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Judge Continues Ingold Sentencing

By Staff | May 20, 2009

Cecil Ingold

The sentencing of Cecil D. Ingold was continued Monday by Judge David Hummel “out of caution”.

The change came after Ingold’s attorney, Jeremiah Gardner, moved for a new trial, citing a supreme court decision, Arizona vs. Gant.

Ingold, 51, of 16745 County Nine Road, New Matamoras, was found guilty by a jury of possession of marijuana with intent to deliver on April 7. During the this two-day trial, information was brought forth about Ingold being spotted by New Martinsville Police Department Sergeant Kastigar and his arrest.

Gardner told the court that the search of Ingold’s vehicle was unconstitutional.

Hummel asked Gardner if the pre-sentencing report was correct. Gardner replied, “Yes.” Hummel then asked Prosecutor Tim Haught about the pre-sentencing report. Haught reported that there was an omission of the Ingold’s intimidation of a witness.

Judge Hummel set May 27 at 1:30 p.m. to continue the hearing and for sentencing.

Also, an agreement was reached in court for James E. Simpkins, 23, of 734 North Fourth Ave., Paden City. Simpkins was before Judge Hummel for a petition to revoke his probation due to fraudulent schemes.

While on home confinement with work release, Simpkins was employed at Advance Auto Parts and allegedly stole money from this businesses while being employed there.

Haught told the court that Simpkins had served one year on home confinement for a third-offense DUI and that he made restitution to his former employer, Advance Auto Parts, of the amount of $1,605.

He stated to Judge Hummel that a proposed agreement was reached by he and Gardner and his probation officer, John Lantz, for Simpkins to serve 10 days in jail.

Hummel accepted the arrangement and ordered Simpkins to serve 10 days in jail starting on May 19 at 8 a.m.