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Defendants Waive Rights To A Speedy Trial, Cases Continued

May 15, 2013
BY LAUREN RIGGS - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

Several defendants pleaded guilty or waived their right to a speedy trial May 2 in Wetzel County Circuit Court.

Edward K. Hornbeck, 37, of 187 North State Route 2, Apt. D101, New Martinsville, pleaded guilty to counts one, three, and six of his six-count indictment: two charges of conspiracy to deliver oxycodone and one count of delivery of oxycodone. Hornbeck was sentenced to two, one- to five-year sentences in prison for each conspiracy charge. He was sentenced to one to 15 years for the delivery offense. Hornbeck will spend a total of three to 25 years in prison, with credit for 224 days already served.

Furthermore, Hornbeck is not allowed to be on the property of the New Martinsville Villas and he must pay $317.65 to the West Virginia Bureau of Criminal Investigations.

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Per the terms of the plea agreement, a recidivist will also not be filed against Hornbeck, who requested drug counseling as a condition of his sentence.

Daniel Ray Jones, 27, of 130 N. Bridge Street, Lot 12, New Martinsville, pleaded guilty to count two of his indictment: delivery of oxycodone.

The state's recommendation for this offense was Jones be sentenced to one to 15 years in the West Virginia Penitentiary for Men. Judge Mark A. Karl agreed to this recommendation. Furthermore, the execution of the sentence will be suspended and Jones be placanded under probation for two years, under the supervision of Chief Probation Officer John D. Lantz. Jones was given credit for six days already served.

Jones was ordered to pay $62.98 to the WV BCI and also requested drug counseling as a part of his sentence.

Jones was charged by the September 2012 Grand Jury with conspiracy to deliver and delivery of oxycodone.

Although the offense of delivery occurred at Jones' relative's residence, Prosecutor Timothy Haught still stood by the state's order that Jones be banned from the New Martinsville Villas Complex, stating that this offense stemmed from the drug investigation that took place at the New Martinsville Villas Complex. "It all comes out of the Villas investigation, and of the fact, he's been a part of that . . . That's an area where all of this was concentrated." Karl agreed with that stipulation.

In another matter, Leann Mallendick, 24, of 187 North State Route 2, Apt. D101, New Martinsville, pleaded guilty to delivery of oxycodone. For this offense, Mallendick was sentenced to one to 15 years in the West Virginia Penitentiary with credit for four days incarceration. The execution of this sentence was suspended, and Mallendick will instead serve two years of probation under the supervision of Lantz. Mallendick is further banned from the New Martinsville Villas Apartment Complex and is ordered to pay $195.90 to the WV BCI.

Mallendick requested drug counseling as part of her sentence.

Kimberly Dawn Parsons, 21, of 248 Woodland Knls 28, Moundsville, W.Va., pleaded guilty to a lesser included offense, battery.

For this offense, Parsons was sentenced to one year in jail, with credit for two days served. The execution of this sentence was suspended and Parsons will serve one year of probation instead.

Parsons received a one-count indictment from the September grand jury stating that on or about June 15 Parsons committed the felony offense of unlawful assault in that she unlawfully caused bodily injury to a female by striking her with a pipe in New Martinsville.

In another matter, Attorney Jeremiah Gardner stated counsel was still awaiting additional transcripts related to the case of his client, Samuel Arthur Wade, 33, of Route 1, Box 69, Folsom. Gardner further stated that his client was willing to waive his right to a speedy trial for the term. A return date was then set for June 21, 10 a.m.

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.

Attorney Kevin Neiswonger stated that there were additional matters that needed sorted out in the case involving his client, Nicky Nicole Mavety, 23, of PO Box 97, New Martinsville. Mavety was expected to plea in her case; however, Neiswonger stated that the case involving her co-defendant, George James Mavety, was not working out as previously thought. Therefore, Mavety waived her right to a speedy trial for this term of court and a return date was set for May 15, 10 a.m.

Furthermore, it was noted that the person who posted property for Mavety's bond was requesting a bail piece. Mavety was ordered to report to the sheriff's office at 4 p.m. Friday or else post another bond.

The case involving James Michael Hall, 36, of 115010 Crouse St., Pound, Va., has been continued until June 21, 10 a.m. Attorney Neiswonger reported that he and Haught need to "sit down and have plea negotiations on this matter." Hall was willing to waive his right to a speedy trial.

