Judge Invokes Nottingham’s Original Sentence
Judge David Hummel Jr. heard over a dozen cases in Wetzel County Circuit Court Friday. The majority were plea agreements while others were formal arraignments.
A surprise ruling came for Cynthia Longwell Nottingham, 34, of Court Street, Middlebourne, when while she planned for a motion to revoke probation, Hummel remanded her to her original sentencing of two years for arson and two-10 years for misuse of funds of an elder person.
While charges against her in Ohio County were dropped, previous charges include admitting to setting fire to her own home while her children were in the building and pleading guilty to the misuse of funds of an elder person. Her original sentencing had been suspended and she was placed on three years supervised probation.
Friday Nottingham faced charges of shoplifting, trespassing, and failure to appear. Nottingham claims she does not remember the shoplifting incident due to her prescription medications. However, security video and witnesses proved she entered Witschey’s Food and Pharmacy in New Martinsville in an intoxicated or stoned manner and retrieved items and put them in her jacket. She was also seen stumbling and falling down as if she were not of a sound, sober state. Nottingham did put the items back, however, and when worried that she might be in trouble, she attempted to exit through a back door clearly labeled for employees only.
Nottingham admitted to shoplifting and trespassing, but refused to admit to the failure to appear charge as she states she was never notified of the court date. The state argued she was properly notified. In arguing sentencing, Nottingham continued to plead she had done three months in jail and has a job to return to. She also stated she had learned her lesson.
“It’s hard to conceive she was taking her medications as prescribed,” said Wetzel County Prosecutor Tim Haught. “Based upon her track record with probation, it’s the state’s position she be remanded to serve her original sentence. Her overall conduct has been poor-probation is not appropriate.”
“You’ve become a menace to yourself-it stops here,” stated Judge Hummel disappointedly.
Howard P. Mackey Jr., 40, of Post Office Box 195, Hundred, and Linda Fordyce, 52, of P.O Box 195, Hundred, both pleaded guilty to the felony offense of possession of a controlled substance (marijuana) with the intent to deliver. The co-defendants were sentenced to one to five years in the West Virginia State Penitentiary with credit for time served and given opportunity to file a Rule 35 sentence modification request in six months. If granted sentence modification, they will then serve probation for one year. Mackey and Fordyce are also ordered to pay all court costs.
The couple requested two weeks to get their affairs in order at home. Hummel granted a two-week stay of execution of sentencing and ordered they report to the Northern Regional Jail by noon on Feb. 19.
Mackey and Fordyce both previously pleaded innocent to the felony offense of possession of a controlled substance (marijuana) with the intent to deliver to have allegedly occurred on or about July 21 wherein officers traveled Brown’s Run in Wetzel County and discovered the defendants in two vehicles parked facing each other. Upon approach the officers smelled marijuana and saw an object fly out of a vehicle window. The officers then retrieved the projected object-a pipe-along with roughly 50 grams of marijuana from the vehicle packaged in small individual bags.
Daniel Todd Hunter, 45, of HC 61 Box 99, Littleton, pleaded guilty to count two of his two-count indictment. He admitted to grand larceny and per his plea agreement, count one was dropped. Hummel sentenced Hunter to one to 10 years with credit for time served in the West Virginia State Penitentiary for Men and to pay all court costs and restitution to the victim, Peter Parker. However, the matter of restitution is still under determination and therefore Hummel ordered a stay of execution of sentencing until the restitution was paid in full. Hunter will remain on bond until the finances are settled and it was additionally ordered that the restitution be settled by a return date of March 5 at 8:45 a.m.
Hunter previously pleaded innocent to his two-count indictment. Count one is a felony offense of burglary that allegedly occurred in September 2008 in which Hunter broke into the residence of Peter Parker located near Littleton. Count two is grand larceny of $1,000 of goods belonging to Peter Parker. Goods stolen included car batteries, ammo, chain-saws, and a 1982 Ford F-150 truck, among other things.
When asked why he stole the items, Hunter replied defeatedly, “Hard times. And it looked like the property was abandoned.”
Michael R. Alleman, 37, of 45524 Th. 2211, Clarington, also pleaded guilty to grand larceny. Although he had not been formally arraigned, he pleaded guilty to count one; counts two and three of grand larceny were dropped as per the plea agreement. He is ordered to pay all court costs as well as repay the impoundment fee and $511.84 for the repair of one of the tractors stolen.
Alleman was ordered to serve one to 10 years in the West Virginia State Penitentiary for Men, however dispute over sentencing broke out between the legal representatives. Hummel then ruled for Adult Probation Officer John Lantz to compile a report on Alleman. Based on that report, as well as arguments from all parties, Hummel will sentence accordingly. Lantz’s pre-sentence report is due by March 5 at 8:30 a.m., when all parties must return for sentencing.
