County on unrelated charges prior to his arrest for Beech’s kidnapping, Starcher interviewed him, and said he would have her arrested if Seth did not tell him the location of Beech’s body.

In her suit, Denmark maintains Starcher’s abuse of the legal process based largely on Cottrill’s uncollaborated statement resulted in a depravation of her constitutional rights. As a result, Denmark says that along with losing her full-time job, she’s “suffered great hardship, physical and mental emotional harm [and] enjoyment of life.“

Denmark seeks unspecified damages, attorney’s fees and court costs. She is represented by Henry E. Wood III of Charleston and Lee F. Benford II of Ripley.

The case is assigned to Judge Irene M. Keeley.

U.S. District Court for the Northern District of West Virginia case number 12-cv-43

~~  Lawrence Smith - Harrison Bureau – WV Record ~~

Roane County Couple Accused of Trying to Sell 2-Year-Old

West Virginia State Police have charged a Roane County couple with trying to sell the man’s 2-year-old son to a relative.

Troopers arrested Tyler Toler, 20, and his wife, Katelyn Toler, 19, on Wednesday after they met the boy’s grandmother in the Roane County Courthouse square in Spencer.

WV State Police says the couple tried to sell the boy to the grandmother for $2,500.

The grandmother was working with police.

Tyler Toler denied the allegations.

He and his wife are each charged with the prohibited sale of a child and conspiracy to commit a felony.

They are each being held on $200,000 bond at the Central Regional Jail.

Monday, March 19, 2012

Governor & Correction’s Commissioner Are Looking for Outside Help as Solution to Prison Overcrowding

The state legislature failed to do anything about the ever-growing state prison overpopulation during this year’s regular session. But help is coming.

Governor Earl Ray Tomblin has made a request for the Council for State Government, part of the Center for Justice, to come into West Virginia and conduct a study on what needs to be done to end prison overcrowding.

The Center for Justice did a similar study in Texas and helped turn around their prison system.

Tomblin believes it can happen here in West Virginia as well.

“We’re hoping to work with them over the next several months to try and implement some of those programs in West Virginia in order to cut down on the criminal prison population.“

Jim Rubenstein, the Commissioner of the West Virginia Department of Corrections agrees, the state needs some help.

“One they conduct and complete their study, they give you a road map and they tailor it to West Virginia and our codes and our way of doing business.“

Rubenstein stresses this is a chance to finally tackle a problem that’s been plaguing the state for years.

“If it were simple, we would have figured it out a long time ago.“

The Commissioner says the state has tried to come up with solutions to the problems from suggesting to build a new state facility to early release for non-violent offenders.

But those things have not worked. He believes now is the time to get some help from people who have been able to turn around prison systems in other states.

“We’re certainly at that point now within the state, says Rubenstein. “We need to take some action one way or the other.“

The study will take 5-6 months to complete once it gets underway.

Both Rubenstein and Governor Tomblin are convinced the information gained will help the constant overcrowding problems.

Friday, March 16, 2012

G-MM™: Meditation Moment - 03.16.12

‘You shall love the Lord your God with your whole strength. You shall love your neighbor as yourself.’

Those of us who are wandering in the uplands of life or, in racing parlance, coming up the strait to the end can remember being taught ‘humility’.

This meant regarding oneself almost as an enemy who needed to be put down regularly.

We read biographies of saints who seemed to spend their lives moaning about how wretched and worthless they were in God’s sight so presumably they thought this about everyone else.

Their neighbors didn’t stand much of a chance if they loved them like they loved themselves.

Now it is acceptable to treat oneself and everyone else with respect, kindness, joy and gratitude.

This is loving God in our neighbor.

Lord, we want to be like you.

You talked of doing God’s will and loved everyone else in a practical way.

Help us to be like you.

Hosea 14:2-10. I am the Lord, your God: hear my voice—Ps 80(81):6, 8-11, 14, 17. Mark 12:28-34.

