The courtroom was crowded as several defendants appeared before Judge Mark Karl in Wetzel County Circuit Court Monday morning.
Michael Alberty requested additional discovery from the prosecution in the case involving his client, Alexander Scott Whaley, 24, of HC 62, Box PP, Pine Grove. Alberty requested 911 calls from two years ago, as well as a copy of all police investigation reports. Prosecutor Timothy Haught stated he did not know if dispatch would have calls from two years ago, but he would look into the matter.
Additionally, Alberty stated that several calls had been made to the prosecutor's office by Whaley and his family, including his wife. Haught stated that if Whaley had records of such calls, he would like to see them. Alberty responded by saying that Whaley's service provider no longer provides print-outs of calls.
It was also decided that a voluntariness hearing would be necessary in this case; therefore, a return date of Nov. 27, 10 a.m. was set.
Whaley received a one-count indictment by the September 2012 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.
Virginia Hornbeck, 38, of 187 North State Route 2, Apt. D101, New Martinsville, alongside attorney Frederick Gardner, entered pleas of innocence to her six-count drug indictment. Supplemental discovery was provided by the prosecution and a return date was set for Nov. 16, 10 a.m.
Hornbeck received a six-count indictment from the grand jury charging her with three counts each of conspiracy to deliver and delivery of oxycodone. The sets of offenses are to have occurred on or about March 21, March 28, and May 23.
Kimberly Dawn Parsons, 21, of 248 Woodland Knls 28, Moundsville, appeared in court for a voluntariness hearing where it was determined that the statement she allegedly gave was a handwritten statement, not spoken. It was also determined that before a voluntariness hearing can be held, recordings that are on Parsons' phone need to be preserved first. A return date was set for Nov. 27, 10 a.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.
Jesse Ryan Tedrow, 20, of P.O. Box 325, Hundred, waived his right to a speedy trial. Tedrow's return date was then set for Jan. 25, 10 a.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.
Samuel Arthur Wade, 32, of Route 1, Box 69, Folsom, appeared in court where Special Prosecutor Worthy Paul stated he needed a transcript from a previous proceeding. But Paul said he would be unable to get these transcripts on his own. "I requested it, but I don't think it'll come by my request." Defense Attorney Jeremiah Gardner said he would look into the matter; thus, a return date has been set for Nov. 27, 10 a.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.
Frederick Gardner stated that he had yet to receive a video in the case involving his client, Gary Wade, 26, of HC 62, Box BB, Pine Grove. Prosecutor Haught stated that he would get the video to Gardner and a return date for the case was set for Nov. 16, 10 a.m.
On Oct, 19, Gary Wade entered a plea of innocence 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.
It was agreed that the bond of Gary Lee Mallendick, 26, of 187 North State Route 2, Apt. D202, New Martinsville, would be reduced to $2,500, provided that Mallendick would agree to stay off the property of the New Martinsville Villas. A return date for Mallendick was set for Nov. 14, 10 a.m.
Mallendick received a one-count indictment from the September 2012 grand jury charging him with delivery of heroin, which allegedly occurred on or about March 14.
In addition, Mallendick is also charged with delivery of marijuana, which allegedly occurred Oct. 2, 2009.
Edward K. Hornbeck, 36, of 187 North State Route 2, Apt. D101, New Martinsville, will return to court Nov. 16, 10 a.m. More time is needed to review discovery because of compatibility issues with the videos that are part of the state's evidence.
On Oct. 19, Edward Hornbeck 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.
There could possibly be a resolution in the future as to the case involving Jason Andrew Young, 29, of 71 West Benjamin Drive, New Martinsville. Young was charged with 12 counts of uttering; he also has a separate indictment, which charges him with drug-related offenses.
Young's attorney, F.M. Dean Rohrig stated that it would take more than a week to wrap up Young's case. Therefore, a return date was set or Nov. 30, 1:15 p.m.
The uttering indictment states that Young allegedly cashed several checks from the Peoples Bank account of Amy Goddard and James D. Furbee, knowing the checks were forged.
The two-count drug indictment, charges Young with conspiracy to deliver oxycodone, along with delivery of oxycodone. These offenses allegedly occurred on or about Aug. 27.
Bond will not be reduced for Willard Loy, 53, of 4th and McEldowney Avenue, New Martinsville. Loy appeared in court alongside his attorney, Brent Clyburn, on a motion to set the bond for both his drug charges and burglary charge at $10,000.
The state opposed such a reduction, with Prosecutor Haught stating Loy is facing a lifetime recidivist sentence if convicted on either one of his cases. Haught also noted that when Loy was arrested at the site of the burglary he was allegedly involved in, he was caught in the house with socks on his hands.
Clyburn stated his client was not opposed to home confinement while on bond, but Judge Karl ruled he was not going to allow Loy out on bond.
As for further action, Clyburn stated that he had received the video evidence from the state, but he had not had a chance to review this part of discovery with Loy yet. Thus, a return date was set for Nov. 27, 10 a.m.
Two plea offers have been made by the state in the case involving, James Daniel Duke, 43, of 151 Commercial St., New Martinsville. Gardner stated that he felt something could be worked out; thus, a return date was set for Nov. 16, 10 a.m.
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.
A plea agreement appears to have been made in the case involving Sean David Grimm, 26, of 349 Foundry St., New Martinsville. A return date was set for Nov. 16, 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.
Troy M. Richman, 51, of HC 61, Box 321, New Martinsville, stated in court Monday that he did in fact give a statement willingly to police. Previously, it was thought that there would have to be a voluntariness hearing on the mater. Neiswonger reported he was still in the process of interviewing witnesses; thus, a return date has been set for Dec. 6, noon.
