Daniel Ray Fordyce, 34, of HC 61, Box 3, Littleton, was sentenced by Judge Mark A. Karl to one to three years in the West Virginia Penitentiary for attempted transfer or delivery of stolen property.
Stanton argued on behalf of his client to Judge Karl, stating that although his client was working for a drilling company, he had just been rehired by a previous employer. "If he remains free, he's supposed to travel to Zanesville (Ohio) and then goes to Buckhannon (W.Va.) . . . He's quite busy. Another thing . . . he does not drink alcohol or do drugs. I think he could be an excellent candidate for probation." Stanton went on to say that the codefendants in the case had all received probation.
"The reason Mr. Haught is reluctant to this is that Danny, years ago, had been incarcerated . . . For the past 10 years he's been a good, law-abiding citizen. (This) offense occurred in 2011. He's been out then and is doing very well. He has a family to support, and the other individuals (co-defendants) have neither employment nor family to support, yet they remain on probation."
"The last thing I'd like to say . . . is to add that my relationship with Mr. Fordyce is an excellent one. He's always kept in touch, always appeared in court . . . He's just an exemplary citizen despite this incident."
Fordyce himself spoke on the matter: "I apologize to the court. I apologize to my family for having to put them through this."
"What bugs me is that you have a prior felony," Karl stated. " . . . but apparently you haven't learned your lesson."
Karl followed through with the state's recommendation, sentencing Fordyce to one to three years. He postponed the execution of the sentence until May 10, noon.
In another matter, Tori Dale Hinkle, 23, of Paden City appeared before Judge Mark A. Karl in Wetzel County Circuit Court on May 2 regarding matters related to her probation violation. However, because of matters pending in Monroe County, Judge Karl set a return date for May 15, 10 a.m.
At the previous April 19 court hearing, White argued on behalf of his client, who had admitted to violating her probation at a previous hearing, held on March 22. Judge Karl had then recapped Hinkle's violations, stating that she had been arrested in Woodsfield and had been in the company of a convicted felon. Special Prosecuting Attorney Carl "Worthy" Paul argued that Hinkle should serve prison time. "She violated probation. She has done the opposite of proving she is a good citizen."
White argued that his client was arrested for "simple assault" in Ohio.
White argued further that his client works right now, maintains a home, and cares for two small children. He added that Hinkle's initial problem was drugs. Since then she has not failed a drug test. She's passed drug tests and has asked to be drug tested every time (she's in court)."
On Nov. 16, 2012, 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.