Wednesday, March 14, 2012

Clay County: Hunting Accident Claims Life

A high school boy is dead after an apparent hunting accident from the weekend in Clay County.

West Virginia State Police say Dillon Dawson, age 15, was shot and killed back on Saturday afternoon, March 10, 2012, by an elderly relative.

The shooting happened about Noon Saturday in the community of Nebo.

Troopers indicate the boy may have been checking or installing a trail camera and the shooter mistook him for a coyote.

Dawson was shot in the forehead.

The investigation has been turned over to Natural Resources Police who are being very tight-lipped about any of the circumstances of the incident.

“This is still very early in the investigation and we’re still trying to figure out what happened,“ said DNR Captain Mike Waugh. “We’re still waiting for information from the State Police lab and still waiting on information from the Medical Examiner.  Until we get that, we’re not going to be able to make a determination on what happened.“

So far no charges have been filed against the alleged shooter.  Wall would not confirm the relation between the boy and the shooter.  Published reports indicate it was the victim’s great uncle.

Dawson was a freshman at Clay County High School.

The student body was informed of his death on Monday and counselors were on hand to help break the news.

A vigil was set for 6:00 PM Tuesday evening at the school to remember the teen. 

Tuesday, March 13, 2012

United States Court of Appeals, Fourth Circuit: U.S. v. HENRY (Rosedale, WV)

ARGUED: Brian Joseph Kornbrath, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Clarksburg, West Virginia, for Appellants.

Shawn Angus Morgan, OFFICE OF THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for Appellee.

ON BRIEF: Charles T. Berry, Fairmont, West Virginia, for Appellant Edgar Henry.

William J. Ihlenfeld, II, United States Attorney, Clarksburg, West Virginia, for Appellee.

Before WILKINSON, KEENAN, and WYNN, Circuit Judges.

Affirmed by published opinion. Judge Keenan wrote the opinion, in which Judge Wilkinson and Judge Wynn joined.

BARBARA MILANO KEENAN, Circuit Judge.

Kimberley Henry and her husband Edgar Henry (collectively, the Henrys) were convicted in a jury trial of two offenses related to their conduct of growing marijuana at their home in a rural area of West Virginia. The Henrys raise three issues in this appeal: 1) whether a thermal-imaging search warrant that led to the seizure of marijuana on their property was valid; 2) whether the district court erred in excluding testimony that Edgar Henry used marijuana for medical purposes; and 3) whether the district court erred in determining that the Henrys were ineligible to receive “safety valve” sentencing consideration under 18 U.S.C. § 3553(f). Upon our review of these issues, we affirm the Henrys’ convictions and sentences.

In September 2003, Sergeant Steve Jones of the West Virginia State Police received information that the Henrys were growing large amounts of marijuana at their residence in Rosedale, West Virginia. Jones relayed this information to Sergeant James M. Manning, a West Virginia State Police officer who also was serving as a deputy task force agent with the United States Drug Enforcement Administration. After receiving this information, Manning began investigating the Henrys.

On July 13, 2004, Manning filed an application for a search warrant to conduct a thermal-imaging scan of the Henrys’ property. In his affidavit filed with the warrant application, Manning stated that he received information from a deputy sheriff that a confidential informant had revealed that the Henrys had been growing and distributing marijuana in the Rosedale area for the past four years.

The affidavit also contained the information that Manning received from Sergeant Jones, including an account from an anonymous source who stated in 2003 that the Henrys maintained a large indoor marijuana “grow operation” at their residence near Rosedale. This source also stated that the Henrys once had lived in New Jersey. Manning confirmed with the West Virginia Department of Motor Vehicles that the Henrys’ physical address was in Rosedale, West Virginia, which is located in Gilmer County. Manning additionally confirmed that Kimberley Henry‘s social security number was issued in New Jersey.

