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Court Issues Capias Warrants, Accepts Pleas

October 10, 2012
BY LAUREN RIGGS - Staff Writer , Wetzel Chronicle

Capias warrants were issued for both Joy Jo Headley and Tessa Ann Young in Wetzel County Circuit Court Sept. 28.

Joy Jo Headley, 34, of HC 60, Box 44, New Martinsville, received two indictments from the September grand jury. The first indictment charged her with two counts of forgery and two counts of attempted uttering.

Count one and two allege that on or about March 29, 2011, Headley forged the signature of Virginia D. Tracy to a check made payable to Mayo's Exxon in the amount of $200, which she then attempted to cash at Mayo's Exxon in New Martinsville.

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Counts three and four allege that on or about March 29, 2011, Headley took the check written out to Mayo's Exxon and altered it payable to "Cash". Headley then allegedly attempted to cash this check at Peoples Bank in New Martinsville.

Headley then received a separate, four-count indictment.Counts one and two allege that Headley forged the signature of Donna Headley to a check made payable to "Joy Headley" in the amount of $750, which Joy Headley then cashed at Peoples Bank in New Martinsville.

Count three charges Joy Jo Headley with fraudulent schemes in that she allegedly wrote a check and made cash withdrawals from the Peoples Bank checking account of Donna C. Headley, knowing that she was not authorized to do so. The said check and withdrawals totaled more than $1,000.

Count four charges Joy Jo Headley with financial exploitation of an elderly person, alleging that she did feloniously misappropriate the assets of Donna C. Headley, who is over the age of 65, by making cash withdrawals and writing a check from the Peoples Bank checking account of Donna C. Headley, without Donna C. Headley's consent.

Besides previously failing to appear in court on motions to revoke probation, Tessa Ann Young, 25, of Rt. 1, Box 140, Proctor, recently received an indictment containing 13 counts of forgery from the September0 2012 grand jury. Young allegedly forged the signature of Amy Goddard on 13 checks from the Peoples Bank account of Amy Goddard and James D. Furbee. The counts, in order, are for the following dates and checks: March 31, to Cash, $100; April 1, to Tessa Young, $150; April 5, to Tessa Young, $150; April 11, to Jason Andrew Young, $100; April 12, to Jason Andrew Young, $95; April 12, to Jason Andrew Young, $95; April 16, to Jason Andrew Young, $100; April 18, to Witschey's, $60; April 18, to Jason Andrew Young, $100; April 19, to Witschey's, $50; April 19, to Jason Young, $120; April 20, to Witschey's, $95; and April 24, to Mayo's, $55.

George Patrick Hallowell, 43, of 45 Paducah Drive, Apt. 3, New Martinsville, appeared alongside his court-appointed attorney, Jeremiah Gardner and entered a plea of innocence to his three-count indictment. Requests for discovery were then made and preliminary discovery was given to the defense by the prosecution. A return date was set for Oct. 15, 1:30 p.m.

Hallowell's first count alleges that between May 8 and 9, he intentionally broke into the storehouse belonging to J-Wood Contracting, LLC with the intent to commit a larceny. The second count alleges that Hallowell did take belongings, having a cumulative value of more than $1,000, belonging to J-Wood Contracting, LLC. Count three of Hallowell's indictment charges that Hallowell did break and enter a building housing the Spieler's club.

Willard Johnson Loy, 53, of HC 63, Box 210, of Ellenboro appeared in court alongside Gardner, where Gardner requested a bench conference.

Based on the bench conference, it was determined that the Public Defender's office was relieved of their duties in representing Loy. Clyburn was then appointed as Loy's attorney, but after another bench conference, it was determined that there might be a conflict in Clyburn representing Loy; therefore, Shane Mallet was then appointed as Loy's attorney. A return date was then set for Oct. 15, 1:30 p.m.

Loy received a one-count indictment from the grand jury charging him with the felony offense of nighttime burglary. His indictment alleges that Loy did, in the nighttime, feloniously break and enter the residence of William Pefferman located at AAA Trailer Court, Lot 6W, New Martinsville, with the intent to commit a crime.

