Hummel Sentences Floyd To Penitentiary
In Wetzel County Circuit Court on Sept. 4 Clark Henry Floyd II, 49, of Route 1, Box 55, Smithfield, was sentenced for one count of third-offense driving on a license revoked for driving under the influence.
Floyd’s attorney, Jeremiah Gardner, asked Judge David W. Hummel Jr. for home confinement for his plea agreement, since Floyd is taking care of his two children while his wife is currently incarcerated.
Hummel let Floyd explain to him what he thought he did wrong. Floyd stated, “I know what I did was wrong, I wasn’t drinking (pertaining to the incident in which he was caught driving without a license). The other person was drinking and I was doing the driving for them.” He also explained he would like to have just house arrest to stay home and take care of his children, since he was in the process of a divorce.
Haught reminded the courtroom and Floyd, “You had two prior convictions, yet you continued to drive. Individuals keep driving on these revoked licenses.” He said the state had issued home confinement before, overseen by Probation Officer John Lantz. “We recommend the West Virginia Penitentiary sentence of one to three years and a mandatory fine of no less than $3,000 and no more than $5,000,” stated Haught.
Hummel told Floyd, “It’s pretty clear what they (the state) want do with you. What makes this time any different?”
Floyd responded by telling Hummel, “I only had two DUIs.” Hummel replied back, “Only two?! How’s this time going to be different, you have broken the law.” Hummel continued by asking, “What makes you a good parent?”
Floyd replied, “I am a good parent.”
Hummel explained to Floyd, “You put your children in this position.” Hummel asked if preparations had been made for the care of the children. Floyd replied that his mother has been helping out.
Hummel asked Prosecutor Tim Haught about the situation and he replied the state had no objection with the children staying with Floyd’s mother.
After taking into consideration the welfare of the children, Hummel spoke, reminding Floyd that past home confinement didn’t deter him from anything. “I don’t want people to think they can get a slap on the wrist from me. You are not going to be on the roads in Wetzel County,” stated Hummel. “With your record, your sentence is one to three years in the West Virginia Penitentiary and a $3,000 fine. Unfortunately, it came down to the last straw.”
Hummel told Floyd to report to the NRJ in Moundsville on Sept. 8 at noon.
Also on Sept. 4 Fred Leslie Kirk, 39, of 168 Vine St., New Martinsville, pleaded guilty to felony count of failure to register as a sex offender in the month of his birth (October) to the State Police detachment.
Judge David W. Hummel Jr. accepted the plea agreement and sentenced Kirk to serve no less than one and no more than five years in the West Virginia Penitentiary for Men with credit for time served, 10 days. Hummel explained to Kirk, that after 120 days of time served on good behavior, his attorney can file for a Rule 35 motion for reduction in sentence. He allowed Kirk to report to the Northern Regional Jail on Sept. 8 at noon.
Hummel told the courtroom it was an administrative neglect on Kirk’s part.
Prosecutor Tim Haught explained that Kirk had always in the past registered, but when a certified letter was sent to him in October 2008, he signed the receipt, but did not register as required. Haught explained that after discussing this issue with his attorney, Jeremiah Gardner, Kirk did not read the letter and let someone else read it, who told him not to worry about it.
Hummel did allow Kirk to speak in the courtroom to explain why he did not register as required. Kirk explained of a slight disadvantage of his reading skills. “If I could of read it, I wouldn’t be sitting here right now,” expressed Kirk before Judge Hummel.
Robert A. Goddard, 71, of Rt. 1 Box 124, Proctor, was also present with his attorney, David Jividen. Goddard has been charged with 47 counts of a sexual nature. The exact charges have still not been brought forth in the courtroom.
Hummel reported that Jividen requested documents and there was a delay in receiving them. He also noted that Goddard waived his right to trial in the next court term. Now his scheduled trial date is Nov. 9-10.
Cody Dylan Riggs, 22, of 2550 Route 4, Isaac Creek Road, Clarksburg, was also before Hummel who noted that no bond papers were signed for the $250,000 personal recognizance bond. Riggs then signed the papers in the courtroom and Hummel stated he is now bonded out and is in federal custody.
On April 30, 2009, he entered a guilty plea in a federal court of being a felon in possession of a firearm.
In Wetzel County he is charged with felony malicious wounding. In September 2008. Riggs allegedly stabbed an 18-year-old girl in Reader 13 times, causing the victim to sustain lacerations to her head, stomach, chest, and arms, along with self-defense wounds to her hands.
Hummel noted that Riggs waived his rights for a speedy trial, moving the case into the next term of court.
He is expected to enter into a plea agreement on Sept. 15.