Timothy John Judge, 31, of Box 132, Friendly, was sentenced Tuesday in Wetzel County Circuit Court to one to five years in the West Virginia State Penitentiary for Men.
He had pleaded guilty on Aug. 13 to failing to register as a sex offender 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.
Both sides of counsel had their chance to give last words to the Judge Mark A. Karl before he went through with sentencing. Jeremiah Gardner, Judge's defense, reminded Karl of a letter written by Judge's employer in his favor. Gardner also reported that Judge is gainfully employed and is paying child support. Gardner stated that the error made by Judge was a technical one, in that he bought a cell phone and forgot to report his new cell phone number.
Prosecuting Attorney Timothy Haught reminded the court of Judge's history in both Tyler and Pleasants counties, that this was not his first offense of a similar nature.
Judge Karl agreed and thus, sentenced Judge to one to five years. He admonished Judge, telling him, "You've had opportunities; this shouldn't come as a shock to you."
Judge can file a Rule 35 motion for a reduction in sentence after four months in prison. Also, the state previously agreed to drop count two, knowingly failing or refusing to report a new vehicle or change in vehicle, per the terms of Judge's plea agreement.
Joseph Leroy Watson, 18, of Post Office Box 125, Littleton, was also sentenced in court Tuesday. Watson was sentenced to one year in the West Virginia Penitentiary for Men. However, this sentence was suspended and he was sentenced to the Anthony Center for Youthful Offenders for a span of six months to two years. Per the request of Chief Probation Officer John Lantz, Watson is also to report to Lantz once a week until a bed becomes available at the Anthony Center. If Watson successfully completes his sentence at the Anthony Center, he is to be placed on probation for two years.
On Aug. 16, Watson pleaded guilty to fourth degree arson, a lesser included offense of his original six-count indictment. The maximum penalty for this offense would be a fine of $2,500, along with a prison sentence of two years, with credit for 10 days served. His indictment was for nighttime burglary and first degree arson, in addition to three charges of domestic battery and one charge of battery.
In another matter, it was determined that the court will try one more time to assemble a qualified jury locally in the case involving John M. Howell, 44, of HC 61 Box 114, New Martinsville. Defense Attorney Keith Hart had argued that the court has tried to assemble a qualified jury in Wetzel County, but due to the results of the questionnaires sent out, he did not believe this was possible. Haught argued that the state's position is that they do believe a jury could be seated in Wetzel County.
Karl agreed with the prosecution for now and decided to send out 60 more questionnaires. He stated if those do not indicate a local jury is possible, the next plan of action would be to hold the trial in either Tyler or Marshall counties. The case was continued generally.
On Jan. 18, 2011, Howell pleaded innocent to his four-count indictment charging him with felony offenses of a sexual and violent nature said to have occurred on or about Dec. 14, 2010, in Wetzel County.
Howell faces one count each of the felony offenses of kidnapping, second degree attempted sexual assault, first degree sexual assault, and malicious assault (respective to counts one through four) for acts committed against his wife. The two had been separated since August 2010 and have a child in common.
In another matter, Christopher Justin Drane, also known as "Drano," 23, no address given, waived extradition and agreed to return to Georgia to face parole violations there. Drane's attorney, Kevin Neiswonger, recommended that the court pass the indictment on Drane's new charges until "we see what happens in Georgia."
Drane, along with Anthony Gibbons, also known as "Twan," 24, no address given, received a one-count indictment charging them with first degree robbery. The indictment alleges that on or about Aug. 31 both Drane and 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.
As for Gibbons, a plea of innocence was submitted. He will return to court, alongside his defense, Gardner, on Nov. 5, 1:30 p.m.
Tony Eugene Cook, 47, no address given, appeared in court alongside his attorney, Gardner, where he requested a reduction in bond. Due to charges of third-offense domestic battery and violation of an emergency order of protection, Judge Karl denied this request. Cook's return date has been set for Oct. 29, 1:30 p.m. Cook's indictment alleges that on or about July 10, Cook unlawfully made physical contact with his ex-girlfriend, who had an emergency order of protection against him, by striking her in the head with his head.
In the case involving Kimberly Dawn Parsons, 21, of 248 Woodland Knls 28, Moundsville, W.Va., it was determined that a voluntariness hearing is needed regarding a statement Parsons gave. Therefore, a return date has been set for Nov. 5, 1:30 p.m.
Parsons received a one-count indictment from the September grand jury stating 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.
Neiswonger reported that he had reviewed discovery with his client, Troy M. Richman, 51, of HC 61, Box 321, New Martinsville. Neiswonger reported that his client has a list of witnesses that will need to be provided to the state; Neiswonger furthermore expressed doubts that the case could be resolved without going to trial. Haught stated that a voluntariness hearing would also probably be necessary for this case. However, for now, a return date has been set for Nov. 5, 1:30 p.m.
Richman received a one-count indictment alleging that on or about June 4 Richman committed the felony offense of malicious assault by cutting Joseph Eugene Lasure with a knife.