Jesse Ryan Tedrow, 20, of P.O. Box 325, Hundred, alongside his court-appointed attorney, Gardner, entered a plea of innocence to his one-count indictment charging him with grand larceny. Tedrow's return date was set for Oct. 16, 1:30 p.m.

Tedrow's indictment states that on or about Feb. 8, 2011, he allegedly stole goods, having a cumulative value of more than $1,000, belonging to Savage Heavy Highway.

Defense Attorney Kevin Neiswonger reported that he wanted to review new indictments with his client, Summer Sellers Riley, 30, of 187 North State Route 2, Villa Apartments. In addition, he wanted to view the evidence that was leading to the state's current motion to revoke Riley's bond.

On Feb. 7 Riley pleaded innocent to her one count indictment for felony delivery of a controlled substance (oxycodone), an offense which is alleged to have been committed on Sept. 10, 2011, in New Martinsville

By the September 2012 grand jury, Riley received a new, two-count indictment charging her with conspiracy to deliver oxycodone and delivery of oxycodone. The indictment states that on or about Aug. 27, Riley allegedly conspired with Jason A. Young and an unknown white male to deliver oxycodone.

Richard E. Mylar, 46, of 108 S. First Avenue, Paden City, entered a plea of innocence to his one-count indictment charging him with fraudulent schemes. The state presented Gardner, Mylar's appointed attorney, with preliminary discovery and filed their own request for discovery. A return date for Mylar was set for Oct. 15, 1:30 p.m., and he was remanded, pending posting of $5,000 bond.

His indictment states that between June 1 and June 2, Mylar allegedly deprived Betty L. Robinson of services in that he represented to Robinson that he would repair her garage roof at her New Martinsville residence. Mylar demanded payment of more than $1,000, allegedly without completing the repair work on that garage.

Jason Lee Derby, 39, of Post Office Box 496, Reader, appeared in court alongside his retained counsel, Neiswonger, and entered a plea of innocence to his two-count indictment. The prosecution presented Neiswonger with the requested discovery and filed a request for discovery. A return date was set for Oct. 19, 10 a.m.

Derby's indictment charges him with misdemeanor DUI and felony fleeing from an officer while DUI. On or about Feb. 11, Derby allegedly fled in an automobile on state Route 2 in New Martinsville and on state Route 7 in Wetzel County from Deputy Eric Daugherty, after Daugherty had activated his blue lights in an attempt to stop the vehicle. The second charge alleges that at this time, Derby had an alcohol concentration in his blood of more than 0.15.

The Public Defender Corporation was appointed to the case involving Lonnie David Gray, 65, of HC 60, Box 70, New Martinsville. Bond was set for $20,000 cash and a return date was set for Oct. 19, 10 a.m.

Gray received eight counts of sexual abuse in the first degree, eight counts of incest, and two counts of sexual abuse by a custodian.

Each count of sexual abuse in the first degree, (counts one, three, five, seven, nine, 11, 13, 16) allegedly occurred at a separate time and date from each other charge of sexual abuse in the first degree. They states that Gray allegedly subjected another person, who is 11 years old or less, to sexual contact.

Likewise, counts two, four, six, eight, 10, 12, 14, and 17 of incest are stated to have occurred at a time and date separate from each other charge of incest in the indictment.

The indictment further states that Gray allegedly committed the felony offense of sexual abuse by a custodian in that he, being the custodian of a child under his care, engaged in or attempted to engage in sexual contact with the child. Counts 15 and 18 of sexual abuse by a custodian are also to have occurred at dates and times separate from each other.

Troy M. Richman, 51, of HC 61, Box 321, New Martinsville, appeared alongside his retained counsel, Neiswonger, and entered a plea of innocence to his one-count indictment.

Prosecuting Attorney Timothy Haught handed over preliminary disclosure of discovery in the case, and a return date for Richman was set for Oct. 16, 1:30 p.m.

Kimberly Dawn Parsons, 21, of 248 Woodland Knls 28, Moundsville, appeared in court alongside her attorney Gardner, and entered a plea of innocence to her one-count indictment.

