Sixteen cases filled the criminal docket as many appeared for the January Term’s Docket Day in Wetzel County Circuit Court on Tuesday as Judge Mark A. Karl presided over the hearings.
Among many return dates set on Tuesday, Judge Karl scheduled two voluntariness hearings for February. Newman B. Hoover II, 43, formerly of Route 1, Box 105, New Martinsville, and presently of 140 Cecil Meneffe Drive, Moorefield, W.Va., was remanded to the Northern Regional Jail following his appearance wherein a voluntariness hearing was set for Feb. 10 at 1:30 p.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.
John Cody Postlethwait, 19, of 715 5th Street, New Martinsville, will also return Feb. 10 at 1:30 p.m. for a voluntariness hearing. His bond continues.
On Oct. 27 Postlethwait entered a plea of innocence to his three-count indictment charging him with offenses of a sexual nature wherein on or about Aug. 4, 2009, in Wetzel County he allegedly committed the felony offense sexual assault in the second degree (counts one and two) and sexual abuse in the first degree (count three).
Passing the matter for the time being, Judge Karl stated he would rule on the case of Rodney Lee Nolan, 24, of HC 62, Box 50A, Burton, on Jan. 26 at 1:30 p.m. Nolan, indicted on three counts of burglary, remains on bond until his next appearance next Wednesday.
The three counts of burglary against Nolan are alleged to have occurred between Oct. 1 and Nov. 1, 2008. Count one charges Nolan with breaking and entering the residence of Clint. W. Jones, located on County Route 66, commonly known as Harker Run Road, in Wetzel County. Count two charges him with breaking and entering the residence of William Lane and Sandra Lane, located on Long Drain/Earnshaw Road. Count three charges Nolan with breaking and entering the residence of Millar P. Cayavec, located on Higginbotham Run Road in Wetzel County.
A plea agreement has been reached for Andrew Laugh, 20, of 134 Wetzel Street, Paden City, who will return Jan. 26 at 1:30 p.m. His bond continues.
On Oct. 4 Laugh pleaded innocent to his one-count charge of the felony offense of manufacturing a controlled substance (marijuana) said to have occurred June 22 in Wetzel County. Allegedly, Laugh manufactured, by cultivation, marijuana, a Schedule I controlled substance.
Relatedly, a plea agreement may be reached soon in the case of Eric John Spears, 26, of HC 62, Box PP, Pine Grove. Attorney Roger Weese requested a pre-sentence investigation be implemented to help expedite matters, which Judge Karl granted. Spears’ bond continues until his next hearing set for Feb. 10 at 1:30 p.m.
On Oct. 4 Spears entered innocent pleas for all six of his sexual assault charges for his offenses said to have occurred during the summer of 2009 in Wetzel County.
Counts one and three charge Spears with the felony offense of sexual assault in the second degree. Count one alleges he engaged in sexual intrusion with a female. Count three alleges he engaged in sexual intercourse with the same minor, without her consent. Count five of the indictment charges Spears with the felony offense of sexual assault in the first degree in that he allegedly engaged in sexual contact with the same girl.
Counts two, four, and six charge Spears with the felony offense of sexual abuse by a custodian in that he allegedly engaged in sexual intrusion and sexual contact with the same female child under his care, custody, or control.
Meanwhile, Attorney H. John Rogers requested an evidentiary hearing be set for his defendant, Daniel L. Postlethwait, 25, of 28 Rose Street, Lot 42 South, New Martinsville. Such a hearing was set for Feb. 10 at 1:30 p.m. His bond continues.
On Oct. 18 Daniel Postlethwait entered a plea of innocence to his one-count indictment for his offense said to have occurred during the month of March in Wetzel County wherein he allegedly committed the felony offense of display of obscene matter to a minor in that he displayed such matter to a minor.
In other matters, Warren Todd Wade, 46, of HC 68, Box 21, Wileyville, returned to Wetzel County Circuit Court for Docket Day alongside Attorney Jeremiah Gardner. It was stated Wade recently filed a Writ of Prohibition regarding Judge Karl’s ruling to keep Gardner appointed to Wade’s case. However the status of that motion at that time was unknown, and as such Judge Karl set the matter to return Feb. 10 at 1:30 p.m. Wade was remanded to the Northern Regional Jail.
On Oct. 4 Wade entered innocent pleas to a total of 11 indictments this term. Wade received a three-count indictment for his offenses, said to have occurred on or about Sept. 11. Counts one and two of this indictment charge Wade with the felony offense of wanton endangerment involving a firearm in that he allegedly pointed a firearm at Cpl Roger G. Spragg II and Deputy R. L. Scott Jr. in Wetzel County. Count three charges Wade with the misdemeanor offense of possession of a firearm by a convicted felon in that he did possess a firearm and had been convicted of one count of grand larceny during the month of September 2007 in Wetzel County.
