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Defendants Waive Speedy Trial Rights

December 26, 2012
LAUREN RIGGS - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

Several defendants waived their right to a speedy trial Friday as 39 cases were heard by Judge Mark Karl in Wetzel County Circuit Court.

Wilson Scott Longwell, 21, of Rt. 1, Box 204, New Martinsville, appeared alongside attorney Roger Weese where he waived his right to a speedy trial for this term of court. Weese reported to the court that negotiations were ongoing, but there was no resolution yet. Therefore, Longwell chose to waive the term and a return date was set for Jan. 22, 10 a.m.

Longwell has been charged with conspiracy, nighttime burglary, commission of a felony, and malicious assault for events that occurred on or about Dec. 21, 2011.

Tonya McIver, 38, of Rt. 1, Box 356B New Martinsville, also waived her speedy trial rights for the term of court, as attorney J.K. Chase IV reported that he was in the process of attempting to interview a witness. Therefore, a return date for McIver was set for Jan. 22, 10 a.m.

McIver previously 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. Moore recently was sentenced to two one-to-five-year prison sentences for two counts of sexual assault in the third degree, which is also known as statutory rape. Moore will serve his prison sentences concurrently.

Justin Matthew Martie, 24, of 454 N. Main Street, New Martinsville, waived his speedy trial rights, as attorney Jeremiah Gardner reported that his client needed to provide him with photographs. Martie's return date was set for Jan. 22, 10 a.m.

Count one of his two-count indictment states that on or about June 21, 2008, Martie feloniously stole a 2002 Suzuki Ozark ATV which belonged to David L. Smith. Count two of the indictment states that between July 5 and 14, 2008, Martie committed the felony offense of third degree arson in that he set fire to and burned a 2002 Suzuki Ozard ATV, which had a value of more than $500.

The court was informed that a plea will still take place in the case involving David Shawn Christian, 29, of 187 North State Route 2, Apt. D101. However, more time is necessary for conversation to occur with a third party. Therefore, Christian waived his right to a speedy trial for this term of court and a return date was set for Jan. 22, 10 a.m.

On Oct. 19, the court entered an innocent plea to Christian's charge of delivery of oxycodone, which allegedly occurred March 26.

Ezra Cody Aberegg, 26, of P.O. Box 326, Pine Grove, also waived his right to a speedy trial since he will be unable to make restitution in his case until January. Therefore, the matter was passed until Feb. 15, 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.

Attorney Brent Clyburn reported that a resolution will occur in the case involving his client, Shawn C. Stackpole, 27, of Post Office 116, Porters Falls. However, Clyburn said another case needs to be disposed of before the case involving Stackpole can be addressed. Stackpole waived his speedy trial rights and a return date was set for Jan 22, 10 a.m.

Malinda Rice, 38, of Rt. 2, Box 8A, Proctor, waived her right to a speedy trial. Attorney Clyburn stated that he had spoken to Prosecutor Timothy Haught about a resolution. Although Clyburn conveyed the agreement to Rice, more time is necessary for discussions. Therefore, a return date has been set for Jan. 22, 10 a.m.

Rice is facing a two-count indictment charging her with conspiracy to deliver oxycodone and delivery of oxycodone. A return date was set for Oct. 15, 1:30 p.m. Bond has been set at $5,000.

A global resolution is also being sought in the case involving Willard Johnson Loy, 53, of 4th and McEldowney Avenue, New Martinsville. Therefore, Loy waived his right to a speedy trial and a return date was set for Jan. 28, 1:30 p.m.

Loy received a one-count indictment from the grand jury charging him with the felony offense of nighttime burglary. Loy is also charged with conspiracy to deliver heroin and attempted delivery of oxycodone.

Jason Scott Dalrymple, 31, of 346 Locust Street, New Martinsville, waived his right to a speedy trial. Attorney Clyburn stated that follow-up discovery is possible in the case, as well as an investigation. A return date was set for Jan. 28, 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.