Haught provided the state's discovery to Gardner and entered the state's request for discovery. Parson's $2,500 bond continued. A return date was also set for Oct. 16, 1:30 p.m.

Parson's indictment states that that on or about June 15 Parsons committed the felony offense of unlawful assault in that she unlawfully caused bodily injury Frances Martha Headley by striking her with a pipe in New Martinsville.

Jason Andrew Young, 29, of 71 West Benjamin Drive, New Martinsville, received a 12-count uttering indictment on Sept. 28. Young allegedly cashed several checks from the Peoples bank account of Amy Goddard and James D. Furbee, knowing the checks were forged. The counts, in order, are for the following dates and checks: March 31, to Cash, $100; April 1, to Tessa Young, $150; April 5, to Tessa Young, $150; April 11, to Jason Andrew Young, $100; April 12, to Jason Andrew Young, $95; April 12, to Jason Andrew Young, $95; April 16, to Jason Andrew Young, $100; April 18, to Witschey's, $60; April 18, to Jason Andrew Young, $100; April 19, to Witschey's, $50; April 19, to Jason Young, $120; and April 20, to Witschey's, $95. These offenses allegedly occurred on or about Aug. 27. On Sept. 19, F.M. Dean Rohrig was appointed as Young's attorney, and a return date has been set for Oct. 19, 10 a.m. Jason Andrew Young, 29, of 71 West Benjamin Drive, New Martinsville, received one indictment containing 12 counts of uttering from the September 2012 grand jury.

On Sept. 25, Young received a two-count indictment charging him with conspiracy to delivery oxycodone, along with delivery of oxycodone. These offenses allegedly occurred on or about Aug. 27. F.M. Dean Rohrig was appointed as Young's attorney on these drug-related charges and the return date for those charges was set for Oct. 19, 10 a.m. Thus, Karl set the return date on the uttering matter to Oct. 19, 10 a.m., as well.

James Michael Hall, 35, of 115010 Crouse St., Pound, Va., appeared in court where he received his three-count indictment charging him with the felony offense of fleeing from an officer while DUI, the misdemeanor offense of DUI, and the felony offense of destruction of property.

The Public Defender Corporation was appointed as Hall's defense, and the state expressed satisfaction with Hall's existing bond. Hall is to return to court Oct. 19, 10 a.m.

Counts one and two of his indictment alleges that on or about Aug. 20, James Michael Hall did flee in an automobile on state Route 2 in New Martinsville, from New Martinsville Police Chief Tim Cecil, after Cecil had activated his blue lights in an attempt to stop the vehicle. Hall was allegedly driving a Ford pickup on state Route 2, Parkway Avenue, Fourth Street, Hassner Lane, and Long Street in New Martinsville, while he had an alcohol concentration in his blood of more than 0.15.

Count three of his indictment states that, allegedly, during this time Hall did deface a garage located at 829 Fourth Street, a garage located at 825 Fourth Street, a utility pole at the corner of Hassner Lane and Long Street, and a Ford pickup truck in New Martinsville. Damages cumulatively totaled more than $2,500.

Brian Keith Highley, 54, of RR 2, Box 175, New Martinsville, also appeared in court alongside his retained attorney John Butler. Highley was handed two separate indictments by Special Prosecuting Attorney Carl Worthy Paul, each containing two charges of sexual assault in the first degree, two charges of incest, and two charges of sexual abuse by a custodian.

Paul handed over the preliminary discovery and entered the state's request for discovery. A personal recognizance bond was set for $10,000. Highley was also ordered to make no contact with the alleged victims in the case.

Counts one and four of the first indictment charge Highley with sexual assault in the first degree. Count one states that between July 10, 2011 and Nov. 18, 2011, Highley committed the felony offense of sexual assault in the first degree in that he engaged in sexual intercourse or sexual intrusion with a person who was younger than 12 years. Count four states that the felony offense occurred between Nov. 18, 2011, and May 3, 2012.

Counts two and five charge Highley with incest. Count two allegedly occurred between July 10, 2011, and Nov. 18, 2011. Count five allegedly occurred between Nov. 18, 2011, and May 3, 2012.

