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New Indictees Make First Court Appearances

February 8, 2012
BY MIRANDA STOKES - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

The gallery was packed in Wetzel County Circuit Court on Tuesday as new indictees made their first appearance before Judge Mark A. Karl. Following these brief hearings wherein only a few were arraigned, the judge scheduled return dates throughout the month and also issued warrants for arrest for three individuals who failed to appear.

Roland Lee Day Jr., 60, of HC 61 Box 38A, Wileyville, appeared before Judge Karl alongside Attorney Kevin Neiswonger, who was appearing for Day's retained unnamed counsel who was unable to appear. The matter of arraignment was passed for the time being and Day is set to return to circuit court on Feb. 17 at 10 a.m. His bond continues.

Grand jurors handed down a 33-count indictment to Day for felony offenses of a sexual nature.

Counts one through three charge that between Jan. 1 and Jan. 30, 2006, Day allegedly committed the offense of sexual assault in the first degree, sexual abuse by a custodian, and incest, respectively.

The remaining charges are said to have occurred between Sept. 1, 2007, and Nov. 30, 2010. Counts four, six, eight, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, and 32 allege that Day committed the offense of sexual abuse in the first degree. Counts five, seven, nine, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, and 33 allege that Day committed the offense of sexual abuse by a custodian.

Mark Levi Blake, 31, of P.O. Box 274, Pine Grove, appeared alongside Attorney Jeremiah Gardner, who shared with the court that a motion to withdraw has been filed. Judge Karl granted the motion and Gardner stepped down from his post as Blake's counsel. Blake was remanded to the Northern Regional Jail and will return Feb. 22 at 10 a.m.

Blake received a three-count felony indictment. Count one was for sexual assault in the second degree for allegedly engaging in sexual intercourse with another person without the person's consent. Counts two and three for sexual abuse in the first degree for allegedly subjecting another person to sexual contact without their consent, resulting in forcible compulsion. All of the alleged events for the charges were to have occurred between Dec. 31, 2009, and May 30, 2011.

Alex Wayne Pyles, 23, of HC 60 Box 99, Valley Manor Apt. 14, Pine Grove, appeared for his arraignment alongside Attorney Keith Hart. Per the defense's request, the court entered a plea of innocence to each of Pyles' charges. A $5,000 personal recognizance bond was set and Pyles will return to circuit court Feb. 24 at 10 a.m.

Pyles is charged with two felony counts of sexual assault in the third degree. The charges allege that between Sept. 1, 2010, and Oct. 31, 2010, he did engage in sexual intercourse or sexual intrusion with another person who was less than 16 years old and who was at least four years younger than the defendant and not married to the defendant.

Steven L. Leek, 45, of RD 1, Box 205, New Martinsville, entered pleas of innocence to his three-count indictment for various offenses. Following his arraignment he was remanded to the NRJ. He will return to court Feb. 22 at 10 a.m.

Count one of his indictment charges Leek with felony failure to update sex offender registry information wherein between May 6 and Nov. 7 in Wetzel County, he, being required to register as a sex offender for life, failed to register or provide a change in information to the West Virginia State Police in Wetzel County by knowingly failing or refusing to report his move to a new address.

Count two charges him with felony failure to register as a sex offender wherein he, being required to register as a sex offender for life, failed to report in the month of his birth (September) to the West Virginia State Police detachment in Wetzel County.

Count three states Leek committed the misdemeanor offense of first offense carrying a concealed deadly weapon for carrying a switchblade knife concealed in his pocket on or about Nov. 7 in Wetzel County.

Thomas Edward Welch, 48, of RR 124, Proctor, appeared without counsel for his arraignment wherein the Public Defenders Corporation was appointed. Welch was remanded to the NRJ and will return to circuit court Feb. 22 at 10 a.m.

Welch was indicted for felony failure to register as a sex offender, to have occurred on or about Oct. 28, 2011.