Clyburn stated that possible resolutions have also been discussed in the case involving his client, Roger Lee Headley, 29, of HC 60, Box 9BB, New Martinsville. However, further discussions are needed. Therefore, Headley waived for the term and a return date was set for Jan. 28, 1:30 p.m.

On Oct. 19, Headley entered a plea of innocence to his one-count indictment, conspiracy to deliver oxycodone.

Attorney Shane Mallet reported that he is still having trouble viewing the Wal-Mart videos that are a part of discovery in the case involving his client, George James Mavety, 29, of Rose Street, Lot 30, New Martinsville. Therefore, Mallet said he will watch the videos at the prosecutor's office. The case was continued for the term and Mavety will return to court Jan. 28, 1:30 p.m.

By the September 2012 Grand Jury, Mavety was charged with entry of a building other than a dwelling and petit larceny. Mavety's other two-count indictment charges him with conspiracy to deliver oxycodone, along with delivery of oxycodone.

Mindy Murphy Omear, 33, of 730 HIghland Avenue, New Martinsville, was ill and unable to make it for her court appearance on Friday. Therefore, a return date was set for Jan. 3, noon.

Omear received a six-count indictment from the grand jury. Counts one and two of Omear's indictment, conspiracy to deliver oxycodone and delivery of oxycodone, state that on July 11, she allegedly conspired with Ronald L. Dunham, also known as "Buck", to deliver oxycodone.

Counts three and four, conspiracy to deliver oxycodone and delivery of oxycodone, state that on July 12 Omear allegedly conspired with Dunham to deliver oxycodone and delivery of oxycodone.

Counts five and six, conspiracy to deliver oxycodone and delivery of oxycodone, state that Omear allegedly conspired with Dunham and Daniel Ray Jones, also known as "Little D," to deliver oxycodone. Both of these offenses are to have occurred on or about July 19.

Leann Mallendick, 24, of 187 North State Route 2, Apt. D101, New Martinsville, waived her right to a speedy trial and will return to court for the next term on Jan. 28, 1:30 p.m. Attorney Neiswonger reported that counsel was "working things out."

Mallendick received a one-count indictment charging her with conspiracy to deliver oxycodone. This offense allegedly occurred on or about April 10.

Neiswonger reported that the case involving his client, Nicky Nicole Mavety, 23, of 28 Rose St., Lot 30, New Martinsville, was in the same posture as the co-defendant's, George James Mavety. Therefore, she waived her speedy trial rights for the term, and will return to court Jan. 28, 1:30 p.m.

Mavety's indictment charges her with entry of a building other than a dwelling and petit larceny. Count one alleges that on or about July 14 she entered Wal-Mart Store #2684 in New Martinsville with the intent to commit a larceny. Count two alleges that she stole goods with a cumulative value of less than $1,000 from Wal-Mart.

A separate indictment charges Mavety with conspiracy to deliver oxycodone, along with delivery of oxycodone.

Neiswonger, appearing for his partner, David C. White, reported that the two separate cases involving Natasha Lynn Tedrow, 21, of 447B Martin Ave., New Martinsville, and Justin Kyle Smith, 23, of 524 Martin Avenue, New Martinsville, were in the posture that they needed to be waived for the term. Both will return to court on Jan. 28, 1:30 p.m.

Mallet requested more time for the case involving Zachary Jerico, 25, of 291 Locust St., New Martinsville, as he has just received the case and has been unable to go over all the details of the case. A return date was set for Jan. 28, 1:30 p.m.

On Aug. 16, Jerico, 25, of 291 Locust St., New Martinsville, pleaded guilty to conspiracy, in that he conspired with two codefendants to deliver oxycodone, a schedule II controlled substance. Counsel has been arguing sentencing since then.

Neiswonger requested additional time in the case involving Daniel Ray Jones, 27, of 130 N. Bridge Street, Lot 12, New Martinsville, as he has just received the case, which formerly belonged to Attorney Frederick Gardner.

Jones waived his speedy trial rights and will return to court Jan. 28, 1:30 p.m.