Also in the affidavit, Manning stated that in November 2002, two West Virginia State Police officers interviewed an inmate named Phillip Lee Sandy in a jail in Braxton County, West Virginia, regarding his knowledge of drug-related activity. Sandy told the officers that he had purchased small quantities of high-quality marijuana from Kimberley Henry on four or five occasions. Sandy also stated that the Henrys had constructed a building behind their residence to grow marijuana hydroponically, and Sandy provided the officers with a hand-drawn map of the Henrys’ property.

According to Sandy, the Henrys moved to West Virginia from the Washington, D.C. area. Manning corroborated this information when he conducted a criminal history review and learned that Edgar Henry had an arrest record in certain areas of Maryland located near Washington, D.C. Manning’s investigation further revealed that Edgar Henry’s first arrest in that area, in 1972, was based on drug-related charges, and that his second arrest in Maryland, in 1993, was for possession of marijuana.

Manning corroborated Sandy’s description of the Henrys’ property by conducting an aerial surveillance of the property in February 2004. During that surveillance, Manning observed a tan-colored residence with an attached, enclosed walkway leading to a building behind the residence.

As stated in the affidavit, several weeks after conducting the aerial surveillance, Manning and two other officers walked “along the roadway in the area of the [Henrys’] residence” to view the property. Manning observed in the rear building two large hooded lights and two ceiling fans, and heard the sound of a “large ventilation fan” emanating from the roof of the building.

The affidavit also stated that in May 2004, Manning learned that Edgar Henry had been arrested and charged with assault and disorderly conduct after threatening individuals at a grocery store in Rosedale who were trying to organize a “neighborhood watch program.“ Following Henry’s arrest, police discovered marijuana on his person, and Henry later was charged with possession of marijuana.

Manning also included in the affidavit the fact that Kimberley Henry did not have an arrest record. However, Manning further stated that Kimberley Henry appeared to have a particular interest in a 2002 federal prosecution of another individual from Rosedale who was charged with growing marijuana. A West Virginia State police officer had informed Manning that Kimberley Henry was present for every court appearance made by that defendant.

Finally, Manning stated in the affidavit that he received power usage records for the Henrys’ residence, which revealed an average bi-monthly electric usage of 10,870 kilowatt hours, with an average cost of about $728 for each bi-monthly billing period. Additionally, Manning confirmed that the Henry residence was not heated by electric power, but by gas.

After reviewing this affidavit along with Manning’s application, a magistrate judge concluded that there was probable cause to support a thermal-imaging scan of the Henrys’ property, and issued the requested search warrant. Manning executed the thermal-imaging search warrant in July 2004.

During the search, although the outside temperature in the area was about 58 degrees Fahrenheit, an air conditioning unit was operating in the rear building. However, the air conditioning unit in the residential portion of the property was not operating. Using night-vision goggles and a thermal-imaging unit, Manning and another officer determined that the rear building emitted a high amount of heat, which was much greater than the residential portion of the structure.

Relying on the information obtained during this search, along with the information provided in his initial affidavit, Manning applied for a second search warrant to conduct a physical search of the Henrys’ property. The magistrate judge issued the requested warrant.

During the physical search of the Henrys’ property, the police seized numerous items, including a total of 85 marijuana plants in various stages of development. The police also seized evidence of a recent harvest, including 31 marijuana plant roots.

Additionally, the police discovered various types of “growing equipment,“ processed marijuana, triple-beam scales, gallon-sized plastic bags, drug usage paraphernalia, and a binder containing handwritten notes, most of which were entered by Kimberley Henry and involved the growing of marijuana from 2000 through 2002. Finally, the police seized $1,800 in cash, in the form of $100 bills.

The Henrys were indicted in the United States District Court for the Northern District of West Virginia on three counts: 1) conspiracy to manufacture, distribute, and possess with intent to distribute 100 or more marijuana plants, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B); 2) aiding and abetting in the manufacture of 100 or more marijuana plants, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2; and 3) aiding and abetting in the possession with the intent to distribute less than 50 kilograms of marijuana.