Counts one and two of his indictment allege that on or about Aug. 20, Hall did flee in an automobile on state Route 2 in New Martinsville, from New Martinsville Police Chief Tim Cecil, after Cecil had activated his blue lights in an attempt to stop the vehicle. Hall was allegedly driving a Ford pickup on state Route 2, Parkway Avenue, Fourth Street, Hassner Lane, and Long Street in New Martinsville, while he had an alcohol concentration in his blood of more than 0.15.

Count three of his indictment states that, allegedly, during this time Hall did deface a garage located at 829 Fourth Street, a garage located at 825 Fourth Street, a utility pole at the corner of Hassner Lane and Long Street, and a Ford pickup truck in New Martinsville.

Discussions are also ongoing in the case involving Jimmy R. Work, 43, of 425 James Street, New Martinsville. Counsel reported that former outstanding records had been received; however, Defense Attorney Chad Haught of Jividen Law Offices stated that "they were asking to waive for the term." A return date was then set for June 21, 10 a.m.

Work is charged with felony first degree robbery, misdemeanor domestic battery, misdemeanor violation of a condition of bail, felony conspiracy to deliver Psilocybin Mushrooms, and felony possession of a controlled substance (psilocybin mushrooms) with intent to deliver.

In another matter, Prosecutor Haught stated that a trial date would have to be set in the case involving Ezra Cody Aberegg, 26, of P.O. Box 326, Pine Grove.

At previous hearings, it was noted that Aberegg was going to make restitution. However, since then, there had been issues regarding payment.

"We'll have to set the case for trial," Prosecutor Haught reported. "I gave him the opportunity to make this right with the victim and to avoid a felony conviction. He's had six months to come up with the money and frankly, I'm out of patience . . . Given his inability and lack of desire to fulfill terms that were offered, I'm just ready to go to trial."

Aberegg was willing to waive his right to a speedy trial, and a return date was then set for June 21, 10 a.m.

Also, September indictees Darla Loy and Jason Lee Derby, 39, of Post Office Box 496, Reader, also waived their rights to a speedy trial for this term of court. Each defendant will return to court June 21, 10 a.m.

On Oct. 1, Derby entered a plea of innocence to charges of misdemeanor DUI and felony fleeing from an officer while DUI. On or about Feb. 11, Derby allegedly fled in an automobile on state Route 2 in New Martinsville and on state Route 7 in Wetzel County from Deputy Eric Daugherty, after Daugherty had activated his blue lights in an attempt to stop the vehicle. The second charge alleges that at this time Derby had an alcohol concentration in his blood of more than 0.15.

In her separate matter, On Oct. 15, Loy entered a plea of innocence to her one-count indictment of delivery of oxycodone on Oct. 15. This offense allegedly occurred on or about Aug. 13.

Virginia May Hornbeck was set to plea May 2; however, due to a lack of time, the matter was set aside. Hornbeck waived her right to a speedy trial, and a return date was set for May 15.

Hornbeck received a six-count indictment from the grand jury charging her 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, 2012; March 28, 2012; and May 23, 2012.

In another matter, Justin Ray Rose, 31, of HC 61, Box 106A, Littleton, was released on a rule 35b (reduction in sentence) motion May 2. Prosecutor Haught stated that he was unaware of any write-ups from Rose and that Rose had been cooperative. Rose's attorney, Gardner, agreed, saying that the plea Rose had entered into calls for release after four months.

On Dec. 17, Rose pleaded guilty to manufacturing a controlled substance, marijuana. Rose admitted to growing marijuana on his neighbor's property.

For this offense, Rose was sentenced to one to five years in the West Virginia Penitentiary for Men. However, the plea added that after four months of serving this sentence, a motion may be entered for reduction of sentence.

Timothy John Judge, 31, of Box 132, Friendly, also returned to court in regards to a reduction in sentence. However, Gardner stated that there was a witness to testify on Judge's behalf. Due to time constraints, the matter was passed until May 15, 10 a.m.

On Oct. 16, Judge was sentenced to one to five years in the West Virginia State Penitentiary for Men.

He had pleaded guilty on Aug. 13 to failing to register as a sex offender or provide a change in information to the West Virginia State Police in Wetzel County by knowingly failing or refusing to report his move to a new address.

 
 

 

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