Robbin Sue Norris, 36, of P. O. Box 144, Hundred, appeared for her arraignment in circuit court. However as she is facing an 18-count indictment, Attorney Gardner requested more time to review the charges. Norris' bond continues and she will return Feb. 22 at 10 a.m.

Norris received an 18-count felony indictment, all of the forgery and uttering offenses are to have occurred in 2011 on the account of Frances C. Finnin and Carolyn D. Crone-Aamot.

Eight counts each of forgery and uttering at B & C Deli for checks totalling $976 and one count each of forgery and uttering for a check in the amount of $76 at Koontz's Country Cupboard.Cheyenne Sellers, 21, of 136 Cox St., New Martinsville, was present without counsel to be arraigned on his five indictments which total 14 true bills. The judge ordered he file an eligibility affidavit for representation from the Public Defenders Corporation. Regarding bond, Wetzel County Prosecuting Attorney Timothy Haught said that given the number of felonies and the timing in which they were allegedly committed, the state recommended bond be set at $15,000 cash, surety, or professional bondsmen. The judge approved of such a bond and gave Sellers until Wednesday at 4 p.m. to post bond, or otherwise surrender himself to the Wetzel County Sheriff's Office to be remanded to the NRJ.

A two-count indictment charges him with felony entry of a dwelling and misdemeanor petit larceny. Both allege that between July 2010 and Aug. 22, 2010, he, during the daytime, entered without breaking a dwelling house of Mike Anderson in New Martinsville with the intent to commit a crime therein and take away goods or chattels valued at less than $1,000 belonging to Anderson.

Another two-count indictment charges him with felony entry of a dwelling and misdemeanor petit larceny. Both allege that on Oct. 3, 2009, he, during the daytime, entered without breaking a dwelling house of Harry Campbell in New Martinsville with the intent to commit a crime therein and take away a Smith & Wesson 357 caliber revolver valued at less than $1,000 belonging to Campbell.

A four-count felony indictment includes two counts each of forgery and uttering for allegedly forging and employing as true checks written in the amounts of $100 and $200 on the account of James D. Furbee II to Mayo's Exxon

A two-count felony indictment charges him with felony forgery and uttering, respectively, for allegedly forging and employing as true a check written in the amount of $60 on the account of Sgt. Harry E. Campbell, a retired New Martinsville Police Department officer, and Cynthia A. Starkey on Aug. 1, 2010, to Witschey's Market, Inc.

A four-count felony indictment includes two counts each of forgery and uttering for allegedly forging and employing as true check written in the amounts of $335 and $520 on the account of M & H Trucking to Witschey's Market, Inc.

Charles Michael Young, 50, and Mary Evelyn Young, 49, both of Route 1, Box 31A, New Martinsville, appeared alongside Attorney Neiswonger who made a special appearance on behalf of the couple, as he has not yet been formally retained to either or both individuals. Their arraignments were passed for the time being and both were approved for a $5,000 personal recognizance bond. They will return to circuit court Friday at 10 a.m.

Both are charged with financial exploitation of an elderly person and forgery for offenses against Burton Young between Oct. 1, 2010, and Dec. 31, 2010, in Wetzel County. Charles Michael Young holds a two-count indictment while Mary Evelyn Young holds a three-count indictment.

Counts one and two in their respective indictments allege they intentionally and feloniously misappropriated the assets of Burton Young, who is over the age of 65, by permitting the recording of a Quitclaim Deed, now of record in the Office of the Clerk of the County Commission of Wetzel County, in Deed Book 424, at page 103, transferring the real property of Burton Young to their names, without the knowledge or consent of Burton Young.

Count two charges them with feloniously forging the attestation of a notary public to the same Quitclaim Deed, knowing such attestation would be received as legal proof.

Additionally, Mary Evelyn Young's third count in her indictment states that on or about Dec. 13, 2010, in Wetzel County, she committed the offense of uttering wherein she feloniously employed as true the above named Quitclaim Deed, when she knew the attestation of the notary public thereon was forged.

