Nottingham Will Face Probation Revocation
Before Judge David Hummel in Wetzel County Circuit Court on May 18 was Cynthia Longwell Nottingham, 32. She was present with her attorney, Roger Weese, on a petition to revoke her probation.
Nottingham is serving three years of supervised probation for admitting she set fire to her own home in Proctor while her children were at the dwelling on March 23, 2007, and she pleaded guilty to misuse of funds of an elder person to have occurred between March 8 and 12, 2007.
She was in court on April 22 for a petition to revoke her probation. It was brought to the attention of the court that day of an alleged violations occurring on in Marshall County on Sept. 3, 2008, of driving on suspended license and not abstaining from illegal drugs. Judge Hummel found a violation of her probation
Nottingham took the stand herself in Wetzel County Circuit 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.
During the May 18 court hearing, Prosecutor Tim Haught called Adult Probation Officer John Lantz to the witness stand. Haught then asked Lantz if he made an amendment to revoke her probation because she did a criminal offense in Marshall County to obtain a controlled substance. This alleged incident occurred on Nov. 2, 2008, at the CVS Pharmacy in Moundsville.
Lantz explained that this case was handed over to the Marshall County Circuit Court. He further explained that he was called out to do a search of her residence with Marshall County law enforcement officers, where he found prescription medication, needles, and alcohol. He later learned that the medication and needles were for her blood clotting condition and it was returned to her at the Northern Regional Jail.
Lantz also told the court that they did not have on the file that she was taking this medication.
Haught asked Lantz if the condition of her probation stated that she was not to use alcohol. Lantz replied yes.
Weese asked Lantz who else was living at that residence. Lantz replied Nottingham’s husband, Tim Nottingham.
Weese then told the court that Cynthia Nottingham is checking in with her probation officer and that she has gained employment. He also explained to the court that her husband could have purchased the beer and brought it into the residence.
Weese then called to the stand Timothy Nottingham. Tim Nottingham stated Cynthia has been his wife for three years.
Weese asked Tim Nottingham about the date of question, Nov. 2, when Cynthia was arrested. Tim Nottingham stated she was not home at the time of the home search because she was arrested in Moundsville. Tim Nottingham explained he purchased the beer after she was arrested at Kroger’s in Moundsville.
Weese asked, “Did your wife have access to it?” Tim Nottingham answered, “No,” and stated she was already arrested at the time he made the purchase.
Prosecutor Haught then asked Tim Nottingham what time he purchased the beer. Tim Nottingham replied around 6 p.m.
Haught stated to the courtroom, “Your wife has just been arrested and you went out and bought beer?” He then asked Tim Nottingham what he paid for it, he replied he did not know.
Hummel stated that the court does find probable cause for the probation revocation for the (CVS Pharmacy) incident of forgery of prescription drugs. Her current bond in Marshall County will satisfy the court in Wetzel County. He set her hearing date of July 2 at 9 a.m.