Cisar Pleads To Lesser Charges
Derek Paul Cisar, 28, of 36 East Thistle Dr., New Martinsville, pleaded guilty in Wetzel County Circuit Court on March 23 to felony unlawful assault and misdemeanor battery.
The counts to which he pleaded guilty were lesser offenses included in his original indictment on Jan. 13 on two counts of felony malicious assault.
The alleged assaults took place on Oct. 22, 2008, outside of JT’s Lounge-the first to James Stacy Anderson and the second to Mark M. Mullett.
Wetzel County Prosecutor Tim Haught explained to the court that on that day Cisar approached and started a verbal argument with Anderson outside the bar. Anderson did not know Cisar and did not want to argue. Cisar allegedly struck Anderson in the face, which made Anderson fall to the ground. Cisar then kicked him in the head as Anderson attempted to get up.
At this time Mark Mullet came to attempt to help Anderson and Cisar allegedly struck him also in the face which resulted in a visit to the Wetzel County Hospital for a broken nose and stitches.
Haught stated that besides Anderson and Mullet as witness to this incident, there is an outside security tape from JT’s Lounge that recorded the assault.
“There were no weapons used,” pointed out Haught. “I don’t think it’s required to use a weapon for malicious wounding.” However, he did say it is easier to prove malicious wounding in the absence of a weapon.
Cisar requested to speak and turned and addressed Anderson who was seated in courtroom. “I would just like to totally apologize for my actions. I am very remorseful,” said Cisar. “I apologize for the work you have missed because of the injuries. If I could take it back, I definitely would and hope you can find it in your heart to forgive me.”
Cisar is to return to court on April 22 for sentencing. Probation Officer John Lantz will prepare a pre-sentencing report to be submitted by April 3.
In another court matter, Jashwa Lee Adams, 20 of P.O Box 57, Jacksonburg, pleaded guilty to count one of felony possession of a controlled substance (marijuana) with intent to deliver. On Dec. 28, 2008, the Wetzel County Sheriff’s Department received a call from the Carlin Addition in Smithfield about a resident being intoxicated and brandishing a firearm. A verbal statement was given by Adams to search the residence in which three one-eighth bags of marijuana were found along with rolling papers and plastic bags.
Judge David W. Hummel Jr. read the plea agreement in which Adams confessed he was selling drugs. Hummel spoke to Adams, “You are walking a fine line, next time you may not be so lucky.” Hummel explained that had he been delivering marijuana, he could of received a sentence of one to 15 years. Adams was given a sentence of one to five years in the West Virginia Penitentiary for Men and must report there on April 1 by 10 a.m. Also, it was ordered that he forfeit all cash and property seized in the arrest.
The state agreed it will not object to a Rule 35 motion for a modification of sentence. That must be filed within the first 120 days of incarceration. It is expected that Adams will serve 120 days and then be placed on two years probation.
Also in court that day, Rick T. Hollenbach 19, of 32 W. Pitt St. Canonsburg, Pa., pleaded guilty to count two, misdemeanor petit larceny, of his three-count indictment. Hollenbach, along with a Mike Long, allegedly broke into Morris Grocery on Dec. 31, 2008, in Wileyville and took two cases of beer. Hollenbach fled on foot when Deputy Randy Adams was called to the scene and was later apprehended and arrested.
“Do you understand how dangerous that (fleeing from an officer) is?” asked Judge Hummel. He further asked the defendant if Chief Deputy Rob Haught, present in the court room, was involved in the chase. When he responded in the affirmative, Hummel said, “Don’t you owe him an apology?” Hollenbach looked in Haught’s direction and said, “Sorry.”
Hummel sentenced to 120 days in the Northern Regional Jail with credit for 82 days already served. He also paid restitution of $202 to Morris Grocery.
The other two counts in the indictment, felony entry of a building other than a dwelling and misdemeanor fleeing from a law enforcement officer, were dismissed.