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Nottingham Appears On Revocation Petition

By Staff | Apr 29, 2009

On April 22 Cynthia Longwell Nottingham, 32, of Court Street, Middlebourne, appeared in court before Judge David Hummel Jr. on a petition to revoke her probation.

On May 5, 2008, she admitted she set fire to own home in Proctor while her children were at the dwelling and she pleaded guilty to the misuse of funds of an elder person. Judge John Madden gave her suspended sentences and she was to pay $14,000 in restitution and serve three years on supervised probation with Adult Probation Officer John Lantz.

Nottingham took the stand herself in court on April 22, telling the court about about her probation violation charges. She said that a person sent her to a pharmacy to pick up a prescription. Prosecutor Timothy Haught told the court, “Driving on suspended license in Marshall (County) and another charge (prescription drugs) is icing on the cake.”

Hummel explained to the court that she has two previous probation violations. Reading a statement from probation officer Lantz, Nottingham has alleged violations occurring in Marshall County on Sept. 3, 2008: one, driving on suspended license, and two, not abstaining from illegal drugs.

Probation Officer Lantz took the stand next and told the court he was notified by State Police Trooper Hogan from the Moundsville Detachment that he had got her on suspended license. He told the court that only after questioning her did she admit to the crime.

Her attorney, Roger Weese, argued it was only a traffic violation. He also asked Lantz if he had checked on her medical background. Lantz told the court she was on several different medications.

Nottingham told the court the Department of Motor Vehicles had Webster County on the license instead of Wetzel County. Weese asked her, “Did you think you had a valid license?” she replied, “Yes.”

Haught asked her, “Did you tell the Magistrate there was a coding area?” She replied, “Yes I did.” Haught asked her if she was notified by the DMV before the license was suspended. She told the court they told her to call Webster County. Haught asked if she called the DMV back to say there was a mix up. Nottingham said she did one time. Haught reminded the court she was driving that day of question.

Nottingham went on to tell the court she was was incarcerated without a lawyer. Haught told the court no appeal was filed. Nottingham replied, “I sent letters to the magistrate.”

Hummel told the court that a certified copy from the county clerk’s office told of this matter being before Judge Kerwood with a bench trial and she was found guilty. He told the court no appeals were filed and he told the court it was not a jailable offense, but there was a violation of her probation and he would render a decision later.

Joshua T. Good, 32, of St. Marys, was also in court on a motion to revoke his probation. Haught told the court that in Weir County, Ohio, he is wanted for child support and in Delaware County, Ohio, he was allegedly found with 15 grams of marijuana. Gardner pointed out none of the alleged allegations occurred in Wetzel County. However, Hummel said one of his probation rules was to abstain from using drugs. Hummel set bond at $5,000.

Haught said Good still has restitution of $3,230 to pay for his Wetzel County charges of forgery and uttering from 2005.

Probation Officer John Lantz told the court there was no time limit on which the restitution has to be paid and that Good had made several payments.