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Judge Denies Reduction In Sentence

April 3, 2013
BY LAUREN RIGGS - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

On March 28 the Honorable Judge Mark A. Karl struck down a motion for a reduction in sentence for Larry Joe George, 30, of P.O. Box 67, Reader.

Attorney Brent Clyburn argued that his client has served seven months in the penitentiary and has just had a son born. Furthermore, Clyburn stated that while institutionalized, George has had no write-ups, has attended Naranon and Alcoholics Anonymous meetings, as well as church groups. Clyburn stated that his client also has taken a typing class.

"I want to apologize to the families I hurt," George himself added. "I want to try and have the opportunity to be a respectful citizen and provider for my family."

Article Photos

Larry Joe George

"He's had the benefit of the (plea) deal," Special Prosecuting Attorney Carl "Worthy" Paul argued. "He should stay there."

Judge Karl was inclined to agree, stating that per the terms of the agreement, the state had agreed not to file a recidivist, seeing as George has a prior felony. He added that he would revisit the case after a year.

On Aug. 29, 2012, in Wetzel County Circuit Court, George was sentenced to one to 10 years in the West Virginia Penitentiary for Men. He had pleaded guilty on July 20 to the lesser included offense of entry of a dwelling. As part of this plea agreement, all other charges from his January 2012 and May 2012 indictments were dropped. Notably, in January, he was handed a three-count indictment for burglary-related offenses. Those charges were for burglary, entry of a building other than a dwelling, and petit larceny. In May, he was charged with entry of a building other than a dwelling and larceny.

At the time, George had requested probation, as he had part-time employment and dependents. This request was refused by Judge Karl who then went through a litany of George's past charges that included cocaine, burglary, and driving under the influence.

"Probation candidates are those with no prior records, no prior offenses. I am not inclined to grant probation," Karl had stated.

The case of Alex Wayne Pyles, 24, of HC 60 Box 99, Valley Manor Apt. 14, Pine Grove, could possibly be disposed of soon. According to Defense Attorney Keith Hart, the state could dispose of the case by a motion and then wrap up matters in magistrate court. Hart requested that the court pass the matter for approximately 30 days. "If we can't fix it, we'll come back," he agreed.

Therefore, a return date was set for May 10, 10 a.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.

Willard Johnson Loy, 53, of 4th and McEldowney Avenue, New Martinsville, was scheduled to return to court for the implementation of his sentence, due to an impending surgery. However, his attorney, Shane Mallet requested additional time, stating that Loy had not had his surgery yet and that upon his return visit to the doctor on May 23, a surgery date would be given.

"He's had two months to get it done, and hasn't," argued Paul.

"I don't want the state to bear the cost of having this surgery done," Karl remarked.

"How soon can he pay for it?" Paul asked.

No answer was given to the court; thus, Karl set a return date for May 31, 10 a.m., prior to giving a warning to Loy. "Mr. Loy, you understand this isn't going to go away. The next time we come back, I'm going to put you in jail," promised Karl.

Loy pleaded guilty on Feb. 6 to the felony offense of nighttime burglary. For this offense, he was sentenced to one to 15 years in the West Virginia Penitentiary for Men. Loy will be given credit for 141 days already served. Loy was also to pay restitution to the victim in the case.

This also disposed of case 12-F-129, which charged Loy for conspiracy to deliver heroin and attempted delivery of oxycodone.

In another matter, Mallet requested additional time to review a possible plea with his client, Mindy Murphy Omear, 33, of 730 Highland Avenue, New Martinsville. Mallet explained that his client wanted to review a videotape prior to the plea. A return date was set for April 17, 10 a.m.

Counts one and two of Omear's indictment are for conspiracy to deliver oxycodone and delivery of oxycodone. Counts three and four are conspiracy to deliver oxycodone and delivery of oxycodone, Counts five and six are conspiracy to deliver oxycodone and delivery of oxycodone.

 
 

 

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