The Henrys filed a motion to suppress the evidence obtained from the searches of their property, arguing that the warrant application for each search was insufficient, and that the initial affidavit for the thermal-imaging search warrant was so deficient that it constituted a “bare bones” affidavit. The magistrate judge conducted hearings on the Henrys’ motion and issued an opinion recommending that the district court deny the motion. The district court agreed with this recommendation and denied the Henrys’ motion to suppress.

Also before trial, the district court considered the government’s motion in limine. In that motion, the government sought to preclude the Henrys from offering testimony that Edgar Henry personally used the marijuana grown by the Henrys to alleviate symptoms relating to his medical illnesses. The purported purpose of this testimony was to show that the Henrys lacked any intent to distribute the marijuana being grown on their property.

After conducting a hearing, the district court granted the government’s motion in limine. The district court concluded that the Supreme Court’s holding in United States v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483 (2001) (Oakland Cannabis), prohibited the Henrys from presenting a “medical necessity defense.“ However, the district court permitted the Henrys to offer evidence that they possessed and manufactured the marijuana solely for their personal use.

The case proceeded to a jury trial. The jury convicted the Henrys of two charges, the charge of conspiracy to manufacture, distribute, and possess with intent to distribute 100 or more marijuana plants, and the charge of aiding and abetting in the manufacture of 100 or more marijuana plants. The jury found the Henrys not guilty of the charge of aiding and abetting in the possession with the intent to distribute less than 50 kilograms of marijuana.

The Henrys’ pre-sentence reports reflected that the Henrys both were subject to a five-year mandatory minimum sentence under 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B). The Henrys objected to the pre-sentence reports and contended that they should not be subject to the statutory minimum sentence because they qualified for a sentencing benefit under the “safety valve” provision of 18 U.S.C. § 3553(f). In support of their argument, the Henrys relied on a written “offer of proof” submitted to the district court before sentencing, in which the Henrys described the details of their marijuana operation.

After conducting a sentencing hearing during which the parties presented testimony and other evidence, the district court determined that the Henrys were not credible, and that they had not provided the government with all relevant information relating to the offenses. Thus, the district court concluded that the Henrys failed to establish that they qualified for safety valve relief. The district court imposed on each defendant the mandatory minimum sentence of 60 months’ imprisonment. The Henrys timely filed this appeal.

We first consider the Henrys’ contention that the district court erred in denying their motion to suppress. The Henrys’ argument on this issue is limited to challenging the sufficiency of the affidavit submitted to obtain the thermalimaging search warrant. We review this issue of law de novo. See United States v. Wellman, 663 F.3d 224, 228 (4th Cir. 2011). 

A judicial officer’s determination of probable cause generally is accorded “great deference” by reviewing courts. Illinois v. Gates, 426 U.S. 213, 236 (1983); Wellman, 663 F.3d at 228. In deciding whether there was probable cause to support the issuance of a search warrant, we consider whether the known facts and circumstances were sufficient such that a reasonable person could conclude that the described evidence would be found in a particular place. Wellman, 663 F.3d at 228. The probable cause standard “is not defined by bright lines and rigid boundaries” but “allows a [judicial officer] to review the facts and circumstances as a whole and make a common sense determination” whether there is a fair probability that evidence of a crime will be found. Id. (quoting United States v. Grossman, 400 F.3d 212, 217 (4th Cir. 2005)). 

The Henrys assert that the affidavit at issue failed to meet this probable cause standard. The Henrys focus their argument on the information provided by the two unidentified sources and by Sandy, the cooperating inmate. According to the Henrys, these sources failed to explain how they obtained the information they relayed to the authorities, and failed to provide sufficient details to demonstrate that they were credible and reliable sources. The Henrys further contend that Sandy’s information was “stale,“ because he was interviewed by the police more than twenty months before the thermal imaging search warrant was issued. Additionally, the Henrys argue that although Manning submitted information to the magistrate judge regarding power usage at the Henrys’ property, Manning failed to show that such usage was irregular.

