Several defendants' cases were heard by the Honorable Judge Mark A. Karl Friday morning in Wetzel County Circuit Court.
Edward K. Hornbeck, 36, of 187 North State Route 2, Apt. D101, New Martinsville, appeared alongside his attorney, Scott Brown. Prosecutor Timothy Haught informed the court that Hornbeck has recently been charged with felonies in magistrate court. Brown reported that he had received additional information just a few days ago and requested more time to look into matters. Therefore, the case was continued until Feb. 15, 10 a.m.
Hornbeck received a six-count indictment from the September grand jury charging him 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.
Anthony Gibbons, 24, no address given, also appeared in court Friday, alongside his attorney Jeremiah Gardner. The court was informed that Gibbons had been out on bond in West Virginia, was picked up on a felony warrant out of the state of Ohio. Prosecutor Haught stated that he had no issue with Gibbons' bond being reinstated here if he goes to the state of Ohio. Haught stated that if Gibbons made bond in Ohio, he could come back to West Virginia.
A return date for Gibbons was then set for Feb. 15, 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.
Tessa Ann Young, 25, of Rt. 1, Box 140, Proctor, appeared in court alongside Defense Attorney Earl Bowser Jr. on a hearing to revoke her probation.
On Jan. 18, 2012, Young had entered a guilty plea to a two-count information charging her with delivery of a controlled substance (oxycodone).
Per the terms of her plea agreement, Young was sentenced to the West Virginia Penitentiary for Women for one to 15 years for each count. These sentences were to run concurrently. However, the execution of this sentence was suspended so that Young could, instead, serve three years of supervised probation. Young was to undergo in/out-patient drug treatment care and participate in parenting counseling. She was also to pay court costs and forfeit money and property seized by the New Martinsville Police Department during their investigation.
During the Jan. 2012 hearing, Young stated that on two occasions she delivered the controlled substance to a confidential informant in New Martinsville. Special Prosecuting Attorney Carl "Worthy" Paul shared with the court that in addition to delivering a controlled substance, she left her baby with the confidential informant while obtaining the drugs.
In Friday's session of circuit court, the court was informed that Young had allegedly broken several rules of probation. On May 29, 2012, Young was given a random drug test. On June 1, the results of this test showed that a positive result for oxycodone.
On two occasions Young also failed to report her activities to Chief Probation Officer John Lantz. On June 19, Young failed to report to a scheduled appointment. In addition to this, Young failed to report to the probation officer that she was being investigated by the state police for stolen checks.
Because of these probation violations, the underlying sentences for each of Young's two counts were now imposed. Young is to serve one to 15 years for each count. These two sentences are to run concurrently.
Per the terms of the disposition, Young's case, 12-F-95, is to be dismissed.
Young received an indictment containing 13 counts of forgery from the September 2012 grand jury. Young allegedly forged the signature of Amy Goddard on 13 checks from the Peoples Bank account of Amy Goddard and James D. Furbee. The counts, in order, are for the following dates and checks: March 31, to Cash, $100; April 1, to Tessa Young, $150; April 5, to Tessa Young, $150; April 11, to Jason Andrew Young, $100; April 12, to Jason Andrew Young, $95; April 12, to Jason Andrew Young, $95; April 16, to Jason Andrew Young, $100; April 18, to Witschey's, $60; April 18, to Jason Andrew Young, $100; April 19, to Witschey's, $50; April 19, to Jason Young, $120; April 20, to Witschey's, $95; and April 24, to Mayo's, $55.
Larry Virgil Watson, 20, of HC 61, Box 95B, Littleton, appeared in court alongside Defense Attorney Kevin Neiswonger, who was filling in for Watson's attorney, David C. White. Neiswonger reported that the case needs set for trial; however, Neiswonger requested that a return date be set first so that White can appear in court with his client before the trial. Judge Karl reported that the trial could be set for a date in March or April; however, before then, Watson and White will return to court Feb. 15, 10 a.m. Watson's bond will continue.
On Jan. 17, 2011, Watson was handed a one-count indictment for the felony offense of manufacturing a controlled substance (marijuana) wherein on or about Sept. 27, 2010, in Wetzel County, he allegedly manufactured, by cultivation, marijuana, a Schedule I controlled substance.
Charles, 51, and Mary Evelyn, 50, Young, both of Route 1, Box 31A, New Martinsville, both appeared alongside their attorney, Neiswonger. The court was informed that results are still not back yet from the West Virginia State Police forensics lab regarding handwriting analysis. Approximately 90 documents are being analyzed for handwriting purposes and it could still be a couple of months before results are available.
The matter was passed until March 15, 10 a.m.
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.
Charles Robert Wells, 46, of P.O. Box 53, Proctor, appeared in court alongside counsel Neiswonger, who was appearing for Wells' attorney, White. Neiswonger reported that this case needed scheduled for trial; however, Neiswonger requested a return date so White could appear in court with Wells before this trial. Karl set the date for Feb. 15, 10 a.m. Wells' bond was allowed to continue.
Gardner appeared alongside Wells in regards to his other case, 12-F-91. It was determined that this case also needed set for trial; however, Prosecutor Haught reported that the other case needed to be tried first. Nevertheless, Wells will return to court Feb. 15, 10 a.m.
From the January 2012 Grand Jury, Wells received a one-count felony indictment for 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.
Additionally, from the September grand jury, Wells was charged with third or subsequent offense domestic battery, as well as battery. It 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.
Ronald A. Morgan, 36, of HC 60, Box 92, Pine Grove, appeared in court alongside his defense attorney, Roger Weese. Weese informed the court that investigations were ongoing with the state in Morgan's case. Weese tendered supplemental discovery to give to the state and requested a return date of Feb. 15, 10 a.m., for the matter. Morgan's bond continued.
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.
The case concerning Samuel Arthur Wade, 33, of Route 1, Box 69, Folsom, will be continued until Feb. 15,10 a.m., as counsel is still awaiting a transcript from a previous case. It was reported that Defense Attorney Gardner had filed the request for the transcript and a copy was given to Judge David W. Hummel.
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.
Because of the last trial being declared a mistrial, Alexander Scott Whaley, 24, of HC 62, Box PP, Pine Grove, will return to court on Feb. 4, 10 a.m. Then, a new trial date will be set. Whaley's attorney, Michael Alberty, arrived late at court - after Whaley had left the building. Therefore, a trial date could not be set that day.
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.
Joseph Kipling Norris, 28, of HC 61, Box 314, New Martinsville, appeared in court with his counsel, Weese. Haught declared that the state and Norris had entered into an agreement and, pursuant to the terms of the agreement, the case would be dismissed.
Norris' indictment had stated 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.
Kevin Neiswonger informed the court that an agreement had been reached in the case involving his client, Jonathan Owens, 28, of HC 68, Box 530, Gunlock, Ky. Neiswonger reported that Owens is going to plead to a misdemeanor but wishes to report to Neiswonger's office prior to his plea to ask questions. Karl set the plea date for Feb. 6, 10 a.m.
Owens received a two-count indictment from the September Grand Jury, charging him 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.