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Gilmer County Circuit Court Report

The Gilmer Free Press

Chief Judge Richard A. Facemire was in Gilmer County on Friday, August 21, 2015.

•  He heard 7 juvenile cases.


•  He also granted an adoption.


•  One case involving an insurance settlement had to be rescheduled.


•  The case of State of West Virginia vs. Kristin Clowser will now be heard on Friday, September 11, 2015 at 9:00 AM in Braxton County.


•  In the case of State of West Virginia vs. Andrew Taylor his bond was reduced to $15,000.00 and he must reside with his sister if he makes bond.

Taylor was represented by Christopher Moffatt of Charleston.

Gilmer County Family Court Report - 08.19.15

The Gilmer Free Press

On Wednesday, August 19, 2015 Family Court Judge Larry Whited heard cases in Gilmer County.

•  One hearing on relocation was heard.

•  One domestic violence hearing was continued, 2 were granted and a parenting plan was filed in another allocation petition.

•  One contested divorce was heard, but no order has yet been entered.

Glenville Woman Among 7 Charged with Insurance Fraud

The Gilmer Free Press

Seven people, including one from Glenville, WV, have been charged with insurance fraud in related cases across the Pennsylvania.

Rhonda Anne Grooms, 52, of Glenville, WV, is charged with one count each of insurance fraud and criminal attempted theft by deception.

She is accused of falsely claiming damage to her vehicle from a hit-run accident, when it had occurred prior to her obtaining the insurance policy.

The charges were filed by the attorney general’s insurance fraud section.

Also charged were:

Jennifer Marie Lamer, 28, 2110 Keats Way, Indiana, one count each of insurance fraud and theft by deception. She is accused of filing a false claim that she struck a deer with one insurance company, when she had already filed the same claim with another company.

Jacqueline S. Fox, 37, of Philadelphia, is charged with two counts each of insurance fraud and one count each of theft by deception, criminal attempted theft by deception and forgery. She is accused of submitting forged pay stubs for a disability insurance claim.

James M. Clemson, 54, of Philadelphia, is charged with two counts of insurance fraud and one count each of theft by deception and criminal attempted theft by deception. He is accused of falsely he was in his parked car when it was struck by another vehicle, and filing claims for injuries.

Joshua L. Adkins, 23, of Ellwood City, Beaver County, is charged with one count each of insurance fraud and criminal attempted theft by deception. He is accused of falsely claiming an accident occurred after he had purchased a new policy, when it occurred before.

Mining Company Takes Lone Wolfe Natural Resource Services to Court to Recover Damages

The Gilmer Free Press

WEBSTER SPRINGS, WV — A Webster County mining business is suing a Nicholas County company regarding a 2013 contract dispute allegedly resulting in extra cost and inconvenience to the plaintiff.

Brooks Run Mining Co. LLC filed a lawsuit against Lone Wolfe Natural Resource Services Inc. of Nettie in Webster Circuit Court on May 19, asserting breach of contract in a November 2013 project.

The suit states that the parties entered into an agreement on or about November 19, 2013, for construction work at the Sumter Mine area located near Erbacon in Webster County. Specifically, the project involved building a face up for the mine, approximately 9,000 feet of road from an existing haul road, a sediment pond and an access road.

According to the complaint, Lone Wolf was to furnish all personnel, labor, equipment and materials and complete the task within 150 days.

Brooks Run maintains that the defendant failed to perform the agreed tasks promptly and diligently, claiming that Lone Wolf abandoned the project midway through and materially breached its obligations under the contract.

The plaintiff alleges that the defendant neglected to move yardage material and construct the roadway properly, allegedly resulting in citations from the state Department of Environmental Protection.

Claiming breach of warranty, the plaintiff seeks judgment in its favor along with compensatory damages for economic losses, pre- and post-judgment interest, attorneys’ fees, and costs.

Brooks Run Mining Company is represented by M. Shane Harvey and Jonathan Anderson of Jackson Kelly in Charleston. The case has been assigned to Judge Jack Alsop.

Webster Circuit Court case number 15-C-16

~~  Carol Ostrow ~~

Wolfe Gets 40 Years for Murder of Orlando Woman

The Gilmer Free Press

Jeremy A. Wolfe appeared in Braxton County Circuit Court last Wednesday, August 12, 2015 for the purpose of entering a plea.

Wolfe was charged with murder in the death of 36 year old Crystal E. Dean of Orlando, WV who was reported missing on October 11, 2014.

Her body was later discovered in a remote area not too far from where she was last seen.

Through his attorney Wolfe entered a plea of guilty to 2nd degree murder in Dean’s death.

Prosecuting Attorney Kelly Hamon McLaughlin requested the maximum sentence of 40 years.

Wolfe also waived his right to a pre-sentence investigation and asked the Judge to be sentenced immediately.

After consideration Judge Richard A. Facemire sentenced Wolfe to the maximum sentence of 40.

Wolfe was returned to the Central Regional Jail to await transfer to the state penitentiary.

Both Prosecuting Attorney McLaughlin and investigating officer, Trooper Phil Huff of the Sutton Detachment of the West Virginia State Police stated that they were pleased with the outcome of the case.