In his second indictment, Wade is charged with one count each of the felony offense of sexual assault in the first degree and sexual abuse by a custodian wherein between Jan. 1 and Feb. 28 Wade, being 14 years old or more, allegedly engaged in sexual intercourse with a female child, who was younger than 12 years old and was not married to Wade. Count two of the indictment alleges that between the same span of time Wade engaged in sexual intercourse with a female child under his care, custody, or control.
Wade’s third indictment charges him with one count each of the felony offense of fleeing from an officer while driving under the influence and driving under the influence of alcohol wherein on or about June 7 Wade, being under the influence of alcohol, fled in an all terrain vehicle on state Route 7 in Wetzel County from Deputy R. L. Scott Jr. after Deputy Scott had activated his blue lights in an attempt to stop the vehicle. Count two of this indictment alleges that on or about the same date Wade drove an all terrain vehicle while under the influence of alcohol.
In his fourth indictment Wade is charged with one count each of the felony offense of entry of a building other than a dwelling and grand larceny wherein between Sept. 7 and Sept. 8 Wade allegedly entered Gary Cecil Motors in New Martinsville. Count two of the indictment alleges that during that time Wade stole a Ford F-150 pick-up truck having a value of more than $1,000 belonging to Gary Cecil Motors.
Wade is also charged with one count of the felony offense of sexual abuse in the first degree wherein on or about Feb. 7 he allegedly engaged in sexual contact with a named male.
Lastly, Wade is charged with one count of the felony offense of receiving stolen goods wherein between April 28 and June 7 Wade allegedly received a stolen 2006 Kawasaki Model 750 all terrain vehicle in Wetzel County which he knew or had reason to believe had been stolen.
James Matthew Doty, 25, no address given, will return Feb. 10 at 1:30 p.m. to further address his alleged offenses. Attorney Weese, recently appointed to Doty’s case, requested 30 days to review matters and was so granted additional time. Doty was remanded to the Northern Regional Jail until his next appearance to continue matters in his present case, be arraigned for his unsealed two-count charge of delivery of a controlled narcotic substance, and address his most recent Magistrate charge of the felony offense of armed robbery.
On May 26 Doty entered a plea of innocence to his two-count indictment for his charges said to have occurred between April 11 and 12, wherein Doty allegedly committed the felony offense of forgery (count one) by forging the signature of Dona Neely to check number 333 issued by the said Doty on the Peoples Bank National Association account of Northern Mountain State Metals, Inc., and made payable to “Cash” in the amount of $300, which was cashed at Peoples Bank in New Martinsville. Count two charges Doty with the felony offense of uttering by attempting to employ as true the said check when Doty knew the said check was forged.
Additionally, Doty received an unsealed indictment charging him with two counts of delivery of a controlled narcotic substance (oxycodone) said to have occurred on or about Dec. 20 and 21, 2009, in Wetzel County.
Doty’s most recent charge is the felony offense of armed robbery wherein on Nov. 21 around 4 a.m. Doty allegedly robbed the Budget Inn of America in Wetzel County at gunpoint, then fled the scene along with two accomplices. The clerk was uninjured and the three individuals got away with less than $200. Doty was later found at a local residence and taken into custody without incident by officers of the New Martinsville and Paden City Police Departments.
Howard Ray Starkey, 22, of 1026 Third Street, New Martinsville, was present for a brief hearing on Docket Day wherein a return date was set for Feb. 10 at 1:30 p.m. His bond continues.
Starkey received a four-count indictment for his offenses said to have occurred between Feb. 15 and March 24 in Wetzel County.
Counts one and three charge Starkey with the felony offense of burglary in that he allegedly entered the residence of Robert and Ruth Starkey located at HC 62, Box 40, Pine Grove, with the intent to commit a crime in two occurrences.
Counts two and four charge Starkey with the felony offense of grand larceny wherein he allegedly stole firearms having a cumulative value of more than $1,000 belonging to Robert Michael King at two separate occasions.
Michelle Lasure, 27, of HC 60, Box 82, Pine Grove, was not present Tuesday for her hearing on a petition to revoke probation. However Attorney Gardner approached the bench wherein Judge Karl ruled Lasure’s matter be passed until Jan. 26 at 1:30 p.m.
On March 4 Lasure pleaded guilty to one-count forgery and one-count uttering (counts one and two of her 12-count indictment). The remaining counts, five each of forgery and uttering, were dismissed per her plea agreement. Judge David W. Hummel Jr. sentenced her to one to 10 years in the West Virginia State Penitentiary for Women for each charge, to be served concurrently. Judge Hummel suspended incarceration and ordered Lasure to two years supervised probation.
Lasure allegedly, between Feb. 20 and 28, 2009, forged the signature of another person, Garnett Harrison, on the WesBanco account of Garnett A. Harrison and Sherlyn D. Moore, and made payable in the amount of $50 four separate times, $75 once, and $30 once. She also allegedly committed uttering when she employing the WesBanco checks to be signed as true. All of these checks were made payable and cashed at Simon’s Market in Pine Grove.