The following matters were set for pleas or continued July 19, by Judge Mark A. Karl, in Wetzel County Circuit Court:
A motion for a continuance was approved in the case of Ronald A. Morgan, 37, of HC 60, Box 92, Pine Grove. Morgan will return to court Aug. 2, 1:15 p.m., alongside Attorney Shane Mallet.
Morgan was handed a one-count indictment by the May 2012 grand jury charging him with the felony offense of grand larceny.
In another matter, Samuel Arthur Wade's case has been continued until the next term of court. A private bench conference was held between counsel and Judge Karl. Afterward, Karl stated that because of a medical condition, and therefore, inability to work, Wade, 33, of Route 1, Box 69, Folsom, would return to court on Sept. 11, 10 a.m. Wade waived his right to a speedy trial for this current term of court.
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.
Justin Matthew Martie, 25, of 454 N. Main Street, New Martinsville, also waived his right to a speedy trial. Attorney Jeremiah Gardner reported that his client did not desire to accept the state's offer. Therefore, a trial is necessary. Due to time constraints, Martie's case will go to trial during the next term of court.
Martie received a two-count indictment from the grand jury charging him with grand larceny and third degree arson. 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 Ozark ATV, which had a value of more than $500.
Darla Loy will return to court Aug. 16, 10 a.m. for entry of a plea. Loy, 32, of 187 North State Route 2, Apt. A103, New Martinsville, entered a plea of innocence on Oct. 15, 2012, to her one-count indictment of delivery of oxycodone, which allegedly occurred on or about Aug. 13, 2012. Loy has since been charged with another felony; the upcoming plea would take care of this matter as well.
Jason Lee Derby, 40, of Post Office Box 496, Reader, will also enter into a plea agreement on Aug. 16, 10 a.m. Derby, 40, 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.
James Michael Hall, 36, of 115010 Crouse St., Pound, Va., is set to plea; however, Prosecuting Attorney Timothy Haught stated that he still wanted to make sure restitution is made before Hall pleads. Therefore a return date was set for Aug. 16, 10 a.m.
Counts one and two of Hall's indictment alleges that on or about Aug. 20, Hall fled 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.
Attorney Neiswonger reported that he is still in the process of retaining an expert in regards to the Charles Michael, 51, and Mary Evelyn Young, 51, both of Route 1, Box 31A, New Martinsville. Neiswonger said he also needed to talk to discuss some of the discovery exhibits with Haught. A return date has been set for Aug. 16, 10 a.m.
Counts one and two in their respective indictments allege they intentionally and feloniously misappropriated the assets of Burton Young, who is over the age of 65, by permitting the recording of a Quitclaim Deed, now of record in the Office of the Clerk of the County Commission of Wetzel County, in Deed Book 424, at page 103, 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, knowing such attestation would be received as legal proof.
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.
Neiswonger reported that an agreement is imminent in the case involving Nicky NIcole Mavety, 23, of PO Box 97, New Martinsville. Neiswonger stated that his client wanted to talk to him about the possible, final offer made by the state.
Mavety received a two-count indictment from the September 2012 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.
In another matter, the case involving Anthony Gibbons, 24, no address given, has been continued until Aug. 16, 10 a.m. Attorney Gardner reported that his client had told him there had been a resolution in his Monroe County case and that he would have to serve 60 days in jail for those charges.
On Oct. 16, Gibbons entered a plea of innocence to his charge of first degree robbery. The indictment alleges that on or about Aug. 31 Gibbons allegedly feloniously attempted to commit robbery of a man by chasing, catching, and threatening the alleged victim with death while presenting a firearm in his face, for the purpose of robbing him.
Joshua Ray Watson, 21, of RR1, Box 111, Metz, will return to court Aug. 16, 10 a.m. for a voluntariness hearing. In May, he was indicted on charges of nighttime burglary and grand larceny.