Jay R. Work, 50, of 291 North Street, New Martinsville, appeared in court without counsel to learn of his one count charge. Stating he has the funds to hire an attorney, the matter was passed until Feb. 24 at 10 a.m. Bond was set at $5,000 personal recognizance.

Work is charged with welfare fraud for allegedly obtaining, by misrepresentation, welfare assistance in excess of $500 to which he was not entitled, by failing to report income received during his employment.

Larry Joe George, 29, of P.O. Box 67, Reader, and Tiffany Rose Morgan, 21, of HC 60, Box 70, Pine Grove, appeared before Judge Karl regarding their identical charges. George, who was present alongside Attorney Gardner, will return Feb. 24 at 10 a.m. to address matters. As Morgan was present without counsel, the judge ordered she file an eligibility affidavit for public representation and will return Feb. 24 at 10 a.m. Her bond was set at $5,000 personal recognizance.

The two were each handed a three-count indictment for burglary-related offenses said to have occurred on or about June 24 in Wetzel County against Ronnie Goodrich.

Count one charges the duo with daytime burglary for allegedly breaking into the dwelling house of Goodrich, located near Jacksonburg, with the intent to commit a crime therein.

Count two states they committed the offense of entry of a building other than a dwelling for entering a locked garage near Goodrich's dwelling.

Count three charges them with the misdemeanor offense of petit larceny for carrying away firearms having a cumulative value of less than $1,000 belonging to Goodrich.

Johnna Watson, 19, of P. O. Box 125, Littleton, appeared for her arraignment. However as more time was needed by her attorney to review the charges, Judge Karl set the matter for return on Feb. 24 at 10 a.m. Her bond continues.

Watson was given a three-count indictment felony nighttime burglary and two misdemeanor counts of battery. The offenses are alleged to have occurred on Jan. 27, 2011, at the residence of Mary Elizabeth Leon-Miller in Littleton. The battery charges allege that Watson made physical contact in an insulting or provoking nature with Leon-Miller and Michael R. Miller.

Ralph Duane Harter, 63, of Route 1, Box 166A, Middlebourne, appeared alongside retained counsel, Attorney Scott Brown. However, no action was taken and a return date was set for Feb. 22 at 10 a.m. Harter was remanded to the NRJ.

Harter was given a five-count indictment for offenses alleged to have happened at various times in November.

Between Nov. 1 and Nov. 27 Harter allegedly committed the offense of threat of terrorist act for threatening to commit a terrorist act, with the intent to commit the act by threatening to "take matter into his own hands" for what he believed to be the failure of the West Virginia State Police in New Martinsville, to investigate allegations of criminal activity on his real property.

Counts two through five are said to have occurred on or about Nov. 27 in Wetzel County. Count two charges him with retaliation against public employees by retaliating against public employees for the nonperformance of an official duty by discharging a firearm into the rear of the building housing the West Virginia State Police-Paden City Detachment offices located near New Martinsville.

Counts three and four state Harter performed wanton endangerment involving a firearm for performing an act with a firearm which created a substantial risk of death or serious bodily injury to another by discharging a firearm into the rear of the same said building, thereby creating a substantial risk of death or serious bodily harm to any persons inside the offices, anyone traveling on West Virginia Route 2, and anyone traveling on West Virginia Route 180.

Count five alleges he committed the offense of felony destruction of property for defacing the building housing the West Virginia State Police, Paden City Detachment offices, causing a loss in the value of the property in an amount exceeding $2,500 by discharging a firearm in the rear of the said building located in New Martinsville.

Jonathan Lee Johnson, 20, of 100 Bridge Street, Lot 14 South, New Martinsville, pleaded innocent to his one count of malicious assault charge during his arraignment on Tuesday. He was remanded to the NRJ and will return Feb. 22 at 10 a.m.