“I am satisfied with the outcome of this case because the family of the victim is pleased,” commented Trooper Huff.

Gilmer County Circuit Court Report

The Gilmer Free Press

On Tuesday, August 11, 2015 Judge Jack Alsop heard cases in Gilmer County after rescheduling his August 10, 2015 motion day to today.


Three fugitives from justice, all represented by Brian Bailey of Buckhannon waived to return to their states as follows:

1) Christopher Page waived to return to Maryland,

2) Jimmy Bailey II waived to return to Texas and

3) Wesley Palmer waived to return to Virginia. 

Authorities in those states have until 4:00 PM Thursday, August 20, 2015 to pick these individuals up or they will be released from Central Regional Jail.

One case had been filed as a fugitive from justice by Magistrate Skinner, but it was discovered that he was wanted for a parole violation in WV so Judge Alsop closed the fugitive case on Jason M. Pritt but ordered him held for Dept. Of Corrections for further proceedings.

Pritt was also represented by Brian Bailey.

 

State of West Virginia vs. Damon Rice

He was before the Court for a motion to be readmitted to bond after his bond was revoked previously for failure to appear.

After pleading not guilty his pretrial was set for 9:15 AM on Yuesday, October 13, 2015 with trial to follow on Tuesday, October 27, 2015.

He is represented by Clinton Bishcoff of Summersville.

AAA Bonding was supposed to appear on this date to show cause why Rice failed to appear on July 22, 2015 for further arraignment.

Representatives of AAA failed to appear for this hearing after being contacted by the prosecuting attorney’s office and being made aware of the date and time of the hearing.

Judge Alsop ordered that AAA deposit $10,000.00 with the clerk within 10 days or they will be suspended from posting bond in Gilmer County.


Six juvenile matters were heard.


State of West Virginia vs. Mark Taylor

He was represented by Daniel Grindo of Gassaway.

He was before the Court for preliminary hearing on a probation revocation.

Taylor made admissions and Judge Alsop revoked his probation and sentenced him to 1-15 years in the penitentiary.


State of West Virginia vs. Garry Dobbins

He was represented by Clinton Bischoff of Summersville.

He made admission to his revocation hearing.

Judge Alsop sentenced him to 1-15 years in the penitentiary also.


State of West Virginia vs. Douglas Hardman

He was represented by Brian Bailey of Buckhannon.

He made admission to his revocation hearing and was sentenced to 60 days in Central Regional Jail and was readmitted to 5 years probation.


An evidentiary hearing was held in the case of Charles Emerson petitioner vs. David Ballard, respondent and Judge Alsop took the matter under advisement and ordered both sides to submit findings of facts within 14 days.

Emerson was represented by Bryan Hinkle with Gerald Hough represented David Ballard, the warden.


State of West Virginia vs. Max Beaubrun Jr.

He was before the Court for continuation of his arraignment with Teresa Monk, his attorney being present at this time.

He entered a plea of not guilty and his pretrial is Tuesday, October 13, 2015 at 9:30 AM and his trial is Wednesday, October 28, 2015.


A Braxton County case was heard in Gilmer County following the completion of the docket.

MORRISEY LEADS 15-STATE COALITION ASKING COURT TO STAY EPA’S CLEAN POWER PLAN DEADLINES

The Gilmer Free Press

CHARLESTON, WV – Attorney General Patrick Morrisey, leading a coalition of 15 state Attorneys General, filed a petition asking a court to issue an emergency stay to postpone deadlines imposed by the U.S. Environmental Protection Agency’s Clean Power Plan while its legality is determined by the courts.

“This rule is the most far-reaching energy regulation in the nation’s history, and the EPA simply does not have the legal authority to carry it out,” Attorney General Morrisey said. “With this rule, the EPA is attempting to transform itself from an environmental regulator to a central planning agency for states’ energy economies. The Clean Air Act was never intended to be used to create this type of regulatory regime, and it flies in the face of the powers granted to states under the U.S. Constitution.”

The petition was filed Thursday afternoon with the U.S. Court of Appeals for the D.C. Circuit by Attorneys General from the states of West Virginia, Alabama, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Michigan, Nebraska, Ohio, Oklahoma, South Dakota, Wisconsin and Wyoming.

Typically, a stay of a federal rule would not be sought until the lawsuit challenging it is filed, which would usually occur once the rule is published in the Federal Register. In most cases, the obligations imposed by a new rule are tied to the date of publication.

However, in this case, the Attorneys General argue, the EPA has made the unusual choice to make the states’ obligations effective immediately. Regardless of the date of formal publication, the states already have firm deadlines to submit initial and final compliance plans under the rule. Because it could be months before the 1,560-page rule is published, the Attorneys General believe court precedent makes clear that a request for a stay at this time is appropriate in order to prevent states from having to expend significant taxpayer resources to begin complying with the rule.

“If we were to wait on the EPA to get this rule published, it could be well into 2016 before the States complete arguments and receive a ruling on a request to stay this rule,” Attorney General Morrisey said. “By that time, many states will already be in the middle of drafting their compliance plans ahead of the September 2016 deadline. We want to ensure that no more taxpayer money or resources are wastefully spent in an attempt to comply with this unlawful rule that we believe will ultimately be thrown out in court.

