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Judge Denies Motion

By Staff | Aug 12, 2009

Judge David Hummel Jr. denied a Rule 35 motion Aug. 7 to modify incarceration time for Lynsey Brook Erb, 21, of HC 60 Box 70, Pine Grove, after learning about her condition when she reported to the Northern Regional Jail in Moundsville. Erb arrived at the NRJ intoxicated and with five different drugs in her system.

On April 22, Erb was sentenced to one year at the NRJ for the charge of battery which included entering the dwelling of Tisha M. Crites in Pine Grove on Dec. 6, 2008, and striking her in the head and neck.

Prosecutor Tim Haught told the courtroom that when Erb arrived at NRJ days after her sentencing, authorities noticed she was intoxicated. The personnel at the NRJ then did a drug test on her which showed five different drugs in her system, as well as alcohol. Haught also told the courtroom that Erb was written up for three violations at the jail. “If she cannot abide by the rules and regulations while being incarcerated, how can she abide by the rules in society?” Haught asked. He reminded Hummel how she is showing disrespect for the court system by her actions.

Hummel told Erb that he had given her a few days to get her affairs in order before arriving at the jail and he was very displeased she showed up intoxicated and with a cocktail mix of drugs in her system.

Hummel denied the motion and Erb was returned back to the NRJ to complete her sentence.

In addition to her one year sentence, Erb was ordered at her original sentencing to attend drug and alcohol treatment counseling, pay all court costs, and $120 restitution to Valley Manor Apartments for a damaged door.

Jashwa Lee Adams, 20, of P. O. Box 57, Jacksonburg, was also before Judge Hummel for a Rule 35 motion to modify of his jail sentence.

On March 23 Adams pleaded guilty to felony possession of a controlled substance (marijuana) with intent to deliver. His sentence from Hummel was one to five years with an opportunity to file a Rule 35 motion of modification of his sentence after serving 120 days.

Haught reported to Hummel that Adams had completed his jail term with no violations and the state recommended two years of supervised probation.

Adams told Judge Hummel that he will have employment if released.

Hummel told the courtroom that Adams had served 131 days in jail due to scheduling problems. He reported he was modifying the balance of his original sentence and placing him on two years of supervised probation and, with that statement, he signed the release papers for Adams.

Clark Henry Floyd II, 40, of Box 52A, Jacksonburg, was in the courtroom on Aug. 7 for a plea agreement. Clark had two, one-count indictments of third-offense driving on a revoked license.

In the plea agreement, Clark pleaded guilty to third offense driving on a revoked license. Hummel told Adult Probation Officer John Lantz to prepare a sentencing report before his next court appearance on Sept. 4, in which Floyd will receive his sentence from Hummel.

Also, a capias warrant was issued for Douglas Fouts, 35, of 3106 Williamstown Pike, Williamstown. He is charged with burglary and larceny. He did not appear in the courtroom for his status hearing regarding his impending trial.