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Judge Karl Shows Leniency

October 24, 2012
BY LAUREN RIGGS - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

In Friday's session of Wetzel County Circuit Court, Prosecuting Attorney Timothy Haught stated he had no objection to the reduction in defendant Rebecca Watson's prison sentence. Judge Mark A. Karl agreed to this, and thus, placed Watson on two years supervised probation under Probation Officer John Lantz.

On April 30, Watson pleaded guilty to count one of forgery and count two of uttering. She was sentenced to one to 10 years in the West Virginia Penitentiary for Women where she was to also receive drug counseling and treatment. During this previous court appearance, a tearful Watson had apologized for "wasting the court's time and hurting my mother."

On Friday, Judge Mark A. Karl agreed to the reduction in sentence and placed Watson on two years of supervised probation. An emotional Watson thanked the prosecution for agreeing to a reduction in sentence.

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In another matter, Judge Mark A. Karl chose not to release Northern Regional Jail inmate Jeffrey Allen Dawson, 27, of Route 1, Box 16, Folsom, on a Rule 35 motion for a reduction in sentence.

This follows a Sept. 28 court appearance made by Dawson in which Karl ordered Chief Probation Officer John Lantz to conduct an interview with Dawson to help determine the ruling.

The state's position was in opposition to a Rule 35. On Friday, Prosecutor Haught stated that the state opposes such a motion based upon Dawson's conviction, a drug offense. Haught reminded the court that there is a prescription drug problem in Wetzel County, and all over West Virginia. The state was afraid Dawson would get involved with drugs again.

Based upon the interview conducted by Lantz, Karl agreed not to release Dawson. "I'm not letting you out," Karl harshly told Dawson, "Don't come back again."

On May 18, Dawson pleaded guilty to (count one) conspiracy to deliver a controlled substance, hydrocodone, a schedule III substance.

In another matter, Edward K. Hornbeck, 36, of 187 North State Route 2, Apt. D101, entered a plea of innocence to three counts of conspiracy to deliver and three counts of delivery of oxycodone. These offenses are to have allegedly occurred on or about March 21, March 28, and May 23. Preliminary discovery was tendered by the prosecution and a return date has been set for Nov. 5, 1:30 p.m.

Innocent pleas were entered by the court on behalf of Jason Andrew Young, 29, of 71 West Benjamin Drive, New Martinsville, concerning both of his cases. Young, represented by F.M. Dean Rohrig, received both a 12-count uttering indictment, along with a separate indictment containing two charges of conspiracy to delivery oxycodone.

A return date for Young was set for Nov. 5, 1:30. It was agreed that bond for both cases would be set at $25,000.

James Daniel Duke, 43, of 151 Commercial St., New Martinsville, appeared in court alongside Defense Attorney Jeremiah Gardner. The court entered innocent pleas to each of Duke's four counts.

Duke's indictment alleges 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.

Gardner requested time to respond to the state's preliminary discovery; thus, a return date was set for Nov. 5, 1:30 p.m.

In another matter, Gardner reported that he had recently been approached by fellow defense attorney Keith Hart, who told him that he had been retained by defendant Alex Wayne Pyles, 23, of HC 60 Box 99, Valley Manor Apt. 14, Pine Grove. Gardner had been representing Pyles in his case involving two charges of third degree sexual assault.

Therefore, the matter was passed until Nov. 5, 1:30 p.m.

Roger Lee Headley, 29, of HC 60, Box 9BB, New Martinsville, entered a plea of innocence to his one count indictment, conspiracy to deliver of oxycodone. Preliminary discovery was given to the defense and a return date was set for Nov. 5, 1:30 p.m.

Attorney Roger Weese reported that a case involving his client, Ronald A. Morgan, 36, of HC 60, Box 92, Pine Grove, is still ongoing in Tyler County. Weese stated that the Tyler proceedings would affect Morgan's Wetzel County case. Therefore, a return date of Dec. 3, 10 a.m. was set for Morgan.

Morgan's one-count indictment of grand larceny alleges that he did commit simple larceny of goods or chattels of the value of $1,000 or more, belonging to Randy W. Lemasters, with the intent to permanently deprive the owner of the same.

In another matter, Jeremiah Gardner reported that he did not believe his current client, James Michael Hall, was actually qualified for court-appointed counsel. Gardner stated that he has requested paycheck stubs from Hall, 35, of 115010 Crouse St., Pound, Va. It was discovered that Hall's eligibility was turned down because his income was too high.

Hall was also ordered not to approach the prosecution concerning his case.

A return date has been set for Oct. 29, 1:30 p.m.

Hall had received a 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.

David C. White, partner of Kevin Neiswonger reported that discussions are ongoing in Neiswonger's case with Jonathan Owens, therefore the matter was passed until Nov. 5, 1:30 p.m.

Owens, 28, of HC 68, Box 530, Gunlock, Ky., has been charged 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 allegedly 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.