“While this request is not typical, the EPA is playing games by putting the risk of a delay in publication entirely on the states,” Attorney General Morrisey said. “We hope the court will spare our states any more unnecessary harm, and that the EPA will not needlessly delay the publication date.”

Earlier this month, Attorney General Morrisey and a 16-state coalition asked the EPA for an administrative stay of the Clean Power Plan while its legality was reviewed by the courts. The EPA responded saying it would take the request “under consideration,” but the agency has yet to act on that request.

To ensure the least amount of harm to states and their resources, Attorney General Morrisey and the current coalition are asking for the court to rule on this emergency stay request by September 08 – approximately one year before states’ initial compliance plans are due.

“We sincerely hope that the Obama administration stops its gamesmanship and publishes the rule before the September 08 deadline so the states can challenge the rule on the merits,” Attorney General Morrisey said. “If the administration drags its feet, at the expense of the states and their citizens, the courts should grant us relief from a burdensome situation created by EPA’s highly unusual approach here.”

FCI Gilmer Inmate Convicted, Sentenced for Unlawful Possession of Heroin

The Gilmer Free Press

CLARKSBURG, WV – Parker Breckenridge, 39, an inmate at the Federal Correctional Institution at Gilmer, was convicted and sentenced Wednesday for unlawful possession of heroin inside the prison, United States Attorney William J. Ihlenfeld, II, announced.

Breckenridge was discovered in December 2014 in unlawful possession of heroin while incarcerated at FCI Gilmer. He was sentenced Thursday to an additional two months in prison.

Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Special Investigative Services Unit at FCI Gilmer led the inquiry.

U.S. District Judge Irene M. Keeley presided.

WV Landowners Win Injunction to Bar Pipeline Surveyors

The Gilmer Free Press

Monroe County Circuit Court Robert Judge Irons issued an injunction barring surveyors for the proposed Mountain Valley Pipeline from entering the Brian and Doris McCurdy’s property without their consent. The judge said the builders of the proposed pipeline, which is a joint project of EQT Corp., NextEra Energy and others, had failed to establish that the pipeline project offered sufficient public use for West Virginians to justify entering private property without an owner’s permission for surveying, as required by state law. The McCurdys were represented pro-bono by lawyers with Appalachian Mountain Advocates.


UNION, WV — Opponents of the Mountain Valley Pipeline in West Virginia won a round last Wednesday in Monroe County when a Circuit Court judge ruled that surveyors seeking a route for the pipeline could not enter the property of county landowners who had prohibited such access.

A packed courtroom of about 100 people reacted with cheers and applause.

Virginia law allows pipeline companies to survey without a property owner’s permission if the companies follow notification requirements. The relevant statute in Virginia, 56-49.01, does not require the companies to demonstrate public use. Instead, the Virginia law faces constitutional challenges in both state and federal courts.

After a trial Wednesday morning in Union, West Virginia, Judge Robert Irons said Mountain Valley Pipeline had failed to establish, as required by West Virginia law, that the pipeline project offered sufficient public use for West Virginians to justify entering private property without an owner’s permission for surveying.

Irons granted the motion of property owners Bryan and Doris McCurdy, who were represented pro bono by lawyers from Appalachian Mountain Advocates, and issued an injunction barring Mountain Valley surveyors from entering the McCurdys’ property without their consent.

Charlie Piccirillo, a lawyer with Shaffer and Shaffer in Madison, West Virginia, was among the attorneys representing Mountain Valley Pipeline during Wednesday’s trial.

He declined to comment afterward about the outcome.

Later, Natalie Cox, a spokeswoman for Mountain Valley Pipeline, emailed a reaction.

“While we respect the court’s bench ruling today, we will review the written order once it is received and consider our options going forward,” Cox said.

Derek Teaney, a lawyer with Appalachian Mountain Advocates who argued the case Wednesday, also declined to comment.

Bryan McCurdy, 64, responded to the ruling.

“We’re pleased,” he said. “We feel that this is the logical end. This supports what we’ve thought all along.”

Irons listened to the lawyers’ arguments and also heard sworn testimony from Bryan and Doris McCurdy and from Sean Posey, an EQT Corp. executive who is project manager for Mountain Valley Pipeline, a joint venture of EQT Corp., NextEra Energy and others.

Mountain Valley wants to build and bury a 42-inch-diameter, high-pressure natural gas transmission pipeline from Wetzel County, West Virginia, to the Transco pipeline in Pittsylvania County, Virginia.

Teaney asked Posey whether there is a firm commitment for the Mountain Valley project, as currently designed, to serve customers along the route in West Virginia.

Posey acknowledged that there is not such a commitment at this point in the process, when Mountain Valley is in the pre-filing phase of seeking approval of the interstate pipeline project from the Federal Energy Regulatory Commission.

“We fully expect usage to develop in West Virginia,” Posey said.

Irons said it seemed clear to him that the pipeline, as designed, provides “very little benefit to the people of West Virginia.”

During Posey’s testimony, he said Mountain Valley has an agreement with a local distribution company, or LDC, along the pipeline route in Virginia. When Teaney asked Posey to identify the company, he initially declined. And Piccirillo told Irons that such information was confidential.