Counts three and six charge Highley with sexual abuse by a custodian in that he engaged in or attempted to engage in sexual contact with a child under his care. Count three allegedly occurred between July 10, 2011, and Nov. 18, 2011. Count six allegedly occurred between Nov. 18, 2011, and May 3, 2012.

Charles Robert Wells, 46, of Post Office Box 53, Proctor, alongside his attorney Gardner, also appeared in court. Gardner stated that he had been able to read over the new indictments with Wells, who then entered a plea of innocence to his indictment. A personal recognizance bond in the amount of $5,000 was then issued, but Karl sternly told Wells, "Any additional charges, and you will be wearing orange." He then discussed received a two-count indictment. Wells' first count, third or subsequent offense domestic battery, alleges that on or about July 16, Wells struck a family member in the face with his hand in New Martinsville. His second count, battery, alleges that on July 16 Wells intentionally struck a person in the face by throwing a can of soda or beer at her in New Martinsville. Wells was previously convicted of the offense of domestic battery in the Magistrate Court of Wetzel County on Feb. 13, 2004; and in the Magistrate Court of Wetzel County on Nov. 14, 2007.

On Feb. 22, Wells pleaded innocent to a 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.

Alexander Scott Whaley, 24, of HC 62, Box PP, Pine Grove, appeared in court alongside his retained attorney Michael Alberty, where he was handed a one-count indictment from the grand jury, charging him with malicious assault. This charge alleges that on or about June 27, Whaley did cause bodily injury to Leonard K. Wildman by striking him in the face and kicking him in the face.

Haught stated that he would respond to the defense's request for discovery by mail; he then entered the state's request for discovery. A return date was set for Oct. 16, 1:30 p.m., and it was decided that Whaley's bond from magistrate court will continue.

James Daniel Duke, 43, of 151 Commercial St., New Martinsville, appeared in court where he was handed a four-count indictment alleging that he committed the offenses of failure to update sex offender registry information, second offense failure to update sex offender registry information, second or subsequent offense failure to update sex offender registry information, and second or subsequent offense failure to register as a sex offender.

Cash bond was set at $10,000, and a return date was set for Oct. 19, 10 a.m. The Public Defender Corporation was appointed as Duke's defense.

The first count of his indictment states that on or before April 25, 2010, Duke allegedly failed to report to the West Virginia State Police in Wetzel County his move to the state of Ohio.

The second count alleges that on or before July 11, 2012, Duke knowingly failed to provide a change of address in New Martinsville. On or about June 30, 2010, Duke had been convicted of "failure to register" in the Common Pleas Court of Ohio.

The third count alleges that Duke knowingly failed to register or provide a change in information to the West Virginia State Police in Wetzel County by failing to report a change of his telephone number.

The fourth count alleges that Duke, being required to register as a sex offender for life, failed to report, in the month of his birth, to the West Virginia State Police detachment in Wetzel County.

Jimmy R. Work, 42, of 425 James Street, New Martinsville, appeared alongside his retained counsel, David Jividen, and was handed a five-count indictment.

Work was given permission by the court to operate his business, which sells liquor, as well as go to Pennsylvania to work. Work's return date was set for Oct. 16, 1:30 p.m.

Work's first count charges him with the felony offense of first degree in that on or about Aug. 6, Work did intentionally commit robbery by striking and beating Chelsea Renee Barker and stealing property and money from Barker in New Martinsville.

Count two of Work's indictment states that on or about Aug. 6, he did commit the misdemeanor offense of domestic battery in that he did intentionally tackle his ex-girlfriend, Barker, causing her physical harm.

Count three charges Work with the misdemeanor offense of "violation of a condition of bail" in that on or about Aug. 6, Work did intentionally violate a condition of bail, which was issued in Wetzel County Magistrate Court, in an effort to protect the personal safety of Barker. This condition prohibited him from having contact with her.

Count four charges Work with the felony offense of conspiracy in that on or about Aug. 6, he did intentionally conspire with Anthony McClain to deliver Psilocybin Mushrooms, a Schedule I controlled substance, in Wetzel County.

