The case involving John Michael Howell, 44, of HC 61 Box 114, New Martinsville, will be tried in Marshall County, according to Judge Mark A. Karl. This decision was made Feb. 6 in Wetzel County Circuit Court and was agreed upon by Defense Attorneys Brent Clyburn and Keith Hart, as well as Wetzel County Prosecuting Attorney Timothy Haught and Special Prosecuting Attorney Carl "Worthy" Paul.
The change in venue was attributed to the apparent lack of qualified jurors in Wetzel County. Attorney Hart stated that a discovery conference would be conducted amongst counsel to determine what motions are still outstanding. Hart stated this conference would be conducted prior to the return date in Marshall County, set for Feb. 20, 10 a.m.
It was also determined that blood tests involved in the case are protected by a protective order.
On Jan. 18, 2011, Howell pleaded innocent to his four-count indictment charging him with felony offenses of a sexual and violent nature said to have occurred on or about Dec. 14, 2010, in Wetzel County.
Howell faces one count each of the felony offenses of kidnapping, second degree attempted sexual assault, first degree sexual assault, and malicious assault (respective to counts one through four) for acts allegedly committed against his wife.
The two had been separated since August 2010 and have a child in common.
In another matter, Joshua E. Burch, 28, of 447B Martyn Avenue, New Martinsville, appeared in court alongside counsel Thomas White in regards to his case. The court was informed that more time is necessary to reach a resolution. Therefore, Judge Karl set a return date for Feb. 22, 10 a.m.
Burch's indictment alleges that on or about July 11, Burch conspired with three people to deliver a Schedule III controlled narcotic substance, marijuana.
In another matter, a possible resolution is being discussed amongst counsel in the case involving Justin Matthew Martie, 25, of 454 N. Main Street, New Martinsville.
Also, Attorney Jeremiah Gardner stated he needed to provide a possible alibi and alibi witness to Haught. A return date was then set for Feb. 22, 10 a.m.
Count one of Martie's 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 of 2008, Martie committed the felony offense of third degree arson in that he allegedly set fire to and burned a 2002 Suzuki Ozark ATV, which had a value of more than $500.
As to the case involving Joshua Ray Watson, 21, of RR1, Box 111, Metz, it was determined that a mental status examination was needed. Therefore, the court ordered that an evaluation be performed by Fremouw-Sigley Associates of Morgantown. The case was then continued generally.
In May, Watson was indicted on charges of nighttime burglary and grand larceny.
In another matter, after the last trial was declared a mistrial, a trial date of April 29, 9 a.m., has been set in the case involving Alexander Scott Whaley, 24, of HC 62, Box PP, Pine Grove.
Whaley received a one-count indictment from 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.
The case involving Jason Scott Dalrymple, 31, of 346 Locust Street, New Martinsville, was passed until April 19, 10 a.m, as counsel believes the case could possibly resolve itself.
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.
Attorney Clyburn requested additional time to review discovery with his client, Gary L. Wade, 26, of HC 62, Box BB, Pine Grove. Therefore, the matter was passed until Feb. 22, 10 a.m.
A plea date for Roger Lee Headley, 29, of HC 60, Box 9BB, New Martinsville, has been set for Feb. 22, 10 a.m. On Oct. 19, Headley entered a plea of innocence to his one-count indictment, conspiracy to deliver oxycodone.
Unless he accepts the state's plea agreement, the case involving George James Mavety, 29, of 28 Rose Street, Lot 30, New Martinsville, will go to trial. The trial date has been set for April 24, 9 a.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.
Mavety's co-defendant, Nicky Nicole Mavety, will return to court Feb. 15, 10 a.m., where, based on her co-defendant's decision, it will be determined if her case will go to trial.
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.
Attorney Neiswonger stated that a plea agreement had been reached in the case involving his client, Leann Mallendick; however, the agreement still needed to be reduced to writing. Therefore, a return date was set for Feb. 15, 10 a.m.
Mallendick, 24, of 187 North State Route 2, Apt. D101, New Martinsville, received a one-count indictment charging her with conspiracy to deliver oxycodone. This offense allegedly occurred on or about April 10.
In another matter, Attorney David C. White requested more time to discuss matters with the prosecution in the case involving his client, Natasha Lynn Tedrow. Therefore, a return date was set for Feb. 22, 10 a.m.
Tedrow, 22, of 447B Martin Ave., New Martinsville, received a one-count indictment from the September 2012 grand jury that states that on or about July 11, she conspired with Joshua E. Burch, Jason Scott Dalrymple, and unknown white male to deliver Subutex.
White requested the same return date for his client, Justin Kyle Smith, 23, of 524 Martin Ave., New Martinsville. White stated that there were still at least two matters he needed to discuss with the prosecution.
Smith's one-count indictment states that on or about Aug. 20, Smith delivered oxycodone.
Neiswonger requested additional time to watch a video at the prosecution's office that is relevant to the case involving his client, Daniel Ray Jones.
Therefore, a return date was set for March 15. Jones, 27, of 130 N. Bridge Street, Lot 12, New Martinsville, is currently charged with conspiracy to deliver oxycodone.
In another matter, White requested additional time in the case involving Paul James Ellenwood. Ellenwood, 18, of 187 North State Route 2, Apt. D104, New Martinsville, received a two-count indictment from the September 2012 grand jury, charging him with conspiracy to deliver oxycodone, as well as delivery of oxycodone.
A return date for Ellenwood was set for Feb. 22, 10 a.m.
A capias was issued for the arrest of Sean David Grimm, 26, of 349 Foundry St., New Martinsville, who failed to appear in court for an entry of a plea. This is the second time Grimm has failed to make a court appearance. Attorney Shane Mallet stated that he believed his client was homeless, which he believed this was the reason he had been unable to get in touch with his client.
Grimm is facing 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.
Lastly, a trial date has been set for April 3, 9 a.m. to try the case involving Mindy Murphy Omear, 33, of 730 Highland Avenue, New Martinsville. Prosecutor Haught stated he had made a plea offer to the defense, and Murphy failed to accept it.
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.
In another matter, Daniel Ray Fordyce, 33, of HC 61, Box 3, Littleton, appeared in court on Feb. 7 alongside his attorney, George Stanton, who notified the court that he needed additional time to review a possible plea agreement with his client. Stanton stated he had tried to meet up several times with Fordyce, but because of inclement weather, they had been unable to meet. Therefore, a return date was set for Feb. 22, 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.
An adjudicatory hearing has been rescheduled for Tori Dale Hinkle, 23, of Paden City. Prosecutor Haught stated that he had witnesses from the Woodsfield police department ready to testify that day. However, due to a shift problem, they had to leave court.
Therefore, the matter was rescheduled for Feb. 22, 10 a.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.