Ultimately, Posey identified the company as Roanoke Gas but provided no additional details. Roanoke Gas had previously confirmed that it has been in talks with Mountain Valley and officials in Franklin County about a potential interconnect if the pipeline route, as planned, travels through Franklin County.

Paul Nester, vice president and chief financial officer for Roanoke Gas, declined to respond to Posey’s revelation.

“We’re actually bound by a confidentiality agreement,” Nester said, that prohibits discussing details about the deal.

Cox also cited confidentiality.

“At this time, we are not in a position to discuss details of an agreement with Roanoke Gas; and, as we have done in the past, the MVP business development team is continuing discussions with other LDCs along the proposed route,” she said.

Meanwhile, Posey testified that surveyors attempting to determine whether Indiana bats, an endangered species, are a presence on the McCurdys’ property or other property owners along pipeline routes face a deadline of Aug. 15.

On Wednesday evening, Angela Stanton, an organizer of Preserve the New River Valley, an anti-pipeline group in Virginia, reacted to the court ruling in West Virginia.

“We applaud these brave landowners for standing their ground and fighting for their personal property rights,” Stanton said.

WV Royalty Owners Association Hosting Meetings on Forced Pooling Legislation

The WV Royalty Owners Association (WVROA) is hosting a series of public meeting around the state to hear concerns, answer questions, and explain what is in the proposed forced pooling bill (HB 2688) considered by the Legislature.  Please see the schedule of meetings below if you are interested in attending.  All meetings start at 6 PM. For more information call 304.363.0239 or e-mail .


WVROA Public Meeting Schedule:

Monday, August 10: Charleston Moose, 2805 Kanawha Blvd. East, Charleston

Thursday, August 13: Upshur County Moose, 25 N. Kanawha Street, Buckhannon

Monday, August 17: Marshall Co. American Legion, 41 ½ Main Street, Cameron

Thursday, August 20: Wood Moose Lodge, 1607 Dupont Road,  Parkersburg

Monday, August 24: Fairmont Middletown Mall, 101 Tygert Loop,  Fairmont

Thursday, August 27: Glenville Inn, 61 Development Drive, Glenville

Monday, August 31: Hancock VFW, North Chester Street, New Cumberland

Cellphone Data Can’t Be Collected without Warrant, Court Rules

The Gilmer Free Press

WASHINGTON, D.C.—The U.S. Fourth Circuit Court of Appeals ruled Wednesday the government must have a warrant in order to spy on or obtain data from citizens’ cellphones.

The split decision in United States v. Graham says obtaining cellular data qualifies as a “search”—and thereby conducting such searches without a court order is unconstitutional according to the Fourth Amendment.

The case could go to the Supreme Court,, some experts believe, for a landmark ruling. Previous courts in the Third, Fifth and Eleventh circuits have ruled differently on the issue.

The Graham case stems from a series of robberies in Baltimore in which authorities attempted to pinpoint a suspect’s physical location by using data from his cellphone.

In Wednesday’s 2-to-1 decision, the court said ordering a cell provider to hand over records qualifies as a Fourth Amendment search because “society recognizes an individual’s privacy interest in her movements over an extended time period.

“We conclude that the government’s warrantless procurement of the [cell site location information] was an unreasonable search in violation of appellants’ Fourth Amendment rights,“ Judge Andre Davis wrote on behalf of the majority.

“Cellphone users have an objectively reasonable expectation of privacy in this information.“

The decision is a victory for privacy advocates who fear the government has too much authority in spying on Americans’ cellular activities—an issue that was compounded by Edward Snowden’s disclosures last year that federal entities like the National Security Agency regularly monitor cellphone data of potential terror suspects.

Gilmer County Circuit Court Report

The Gilmer Free Press

On Wednesday, July 22, 2015 Judge Jack Alsop held 8 more arraignments for the July, 2015 term of Court:


1) State of West Virginia vs. Damon Rice

He failed to appear and a bench warrant was issued for his arrest with bond being set at $25,000.00.

His attorney is Clinton Bischoff of Summersville.


2) State of West Virginia vs. Teresa Riggs

She entered not guilty pleas and her pretrial is Friday, September 18, 2015 at 11:30 AM with her trial being Wednesday, October 07, 2015.


3) State of West Virginia vs. Barbara Hess

She entered not guilty pleas and her pretrial is 2:00 PM on Friday, September 18, 2015 with her trial being Wednesday, October 14, 2015.

She is represented by Kevin Hughart of Sissonville and will be released after posting a $10,000.00 bond.


4) State of West Virginia vs. David Finley

He enter not guilty pleas and his pretrial is 2:30 PM Friday, September 18, 2015 with his trial being Wednesday, October 14, 2015.

Finley will be released after posting a $10,000.00 bond.


5) State of West Virginia vs. Joshua Clark

He entered pleas of not guilty and his pretrial is 1 PM Friday, September 18, 2015 with his trial on Wednesday, October 07, 2015.

He is represented by David Karickhoff of Sutton.


6) State of West Virginia vs. Shannon George

She entered not guilty pleas represented by Clinton Bischoff.

Her pretrial is 10:45 AM Friday, September 18, 2015 and trial Thursday, October 01, 2015.


