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Judge Karl Extends Probation For Six Months

June 26, 2013
BY LAUREN RIGGS - Staff Writer (lriggs@wetzelchronicle.com) , Wetzel Chronicle

The probation of defendant Tori Dale Hinkle, 23, of Paden City, was extended for six months on Friday, after Hinkle appeared for sentencing as to probation violation matters before the Honorable Judge Mark A. Karl.

Hinkle's probation was extended due to the fact she had not failed one of the many drug tests she was administered during the process of the probation revocation hearings, she had maintained employment, and the state of Ohio had also agreed not incarcerate her on charges she had received there.

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.

In another probation revocation matter, Edward Warf, 21, of Route 1 Box 239 A, Middlebourne, appeared in court for a preliminary hearing. Attorney Jeremiah Gardner stated that his client was not in a position to admit allegations of violation of probation; however, Warf was willing to waive the preliminary hearing. The matter is continued until July 19, 10 a.m.

Warf was placed on two years supervised probation on Feb. 10, 2012, after Judge Mark Karl agreed to reduce his sentence. He was originally sentenced on Dec. 21, 2011, to the West Virginia Penitentiary for Men for a period of one to 10 years with credit for 131 days served.

Pursuant to the plea agreement, the state dismissed the remaining counts against him. Those charges were felony grand larceny, misdemeanor destruction of property, felony entry of a building other than a dwelling, and misdemeanor petit larceny. The offenses were to have happened June 11-12, 2011, against St. Paul's United Methodist Church and Days Gone By, both located in Paden City.

However, in July 2012, Warf had been sentenced to 30 days in prison, and his probation had been extended for a year because of probation violations.

Charles, 51, and Mary Evelyn, 50, Young, both of Route 1, Box 31A, New Martinsville, will return to court July 19, 10 a.m. Attorney Kevin Neiswonger stated that he was in the process of obtaining an expert. Neiswonger further reported that his clients had more documentation that they had just supplied to him. This information will also be submitted to an expert.

Haught stated he had no objection to the defense's plans, but the state would need the additional documents of which Neiswonger was speaking.

Counts one and two in their respective indictments allege they misappropriated the assets of Burton Young, who is over the age of 65, by permitting the recording of a Quitclaim Deed, transferring the real property of Burton Young to their names, without the knowledge or consent of Burton Young. Count two charges them with feloniously forging the attestation of a notary public to the same Quitclaim Deed.

Additionally, Mary Evelyn Young's third count in her indictment states that on or about Dec. 13, 2010, in Wetzel County, she committed the offense of uttering wherein she feloniously employed as true the above named Quitclaim Deed, when she knew the attestation of the notary public thereon was forged.

Nicky Nicole Mavety, 23, of PO Box 97, New Martinsville, will also return to court July 19, 10 a.m. Attorney Kevin Neiswonger stated that his client had experienced a death in the family. Haught stated that Mavety had recently appeared in magistrate court on a new charge and had advised the magistrate of an illnesses in the family. Haught said he had no concerns about Mavety's truthfulness and did not see her as a flight risk. Therefore, the matter was passed.

Mavety received a two-count indictment from the grand jury charging 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.

Negotiations are still ongoing in the case involving Justin Matthew Martie, 454 N. Main Street, New Martinsville. Attorney Gardner explained that the state had made an offer, but the defense was still in the position to negotiate something else. The matter has been continued until July 19, 10 a.m.

From the September 2012 grand jury, Martie received a two-count indictment. Count one 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, 2008, Martie committed the felony offense of third degree arson in that he set fire to and burned a 2002 Suzuki Ozard ATV, which had a value of more than $500.

It was determined that a psychiatric report from Chestnut Ridge revealed that defendant Joshua Ray Watson, 1, of RR1, Box 111, Metz, is competent to stand trial and was criminally responsible at the time that his alleged charges occurred. A voluntariness hearing has now been scheduled for July 19, 10 a.m., in the case.

In May, Watson was indicted on charges of nighttime burglary and grand larceny.

Because of personal issues, the case involving Jason Lee Derby has been passed until July 19, 10 a.m. Derby, 39, of PO Box 496, Reader, is charged with misdemeanor DUI and felony feeling 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. Prosecuting Attorney Timothy Haught stated that another charge was pending against Derby in magistrate court.

Attorney Neiswonger reported that Darla Loy, 32, of 187 North State Route 2, Apt. A103, New Martinsville, had recently been charged with another felony and that he had just recently been appointed as her attorney. Therefore the matter was passed until July 19, 10 a.m.

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

In another matter, Neiswonger reported that he had spoken to James Michael Hall, 36, of 115010 Crouse St., Pound, Va., regarding a possible resolution. However, Attorney Haught asked for additional time to see if restitution had been made to the victims in the case.

Counts one and two of Hall's indictment alleges that on or about Aug. 20, James Michael 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. Damages cumulatively totaled more than $2,500.

Samuel Arthur Wade, 33, of Route 1, Box 69, Folsom, will also return to court on July 19, 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.

 
 
 

 

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