BY ED PARSONS
For the Wetzel Chronicle
On Jan. 10 in Wetzel County Circuit Court Judge David W. Hummel ordered a New Martinsville man to fulfill his original sentence after it was determined he violated his extended release.
Matthew James Myers
Matthew James Myers of 819 Fifth St. Apt. 2, was ordered to serve his original sentence of two one- to five-year terms in the state penitentiary. The sentences will run concurrently and he will receive credit for time served. He was remanded to the custody of the West Virginia Department of Corrections.
Myers pleaded guilty on Nov. 16, 2010, to two separate third degree sexual assault charges. At that time he was immediately sentenced to two, concurrent, one- to five-year sentences. However, the penalty was suspended and he was released on 10 years supervised probation.
Prior to Hummel's decision Friday to impose the original sentence, Prosecutor Timothy Haught argued that, by the clear preponderance of the evidence, the defendant had violated the terms of his supervised extended release.
He said the burden of proof had been established through testimony during a hearing on Dec. 16. At that time the court heard from Donald King, supervising officer for the in-supervision office in Charleston, W.Va., and two State Police officers from Charleston. "Testimony is clear the defendant has failed to register as a sex offender," said Haught.
The prosecutor added that he believes there are new criminal offenses which the defendant may be charged with in Kanawha County.
Judge Hummel gave Myers the opportunity to take the stand in his own defense, but his attorney, Jeremiah Gardner, advised his client to remain silent. Gardner, speaking for his client, admitted that Myers had indeed violated his extended release by failing to return to Charleston and update his registry after being allowed to come to Wetzel County to take care of some business.
Roger Lee Headley, 29, of HC 60, Box 9BB, New Martinsville, was present in court Friday via video conference on a motion of modification of sentence. He was represented in court by his attorney, Brent Clyburn, to argue the Rule 35 motion.
Headley was indicted in September 2012 on one count of delivery of oxycodone. In February 2013 he entered a guilty plea to the charge and was sentenced to one to 15 years in the West Virginia Penitentiary for Men. That sentence was then suspended and he was placed on home incarceration with work release. After one year he was to be released and placed on probation. However, just before that was to occur, in August 2013, he appeared in court on a petition to revoke his probation. His probation was officially revoked on Sept. 6, 2013, for stealing metal pipe from his employer.
Prosecutor Tim Haught said the state's position is the defendant should serve the remainder of his sentence. He said Headley has only been incarcerated since Sept. 6, after violating the terms of his probation and there may be another offense against him in Tyler County.
Judge Hummel questioned Headley as to why he thought he should be released. Headley said he has been a model inmate with no write ups. Hummel told him that although he may have been a model inmate, he had not been a model citizen. Headley then said he didn't know what that meant and Judge Hummel proceeded to explain it to him. He then told him to serve six more months and he could then come back for Hummel to consider a Rule 35 motion.