Hummel Continues Case; Revokes Probation
William Michael Pegg, 43 of Rt #1 Box 53, New Martinsville, or Box 47D Glen Easton, W.Va., was before Judge David W. Hummel Jr. on March 26 for three counts of failure to update sexual offender registration.
Attorney Scott C. Brown filed a motion for continuance because of Pegg’s trial date in Preston County, W.Va., on April 17 for an underlying conviction in 1998 for subsequent failure to register as sexual offender.
Brown explained to the court that this is a predicate offense since this registration did not start until 1999. “This thing didn’t even exist then, it came out a year later.” Judge Hummel told the court this has been argued before.
Prosecutor Attorney Tim Haught said to the court, “This is an interesting approach to this.”
According to West Virginia State Code Chapter 15, Article 12, dealing with the Sex Offender Registration Act, “the provisions of this article apply both retroactively and prospectively.”
Hummel said he was not opposed to continuing the case and he explained to Pegg that he wanted him to get his due process in Preston County. He granted a motion to vacate his April 6 trial date. Pegg is to return to Wetzel County Circuit Court May 13 at 9 a.m.
In another court matter, Justin Wyatt, 21, of HC 60 Box 120, Pine Grove, was ordered to serve 20 days in the Northern Regional Jail for a petition to revoke probation. Defense Attorney Jeremiah Gardner told the court that an agreement was reached with Probation Officer John Lantz and Prosecutor Tim Haught for the punishment.
Wyatt was placed on one year probation July 16, 2008, after pleading guilty to a misdemeanor information charge of receiving stolen property in connection with an alleged robbery between Aug. 1 and 2, 2007. A felony of entry of a building other than a dwelling and four misdemeanor charges of entry of an automobile, petit larceny, destruction of property, and intimidation and harassment of a witness, were dismissed at that time.
In addition to the probation, Wyatt was ordered to pay $150 restitution to the Wetzel County Circuit Clerk. Lantz explained that Wyatt did pay $150 for restitution.
Lantz told the court on Feb. 6 Wyatt had failed a drug test. Hummel asked Wyatt, “What did you do?” Wyatt responded by telling Hummel he used marijuana.
Lantz explained to the court that this was a one time conviction and he has meet all his required appointments. His probation was set to expire in July.
Judge Hummel told Wyatt to report to the Northern Regional Jail on April 1 for revoking on his probation and he would be released April 20.
Also present in court was Cecil Dewayne Ingold, 51, of 16745 County Nine Road, New Matamoras. Ingold is charged with one count of possession of a controlled substance (marijuana) with intent to deliver. This offense allegedly took place on July 14, 2008. New Martinsville Police Department Patrolman Steve Kastigar arrested Ingold on outside of the 7-11/BP station at the intersection of North Street and W.Va. 2 in New Martinsville.
Prosecutor Haught explained to the court that in the criminal investigation report Ingold gave a Mirandized statement to the New Martinsville Police Detective Donnie Harris. In this report Ingold admitted the marijuana was his, but was for his own personal use. Haught told the court this was done by a video statement. Gardner told Judge Hummel that he did not have a copy of this video.
Hummel asked Haught to provide a copy for Gardner and scheduled the next court hearing for Ingold for April 1 at 9:30 a.m.