Several cases were heard by the honorable Judge Mark A. Karl at the Feb. 15 session of Wetzel County Circuit court.
Discussions are ongoing in the case involving Edward K. Hornbeck, 36, of 187 North State Route 2, Apt. D101, New Martinsville. Defense Attorney Scott Brown reported that he and Prosecuting Attorney Timothy Haught have had discussions concerning Hornbeck's other charges, and a development in that case could have bearing on a possible plea offer. Brown reported that Haught has relayed an offer to him based on that development and he needs additional time to discuss this with his client.
Hornbeck entered a plea of innocence to three counts of conspiracy to deliver and three counts of delivery of oxycodone on Oct. 19. These offenses are to have allegedly occurred on or about March 21, March 28, and May 23. Preliminary discovery was tendered by the prosecution and a return date has been set for Nov. 5, 1:30 p.m.
In another matter, Attorney Keith Hart made the request that home confinement costs be deferred until after the case involving his client, Alex Wayne Pyles, 24, of HC 60 Box 99, Valley Manor Apt. 14, Pine Grove, is completed. Pyles is on home confinement in lieu of bond. Judge Karl agreed to this but warned Pyles that the matter involving payment for home confinement would not disappear.
Additionally, it was determined that Judge Karl would look over psychiatric records involving the alleged victim in the case and determine whether or not the records should be produced to counsel. Pyles' return date was then set for March 28, 1:15 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.
A voluntariness hearing is not necessary in the case involving Kimberly Dawn Parsons, 21, of 248 Woodland Knls 28, Moundsville, W.Va. The court was additionally informed that a plea had been discussed with the alleged victim in the case and that verification of restitution amounts, which are pertinent to the plea, need to be dropped off by the victim to the prosecution.
As for the defense, Attorney Jeremiah Gardner reported that his client was, in fact, willing to stipulate to the statement she had made. Gardner further stated that there was another telephone recording that the defense needed to give to the state.
Parsons received a one-count indictment from the September grand jury stating that on or about June 15, 2012, she committed the felony offense of unlawful assault in that she unlawfully caused bodily injury to Frances Martha Headley by striking her with a pipe in New Martinsville.
A possible resolution is in sight in the case involving Ezra Cody Aberegg, 26, of P.O. Box 326, Pine Grove.
Neiswonger, Aberegg's defense, was not present at the Feb. 15 return date. All of his clients' cases have been moved to March 4, 1:30 p.m. However, Prosecutor Haught reported that a possible resolution is in sight. Haught urged the court that Aberegg needs to stay in contact with Neiswonger, as he has been trying to reach his client. Judge Karl sternly warned Aberegg.
Aberegg is facing 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.
Prosecutor Haught reported that the matter involving Wilson Scott Longwell, 21, of Rt. 1, Box 204, New Martinsville, would be resolved. Haught explained that a related hearing was scheduled for Feb. 22 and, after that hearing, the state would know the resolution of Wilson's case. The matter was then passed until March 4, 1:30 p.m. Haught reported that if the case is resolved prior to March 4, he would contact Karl.
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.
Attorney Roger Weese reported that a plea offer had been received from the state regarding the case involving his client, Ronald A. Morgan III. Additional time was requested in the matter and a return date was set for March 4, 1:30 p.m.
Morgan was handed a one-count indictment by the May 2012 grand jury charging him with the felony offense of grand larceny.
Charles Robert Wells, 46, of P.O. Box 53, Proctor, waived his right to a speedy trial regarding case 12-F-91, which charges him with third or subsequent offense domestic battery, as well as battery. Prosecutor Haught noted that Wells' case 12-F-20, which charges him with third offense domestic battery, needs to be brought to trial before his case involving third or subsequent domestic battery can be settled.
Wells' return date for case 12-F-91 has been set for May 15, 10 a.m.
Attorney Gardner reported he had received a copy of the transcript from a companion case regarding his client, Samuel Arthur Wade, 33, of Route 1, Box 69, Folsom. However, he had just received the copy that morning. Gardner stated he had "spoken to Paul, but hasn't gone into detail." Therefore, a return date was set for March 22, 10 a.m.
The sentencing for Brandon Robert Harvey will be held March 22, 1:15 p.m., due to the current hospitalization of Harvey's grandparents. Defense Attorney George Consenza stated that his client's grandparents had wanted to offer testimony on Harvey's behalf.
Harvey has pleaded guilty to two information counts: felony malicious assault and misdemeanor stalking.