Alexander Scott Whaley, 24, of HC 62, Box PP, Pine Grove, appeared in court alongside his retained attorney, Michael Alberty, who stated that he was going to be filing two motions in writing. Alberty stated that he was going to be filing a notice of self defense, as well as requesting supplemental discovery, specifically a June 26, 911 tape.
Whaley's charge of malicious assault 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.
Neiswonger reported that in the case involving his client, Ezra Cody Aberegg, 26, of P.O. Box 326, Pine Grove, an agreement does seem to be possible in the future; however, it appears as if restitution cannot be made until the beginning of next year. Therefore, a return date was set for Dec. 21, 10 a.m.
Aberegg was handed a two-count indictment for entry of a building other than a dwelling and grand larceny. On Jan. 13 he allegedly broke into an out building located on property belonging to John Hall on North Fork Road, Pine Grove, and took goods valued at more than $1,000.
It was determined that Defense Attorney Robert McCoid had been retained as counsel for Ryan Vown Isaacs, 26, of 65 Orchard Drive, New Martinsville. Therefore, arraignment was passed until McCoid could appear in court with his client.
Isaacs received two indictments charging him with sexual related offenses. Isaacs received two counts each of sexual abuse in the first degree and sexual abuse by a custodian, each set occurring at a separate time than the other. The charges allege that Isaacs subjected a child who was supposed to be under his care to sexual contact.
Isaacs' second indictment charges him with two counts each of sexual assault in the first degree, incest, and sexual abuse by a custodian. Each set occurred at different times.
Gardner provided a response to the state's request for disclosure of evidence in the case involving Jesse Ryan Tedrow, 20, of P.O. Box 325, Hundred. A return date was then set for Nov. 5, 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. The case was also continued for Nov. 5, 1:30 p.m.
Tonya McIver, 38, of Rt. 1, Box 356B, New Martinsville, appeared in court where she entered a plea of innocence to her five counts of parent authorizing sexual abuse of a child which were to have allegedly occurred on or about Nov. 25, 2011; Dec. 10, 2011; between Nov. 1, 2011 and March 21, 2012; Nov. 25, 2011; and between Nov. 1, 2011 and March 21, 2012.
The indictment states that McIver intentionally, knowingly authorized a child to engage in sexual intercourse with Charles Scott Moore.
Justin Ray Rose, 31, of HC 61, Box 106A, Littleton, entered a plea of innocence to his charge of manufacturing a controlled substance, marijuana. This offense allegedly occurred on or about Aug. 2. Rose will appear in court again Nov. 5, 1:30 p.m.
Keith Hart appeared on behalf of his client, Terrance Brawner, also known as "TB," 30, no address given, and requested that the matter be continued, as the state still needed time to investigate Brawner's possible alibi in Georgia. Therefore, a return date was set for Nov. 16, 10 a.m.
Brawner has been charged with first degree robbery, which allegedly occurred on or about Aug. 31.
Charles Zachary Wells, 22, of Rt. 1 Box 171, New Martinsville, appeared for both of his cases alongside his counsel, Brent Clyburn and Hart. Clyburn stated that he was still addressing a possible conflict he might have with the case in which he is representing Wells. He said he sent a letter to the prosecution requesting additional items. Haught stated that he had received the letter and has additional information, but requested the matter be returnable Nov. 5, 1:30 p.m.
Hart stated he had received discovery on Wells' other case. This matter has also been continued for Nov. 5, 1:30 p.m.
Wells previously entered pleas of innocence to his two indictments. His first indictment charges him with conspiracy, nighttime burglary, malicious assault, and assault during the commission of a felony. All of the offenses are to have occurred on Dec. 21, 2011, when Wells allegedly conspired with Wilson Scott Longwell to burglarize the residence of Brittney Griffith, 816 Fifth St., New Martinsville. The assault charges allege that Wells struck Charles W. Moore with his fists and by kicking him with his feet.
The second indictment is for conspiracy and delivery of a controlled narcotic substance (oxycodone). The offense was to have occurred on Jan. 19 with Zachery Jerico and Shawn Stackpole.
Charles Robert Wells, 46, of Post Office Box 53, Proctor, alongside his attorney Gardner, also appeared in court on the state's motion to revoke bond. Karl decided to give Wells the "benefit of the doubt" and let bond continue, but warned Wells that if he received a call reporting of a potential violation, Wells would be put in prison.
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.
Furthermore, 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.
The case involving Samuel Arthur Wade, 32, of Route 1, Box 69, Folsom, has been continued until Nov. 5, 1:30 p.m., as Special Prosecuting Attorney Carl Worthy Paul is still waiting on materials.
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.
Jimmy R. Work, 42, of 425 James Street, New Martinsville, appeared alongside Chad Haught, who was filling in for retained counsel David Jividen.
Chad Haught stated he would be filing the motion for a bill of particulars and discovery. A return date was then set for Oct. 29, 1:30 p.m.
Work's first count charges him with the felony offense of first degree robbery 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 alleges 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.