A husband and wife are back behind bars as their probation sentences were revoked in Wetzel County Circuit Court on May 5 with Judge David Hummel Jr. presiding.

Joseph Daniel Wade, 24, of 604 Foundry St., New Martinsville, and Jennifer S. Wade, 30, of 703 Park Ave., Apartment 1, New Martinsville, had their original sentences reinstated following their admitted probation violations. Joseph Wade was sentenced to one to 15 years in the West Virginia State Penitentiary for Men with credit for 90 days served. This original sentence was ruled on Feb. 6 for delivery of a controlled substance (hydrocodone). Jennifer Wade was sentenced to one to five years in the West Virginia State Penitentiary for Women with credit for 20 days served.

Joseph Wade was arrested on March 22 for the felony offense of conspiracy to deliver heroin. “I was setting up Rebecca Beltran to take her money. I didn’t have drugs, I was just trying to get her money so I could buy drugs for myself,” said Joseph Wade. The intended drug sell was in fact a controlled buy, with Beltran as a cooperative individual. On March 24 he was screened for drugs and the results on March 30 showed he tested positive for opiates. On April 1 it was confirmed the substance he took was morphine, for which he did not have a prescription.

On Feb. 6, 2009, Wade was sentenced to one to 15 years for delivery of a controlled substance (hydrocodone).

Jennifer Wade was also arrested on March 22 for the same offense as her husband and similarly tested positive for the opiate morphine. However, this companion charge was dismissed.

Jennifer Wade tested positive for marijuana by a random drug screening conducted by her adult probation officer, John Lantz, on May 27, 2009. She was on two years of supervised probation at that time for delivery of a controlled substance (hydrocodone) and ordered to serve 20 days in jail for her probation violation. She was then to continue serving her probation.

The original charge was that on Oct. 16, 2008, a confidential informant working with the New Martinsville Police Department arranged to purchase six hydrocodone pills from Joseph and Jennifer Wade.

Hummel warned that a Rule 35 motion (sentence modification) was highly unlikely after this point.

Jason Ray Hendershot, 21, of 108 Miller Street, Apt. 5, Paden City, pleaded guilty to his one-count felony offense of delivery of a controlled substance (oxycontin). Judge Hummel sentenced Hendershot to one to 15 years in the West Virginia State Penitentiary for Men with credit for one day served, however Hummel suspended incarceration for alternative sentencing.

Treated as a youthful offender, Hendershot will be admitted to the Anthony Center to complete its program which takes six months to two years to complete. Following completion of the program Hendershot will be placed on supervised probation for two years. However, it was said the Anthony Center is presently full, so Hummel additionally ordered Hendershot’s bond to continue until there is a space open at the center. During this waiting period Lantz will perform a pre-sentence investigation to submit to the Anthony Center. Hendershot is also to pay all court costs.

Wetzel County Prosecutor Tim Haught heeded to Hendershot that while he is “at large” in this waiting period he is to act accordingly. Lantz will supervise Hendershot during this waiting period, however one “hiccup” could put Hendershot before the court for a revocation hearing before his sentence begins. The Paden City Police Department was also notified of Hendershot’s sentence. “We want you to get to the Anthony Center and be successful,” Hummel concluded.

Hendershot’s felony offense occurred on or about Oct. 29, 2009, on the Wetzel County side of Paden City. Hendershot intentionally, knowingly, unlawfully, and feloniously delivered oxycontin, a Schedule II controlled, narcotic substance to two individuals in a vehicle. The Paden City Police Department witnessed the encounter and made a traffic stop, recovering the drug and an identification of Hendershot as the deliverer of five round, yellow tablets marked “OC 40 mg.” Hendershot was taken into custody wherein he voluntarily confessed.

Jashwa Lee Adams, 21, of P. O. Box 57, Jacksonburg, was present for probation revocation, as Adams has allegedly tested positive for marijuana. However, he waived his right to a preliminary hearing and requested a return date. Hummel granted the motion and the case will now enter the adjudication phase. Tim Haught stated the drug test results and other details need to be completed and worked out, including setting up video or telephone conferencing for a witness from outside of the state. A return date was set for May 20 at 9 a.m., with any necessary additional accommodations for the video or telephone conference. Adams’ supervised probation terms continue.

On March 23, 2009, Adams pleaded guilty to felony possession of a controlled substance (marijuana) with intent to deliver. Adams was granted probation through a Rule 35, reduction in sentence, motion after serving 120 days of his original sentence. On Dec. 29, 2009 Adams stated he can’t control himself in regard to abusing drugs and said even when he was in prison he found access to drugs.

Jack D. Keys, 50, of P.O. Box 764, New Martinsville, was present for a status conference. Keys’ matter has been continued due to an issue with his indictment. His attorney, Brian Carr, brought the issue to Tim Haught’s attention, wherein Haught explained to the court that the term “child abuse” actually requires an injury to the child under Keys’ particular statute. “Fortunately, under the facts of this case, no one received any physical injury and the state has not received a complaint of emotional injury,” Haught said. Under the circumstances the state agreed with Carr and moved to remove counts three and four of the indictment: felony child abuse by creating a risk of serious bodily injury or death by fleeing from a law enforcement officer in a motor vehicle while driving under the influence of alcohol.

Regarding counts one and two of Keys’ indictment, the state has tendered a plea agreement which needs time for discussion. Keys waived his right to a speedy trial and is to return May 20 at 8:45 a.m. to enter a plea or set a trial date.

Keys now faces a two-count indictment: count one, felony fleeing from an officer while under the influence; and count two, misdemeanor second-offense driving under the influence of alcohol. Both offenses allegedly occurred on July 31 in Wetzel County.

Rodney Lee Nolan, 24, of HC 62, Box 50A, Burton, was in Wetzel County Circuit Court for a status conference. A psychological evaluation was completed and submitted, however his attorney, Jeremiah Gardner, expressed they were waiting for a cross evaluation report from Chestnut Ridge and requested the case be continued until such information was attained. With no objections Nolan is to return May 20 at 9:15 a.m.

Nolan is indicted on three counts of burglary. The three counts are alleged to have occurred between Oct. 1 and Nov. 1, 2008. Count one charges Nolan with intentionally, unlawfully, knowingly, and feloniously breaking and entering the residence of Clint. W. Jones located on County Route 66, commonly known as Harker Run Road in Wetzel County. Count two charges him with intentionally, unlawfully, knowingly, and feloniously breaking and entering the residence of William Lane and Sandra Lane located on Long Drain Earnshaw Road. Count three charges Nolan with intentionally, unlawfully, knowingly, and feloniously breaking and entering the residence of Millar P. Cayavec located on Higginbotham Run Road in Wetzel County.