We disagree with the Henrys’ arguments, because they isolate certain aspects of the affidavit to the exclusion of other supporting facts and circumstances. Initially, we observe that the Henrys accurately identify certain weaknesses in the affidavit concerning the information obtained from Sandy and the two unidentified sources. The individual statements from each of these three sources were not based on recent information. Rather, the sources only were able to state that the Henrys had grown large amounts of marijuana at their residence in the past, and that the sources had purchased marijuana from the Henrys at some unidentified earlier time.

Because these accounts were not based on recently acquired information, the accounts, if considered separately, may well have been insufficient to establish probable cause. However, when considered collectively, that information demonstrated that three individuals with no connection to one another provided consistent statements regarding the Henrys’ alleged illegal conduct involving the manufacture and distribution of marijuana.

We also observe that many details provided by these three sources were corroborated by Manning’s independent investigation. Manning confirmed that Kimberley Henry had lived in New Jersey, that the Henrys likely moved to West Virginia from the Washington D.C. area, and that the Henrys’ property, when viewed by Manning during an aerial surveillance, appeared as described by Sandy. In addition, the magistrate judge’s determination was supported by other details, including Edgar Henry’s threats to residents seeking to organize a neighborhood watch program, and Kimberley Henry’s acute interest in court proceedings involving a person accused of manufacturing marijuana in the Rosedale area.

Regarding the electric power usage information submitted to the magistrate judge, the Henrys correctly observe that Manning failed to provide information to assist the magistrate judge in determining whether the Henrys’ power usage was excessive for a property of that size. However, Manning did determine that the residence was heated by gas, rather than by electric power. Therefore, the magistrate judge was able to consider the Henrys’ electric power usage information in that relevant context.

In view of the collective strength of this information, we conclude that the affidavit provided a sufficient basis to establish probable cause for issuance of the thermal-imaging search warrant. Therefore, we hold that the district court did not err in denying the Henrys’ motion to suppress.

We next consider the Henrys’ argument that the district court erred in granting the government’s pre-trial motion in limine, thereby preventing the Henrys from presenting evidence that Edgar Henry used marijuana to improve symptoms related to his medical illnesses. The Henrys contend that the district court erroneously applied the Oakland Cannabis case in granting the motion in limine. We disagree with the Henrys’ argument.

We review a district court’s refusal to admit evidence under an abuse of discretion standard. United States v. Malloy, 568 F.3d 166, 177 (4th Cir. 2009). A district court abuses its discretion when it acts in an arbitrary manner, when it fails to consider judicially-recognized factors limiting its discretion, or when it relies on erroneous factual or legal premises. Id. (citing United States v. Uzenski, 434 F.3d 690, 709 (4th Cir. 2006)). 

We conclude that the district court did not abuse its discretion in limiting the scope of the Henrys’ defense based on the decision in Oakland Cannabis. In that case, the government filed an action seeking an injunction against a California cooperative to enjoin the cooperative from manufacturing and distributing marijuana to patients who qualified under California law to receive marijuana for medical purposes. 532 U.S. at 486-87. After the district court granted the government’s request for a preliminary injunction, the cooperative asked the court to modify the injunction to permit distributions that were “medically necessary.“ Id. at 488. The district court denied the cooperative’s request and, on appeal, the Ninth Circuit reversed the district court’s ruling. Id.

The Supreme Court disagreed with the Ninth Circuit’s decision. The Supreme Court held that the district court was not permitted to consider the cooperative’s medical necessity defense in fashioning injunctive relief, because medical necessity is not a defense to the conduct prohibited by the Controlled Substances Act (the Act), 21 U.S.C. § 801 et seq. Id. at 494.