Jones' indictment alleges that on or about July 19, he conspired with Dunham and Omear to deliver oxycodone.

Neiswonger reported that an evaluation is being done at the defense's expense in the case involving his client, Jason Lee Derby, 39, of Post Office Box 496, Reader. This is being done by the defense to spare the court the cost. Derby waived his right to a speedy trial and a return date was set for Jan. 28, 1:30 p.m.

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.

James Michael Hall, 35, of 115010 Crouse St., Pound, Va., appeared alongside his retained counsel, Kevin Neiswonger, and entered a plea of innocence to his three-count indictment. Because of the lateness of the term, Hall also waived his right to a speedy trial. He will return to court Jan. 28, 1:30 p.m.

Counts one and two of his indictment allege 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.

Tori Dale Hinkle, 23, of Paden City, waived her right for a preliminary hearing in her probation revocation case. She will return to court Jan. 28, 1:30 p.m.

On Nov. 16, it was determined that Chief Probation Officer John D. Lantz had filed a petition to revoke Hinkle's probation, a little short of one year since Hinkle had been released on supervised probation.

On July 15, 2011, Hinkle was sentenced to one to five years in the West Virginia Penitentiary for Women for conspiracy to deliver a controlled substance (heroin). Judge Mark Karl had said he would hear a Rule 35 motion, reduction in sentence, after Hinkle had served a minimum of four months. On Nov. 18, 2011, Hinkle was released onto two years supervised probation.

Alex Wayne Pyles, 24, of HC 60 Box 99, Valley Manor Apt. 14, Pine Grove, also waived his speedy trial rights, as more discovery is pending. Therefore, Pyles will return to court Jan. 28, 1:30 p.m.

Pyles' 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.

Paul James Ellenwood, 18, of 187 North State Route 2, Apt. D104, New Martinsville, waived his right to a speedy trial. Ellenwood appeared alongside Neiswonger, who was filling in for his partner, David C. White. Ellenwood is set to return Jan. 28, 1:30 p.m.

From the September 2012 grand jury, Ellenwood received a two-count indictment charging him with conspiracy to deliver oxycodone, as well as delivery of oxycodone. These offenses allege that on or about June 18, Ellenwood conspired with another to deliver oxycodone.

It appears as if plea agreements have been reached in the cases involving Gary Lee Mallendick, 26, of 187 North State Route 2, Apt. D202, New Martinsville, and Joshua Burch, 28, of 447B Martyn Avenue, New Martinsville. Both clients are represented in their respective cases by by Attorney Thomas White. In the case involving Mallendick, White stated that there is an agreement, however changes need to be made. In the case involving Burch, White said time is necessary for further negotiations.

Both defendants waived their speedy trial rights and will return Jan. 28, 1:30 p.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.

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.

Clyburn requested that the materials be sent to him in the case involving Gary L. Wade, 26, of HC 62, Box BB, Pine Grove. The case was formerly Frederick Gardner's, but has since been appointed to Clyburn.

Karl stated that an order would be given to Frederick Gardner's office to turn the file over. Wade waived his speedy trial rights and a return date was set for Jan. 28, 1:30 p.m.

Brian Keith Highley, 54, of RR 2, Box 175, New Martinsville, waived his speedy trial rights, as the court was informed that certain matters need to be taken care of. Highley will return to court Jan. 28, 1:30 p.m.

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.

Jonathan Jones, 21, of 111 Helen Street, Paden City, appeared alongside his attorney, Roger Weese, on a motion to reduce his sentence. Weese stated that his client had actually been incarcerated for 13 and one-half months and was without any major write-ups. Haught agreed with Weese; therefore, Karl agreed to release Jones to serve his two years of probation.

On April 30, Jones entered into a plea agreement regarding his two-count indictment for offenses that had occurred around July 8, 2011. At this time, he had admitted to conspiring with friends to steal drugs for money; thus, Jones had been sentenced to one to five years with credit for 152 days served. He was given the option to file a Rule 35b motion after one year served.

 
 
 

 

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