Gilmer Free Press
Gilmer County Circuit Court Report – 05.14.12
Monday, May 14, 2012 motion day for Chief Judge Jack Alsop was completed by Noon.
Four fugitives from justice waived extradition back to their respective states:
• Authorities in Virginia must pick up Charles Nowlin Jr. and Phillip Harvey by 4:00 PM on Wednesday, May 23, 2012 or Central Regional Jail will release each of them.
• Authorities in Indiana must pick up Eudell Dickerson Jr. by 4:00 PM on Wednesday, May 23, 2012 or Central Regional Jail will release him.
• Authorities in Pennsylvania must pick up James Hogan by 4:00 PM on Wednesday, May 23, 2012 or Central Regional Jail will release him.
All 4 were represented by David Karickhoff of Sutton.
• Judge Alsop performed a wedding between Brandi Burkhamer and Jason Smith.
• State of West Virginia vs. Jerry Blackwell
He was sentenced to 5-years’ probation and must perform 80 hours of community service per year of probation.
He also must pay court costs and court appointed attorney fees.
He was represented by David Karickhoff.
• State of West Virginia vs. Karen Burns
She was sentenced to not less than 1 nor more than 5 years for child neglect creating risk of injury and not less than 1 nor more than 15 years in the penitentiary for possession with intent to deliver crack cocaine.
She will be given credit for time served and the sentences will run consecutively.
She was represented by Kevin Duffy of Clay, WV.
• State of West Virginia vs. Bonnie Riddle
She was before the Court asking to be released from home confinement and to be placed on probation.
Judge Alsop placed her on 18 months Court ordered parole and directed that she pay court costs and court appointed attorney fees.
She was represented by Keisha May of Charleston.
• Citibank, NA vs. Robert Spencer
He was before the Court for status hearing.
A pre-trial was scheduled for Monday, November 26, 2012 at 1:00 PM with bench trial set for Tuesday, December 04, 2012 at 9:00 AM.
Plaintiff’s attorney is Andrew Frye III and defendant is represented by Daniel Grindo of Gassaway.
• State of West Virginia vs. Jordan Sheldon
He did not appear for his expungement hearing and Judge Alsop dismissed the case without prejudice.
Nicholas James also failed to appear as his attorney.
• State of West Virginia vs. Matthew Capelety
He was before the Court for sentencing represented by Christopher Moffatt of Charleston.
He asked for probation or home confinement, both of which were denied.
He was sentenced to 1-5 in the penitentiary to run consecutive to his Lewis County sentence which he is currently serving.
Two name changes were before the Court:
Judge Alsop granted the name change of Britney Butler to Nickeson and took the other name change under advisement.
• Civil Case: Michael & Rachel Langford vs. Patrick Bush, et al
The case was before the Court to hear several motions and Judge Alsop stayed further action in this case until the West Virginia Supreme Court rules on the Mason County certified question submitted to them involving State Farm.
Within 30 days of the ruling by the Supreme Court the plaintiffs’ attorney (Brent Kesner) must set this matter for status hearing.
State Farm (also a party defendant in this case) was represented by R. Carder Elkins.
• One juvenile case was heard and reset for Monday, July 09, 2012 at 9:45 AM.
• Another one was set for pretrial on Monday, August 13, 2012 at 9:15 AM with jury trial to follow on Thursday, August 16, 2012 at 9:00 AM.
• A final civil case was not heard because an agreed order had been entered relieving F. John Oshoway from representing a party.
The remainder of the week Judge Alsop will be attending a judicial conference at Pipestem and will be unavailable for hearings.