In reaching this conclusion, the Court observed that the Act contained only one exception to the general prohibition of manufacturing marijuana or possessing marijuana with the intent to distribute, namely, the exception afforded to government-approved research projects. Id. at 489-90 (citing 21 U.S.C. §§ 823(f), 841(a)(1)). The Court further explained that for a drug to qualify as a Schedule I controlled substance under the Act, that drug cannot have any “currently accepted medical use” in treatment in the United States. Id. at 491 (citing 21 U.S.C. § 811). Thus, the Court reasoned that Congress, by including marijuana as a Schedule I controlled substance, made a determination “that marijuana has no medical benefits worthy of an exception” beyond the single exception for government-approved research stated in the Act. Id.

As the Henrys accurately observe, the facts and circumstances in Oakland Cannabis differ significantly from those before us in the present case. Here, the Henrys were not seeking to defend their acts of distribution of marijuana on the basis that marijuana provided some medical benefit. Rather, the Henrys sought to bolster their defense of personal use of marijuana by explaining their belief that marijuana had a beneficial impact on Edgar Henry’s health.

Despite this distinction, however, a critical component of the Supreme Court’s rationale in Oakland Cannabis is relevant here. As the Supreme Court explained, because Congress has determined that there is no medical benefit from the use of marijuana, such use cannot serve as a defense to conduct prohibited by the Controlled Substances Act. Given Congress’ determination, we cannot say that the district court acted arbitrarily or relied on an erroneous legal principle in determining that the Henrys’ reason for personally using marijuana should be excluded from evidence. Therefore, we conclude that the district court did not err in granting the government’s motion in limine.

Finally, the Henrys argue that the district court committed sentencing error in determining that they both were ineligible for safety valve relief under the provisions of 18 U.S.C. § 3553(f). Because a district court’s decision regarding the eligibility for such relief presents a question of fact, we review the district court’s decision for clear error. United States v. Aidoo, ___ F.3d ___, ___, slip op. at 11 (4th Cir. 2012) (citing United States v. Wilson, 115 F.3d 429, 432 (4th Cir. 1997)). This standard of review permits reversal only if this Court is “left with the definite and firm conviction that a mistake has been committed.“ United States v. Stevenson, 396 F.3d 538, 542 (4th Cir. 2005) (quoting Anderson v. Bessemer City, 470 U.S. 562, 573 (1985)). In conducting our review, we accord the district court’s credibility determinations great deference. United States v. Layton, 564 F.3d 330, 334 (4th Cir. 2009).

When applicable, the safety valve provision permits a district court to impose a shorter sentence for first-time offenders who otherwise would be subject to a mandatory minimum sentence. 18 U.S.C. § 3553(f); United States v. Withers, 100 F.3d 1142, 1146 (4th Cir. 1996). A defendant seeking this statutory relief must establish that (1) the defendant does not have more than one criminal history point; (2) the defendant did not use violence or possess a firearm in connection with the offense; (3) the offense did not result in death or serious bodily injury; (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense; and (5) no later than the time of sentencing, the defendant truthfully provided the government with all evidence and information the defendant had concerning the offense or offenses comprising the same course of conduct or a common scheme or plan. 18 U.S.C. § 3553(f); see also U.S.S.G. § 5C1.2; United States v. Beltran-Ortiz, 91 F.3d 665, 669 (4th Cir. 1996).

In the present case, the district court concluded, and the government agrees, that the Henrys satisfied the first four requirements necessary to qualify for safety valve relief. Therefore, the only issue before us is the district court’s finding regarding the fifth requirement for safety valve relief, namely, that the Henrys failed to provide truthful information to the government concerning the offense or offenses that were part of the same course of conduct or common scheme or plan. See 18 U.S.C. § 3553(f)(5).