Count five charges Work with possession of a controlled substance (psilocybin mushrooms) with intent to deliver, in that on or about Aug. 6, Work unlawfully possessed, with the intention to deliver, Psilocybin Mushrooms, a Schedule I controlled substance.

Jonathan Owens, 28, of HC 68, Box 530, Gunlock, Ky., appeared alongside his retained counsel from magistrate, Kevin Neiswonger, and was given his two count indictment charging him with possession of a controlled narcotic substance (Xanax) with intent to deliver and misdemeanor driving under the influence.

Both offenses are to have occurred on or about July 22. Owens was driving a Ford pickup on Fourth Avenue (state Route 2) in Paden City, while he had an alcohol concentration in his blood of more than 0.15. He also allegedly possessed Xanax with the intent to deliver.

Owens' return date was set for Oct. 19, 10 a.m.

William Harold Angus, III, 26, of 46 Anson St., Apt. 1, New Martinsville, was handed his four-count indictment containing two charges each of forgery and uttering. The charges stem from incidents on March 10 and 16 when Angus allegedly forged the signature of W.H. Angus on checks made payable to Bill Angus and Go Mart in the amounts of $200 and $94.55.

Gardner was appointed Angus' attorney and a $10,000 personal recognizance bond was set. Angus's return date was set for Oct. 15, 1:30 p.m.

Daniel Ray Fordyce, 33, of HC 61, Box 3, Littleton, appeared in court where he received a two-count indictment containing charges of grand larceny and transferring stolen goods.

On or about Feb. 8, 2011 Fordyce allegedly stole goods totaling more than $1,000 from Savage Heavy Highway. His second count alleges that between Feb. 8, 2011, and April 3, 2011, Fordyce allegedly transferred to Andrew Burt Wade a Husqvarna K750 14" chop saw valuing more than $1,000, which belonged to Savage Heavy Highway.

Haught stated that due to Fordyce's prior history, he was requesting that bond be set at $10,000 cash. George Stanton, Fordyce's attorney, argued that his client lives in Pennsylvania where he was given a direct presentment of his charges and did not fail to appear in court. Furthermore, Stanton argued, his clients' co-defendants were all given personal recognizance bonds.

Karl set bond at $5,000 cash and set Fordyce's return date for Oct. 19, 10 a.m.

Cody Joseph Craft, 22, of HC 61, Box 58, Wileyville, appeared alongside Gardner, where he entered a plea of innocence to his one-count indictment. Haught responded to the defense's request for discovery and Judge Karl set a return date for Oct. 15, 1:30 p.m. Craft's one charge alleges that he committed the felony offense of receiving stolen goods in that between March 23, 2011, and April 20, 2011, Craft did feloniously receive a Husqvarna 3120k chop saw from Joseph Kipling Norris, belonging to Atlas Railroad, which Craft had reason to believe had been stolen.

Anthony Gibbons (Givens) aka Twan, 24, no address given, appearing alongside his attorney, Gardner, entered a plea of innocence to a one-count indictment charging him with first degree robbery. The indictment alleges that on or about Aug. 31, Gibbons allegedly feloniously attempted to commit robbery of Raymond Smith by chasing, catching, and threatening Smith with death while presenting a firearm in his face, for the purpose of robbing him.

Furthermore, it was noted that a complaint had been received that Gibbons was threatening people at the Villas apartments; therefore, Gibbons was reported that if his address is not at the Villas, then he is prohibited from being there.

Additional time is needed for discovery in the case involving Samuel Arthur Wade, 33, of Route 1, Box 69, Folsom. After a bench conference involving Judge Karl, Gardner, and Paul, a return date was set for Oct. 16, 1:30 p.m.

Counts one, four, and seven of Wade's indictment state that at some point between Nov. 1 and Dec. 26, 2010, Wade allegedly committed the felony offense of sexual assault in the second degree. Counts two, five, and eight charge Wade with the felony offense of incest. Counts three and six charge Wade with sexual abuse by a custodian.

 
 
 

 

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