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ATV Ride Gets Man Prison Time

By Staff | Jul 8, 2009

Riding a four-wheeler through the town of Hundred landed one man in jail and then later before Judge David W. Hummel on July 2 in the Wetzel County Circuit Court.

Robert J. Six, 25, of HC 62 Box MM, Burton, was sentenced to no less than one, no more than five years in the West Virginia Men’s Penitentiary with 24 days of credit given for time served in jail. This came about after he pleaded guilty to fleeing from a officer while driving under the influence on a all-terrain vehicle on or about Feb 21.

Hummel explained that a Rule 35 motion for sentence reduction could be filed after Six served 120 days of incarnation. The answer to that request is at Hummel’s discretion.

Hummel then told Six when his jail time is completed, he will be on two years of probation, supervised by Adult Probation Officer John Lantz. He also told Six that sometime before he is to report to the NRJ in Moundsville on July 9, he will be tested for alcohol by Lantz. “You control your own destiny,” reminded Hummel.

A second count, driving while his license was revoked for DUI that occurred on April 2, was dismissed.

Prosecutor Tim Haught told the courtroom that an officer from Hundred spotted Six on his all-terrain vehicle on Route 250 near the Dairy Dream at Hundred. The officer then proceeded to turn on this lights for Six to pull over, since a four-wheeler is not allowed on Route 250.

Six then sped through the town of Hundred, increasing speed, and made a left into Hundred’s American Legion where he was forced to stop by the officer’s vehicle. Haught went on explaining that Six was combatant with the officer during his arrest. He was then taken to the Wetzel County Hospital for blood alcohol testing. A regular State Police blood alcohol kit was not used, but the lab’s testing for the blood alcohol level was performed and Six’s result was twice the legal limit.

Hummel asked if Six wore a helmet. Haught replied, “No.”

“That was stupid,” Hummel told Six in a raised voice.

Hummel asked Six, “In your opinion, what were you doing to make you think you are guilty?” Six replied, “I was riding my four-wheeler and I didn’t want to be caught because I was drinking.”

Hummel reprimanded Six, “You were not wearing a helmet, you were drunk, and you were on city streets. You were endangering others in town.”

Larry John Cox, 37, of 28 Rose St., Lot 24N, New Martinsville, was also present in the courtroom. Through a plea agreement Cox pleaded guilty to count one, third offense driving while being intoxicated.

Prosecutor Haught told the courtroom that on April 2 a Paden City Police Officer spotted Cox driving left of center. When he pulled the suspect over in his vehicle, he noticed a strong odor of alcohol. He asked Cox if he was drinking and he stated that he had three beers earlier that evening.

Haught went on explaining that Cox failed the field sobriety test given by the officer. He was then transported to the station for more testing, in which his alcohol level was reported at 0.136. Haught pointed out that he has had two prior convictions: one in Tyler County in 1999 and one in Ritchie County in March 2008.

Hummel asked Cox what made him guilty on April 2 of his arrest.

Cox replied, ” I was drinking and driving, I didn’t know my limits.”

Hummel asked Cox, “Do you know how dangerous that was?”

Jeremiah Gardner requested a pre-sentencing report by Lantz before his sentencing. His next court appearance will be on July 16 at 9 a.m.

Terry E. Ramsey, 22, of 329 Duff Avenue, Apt. 3, Clarksburg, was in the Wetzel County Circuit Courtroom because he allegedly did not adhere to the rules at the Anthony Correctional Center at White Sulphur Springs, W.Va.

The Anthony Center is a correctional center where residents are committed by their sentencing judge, who has suspended their original sentence of their specific crime. They can receive six month or up to two years. Those offenders there must have committed a crime on or after their 18th birthday and be sentenced prior to their 23rd birthday. Life skills and work readiness are mandatory programs that they must complete.

On May 5, 2008, before Judge John Madden, Ramsey pleaded guilty to grand larceny. As part of the plea agreement Ramsey was to serve his incarceration in the Anthony Center for Youthful Offenders. He was wanted in Barbour County as well and the judge there gave him the same sentence, one to 10 years, but the sentence was suspended and, instead, the Anthony Center sentence was given.

Judge Hummel questioned Prosecutor Haught as to what happened since Ramsey only had 48 hours left at the Anthony Center. Haught reported that he was caught with tobacco at the center and there was also an incident with a kitchen employee.

Hummel told Ramsey he failed short of completing the program at the center because of breaking the rules.

He instructed Ramsey that his original sentence will now be served, one to 10 years to run concurrent with Barbour County’s underlying sentence. He further explained that after serving 120 days he would reconsider the Rule 35 modification to place him on two years of probation. He is currently being housed at the Tygart Valley Regional Jail and sent back there.

A capias warrant was issued in court on Joshua T. Good, 32, of St. Marys. Good was to be present because he admitted in court on May 13 to violating his probation by being caught with less than 15 grams of marijuana. Good is currently being incarcerated at the Monroe County Jail on a different offense.

Silvanus E. Johnson , 53, of 1060 Luck Ave., Zanesville, Ohio, was present in the courtroom on a one-count indictment of domestic battery, third offense. A motion for a trial was granted and his next court appearance will be June 20 at 9 a.m.

A motion was granted to continue the case of Doug William Matthews, 23, of 108 Leon Street, Paden City. He is charged with a one-count indictment of delivery of a control substance (vicoprofen). A status hearing will be on Aug. 7 at 9 a.m. with his trial starting Aug. 31 at 8:30 a.m.

Clark Henry Floyd II, 49, of Route 1, Box 55, Smithfield, was released from the NRJ and placed on home confinement until his trial date of Aug. 31. Floyd failed to appeared in court on May 27.

A capias warrant was issued for him and he was sent to the NRJ in Moundsville. Floyd 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. His trial date is Aug. 31.