The Henrys argue that they provided the district court with all relevant information regarding their marijuana operation. They also contend that they provided financial documentation supporting their contention of legitimate income, including evidence that they regularly received income from their rental of farm equipment. The Henrys maintain that based on these submissions, they satisfied the fifth requirement of 18 U.S.C. § 3553(f) and were entitled to application of the safety valve provision. We disagree.

As we have explained, section 3553(f)(5) “requires broad disclosure from the defendant” and mandates that a defendant supply the details of his own culpability. Aidoo, slip op. at 13-14. The district court is obligated to determine whether a defendant has truthfully provided the government with all known relevant information, and the court may consider any false statements a defendant may have made when evaluating the defendant’s credibility. Aidoo, slip op. at 14-15. (citing United States v. Nuzzo, 385 F.3d 109, 119 n.25 (2d Cir. 2004); United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir. 2000)).

In the case before us, the district court found that the Henrys were not credible witnesses, and that certain representations they made were inconsistent with a full and truthful disclosure of all relevant information. The district court first cited Kimberley Henry’s trial testimony, in which she stated that the $1,800 in cash seized by the authorities came from a rental payment received for leasing their farm equipment. The district court contrasted this testimony with other evidence presented by the government, which showed that the equipment rental was paid for by check, not in cash. The district court also stated that although the Henrys presented some evidence that a portion of the $72,000 flowing into and out of their bank accounts during the time period covered by the conspiracy may have come from legitimate sources, the court found that the general absence of financial records was consistent with cash income based on illegal drug sales.

In addition, the district court noted that several items seized during the search of the Henrys’ property, including the triplebeam scales and the large plastic baggies found in close proximity to 299 grams of marijuana, indicated that the Henrys were distributing marijuana and not merely using it as they had maintained. Based on these considerations, the district court determined that the Henrys did not truthfully disclose all relevant information as required by section 3553(f)(5). We hold that the district court did not clearly err in reaching this determination, which was supported on the several bases described above.

Our conclusion is not altered by the fact that the district court rested its decision in part on its finding that the Henrys were not truthful when they denied that they had distributed marijuana. Although the jury found the Henrys not guilty of the charge of aiding and abetting in the possession with the intent to distribute marijuana, the issue remained at sentencing whether the Henrys truthfully disclosed all information regarding the $1,800 in cash seized by the police and the other undocumented income. Thus, the district court was entitled to evaluate the Henrys’ credibility on this issue, including whether their testimony revealed the true source of that income or instead was an attempt to obscure other illegal conduct related to the distribution of marijuana.

Based on the district court’s credibility finding, which we accord substantial deference, Layton, 564 F.3d at 334, and the several sound bases on which the district court relied, we hold that the district court did not clearly err in determining that the Henrys failed to carry their burden of proving that they satisfied the requirements of 18 U.S.C. § 3553(f)(5). Accordingly, we affirm the district court’s decision denying application of the safety valve provision.

For these reasons, we affirm the district court’s judgment.

AFFIRMED.

Tuesday, March 06, 2012

Commitment to United Way Is Uplifting

It has recently become apparent that residents of Randolph, Upshur, Lewis and Gilmer counties care a lot about their communities - so much so that they are willing to make personal cash investments.

Earlier this month, the United Way of Randolph County was seven minutes and $777 away from reaching its $30,000 goal during its Live United Telethon.

As co-hosts made their final push, the phone lines lit up and the United Way soon had every last dollar needed.

Just a day earlier, the United Way of Gilmer, Lewis and Upshur counties met and exceeded its annual fundraising goal of $65,000.

More than 250 people attended the Mardi Gras-themed elimination dinner at Stonewall Resort to contribute funds to the multi-county group.

Both events came to life with the help of dozens of volunteers.

It was the community members who delivered success.

In an economy that has many people on edge, it is uplifting to know that so many are willing to lend support to help their hometown agencies thrive and continue providing services that make our communities a better place to live.

It is this type of commitment that truly keeps alive the spirit of giving.

~~  United Way ~~