7) State of West Virginia vs. Robert George Jr.

He also entered not guilty pleas and was represented by Brian Bailey of Buckhannon.

His pretrial is 3 PM Friday, September 18, 2015 and trial Wednesday, October 14, 2015.


8) State of West Virginia vs. Ronald Gilmore

He was represented by Christopher Moffatt of Charleston and entered not guilty pleas.

His pretrial is Friday, September 18, 2015 at 1:30 PM with his trial Thursday, October 08, 2015.

Gilmer County Circuit Court Report

The Gilmer Free Press

On Monday, July 20, 2015 Chief Judge Richard A. Facemire heard cases in Gilmer County Circuit Court.

Four fugitives from justice waived extradition as follows:

1) Timothy McNair waived to return to the state of Virginia,

2) Donavon Benjamin waived to return to the state of Ohio,

3) Bennie Blackwell waived to return to the state of Ohio, and

4) Michael Walthall wavied to return to the state of Virginia.

All 4 fugitives were represented by Clinton Bischoff of Summersville.


Also Judge Facemire heard 7 juvenile cases and granted Stephanie Smarr the right to be released from her GPS in her criminal case.

Smarr was represented by Mr. Bischoff.


Later in the day Magistrate Skinner reported to Karen Elkin, Circuit Clerk that none of the 3 magistrate trials scheduled this week would need a jury.

Thereafter Ms. Elkin put a tape on for the jury recording system directing all petit/magistrate jurors to call back in September regarding future Circuit Court trials and released all of them from calling and/or serving this week.

Lewis County Grand Jury Indictments - July 2015

The Gilmer Free Press

The Lewis County grand jury handed up the list of indictments for the July 2015 term:


•  Dimitri Larsen, 46, of Weston, who was indicted on 72 counts of sexual abuse - 36 counts of sexual abuse in the first degree and 36 counts of sexual abuse by a parent. The incidents allegedly occurred from 1997 to 1999.


•  Eric Haines was indicted on one charge of animal cruelty. Haines is accused of shooting his own dog in the head.


•  Peggy Nicholson, 53, was indicted for malicious wounding and assault. Nicholson forced a man to have sex with her in October 2014. Nicholson assaulted the man with a three-pound weight and threatened him with a knife.


•  Luke Allen Wilson, 37, of Walkersville, was indicted for insurance fraud, third degree arson and destruction of property after he allegedly tried to set his car on fire after a vehicle accident.


•  William Lee Baker, Jr., 37, of Fairmont, was indicted for burglary and conspiracy.


•  Justin K. Bleigh, 30, of Weston, was indicted for delivery of a controlled substance and conspiracy to deliver a controlled substance.


•  Paul Aaron Bolton, 36, of Buckhannon, was indicted for delivery of a controlled substance.


•  Billie Renea Burnside, 20, of Salem, was indicted for burglary and conspiracy.


•  Amber Marie Butcher, 25, of Weston, was indicted for two counts of delivery of a controlled substance, one count of third-offense of driving on a suspended license, one count of possession of a controlled substance and one count of battery.


•  Daniel Lee Canter, 30, of Buckhannon, was indicted for two counts of driving while on a suspended license revoked for DUI, possession of a controlled substance, possession of a firearm, and possession with intent to deliver.


•  Christopher C. Cox, 29, of Wallace, was indicted for grand larceny and conspiracy.


•  Vernon Eugene Groves, 34, of Ireland, was indicted for delivery of a controlled substance and conspiracy.


•  Brandi Nicole Leggett, of Ireland, was indicted for delivery of a controlled substance and conspiracy.


•  Fred Allen Gum, 62, was indicted for driving under the influence, fleeing while driving under the influence, obstructing, battery, operation of a vehicle without a certificate and improper use of registration.


•  Daisy Mae Hall, 34, of Weston, was indicted for delivery of a controlled substance and conspiracy.


•  David Joseph Hall, of Weston, was indicted for delivery of a controlled substance and possession with intent to deliver.


•  Cody Wade Hefner, 23, of Jane Lew, was indicted for two counts of delivery of a controlled substance and conspiracy to deliver.


•  Samantha Renee Henline, 20, of Weston, was indicted for delivery of a controlled substance and conspiracy.


•  Whitney Tess Higgbotham, 29, of Buckhannon was indicted for delivery of a controlled substance and conspiracy.


•  Russell Scott John, 31, of Weston, was indicted for fleeing, property damage and second-offense driving while on a revoked license for DUI.


•  Michael Joshua Ketterman, of Flemington, was indicted for two counts of false pretense.


•  William Thomas Knight II, 36, of Weston, was indicted for two counts of sex registry violations, his second offense.


•  Robin Dawn Lamb, 59, of Weston, was indicted for 42 counts of fraudulent activity.


•  Jason Elsworth Lane, 38, of Crawford, was indicted for 24 counts of fraudulent activity.


•  Justin Lee Marks, 29, of Weston, was indicted for delivery of a controlled substance, conspiracy to deliver and possession with intent to deliver a controlled substance.


•  Shawn Franklin Mayo, 30, of Weston, was indicted for two counts of delivery of a controlled substance and conspiracy.


