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Proceedings Will Wait Until Federal Sentencing

By Staff | May 5, 2009

Present again in the Wetzel courtroom on May 1, for a status hearing, was Cody Dylan Riggs, 22, of 2550 Route 4, Isaac Creek Road, Clarksburg, who is currently being held in the Northern Regional Jail

On April 30, he entered a guilty plea in a federal court of being a felon in possession of a firearm. With this charge alone, he can spend up to four years behind bars.

In Wetzel County he is charged with felony malicious wounding. In September 2008, Riggs allegedly stabbed an 18-year-old girl in Reader 13 times, causing the victim to sustain lacerations to her head, stomach, chest, and arms, along with self-defense wounds to her hands.

Riggs then reportedly fled the scene of the stabbing, stole a gun and a bank card from his grandparent’s house.

Law enforcement officers spotted Riggs with the stolen vehicle and a chase followed on U.S 50 until Riggs wrecked the vehicle in Wilsonburg, W.Va., and fled on foot. He was apprehended by Harrison County law enforcement and was charged with felony grand larceny.

According to Haught, Riggs is also wanted in Florida for an alleged June 19, 2007, robbery.

His lawyer Tom Dyer asked Hummel for bond to be set. Prosecutor Tim Haught suggested to the court $250,000 personal recognizance bond. Judge David W. Hummel Jr. set the bond to the amount requested by Haught. However, he is in federal custody.

Hummel also told the court that Riggs waived his right to the next term of court. He explained to the courtroom that since he entered into a guilty plea in federal court he will be appearing before Judge Irene Keeley in June for his sentencing. A plea agreement was deferred until the sentencing in Federal court.

Also present in court was Jason V. Chambers, 32, of 28 Rose Street, Lot 39N, New Martinsville, for a petition to revoke his probation.

Chambers was placed on two years probation on July 5, 2007, after he entered into a plea agreement in which he admitted his guilt to possession of a controlled substance (cocaine) with intent to deliver. Additional two counts of wanton endangerment with a firearm and one count of brandishing a firearm were dismissed. The original sentence which was suspended as for one-to-15 years with one day credit for time served.

Prosecutor Haught called to the stand Probation Officer John Lantz. Lantz reported that Chambers had “faithfully been reporting to him”, but there were violations of his probation that included drug possession and drug use. He explained to the court that he was given the opportunity to work undercover for the Monroe County, Ohio’s Sheriff and Wetzel County Officers.

Neiswonger asked Lantz why he permitted him to work undercover when he filed a petition to revoke his probation. Lantz replied it was his own choosing.

Prosecutor Haught told the court, “The rules of the probation were to not use drugs and he in fact had used drugs.”

Judge Hummel explained the court has cause to accept the petition to revoke probation and a hearing was set for May 19 at 9 a.m.

His lawyer, Kevin Neiswonger asked Judge Hummel to set bond. Hummel said because of his cooperation with law enforcement he would set his bond at $5,000 with subject to rules of probation.

Claire Phillip Dawson Jr., 25, of RD 2, Box 181B, New Martinsville, was present in court before Judge Hummel for a petition to revoke his probation.

On Oct. 2, 2007, Dawson was placed on three years probation after pleading guilty to two misdemeanors intimidation of a public employee and domestic battery. He was initially sentenced two one year for each misdemeanor charge, to be served concurrently. Also, one felony count of allegedly intentionally abusing an elderly person was dismissed.

Prosecutor Haught placed on the stand Probation Officer Lantz to tell the court of his violations. Lantz read from his reports that on March 9, 2007, Dawson was arrested for having a total of 270 grams of marijuana in six different bags, marijuana seeds, $400 in cash, two pipes, plastic baggies, and two scales.

Lantz continued reading from his reports that Dawson has a pending criminal complaint of obstructing Wetzel County Sheriff Hoskins when he was called to his residence on May 27. Lantz noted a child was involved and Hoskins did not want the situation to get worse.

Neiswonger then asked Lantz if her had paid all of his court cost fees. Lantz answered yes.

Hummel told the courtroom that the court does find evidence exists to revoke probation. He set a date of May 19 at 9:30 a.m. for his sentencing.

Neiswonger asked for bond to be set. Hummel granted bond at $75,000 because of the substantial amount of marijuana found at the residence of Dawson.

Also in court was James Edward Quinn, 55, of 11CA 30 Morgan Run Road, Smithfield. Quinn was in court on a petition to revoke probation.

Quinn is one year probation, a sentence he received Aug. 1, 2008, after pleading no contest to failure to provide notice of registration changes because of his status as a sex offender for life.

Hummel appointed Kevin Neiswonger at his attorney and set his court date for May 18 at 8:45 a.m. for sentencing.