Motions were entered by Robert McCoid in the case involving his client, Brian Keith Highley, 54, of RR 2, Box 175, New Martinsville. McCoid filed a notice of the defense's intent to use 404b evidence. He also requested a bill of particulars from the prosecution, stating that the indictments were factually skeletal.
However, Karl agreed to McCoid's offer to defer the prosecution's response to the motions, because of conversations he has recently had with Haught concerning the case. McCoid expressed wanting to confer with the prosecution further on the matters. A return date was set for Dec. 17 at noon.
Highley received two separate indictments from the September 2012 grand jury. Each indictment contained two charges of sexual assault in the first degree, two charges of incest, and two charges of sexual abuse by a custodian.
Ryan Vown Isaacs, 26, of 65 Orchard Drive, New Martinsville, entered a plea of innocence to both of his indictments.
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.
McCoid also filed a motion to dismiss one of the indictments, citing what he feels to be defects in the indictment under rule 12-b-2. McCoid filed a bill of particulars in the second indictment. Isaacs will appear again in court on Nov. 16, 10 a.m.
A voluntariness hearing is still necessary in the case involving Lonnie David Gray, 65, of HC 60, Box 70, New Martinsville. Attorney Jeremiah Gardner provided discovery to the state in the case and a return date was then set for Nov. 27, 10 a.m., for the hearing which could last approximately an hour. 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 state 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.
Gardner appeared alongside James Michael Hall, 35, of 115010 Crouse St., Pound, Va., where it was determined that Hall had found new, appointed, representation. Hall is to return to court alongside Brian K. Carr of St. Marys on Nov. 16, 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.
Anthony Gibbons, 24, no address given, appeared in court alongside his attorney, Gardner. Prosecutor Haught stated that he was entering a motion to revoke Gibbons' bond, as Gibbons had recently been charged in magistrate court on possession of oxycodone with intent to deliver. However, more discovery is to be filed and it appears as if counsel is working toward a global resolution. Gibbons will return to court Nov. 27, 10 a.m.
On Oct. 16, Gibbons entered a plea of innocence to his charge of 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.
Also on Monday Attorney Kevin Neiswonger appeared in court with both the original checks and the copies of the checks, involving the case of Charles, 51, and Mary Evelyn, 50, Young, both of Route 1, Box 31A, New Martinsville. The checks will be sent to the West Virginia State Police forensics lab for handwriting analysis. Because this process could take a lengthy amount of time, a return date was set for Dec. 6, noon.
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.
More time is necessary in the case involving Daniel Ray Jones. Attorney Frederick Gardner informed the court that he has yet to answer the state's discovery request. Thus, a return date for Dec. 6, noon, has been set.
Jones' indictment alleges that on or about July 19, he conspired with Dunham and Omear to deliver oxycodone.
Frederick Gardner requested that the case involving Darla Loy, 32, of 187 North State Route 2, Apt. A103, New Martinsville, be passed for the term as Loy is entering a 90-day drug rehabilitation program. The prosecution did not object to this, and so a return date was set for Feb. 22, 10 a.m.
On Oct. 15, Loy entered a plea of innocence to her one-count indictment of delivery of oxycodone, which allegedly occurred on or about Aug. 13.
Attorney Brent Clyburn reported that he is still awaiting full discovery from the state in the case against his client, Jason Scott Dalrymple, 30, or 346 Locust Street, New Martinsville. Clyburn said he is specifically waiting on a video.
Haught reported that Clyburn would have this video by the end of the week. Dalrymple's return date was set for Nov. 27, 10 a.m.
On Oct. 19, Dalrymple 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.
Based on a bench conference, it was determined that Jason Lee Derby, 39, of Post Office Box 496, Reader, would return to court Dec. 6, noon.
On Oct. 1, Derby entered a plea of innocence to charges of 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.
In the case of Wilson Scott Longwell, 21, of Rt. 1, Box 204, New Martinsville, Attorney Roger Weese requested a couple pieces of additional evidence, including a 911 call and an in-car video by the captain involved in the investigation. Weese stated that he had been speaking with Clyburn, who is working on a comparison case, and both were wanting to meet with Haught for discussions. A return date for the case was set for Dec. 21, 10 a.m.
Roger Headley, 29, of HC 60, Box 9BB, New Martinsville, appeared in court Monday as well. Clyburn reported that he was still waiting on a video that he believed Prosecutor Haught had previously referenced as a part of evidence. Haught stated that he had mailed it to Clyburn Friday. Headley's return date was set for Nov. 27, 10 a.m.
On Oct. 19, Headley entered a plea of innocence to his one-count indictment, conspiracy to deliver oxycodone.
The court was informed that a plea offer is possibly in the works in the case involving Justin Ray Rose, 31, of HC 61, Box 106A, Littleton. However, Jeremiah Gardner stated he needed additional time to discuss this possible plea with his client. Therefore, a return date was set for Nov. 27, 10 a.m.
On Oct. 16, Rose entered a plea of innocence to his charge of manufacturing a controlled substance, marijuana. This offense allegedly occurred on or about Aug. 2.
Attorney Dean Rohrig stated that he was waiting for the state's video evidence in the case involving his client, David Shawn Christian, 29, of 1887 North State Route 2, Apt. D101. Therefore, a return date was set for Nov. 30, 1:15 p.m.
On Oct. 19, the court entered an innocent plea to Christian's charge of delivery of oxycodone, which allegedly occurred March 26.
Video evidence also needs to presented in the case involving Joshua E. Burch, 28, of 447B Martin Avenue, New Martinsville. Therefore, a return date was set for Nov. 27, 10 a.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.