•  Frederick Michael Miracle, 25, of Greenwood, was indicted for grand larceny and conspiracy.


•  Justin Thomas Moots, 34, of Buckhannon, was indicted for delivery of a controlled substance and conspiracy.


•  Harold James Murphy, 63, was indicted for delivery of a controlled substance and conspiracy.


•  Theodore Leroy O’Connell III, 27, of Clarksburg, was indicted for two counts of delivery of a controlled substance.


•  Christopher A. Reed was indicted on two counts of failure to pay child support.


•  Joseph Michael Anguilli, of Clarksburg, was indicted for felony shoplifting.


•  John Wayne Reed Jr., 28, of Buckhannon was indicted for three counts of soliciting a minor online.


•  Jamie Diane Riffle, 38, of Volga was indicted for embezzlement.


•  Tammy E. Rohrbough, was indicted for 39 counts of forgery.


•  Ronda Dale Romel, 36, of Weston, was indicted for two counts of delivery of a controlled substance, conspiracy and petit larceny.


•  Ida Jessica Rose, 37, of Weston, delivery of a controlled substance, possession, battery and obstruction.


•  Jennifer Renea Rose, of Clarksburg, was indicted for the delivery of a controlled substance.


•  Reymundo Santos, 43, of Munfordville, Ky., was indicted for third-offense DUI.


•  Gary Allen Sprouse, 26, Weston, was indicted for driving while on a revoked license for DUI and destruction of property.


•  Jason Adam Starcher, of Walkersville, was indicted for four counts of delivery of a controlled substance and one count of conspiracy to deliver.


•  Ruth Ann Stewart, 44, of Weston, was indicted for possession with intent to deliver.


•  Kirtiss Stanley Swearingen, of Gassaway, was indicted for three counts of soliciting a minor online.


•  Brett Adam Swecker, 34, of Beverly, was indicted for two counts of delivery.


•  Skyler James Taylor, of Weston, was indicted for one count of intent to deliver and two counts of delivery of a controlled substance.


•  Catherine Marie Thoms, 50, of Weston, was indicted for one count of delivery, two counts of possession of a controlled substance and one count of possession with intent to deliver.


•  Nancy Lynn Webb, 26, of Jane Lew, was indicted for two counts of delivery of a controlled substance and conspiracy.


•  Rebecca Ann Westfall, 29, of Buckhannon, was indicted for eight counts of fraudulent activity.


•  Chance Doug Wickline, 19, of Weston, was indicted for three counts of delivery of a controlled substance and conspiracy.


•  Jamie Lee Wright, 21, or Weston, was indicted for two counts of delivery of a controlled substance within 1,000 feet of a school.

Gilmer County Circuit Court Report

The Gilmer Free Press

On Thursday, July 09, 2015 Judge Alsop had docket call in the case of


•  State of West Virginia vs. Dwight Bullough

Discussion regarding a pre-trial diversion was heard and the matter is set for Tuesday, July 14, 2015 at 9:00 AM.

Bullough is represented by Daniel Grindo of Gassaway.


•  Three inmates from Mount Olive appeared by video for their hearings.

The case of Charles Emerson has been set for an evidentiary hearing on Monday, August 10, 2015 at 1:00 PM.

He is represented by Bryan Hinkle of Buckhannon.


•  The case of Rosendo Contreras will also have an evidentiary hearing on Friday, September 25, 2015 at 9:00 AM.

He is represented by Kevin Hughart of Sissonville.


•  The case of Kenneth McCord will have an evidentiary hearing on Thursday, September 03, 2015 at 1:00 PM.

He is represented by Bernard Mauser of Sutton.


•  Karen Burns has been paroled and will not need further hearing in her case.


Mary Starcher appeared by video from Lakin Correctional Center and her attorney did not appear, but copies of her police report will be mailed to her by the Circuit Clerk and if further information is needed Mr. Bischoff will request it.


•  One juvenile was heard and reset for Tuesday, October 13, 2015 at 9:00 AM.


•  A bench trial was held in the magistrate appeal case involving William Shock of Shock’s Well Service vs. Deloris Florence

The Judge took the matter under advisement and will render a written opinion in the future.


•  The criminal docket was called and capias’ were continued in 22 criminal matters.


•  State of West Virginia vs. Christina Marks

She had her home confinement and probation revoked and she was sentenced to 60 days in Central Regional Jail with credit for time served.

Then she was readmitted to 1 year home confinement and 5 years probation.

She was represented by Bryan Hinkle of Buckhannon.




On Friday, July 10, 2015 Chief Judge Richard A. Facemire heard 3 juvenile matters in Gilmer County.




Judge Jack Alsop held arraignment and heard criminal matters in Gilmer County on Tuesday, July 14, 2015.


State of West Virginia vs. Dwight Bullough

He accepted a 2 year pre trial diversion and will be under the terms and conditions of probation.

He was represented by Daniel Grindo of Gassaway.


Arraignments were held in the following cases:


1) State of West Virginia vs. Damon Rice

He was arraigned and filled out a financial affidavit for court appointed attorney.

Clinton Bischoff of Summersville was appointed to represent him.

