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Karl Sentences Two To Time In Prison

January 12, 2011
As this term of court comes to a close, Judge Mark A. Karl sentenced two defendants in Wetzel County Circuit Court on Jan. 6. Another defendant’s case will continue into the next term of court scheduled for Jan. 18.

Melissa A. Lallathin Wells, 48, of P. O. Box 53, Proctor, will serve her original sentence of one to 10 years in the West Virginia Penitentiary for Women following her admittance to violating terms of her probation. She will also receive credit for time served. Following her hearing she was remanded to the Northern Regional Jail to await transfer to the Division of Corrections.

In court Thursday Wells admitted to committing criminal acts and using drugs or alcohol while on probation. Wells’ offenses while on probation were detailed in court wherein in March Wells entered a guilty plea in Tyler County and served 60 days on home confinement for a traffic violation, and in August Wells committed the offenses of shoplifting and failed drug screenings which confirmed her use of cocaine, opiates, and oxycodone, among other substances. Lastly, Wells admitted to being in a bar in November. Regarding this offense it was noted she was arrested for battery from an altercation in the bar, however per her plea agreement that charge is dropped.

On Dec. 12, 2008, Wells was placed on two years probation after pleading guilty to uttering, count five of a six-count indictment returned by Wetzel County Grand Jurors Sept. 9. Madden issued the probation after he suspended the sentence of one to five years in the West Virginia State Penitentiary for Women.

The charges stemmed from the alleged forgery and cashing of two checks on or about Feb. 25 and 26 in the amounts of $200 and $267 made out to Sally Ellington from the account of Jean D. Dailey. The other five counts, two of misappropriation of funds of an elder person; two of forgery; and one of uttering; were dismissed.

Jason S. Noland, 24, of 819 Fifth Street, Apt. 1, New Martinsville, pleaded guilty in Wetzel County Circuit Court on Thursday to his one-count charge of felony possession of a controlled substance (marijuana) with intent to deliver. Noland was sentenced to one to five years in the West Virginia State Penitentiary for Men with credit for 14 days served. As permitted, Noland self-reported to the Northern Regional Jail the following day at noon to await incarceration.

Pursuant to the plea agreement Judge Karl further stated Noland would be eligible to file for a Rule 35 sentence modification motion under the conditions that he successfully serves at least six months of his sentence and files the motion in a timely manner.

Noland was also ordered to pay all court costs and forfeit the property and money in the amount of $2,014 cash seized by the New Martinsville Police Department at the time of Noland’s arrest. When asked what made Noland guilty of the offense he responded, “I bought some bud and I sold it.”

The felony offense was said to have occurred on or about June 29 wherein Noland allegedly possessed marijuana, a Schedule I controlled substance, in Wetzel County with the intent to deliver the same said marijuana.

Lastly, Newman B. Hoover II, 43, formerly of Route 1, Box 105, New Martinsville, and presently of 140 Cecil Meneffe Drive, Moorefield, W.Va., was present for his hearing alongside Attorney Jeremiah Gardner. Gardner requested more time in the matter, explaining his defendant and the state are at a standstill, as the state continues to refuse their counteroffers. Judge Karl ruled the matter to continue to the next term of court and stated if there was no resolution at the next hearing, then a trial date would be set. Hoover was remanded to the Northern Regional Jail until his next appearance, Jan. 18 at 10 a.m.

On Nov. 9 Hoover stood silent as the court entered innocent pleas for his six-count indictment for his offenses said to have occurred between Sept. 1 and Dec. 1, 2009, and between April 12, 2008, and April 11, 2009, in Wetzel County.

Count one indicts Hoover with the felony offense of sexual assault in the third degree in that he, being 16 years old or more, allegedly had sexual contact with a female child who was not married to Hoover. Count two charges Hoover with the felony offense of sexual abuse by a custodian in that between Sept. 1 and Dec. 1, 2009, he allegedly engaged in sexual intercourse with a female child under his care, custody, or control. In the same span of time listed in counts one and two, count three alleges that Hoover committed the felony offense of incest in that he did engage in sexual intercourse with a relative.

Said to have occurred between April 12, 2008, and April 11, 2009, counts four, five, and six of his indictment charge Hoover with sexual assault in the third degree, sexual abuse by a custodian, and incest for the same occurrences outlined in counts one through three.

Article Photos

Melissa A. Lallathin Wells



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