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Hummel Dismisses Insurance Fraud

By Staff | Jun 10, 2009

On May 27 Judge David W. Hummel dismissed a charge against Joseph Henderson, 32, of Rose Street, Lot 23N, New Martinsville. It was alleged that on Sept. 7, 2005, Henderson submitted a materially false statement in support of a claim for insurance benefits to Erie Insurance Group, which exceeded $1,000, from the insurance policy of John and Pamela Burlingame.

Prosecutor Tim Haught brought forth information that this is a insurance issue with Erie Insurance. He said Henderson has paid back $100 dollars and $2,400 is still owed. Hummel dismissed the charges, but told Henderson he had a civil obligation to pay the insurance company.

In another matter, the case of Fred Leslie Kirk, 39, of 168 Vine St., New Martinsville, is continuing for psychological report. Haught pointed out that he has a doctor in Charleston to do a evaluation and that an appointment is set for June 10 at 3 p.m. Haught requested Kirk to go to the evaluation.

Defense Attorney Jeremiah Gardner said he wants a Dr. Marshall in Wheeling to look over the evaluation. Haught asked Judge Hummel to wait for the evaluations to come back before setting a hearing date. Hummel granted the motion.

Leslie is charged with one felony count of failure to register as a sex offender as he allegedly failed to report in the month of his birth (October) to the State Police detachment in his county of registration.

The case of Mitchell Lee Erb, 22, of 1004 Grandview Ave., New Matamoras, was continued to July 16 at 9 a.m. Erb is charged with a felony nighttime burglary that occurred on or about Nov. 26, 2008. On Dec. 6, he allegedly committed a felony of nighttime burglary by entering the residence of Ronald A. Morgan Sr. located near Pine Grove. The count alleged Erb also did steal, take, and carry away a 1995 Ford Explorer having a value of more than $1,000 belonging to Deborah J. Morgan with the intent to permanently deprive the owner of said motor vehicle.