Johnson is charged with one count of malicious assault for allegedly causing bodily injury to a named victim with the intent to main, disfigure, disable, or kill by striking him with his hand and kicking him with his feet on or about Jan. 8 in Wetzel County.

Charles Robert Wells, 45, of 247 Lang Dr., New Martinsville, appeared with Attorney Neiswonger who was appearing for appointed counsel David White. As such, no action was taken and Wells is set to return Feb. 22 at 10 a.m. His bond continues.

Wells received a one-count felony indictment for third-offense domestic battery. He is alleged to have struck his girlfriend in the face with his hand and kicked her in the ribs with his foot on Oct. 24, 2011.

Jeffery Allen Dawson, 26, of Route 1, Box 16, Folsom, appeared alongside Attorney Neiswonger who stated more time was needed to review matters. A return date was set for Feb. 24 at 10 a.m. His bond continues, however Haught noted he anticipated filing a motion to revoke bond based on the fact that Dawson allegedly committed his second offense while out on bond. The judge will take up the matter at the next hearing.

Codefendant Benjamin Dale Francis, 32, of 1014 Third Street, New Martinsville, appeared alongside Attorney Gardner who similarly shared that more time was needed to review all of the defendant's charges. Francis was remanded to the NRJ and will return Feb. 22 at 10 a.m. Gardner noted he intends to file a motion to reduce his client's bond which is presently set at $50,000 cash only. That issue will also be addressed at the next hearing.

Dawson and Francis, along with codefendant Cynthia R. Smith, 23, of 618 North Fourth Avenue, Paden City, were each handed a six-count indictment charging them with the repeated offense of conspiracy said to have occurred on or about Dec. 9 in New Martinsville.

The trio is charged with feloniously conspiring amongst each other to deliver: Hydrocodone, a Schedule III controlled substance (count one); Marijuana, a Schedule II controlled substance (count two); Oxycodone, a Schedule II controlled substance (count three); Adderall, a Schedule II controlled substance (count four); Alprazolam, a Schedule II controlled substance (count five); and Suboxone, a Schedule II controlled substance (count six).

Additionally, Dawson is charged with the offense of second degree robbery for allegedly removing money forcefully from Ciara Beisel on or about Dec. 30 in New Martinsville.

Furthermore, Francis is charged with the offense of attempt to disarm a law enforcement officer for attempting to disarm Patrolman Don Larsen, acting in his official capacity as a Patrolman for the New Martinsville Police Department, by grabbing Patrolman Larsen's weapon and attempting to pull it from its holster on or about Dec. 9 in New Martinsville.

Zachary I. Farley, 19, of 555 Kappel Street, New Martinsville, entered a plea of innocence to his one count charge of conspiracy during his arraignment on Tuesday. His bond continues and he is scheduled to return to circuit court on Feb. 17 at 10 a.m.

Farley is said to have allegedly conspired with Tori D. Hinkle, Elson L. Hinkle, and Erin M. Greathouse to deliver Heroin, a Schedule I controlled substance, on or about March 3 in New Martinsville.

Summer Sellers Riley, 29, of 187 North State Route 2, Villa Apartments, New Martinsville, pleaded innocent to her one count indictment for felony delivery of a controlled substance (oxycodone). Bond was set at $5,000 personal recognizance, and she will return to court on Feb. 22 at 10 a.m.

Riley is alleged to have committed the offense on Sept. 10, 2011, in New Martinsville.

Jonathan Edward Glendenning, 22, of 202 Abbie Drive, New Martinsville, appeared for his arraignment without counsel and as such he was ordered to file an eligibility affidavit and his hearing was passed until Feb. 24 at 10 a.m. His bond was set at $2,500 personal recognizance.

Glendenning is indicted on one count of manufacturing a controlled substance (marijuana) in that he allegedly manufactured, by cultivation, the Schedule II controlled substance on or about Aug. 2 in Wetzel County.

