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Ingold Seeks Appeal

By Staff | Sep 30, 2009

Cecil Dewayne Ingold

Judge David W. Hummel Jr. will take three motions made Tuesday concerning a New Matamoras under consideration.

Presently serving time at the Northern Regional Jail for possession of a controlled substance (marijuana) with intent to deliver, and a one-count indictment for failure to appear on a felony bail on Jan. 14., Cecil Dewayne Ingold, 52, of 101 Evans Ave., Apt. 21, with his attorney, George Consenza, motioned three requests to the court: a motion to reconsider, a motion to stay, and a motion to field bond.

For the motion to reconsider, Consenza defended that Ingold had served a significant portion of his sentence (eight months) and thusly requested that his sentence be shortened. Prosecutor Tim Haught opposed the motion, explaining that the state saw no reason for the sentence to be modified, and furthermore stated Ingold is currently under indictment for his failure to appear in court last January.

Under the motion to stay, Consenza said he will file an appeal to the Supreme Court in the next two to three weeks. He also went on to defend that there was miscommunication with Ingold’s appearance at the January’s hearing in question. Furthermore Consenza claimed Ingold was not a flight risk. He is on disability and up for evaluation in October, a requirement to remain eligible.

Again, Haught opposed this motion. “I think the record in this case is pretty clear,” argued Haught in that Judge John Madden clearly told Ingold at the previous appearance when he was to return to court. “He really is without excuse,” stressed Haught.

Additionally, Haught mentioned Ingold is eligible for parole at 12 months and he has already served eight months. “It seems like it is simply a little late to be requesting this kind of relief,” said Haught.

Judge Hummel said he would consider the motions and render his decision by Friday. In the meantime, a cash/surety bond was set at $25,000.

Regarding his arraignment on his newest charge, failure to appear, Ingold pleaded not guilty. The next hearing is set for Dec. 4 at 8:45 a.m.

Judge Hummel dismissed a charge of probation violation against Cynthia Longwell Nottingham, 34, of Court Street, Middlebourne. Nottingham is currently on three years supervised probation.

The violation was based on an incident at CVS Pharmacy in Moundsville that resulted in some charges. However, Hummel discussed the posture of the case with Marshall County Prosecutor Jeff Cramer who said if the charges there against Nottingham were not already dismissed, they would be soon.

In an interesting twist, Haught noted that New Martinsville Police Department Patrolman Friend Estep arrested Nottingham for second offense shoplifting Monday night. They now believe that should be a third-offense charge, a felony. Her attorney, Roger Weese, said, “My client steadfastly denies the shoplifting charge.” At any rate, it was not a matter to be taken up in court at that time.