He was allowed to post a $10,000.00 personal recognizance bond that is good until 4 PM July 15, 2015 and then he must post a $10,000.00 bond good and sufficient surety to be approved by the Circuit Clerk.

His arraignment was continued until 9:00 AM on Wednesday, July 22, 2015.


2) State of West Virginia vs. Teresa Riggs

She was arraigned and was appointed Timothy Gentliozzi of Clarksburg to represent her.

She also had the same bond requirements and her arraignment will also be 9:00 AM Wednesday, July 22, 2015.


3) State of West Virginia vs. Barbara Hess

She was arraigned and Kevin Hughart of Sissonville was appointed to represent her.

Her bond conditions were the same until she flunked her urine screen and was sent to Central Regional Jail until her arraignment on Wednesday, July 22, 2015 at 9:00 AM.


4) State of West Virginia vs. David Finley

He was arraigned and Brian Bailey of Horner was appointed to represent him.

After flunking his drug screen he was sent to Central Regional Jail pending further arraignment on Wednesday, July 22, 2015 at 9:00 AM.

His bond was set for $10,000.00 pr until 07.15.15 at 4:00 PM.


5) State of West Virginia vs. Joshua Wells Clark

He was arraigned and after completing an affidavit for court appointed attorney he was appointed David Karickhoff of Sutton to represent him.

He posted a $10,000.00 pr bond and had until 4:00 PM Wednesday to post $10,000.00 bond with good and sufficient surety.

His arraignment was also continued to 9:00 AM Wednesday, July 22, 2015.


6) State of West Virginia vs. Shannon George

She also completed a financial affidavit and was appointed Clinton Bischoff to represent her at the continuation of her arraignment on Wednesday, July 22, 2015 at 9:00 AM.

Her bond arrangement were the same as all the previous indictees.


7) State of West Virginia vs. Robert Lee George Jr.

He was also before the Court for arraignment with like results.

Brian Bailey of Buckhannon was appointed to represent him at further arraignment on Wednesday, July 22, 2015 at 9:00 AM and he flunked his urine screen and was sent to Central Regional Jail.


8) State of West Virginia vs. Laura Cottrill

She was arraigned and entered not guilty pleas to all counts of her indictment.

Timothy Gentliozzi also represents her and bond was reduced to $25,000.00.

Her pretrial is 9:00 AM on Friday, September 18, 2015 with trial set for Tuesday, September 29, 2015 at 9:00 AM.


9) State of West Virginia vs. Gary Paul Ferrell

He entered not guilty pleas and is represented by Clinton Bischoff.

His pretrial is 9:30 AM Friday, September 18, 2015 with him being the second trial set for Tuesday, September 29, 2015.


10) State of West Virginia vs. Max Beaubrun Jr.

Had his arraignment reset for Monday, August 10, 2015 at 9:40 AM due to the illness of his attorney, Teresa Monk.


11) State of West Virginia vs. Brittney Nichole Nickeson

She entered not guilty pleas and was represented by Clinton Bischoff.

She is set for third trial Tuesday, September 29, 2015 with pretrial at 10:00 AM on Friday, September 18, 2015.


12) State of West Virginia vs. Ronald Michael Gilmore

A new attorney appointed due to him being incarcerated.

Christopher Moffatt of Charleston was appointed to represent him and he will have further arraignment Wednesday, July 22, 2015 at 9:00 AM.


13)State of West Virginia vs. Jeremy Askew

He entered not guilty pleas represented by Bryan Hinkle of Buckhannon.

His pretrial is 10:30AM Friday,  September 18, 2015 with his trial set as the 4th trial on Tuesday, September 29, 2015.


14) State of West Virginia vs. Gary Ackley

He entered not guilty pleas to the 11 counts in his indictment.

His trial is Thursday, October 01, 2015 at 9:00 AM.

And his pretrial is Friday, September 18, 2015 at 11:00 AM.

He is represented by Kevin Hughart.

Gilmer County Circuit Court Report

The Gilmer Free Press

On Tuesday, July 07, 2015 the July term of Court opened with Judge Jack Alsop indoctrinating the grand jury and they returned 15 indictments as follows:


1) State of West Virginia vs. Damon W. Rice of 211 Bailey Street, Glenville, WV

He was indicted for 1 count of delivery of a controlled substance.


2) State of West Virginia vs. Teresa Ann Riggs of 3350 Lower Cedar Creek Road, Glenville, WV

She was indicted for 3 count of delivery of a controlled substance.


3) State of West Virginia vs. Barbara Michelle Hess of 511 Mineral Road, Glenville, WV

She was indicted for 3 counts of delivery of a controlled substance.


4) State of West Virginia vs. David Asa Finley of 793 Messenger Road, Glenville, WV

He was indicted for 1 count of possession of a controlled substance with intent to manufacture or deliver a Schedule I controlled substance.


5) State of West Virginia vs. Joshua Wells Clark of 144 Watercrest Drive, Glenville, WV

He was indicted for possession of a controlled substance with intent to manufacture or deliver a Schedule I controlled substance.


6) State of West Virginia vs. Shannon Lynn George of 13 South Lewis Street, Room 217, Glenville, WV

He was indicted for 1 count of possession of a controlled substance with intent to manufacture or deliver a Schedule I controlled substance, 1 count of conspiracy and 3 counts of possession of a controlled substance.


