Sean David Grimm, 27, of 349 Foundry Street, New Martinsville, pleaded guilty Thursday to battery, the lesser included offense of his original charge, malicious assault.
Wetzel County Prosecuting Attorney Timothy Haught stated that originally a plea agreement was worked out when Attorney Frederick Gardner was representing Grimm. "Mr. (Shane) Mallet was appointed and Grimm didn't appear in court," Haught noted. "Mr. Mallet has given me an explanation, and I'm inclined to go ahead with the plea agreement for battery in this case, with Mr. Grimm receiving time served since he's been picked up on a capias."
For Grimm's offense he was sentenced to confinement in the Northern Regional Jail for 37 days, the amount he served through June 19 since being picked up on a capias warrant. Grimm was further ordered not to have any other contact with the victim in the case.
Grimm stated that he had gotten into a fight with the victim and had both struck the victim, as well as choked him. Haught stated that both the victim and Grimm were charged with malicious assault, as Grimm was stabbed with a kitchen knife by the victim. Haught stated both individuals had now pleaded to the lesser included offense of battery.
Grimm was originally charged by the May 2012 grand jury with malicious assault.
In another matter, Troy Richman, 52, of HC 61 Box 321, New Martinsville, appeared in court in regard to a possible plea agreement in his case. Attorney Kevin Neiswonger stated that Haught had given him the written plea agreement but he had not had time to review it yet with his client. Therefore, Richman will return to court June 25, 1 p.m.
Richman is charged with a one-count felony offense of malicious assault by allegedly cutting another with a knife. The offense is to have occurred on June 4, 2012.
In another matter, Brandon Robert Harvey, 28, of 6326 Lee Creek Road, Belleville, W.Va., was released from home confinement and placed on parole.
Harvey's attorney, George Consenza, stated that Harvey had "absolutely been perfect," with "not one violation, not one issue, not one problem." Consenza added that Harvey had "rehabilitated himself tremendously." Consenza stated that his client was working for a concrete business full-time and was assisting his elderly grandfather.
"There's some concern about his outstanding fees on home confinement," Consenza noted. He added that at the conclusion of the hearing, court costs would be paid in full and Harvey would make a $1,000 payment on his home confinement. "If the court grants the motion (for release), we will include a requirement that (Harvey) make a $200 payment per month toward home confinement fees.
Haught stated that the prosecution did not have any objection to Harvey's release onto parole. "(Harvey) had served a substantial time in prison and then was released on home confinement . . . We don't have a problem with him placed on parole until he discharges his sentence."
On Dec. 10, 2012, Harvey pleaded guilty to two information counts, count one being the felony offense of malicious assault and count two being the misdemeanor offense of stalking.
These two counts, by way of information, were filed in connection with Harvey's charges handed down by grand jurors during their September 2011 grand jury session. Count one details that between Aug. 19 and 20, 2011, in Wetzel County, Harvey allegedly committed the felony offense of kidnapping by taking a young woman from New Martinsville against her will. In Wood County the victim got away from Harvey and called 911. He was subsequently arrested and charged.
Counts two and three of the indictment state that between the same dates as above, Harvey allegedly committed the misdemeanor offense of domestic battery with the same female, his ex-girlfriend, by shoving her to the ground and striking her with his hands in New Martinsville.
On June. 21, 2013, Harvey was sentenced in Wetzel County Circuit Court by Judge Mark A. Karl to two to 10 years in the West Virginia Penitentiary for Men for malicious assault. Harvey was additionally sentenced to six months for stalking. Those two sentences were to run concurrently. A restraining order had also been placed against Harvey for a period of 10 years.