James Ronald Long, 61, of 414 Ohio Street, New Martinsville, and Roger Dean Long, 58, of P.O. Box 381, Reader, appeared for their arraignments. James Long, who was present with retained counsel Attorney Brown, will be formally arraigned on Feb. 22 at 10 a.m. Roger Long, present with his retained counsel Attorney Thomas Dyer of Clarksburg, entered a plea of innocence to his charge and will also return Feb. 22 at 10 a.m. Both were granted a $5,000 personal recognizance bond.

They are each charged with one count of manufacturing a controlled substance (marijuana) for allegedly manufacturing, by cultivation, the Schedule II controlled substance on or about July 21 in Wetzel County.

Leslie L. Debolt, 41, of 416 Foundry Street, New Martinsville, appeared in court with Attorney Neiswonger who stated more time was needed before Debolt's arraignment. Regarding bond, Neiswonger stated he felt his client's bond, set at $30,000 cash only, was "completely excessive" for the charges. He noted that while Debolt has a "significant criminal history," his appearances have been consistent. "He's not going anywhere," Neiswonger affirmed. The state opposed the defense's request, and the judge stated the motion will be addressed at Debolt's next hearing set for Feb. 22 at 10 a.m. Debolt was remanded the NRJ.

Debolt was handed a four-count indictment for offenses alleged to have occurred on or about Sept. 28 in Wetzel County.

Count one charges Debolt with fleeing from an officer while DUI for fleeing in an automobile on West Virginia Route 2 and on Foundry Street in New Martinsville from Chief Tim Cecil, who was acting in his official capacity as Chief of Police of the New Martinsville Police Department, after Chief Cecil had activated his blue lights in an attempt to stop the vehicle, and the said Debolt was under the influence of drugs at the time.

Count two states he committed the misdemeanor offense of driving under the influence of any controlled substance for driving a motor vehicle on state Route 2 and on Foundry Street in New Martinsville while under the influence of controlled substances.

Count three charges him with misdemeanor reckless driving for operating a motor vehicle on the above named highways in New Martinsville in wanton disregard for the safety of persons or property by causing an accident involving another motor vehicle, driving at a high rate of speed, nearly striking a child, and by striking a pole on Foundry Street.

Count four states Debolt committed the misdemeanor offense of domestic assault for committing an act which placed his girlfriend in reasonable apprehension of immediately receiving a violent injury by chasing her both inside and outside their home in New Martinsville.

Roger Lee Harper Jr., 31, of 5146 Trace Fork Road, Sandyville, W.Va., appeared alongside Attorney Gardner for his arraignment, however it was determined more time was needed to review matters. As such a return date was set for Feb. 22 at 10 a.m. Harper's bond continues.

Harper has been charged with one count of third offense driving revoked for DUI for allegedly operating a motor vehicle on West Virginia Route 2 and Doolin Run Road in Wetzel County. This said individual was previously convicted of the offense of driving suspended/revoked for DUI n the Magistrate Court of Kanawha County, W.Va., on or about July 22, 2008; and in the Magistrate Court of Jackson County, W.Va., on or about June 12, 2008.

Meanwhile, Charles Homer Derby Jr., 29, of P.O. Box 246, Littleton, appeared before the judge wherein it was learned there has been some confusion regarding the elements of a plea agreement. With that in mind, no action was taken and Derby will return Feb. 22 at 10 a.m. He was remanded to the NRJ.

On Oct. 3, 2011, Derby remained silent as the court entered innocent pleas on his behalf to his two-count indictment for offenses said to have occurred on or about July 27, 2011, in Wetzel County.

Count one of his indictment states he allegedly committed the felony offense of malicious assault in that he maliciously, unlawfully, feloniously, and knowingly caused bodily injury to a man with the intent to maim, disfigure, disable, or kill the said victim by stabbing him with a knife.

