With the start of the new court term just a few short weeks away, on Thursday several defendants chose to waive their rights to a speedy trial.
Charles Robert Wells, 45, of 247 Lang Dr., New Martinsville, appeared in court alongside his attorney, David White, where he waived his right to a speedy trial. A return date has been set for Sept. 12, 10 a.m. Prosecutor Timothy Haught stated he will be filing a motion to revoke Wells' bond.
On Feb. 22, Wells pleaded innocent to his one-count felony charge of 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.
Charles Scott Moore, 26, of 187 North State Route 2, Apt. B203, New Martinsville, also waived his right to a speedy trial. His return date has also been set for Sept. 12, 10 a.m.
In May, Moore was given a 10-count indictment by the grand jury. Counts one through 10 allege that Moore unlawfully, intentionally, knowingly, and feloniously engaged in sexual intercourse with a female child who was less than 16 years old, was at least four years younger than the defendant, and was not married to the defendant. Moore is charged with five counts of sexual assault in the third degree and five counts of sexual abuse by a custodian.
Sean David Grimm, 25, of 349 Foundry St., New Martinsville, appeared alongside his attorney, Frederick Gardner, where Gardner moved to continue Grimm's case in the next term of court. Grimm waived his right to a speedy trial; hence, he will also return to court Sept. 12, 10 a.m.
Grimm had previously pleaded innocent to his one count of malicious assault. On April 22 in Wetzel County he allegedly caused bodily injury to Jacob Patrick Fluharty by striking and choking him with his hands.
Testimony was planned in the case of Alex Wayne Pyles, 23, of HC 60 Box 99, Valley Manor, Apt. 14, Pine Grove, but after a lengthy bench conversation requested by Defense Attorney Jeremiah Gardner, it was determined that Pyles will undergo a competency evaluation. Pyles will return to court Aug. 24 where Judge Mark A. Karl will determine if he can be released on home confinement, where he would live with his grandmother, Elaine Greathouse.
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.
Timothy Ray Parker, 49, of 159 Commercial Street, New Martinsville, also appeared in court alongside his defense attorney Jeremiah Gardner to file a rule 35b motion for a reduction of sentence. Gardner reported that in addition to being write-up free, his client had also been taking literacy and Bible classes while in prison. Jeremiah Gardner reported that Parker had earned several certificates. He also mentioned that his client has a broken prosthetic leg that he has been unable to get fixed.
Haught stated the prosecution would oppose a release on a rule 35b motion, as Parker has an "extensive criminal history." He has committed similar offenses in Wood County and has violated parole one time before. Haught reminded the court that the state did agree not to double the sentence at that time. "We do not believe he is a candidate for a rule 35," stated Haught.
Karl ruled against releasing Parker at this time, saying the court would look into the matter after Oct. 26, which would be a year since the offenses were committed.
On Jan. 18, Parker pleaded guilty to a one count information charging him with the offense of entry of a building other than a dwelling. For this offense Parker was sentenced to one to 10 years in the state men's penitentiary with credit for 85 days served. In addition to court costs, he was also ordered to pay restitution to the victim and forfeit additional money seized by the New Martinsville Police Department during their investigation. Parker was remanded to the NRJ to begin serving his sentence.
Zachary Jerico, 24, of 291 Locust St., New Martinsville, pleaded guilty to count two of his three count indictment. Count two charges Jerico with conspiracy, in that he conspired with his codefendants to deliver oxycodone, a scheduled II controlled narcotic substance. A pre-sentencing report is to be filed; therefore, Jerico will return to court Sept. 21.
The recommended jail sentence for such an offense is one to 10 years in the West Virginia Penitentiary for Men.