Between July 25 and 26, 2009, Alleman and a female subject came to Bridgeport Equipment and Tools on three separate occasions and carried away a John Deere tractor Model LA 105, Serial No. GX A 105A225685, a John Deere tractor Model X300, Serial No. M0X300C042934, and a John Deere tractor Model X540, Serial No. M0X540A043148, each having a value of more than $1,000, belonging to Bridgeport Equipment and Tools in New Martinsville. The female subject cooperated fully while Alleman alluded the police upon a police pursuit. Alleman, with great remorse, said he was very sorry for what he had done.
Stefanie Leann Lucas, 24, of 128 South First Ave., Paden City, pleaded guilty to count one of her two-count indictment. As per the plea agreement, count two was dismissed. She is sentenced to serve one to five years in the West Virginia State Penitentiary for Women with credit for time served (three days) and follow recommendation of the state to be placed on supervised probation for two years.
Lucas previously pleaded innocent to a two-count indictment. The first count was for felony possession of a controlled substance (marijuana) with intent to deliver to have allegedly occurred on Jan. 13. The other indictment was felony possession of a controlled substance (heroin) with intent to deliver, also to have allegedly occurred on Jan. 13.
Matthew Lee Farmer, 18, was in circuit court for a formal arraignment. He entered a plea of innocent to his two felony counts. His trial date was set for April 29 at 8:30 a.m. Pre-trial materials are due March 26 and a mandatory status conference is set for April 2 at 9:30 a.m. His bond was set at $10,000.
Farmer faces two felony counts. Count one is felony offense of nighttime burglary and count two is felony offense of grand larceny. Both counts are alleged to have occurred on or about Oct. 30, 2009, wherein Farmer did allegedly, in the nighttime, intentionally, unlawfully, knowingly, and feloniously break and enter the residence of Dustin Stallings located at 200 North Street, Apartment 402 in New Martinsville. During this alleged nighttime burglary Farmer is also alleged to have knowingly, intentionally, unlawfully and feloniously stolen, taken, and carried away a stereo, computer, and Play Station 2 video gaming console having a cumulative value of more than $1,000 belonging to Stallings.
Cody M. Rine, 22, of HC 60, Box 21C, Reader, was in circuit court for a formal arraignment. The court entered a plea of innocence and a trial date was set for April 29. Pretrial materials are due March 26 and a mandatory status conference is set for April 2.
Rine is charged with a two-count indictment. Both counts are alleged to have occurred on or about Sept. 24, 2009. Count one is felony offense unlawful assault against a person who is 65 years of age or older wherein Rine unlawfully, intentionally, feloniously, and knowingly, caused bodily injury to Forrest L. Tennant, a person who was 65 years of age or older, with the intent to maim, disfigure, disable, or kill the said Forrest L. Tennant by hitting him in the face with his hand. Count two is felony offense attacking, hindering, or obstructing a firefighter in that he unlawfully, intentionally, feloniously, and knowingly, hindered, obstructed, or opposed a firefighter, Forrest L. Tennant, while the said firefighter was lawfully exercising or discharging his official duty during an emergency, by striking Forrest L. Tennant in the face with his hand, thereby causing the firefighter to be delayed and removed from his emergency vehicle.
Jason Ray Hendershot, 21, of 108 Miller Street, Apt. 5, Paden City, was also in court for an arraignment on his one-count indictment. The court also entered a plea of innocence on his behalf and a trial date is set for May 3 at 8:30 a.m. as case number two. All pretrial documents are due by March 26 and a return date is set for April 2 at 10 a.m. The bond set in Magistrate Court will continue.
Hendershot was handed a one-count indictment for delivery of a controlled substance (oxycontin) to have allegedly occurred on or about Oct. 29, 2009. Hendershot is charged with intentionally, knowingly, unlawfully, and feloniously delivering oxycontin, a Schedule II controlled substance, which is a narcotic drug.
Kathleen A. Whitehair, 45, of HC 62 Box 67-A, Burton, was in circuit court to request her case be continued. She was to go to trial Feb. 7. However, additional matters of discovery were attained after the pre-trial due date and her attorney asked for a motion to continue working on the case. Hummel granted the motion and rescheduled her trial for May 3 at 8:30 a.m. Pretrial materials are due by March 26 and a mandatory status conference is set for April 2 at 9:45 a.m. Whitehair’s bond continues.
Whitehair pleaded innocent to a one-count indictment of felony delivery of a controlled substance (cocaine) that allegedly occurred on April 26.