Jacob Patrick Fluharty, 29, of 269 East Thistle court, New Martinsville, pleaded guilty to the lesser misdemeanor offense of battery of his charge of felony malicious assault.
For this crime, Fluharty was sentenced to 12 months in prison. However, the execution of this sentence was suspended and, instead, Fluharty will serve one year of unsupervised probation.
Fluharty admitted to the crime, which occurred between himself and the alleged victim, Sean David Grimm, during an altercation. Fluharty stated, "in defending myself, I injured Sean."
Prosecutor Timothy Haught stated that in this case both Fluharty and Grimm both allege to be victims of each other. He stated that Fluharty picked up a kitchen knife and cut Grimm because Grimm was choking Fluharty. Injuries sustained during the altercation were minor. Both defendants were charged with malicious assault because of the April 22 altercation.
Per the terms of the plea agreement, Fluharty's separate indictment, which includes charges of nighttime burglary and grand larceny, have been dismissed.
Cody Joseph Craft, 22, of HC 61, Box 58, Wileyville, pleaded guilty Friday in Wetzel County Circuit Court to the misdemeanor offense of receiving stolen goods. Craft admitted to the crime, stating that on April 11, 2011, he pawned a saw, when he suspected it was stolen. Craft had been indicted by the September 2012 Grand Jury with the felony offense of receiving stolen goods.
For pleading down to the misdemeanor crime, Craft was given a six month prison sentence. However, the execution of this sentence was suspended and, instead, Craft will serve six months of unsupervised probation.
The September 2012 grand jury indictment had stated that 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.