David Shawn Christen, 29, of 187 North State Route 2, Apt. 2, Apt. D101, New Martinsville, alongside his attorney F.M. Dean Rohrig, also appeared in court Friday. The court entered a innocent plea to Christen's charge of delivery of oxycodone, which allegedly occurred March 26. Preliminary discovery was given to the defense and a return date was set for Nov. 5, 1:30 p.m.

A plea of innocence was also entered by Gary L. Wade, 26, of HC 62, Box BB, Pine Grove, to his three drug-related charges. Count one charges him with delivery of oxycodone which allegedly occurred on or about April 17. Count two and three charge Wade with conspiracy to deliver oxycodone and delivery of oxycodone, both of which occurred on or about Sept. 6.

Also, Jason Scott Dalrymple, 30, or 346 Locust Street, New Martinsville, pleaded innocent to the felony offense of conspiracy. His indictment alleges that on or about July 11, Dalrymple conspired with Natasha Lynn Tedrow, Joshua E. Burch, and an unknown white male to deliver Subutex. A return date was set for Nov. 5, 1:30 p.m.

Joshua E. Burch, 28, of 447B Maryn Avenue, New Martinsville, appeared alongside his attorney, Thomas White, and entered a plea of innocence to his charge of conspiracy to deliver Subutex. Burch's return date was set for Nov. 5, 1:30 p.m.

Burch's indictment alleges that on or about July 11, Burch conspired with Tedrow, Dalrymple, and an unknown white male to deliver the Schedule III controlled narcotic substance.

Jason Lee Derby, 39, of Post Office Box 496, Reader, appeared in court alongside his defense attorney, David C. White, who stated that Neiswonger needed additional time to review the discovery tendered by the prosecution. Therefore, a return date was set for Nov. 5, 1:30 p.m. Derby's bond will continue.

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.

White reported that counsel was still in the process of "working things out" in the case involving his client, Charles Scott Moore, 27, of 187 North State Route 2, Apt. B203, New Martinsville. Haught requested that the matter be passed until a December day. Karl agreed to this and set the return date for Dec. 3, 10 a.m.

On June 29, Moore entered pleas of innocence to his 10-count indictment. 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.

Joseph Kipling Norris, 28, of HC 61, Box 314, New Martinsville, entered a plea of innocent to his charges of grand larceny and transferring stolen goods.

Haught requested that the matter be passed until the Dec. 3 return date, as this will give counsel sufficient time to resolve the matter.

Norris' indictment states that between March 23 and April 20, 2011, he allegedly stole a Husqvarna 3120k chop saw valued at more than $1,000, which belonged to Atlas Railroad in Wetzel County.

His second count states that between March 23 and April 20, 2011, Norris allegedly transferred the Husqvarna 3120k chop saw, belonging to Atlas Railroad, to Cody Joseph Craft, knowing it had been stolen.

Time is needed to review discovery in the case involving Daniel Ray Fordyce, 33, of HC 61, Box 3, Littleton, who is charged with grand larceny and transferring stolen goods; therefore, a return date has been set for Nov. 16, 10 a.m.

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.

It was determined that a resolution has been reached in the case involving James Ronald Long, 62, of 414 Ohio Street, New Martinsville. However, time is necessary to finalize matters; therefore, the return date was set for Dec. 21, 10 a.m.

Long is 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, 2011, in Wetzel County.

Shawn C. Stackpole, 27, of Post Office 116, Porters Falls, will also return to court on Dec. 21, 10 a.m. Attorney Brent Clyburn stated that he and the prosecution had been communicating and he believes counsel is "at a resolution."

Stackpole was indicted on two counts, conspiracy and principal in the second degree to delivery of a controlled narcotic substance (oxycodone). On or around Jan. 19, Stackpole allegedly conspired with Zachery Jerico and Charles Zachary Wells to deliver oxycodone, a schedule II controlled narcotic substance in Wetzel County. The second charge states that on that same date Stackpole did intentionally aid and abet in the delivery of oxycodone.

In another matter, the court entered innocent pleas for all of Lonnie David Gray's 18 counts. Special Prosecuting Attorney Carl Worthy Paul stated that a voluntariness hearing would be needed. A return date was set for Nov. 5, 1:30 p.m. Gray, 65, of HC 60, Box 70, New Martinsville, 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.

Defense Attorney White reported the prosecution and defense still needed to meet to review documentation in the case involving Charles Michael Young, 51, and Mary Evelyn Young, 50, both of Route 1, Box 31A, New Martinsville. Prosecutor Haught agreed, stating that his and Kevin Neiswonger's schedules had been conflicting and had prevented such. Thus a return date was set for Nov. 5, 1:30 p.m. On Feb. 10 both Charles and Mary Young entered pleas of innocence to their charges.

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 misappropriated the assets of Burton Young, who is over the age of 65, by permitting the recording of a Quitclaim Deed, 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.

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.

 
 

 

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