7) State of West Virginia vs. Robert Lee George Jr. of 13 South Lewis Street, Room 217, Glenville, WV

He was indicted for possession of a controlled substance with intent to manufacture or deliver a Schedule I controlled substance and 1 count of conspiracy.

The above 7 people do not have attorneys nor are under bond but should appear for arraignment at 9:00 AM on Tuesday, July 14, 2015 in Circuit Court.

8) State of West Virginia vs. Thomas Junior Shaw of 3850 Airport Road, Sutton, WV

He was indicted for 1 count of operating or attempting to operate a clandestine drug laboratory and 1 count of conspiracy.

He is represented by Kevin Hughart of Sissonville and his bond is set at $100,000.00.


9) State of West Virginia vs. Laura Ann Cottrill of Gilbert, WV

She was indicted for 1 count of operating or attempting to operate a clandestine drug laboratory, 1 count of conspiracy, 1 count of petit larceny and 1 count of trespass in structure.

She is represented by Timothy Gentilozzi of Clarksburg and her bond is set at $50,000.00.


10) State of West Virginia vs. Gary Paul Ferrell of 3989 Trace Fork Road, Tanner, WV

He was indicted for 1 count of failure to register upon release from incarceration and 1 count of failure to provide sex offender registration change of information.

He is represented by Clinton Bischoff of Summersville.


11) State of West Virginia vs. Max Guy Beaubrun Jr. of 601C Mineral Road, Glenville, WV

He was indicted for delivery of a controlled substance.

He is represented by Teresa Monk of Walton.


12) State of West Virginia vs. Brittney Nichole Nickeson of 18 East Main Street, Apt. F, Glenville, WV

She was indicted for 1 count of unlawful assault, 1 count of unlawful restraint, 2 counts of conspiracy and 1 count of assault.

She is represented by Clinton Bischoff and her bond is $30,000.00.


13) State of West Virginia vs. Ronald Michael Gilmore of HC 58 Box 102 Mill Creek, WV

He was indicted for Driving while license revoked for DUI third or subsequent offense.

He is also represented by Teresa Monk and his bond is $15,000.00.


14) State of West Virginia vs. Jeremy Bruce Askew of 2922 Pearl Street, Anderson, Indiana

He was indicted for 1 count of operating or attempting to operate a clandestine drug lab, 1 count of conspiracy, 1 count of petit larceny and 1 count of trespass in structure.

He is represented by Bryan Hinkle of Buckhannon.


15) State of West Virginia vs. Gary Lee Ackley of 104 Johnson Street, Grantsville, WV

He was indicted for 11 counts, namely:

a) driving under the influence of alcohol–3rd offense

b) Fleeing with reckless disregard

c) Fleeing while driving under the influence

d) Driving while license revoked for DUI

e) hunting while under the influence of alcohol

f) loaded firearm in/on a vehicle

g) shooting across or in public road

h) hunting or pursuing wildlife on Sunday

i) Hunting during closed season

j) hunting deer with improper caliber ammunition

He is also represented by Kevin Hughart and bond was set.


Nine civil matters were also heard as follows:


1) Nobody appeared in the case of Credit Acceptance Corp vs. Roy D. Wiant Jr.

And there was no service in the matter.


2) In the case of Debra Swick vs. JW Ebert Corp and McDonald’s

A pretrial will be held Friday, January 22, 2016 at 1:00 PM and trial is set for Tuesday, February 09, 2015 at 9:00 AM.


3) In the matter involving Michael J. Wheeler vs. William F. Foster

A pretrial hearing was set for Friday, January 22, 2016 at 1:30 PM with trial being on Tuesday, February 23, 2016 at 9:00 AM.


4) GMH Gas Co. Inc. Et al vs. William Cottrill et al

Had a lengthy hearing with several participants on conference call.

A further hearing will be held in the matter on Friday, October 23, 2015 at 9:00 AM.


5) Stonewall Jackson Memorial Hospital vs. Elizabeth Mongold

Judge Alsop entered a default judgment order in the matter.


6) Travis Wells et al vs. State Farm Mutual Auto Insurance Co.

Was rest for arguments on Monday, September 14, 2015 at 10:00 AM.


7) Van Ramsey II vs. Van Ramsey Sr.

Case is set for pretrial on Friday, March 04, 2016 at 2:30 PM and trial is set for Thursday, March 24, 2016 at 9:00 AM.


8) Stonewall Jackson Memorial Hospital vs. Roger Dale Fisher

Has no service in the case yet.


9) Stonewall Jackson Memorial Hospital vs. Rosa Lee Lee

Will have default judgment entered in the case after she admitted she owed the debt.




On Wednesday, July 08, 2015 Judge Alsop heard 3 juvenile matters.

He will return for hearings through 2:00 PM on Thursday.




On Friday, July 10, 2015 Chief Judge Richard A. Facemire will preside over cases.




Judge Alsop will return to Glenville on Monday, July 13, 2015 for his regular motion day.




Tuesday, July 14, 2015 will be arraignment day.

Wednesday, July 15, 2015 petit/magistrate jurors will report for indoctrination.

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