Grand Jury Returns True Bills
Wetzel County Grand Jurors returned 17 true bills of indictment against nine defendants for the May term that met May 12. There are an additional two sealed indictments.
With the Honorable Judge David W. Hummel Jr. presiding and Prosecutor Tim Haught and Assistant Prosecutor Worthy Paul for the state, defendants appeared in Wetzel County Circuit Court on the May 27 to answer to the charges.
Robert A. Maine Jr., 30, of 14 Rose St., New Martinsville is charged with a one-count indictment for a felony offense of murder, a capital offense as noted by Hummel. Maine allegedly shot his cousin Gregory Glen Maine Jr. with a high powered 303 British Rifle at Robert Maine’s residence on March 7.
His attorney, Kevin Neiswonger, entered a not guilty plea on his behalf and made a motion for a psychological evaluation. Hummel asked if any doctors where named yet. Neiswonger replied, “Not yet.”
Hummel set his court hearing for June 25 at 2 p.m.
Allen Cole Calvert, 25, of HC 60 Box 250A, New Martinsville, was present in the courtroom for a four count indictment: count one, night time burglary; count two, grand larceny, both counts to have occurred on March 2 at the dwelling of Dave and Anthony Pitoscia located at Harlan Ridge; count three, burglary; and count four, petit larceny, both to have occurred on March 4 at the dwelling of Kenneth L. Goddard located at Harlan Ridge.
Hummel appointed attorney Jeremiah Gardner to represent Calvert and told him to return June 1, when Gardner, pleaded not guilty on his behalf. A cash bond of $5,000 was granted and a trial date of June 25 at 3 p.m. was set by Hummel.
Larry John Cox, 37, of 28 Rose St., Lot 24N, New Martinsville, received a two-count indictment: count one, third or subsequent offense of driving under the influence of alcohol, and count two, driving while license revoked for DUI. The offenses are to have occurred on April 2 on state Route 2 in Paden City.
Cox pleaded not guilty and a $5,000 cash bond was granted with no driving privileges. His next scheduled court hearing is July 16.
Douglas Wayne Fouts, 35, of 3106 Williamstown Pike, Williamstown, W.Va., received a two-count indictment: count one, burglary, and count two, grand larceny. Both offenses are to have occurred on Nov. 25, 2008, at the dwelling of Leroy and Sandra Spencer on Maple Avenue in New Martinsville. He entered a not guilty plea in court May 27.
Prosecutor Haught told the court that evidence was submitted to the crime lab and they would like for him to submit a DNA sample also. His next court date was set for July 16.
A one-count indictment was returned against Doug William Matthews, 23, of 108 Leon Street, Paden City. It charges him with delivery of a Schedule II controlled substance (Vicoprofen) on March 9. Hummel set his next court appearance for June 1, when he entered a not guilty plea. Hummel set his hearing for July 2 at 9 a.m. and his trial date for July 20.
Robert J. Six, 25, of HC 62, Box MM, Burton, was handed a two-count indictment: count one, fleeing from an officer while driving under the influence of alcohol, and count two, driving while license revoked for DUI. The first offense is to have taken place Feb. 21 while on an all-terrain vehicle on U.S. Route 250 in Hundred while the second offense was on April 2 while driving a motor vehicle on U.S. Route 250 in Hundred.
On June 1 Six’s attorney, Gardner, pleaded not guilty on his behalf. Hummel set a trial date of July 20 at 9 a.m.
Charles E. Stewart, 41, of 1301 Cowhouse Run Road, Sistersville, was handed a two-count indictment: count one, sexual assault of the second degree, and count two, sexual assault of the second degree. Stewart entered a not guilty plea to the offenses to have taken place Jan. 17. Hummel told him to have no contact with the victim and set his trial date of Aug. 31.
Silvanus E. Johnson , 53, of 1060 Luck Ave., Zanesville, Ohio, was present by teleconference from the Tygart Valley Regional Jail. Johnson received a one-count indictment, domestic battery of third offense to have occurred to his girlfriend on or about Feb. 7. Hummel spoke to Johnson via teleconference telling him that he will be transported to the Northern Regional Jail and set this court hearing date for June 1 at 8:30 a.m.
When appearing in person on June 1 Johnson entered a not guilty plea. His next court appearance will be July 2 at 9 a.m. for a hearing and his court trial date will be July 20, 9 a.m. He is currently incarcerated on a charge in Taylor County, W.Va.
Finally, a capias warrant was issued for Clark Henry Floyd II, 40, of Box 52A, Jacksonburg, who failed to appear for his court date May 27.
Clark has two, one-count indictments, both for third-offense driving on a license revoked for DUI. One is to have occurred on Feb. 27 and the second to have on April 14, both on state Route 20 near Smithfield.