Count two levies Derby with the misdemeanor offense of giving false information to the West Virginia State Police in that he unlawfully and knowingly gave false or misleading information to Senior Trooper F. L. Raynor, an officer of the state police, by denying to the officers that he was carrying a knife, when in fact, he did have a knife on his person.

In another matter, three individuals failed to appear for their initial hearings in Wetzel County Circuit Court. As such, capias warrants for arrest have been issued to: Mary Bennett, 59, of 421 1/2 Maple Ave., New Martinsville; Shaun Michael Haslam, 28, of 37235 Fifth Avenue, Sardis, Ohio; and Rebecca Ann Watson, 25, of P. O. Box 552, Pine Grove.

Bennett was indicted on one felony count of delivery of a controlled substance (hydrocodone). The alleged offense is to have occurred on Sept. 22, 2010, in New Martinsville.

Haslam was handed two, two-count indictments by grand jurors.

In his first indictment, Haslam is charged with forgery and uttering for allegedly forging the signature of another person, Cynthia Cook, to Montana Unemployment Insurance Division Benefit Check numbered 02859673 issued payable to Cynthia Cook, in the amount of $421, which was cashed at Witschey's Market, Inc., in New Martinsville. He is said to have employed as true the forged writing, when he knew the signature of Cynthia Cook on the said check was forged. These offenses are said to have happened on or about Nov. 30.

In his second indictment Haslam is charged with delivery of a controlled substance (Percocet) for allegedly delivering the Schedule II controlled substance on or about Sept. 12 in New Martinsville. And on or about the same date, count two of that indictment says he committed the misdemeanor offense of driving revoked for DUI for operating a motor vehicle on West Virginia Route 2 in New Martinsville when his privilege to do so had been suspended or revoked for DUI.

And Watson received a 25-count indictment, all to have occurred in 2011 on the account of Jerry L. White and Vickey A. White.

Counts one and two are for felony forgery and uttering, respectively, for allegedly forging and employing as true a check written in the amount of $100 on Feb. 11 at Witschey's Market, Inc. Counts one and two are for felony forgery and uttering, respectively, for allegedly forging and employing as true a check written in the amount of $100 on Feb. 11 at Witschey's Market, Inc. Counts three and four are for felony forgery and uttering, respectively, for allegedly forging and employing as true a check written in the amount of $100 on Feb. 11 at Witschey's Market, Inc. Counts five and six are for felony forgery and uttering, respectively, for allegedly forging and employing as true a check written in the amount of $100 on Feb. 12 at Witschey's Market, Inc. Counts seven and eight are for felony forgery and uttering, respectively, for allegedly forging and employing as true a check written in the amount of $100 on Feb. 12 at Witschey's Market, Inc. Counts nine through 12 are for felony forgery for writing checks made out to herself in the amounts of $1,500 on Feb. 18, $800 on Feb. 15, $250 on Feb. 11, $350 on Feb. 11. Counts 13 and 14 are for felony forgery for writing checks made out to Lynsey Erb in the amounts of $1,300 on Feb. 16 and $800 on Feb. 15. Counts 15 and 16 are for felony forgery for writing checks made out to Gary Kirkhart in the amounts of $100 on Feb. 11 and $300 on Feb. 11. Count 17 is for felony forgery for writing a check made out to Rose Thomas in the amount of $675 on Feb. 10. Counts 18 and 19 are for felony forgery and uttering for writing a check made out to Shoe Sensation in the amount of $496.27 on Feb. 11. Counts 20 and 21 are for felony forgery and uttering for writing a check made out to Mayo's Exxon in the amount of $167.08 on Feb. 11. Counts 22 and 23 are for felony forgery and uttering for writing a check made out to Municipal Utilities in the amount of $250 on Feb. 10. Counts 24 and 25 are for felony forgery and uttering for writing a check made out to Go Mart in the amount of $68.47 on Feb. 11.

Lastly, upon the state's request, the single sealed indictment from this term was dismissed.

 
 
 

 

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