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Grand Jury Indicts Nine Defendants

By Staff | May 19, 2010

Wetzel County grand jurors returned 27 true bills against nine defendants during the May grand jury session held May 12. Nighttime burglary and wanton endangerment involving a firearm were prominent offenses indicted this term.

Thomas M. Smith, 20, of 20 Steelton Street, New Martinsville, was handed a six-count indictment for his offenses said to have occurred between Jan. 19-22. At a time separate from any other count of nighttime burglary contained in this indictment, counts one, three, and five charge Smith with the felony offense of nighttime burglary in that he did, in the nighttime, break and enter the dwelling house of another, with intent to commit a crime therein, to-wit: Smith did, in the nighttime, intentionally, unlawfully, knowingly, and feloniously enter the residence of Jennifer Butler located at 22 Steelton Street, New Martinsville.

Counts two, four, and six charge Smith with the misdemeanor offense of petit larceny in that he did commit simple larceny of goods or chattels of the value of less than $1,000, to wit: Smith did knowingly, intentionally, and unlawfully steal, take, and carry away cash in the amount of $300, $300, and $400 (respectively to counts two, four, and six) belonging to Jennifer Butler with the intent to permanently deprive Butler of said cash.

Similarly, Nicholas Chad Fletcher, 31, of P.O. Box 245, Littleton, and William Carmen Hadley, 41, of P.O. Box 83, Hundred, were handed a four-count indictment each for their offenses said to have occurred on or about Feb. 9. Counts one and three charge Fletcher and Hadley with the felony offense of nighttime burglary in that they did, in the nighttime, break and enter the dwelling house of another, with intent to commit a crime therein, to-wit: Fletcher and Hadley did, in the nighttime, intentionally, unlawfully, knowingly, and feloniously break into the residences of Thelma Hunt located in Burton and Cody Nichole Sturm located in Hundred.

Counts two and four charge Fletcher and Hadley with the misdemeanor offense of petit larceny in that they did commit simple larceny of goods or chattels of the value of less than $1,000 to-wit: regarding count two Fletcher and Hadley did willfully, knowingly, intentionally, and unlawfully steal, take, and carry away medications belonging to Thelma Hunt, with the intent to permanently deprive the owner of said goods. Regarding count four Fletcher and Hadley did knowingly, intentionally, and unlawfully steal, take, and carry away a Ruger Model 860 44 magnum revolver belonging to Cody Nichole Sturm with the intent to permanently deprive the owner of said firearm.

Hugh Dean Morgan, 68, of P.O. Box 101, Jacksonburg, received a three-count indictment for his offenses said to have occurred on or about March 19. Count one indicts Morgan with the felony offense of wanton endangerment Involving a firearm in that he did wantonly perform any act with a firearm which created a substantial risk of death or serious bodily injury to another, to-wit: Morgan did intentionally, unlawfully, wantonly, and feloniously point a firearm at Stephen Edward Richardson and strike him with the same weapon.

Count two indicts Morgan with the misdemeanor offense of possession of a firearm by a convicted felon in that he did possess a firearm and that at the time he possessed such firearm, he had been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, to-wit: Morgan, having been convicted of one count of driving under the influence of alcohol-third offense, on or about March 19, 2003, did knowingly, intentionally, and unlawfully possess a firearm.

Count three indicts Morgan with the misdemeanor offense of domestic battery in that he did unlawfully and intentionally strike his step-son, Stephen Edward Richardson, on the head with a firearm, thereby causing physical harm to his said step-son.

Similarly, James R. Bradley, 39, of HC 60, Box 18, Reader, was served a three-count indictment for his offenses said to have occurred on or about Jan. 31, 2010. Counts one through three are charges of the felony offense wanton endangerment involving a firearm in that he did wantonly perform any act with a firearm which created a substantial risk of death or serious bodily injury to another, to-wit: Bradley did intentionally, unlawfully, wantonly, and feloniously point a firearm at Deputy R. L. Scott Jr., Deputy M. L. Koontz, and Deputy R. L. Hayes, thereby creating a substantial risk of death or serious bodily harm to said victims.

Angela Kristy Higginbotham, 27, of Rt. 1, Box 23, Folsom, was handed a three-count indictment for her offenses said to have occurred between Aug. 1-14, and on or about Aug. 25, 2009. At a time separate from any other charge of sexual assault in the third degree contained in this indictment, counts one and two charge Higginbotham with the felony offense of sexual assault in the third degree in that she, being 16 years old or more, did engage in sexual intercourse or sexual intrusion with another person who was less than 16 years old and who was at least four years younger than the defendant and was not married to the defendant, to-wit: Higginbotham, whose date of birth is June 4, 1982, did unlawfully, intentionally, knowingly, and feloniously engage in sexual intercourse with a minor child whose date of birth is Aug. 14, 1994, and who was not married to the defendant.

Count three charges Higginbotham with the felony offense of wanton endangerment involving a firearm in that on or about Aug. 25, 2009, she did wantonly perform any act with firearm which created a substantial risk of death or serious bodily injury to another, to-wit: Higginbotham did intentionally, unlawfully, wantonly, and feloniously point a firearm at the same minor child named in counts one and two of Higginbotham’s indictment.

In other matters, James Matthew Doty, 25, no address given, received a two-count indictment for his charges said to have occurred between April 11 and 12, wherein Doty committed the felony offense of forgery (count one) by forging any writing, to the prejudice of another’s right, to-wit: Doty did unlawfully, feloniously, and with the intent to defraud, forge the signature of another person, Dona Neely, to check number 333 issued by the said Doty on the Peoples Bank National Association account of Northern Mountain State Metals, Inc., and made payable to Cash in the amount of $300, which was cashed at Peoples Bank in New Martinsville to the prejudice of the rights of Dona Neely dba Northern Mountain State Metals, Inc., Peoples Bank National Association and Peoples Bank in New Martinsville.

Count two charges Doty with the felony offense of uttering by uttering or attempting to employ as true a forged writing, knowing it to be forged, to-wit: Doty did intentionally, knowingly, unlawfully, and feloniously utter and employ as true, Peoples Bank National Association check number 333 issued on the account of Northern Mountain State Metals, Inc., and made payable to Cash in the amount of $300, by tendering the said check to Peoples Bank in New Martinsville, and offering the same as true, to the prejudice of the rights of Dona Neely dba Northern Mountain State Metals, Inc., Peoples Bank National Association and Peoples Bank in New Martinsville, when Doty knew that said check was forged.

Wayne A. McCaman, 46, of 46 Anson Street, Apt. 4, New Martinsville, was handed an indictment for his one-count charge said to have occurred on or about April 14 wherein McCaman committed the felony offense of driving while license suspended or revoked for DUI-third or subsequent offense in that he did unlawfully operate a motor vehicle in this state upon a public highway when his privilege to do so had been suspended or revoked for DUI, to wit: McCaman did unlawfully, intentionally, feloniously, and knowingly operate a motor vehicle on Ironton Street and Mound Street in New Martinsville.

McCaman was previously convicted of the offense of driving suspended for DUI in the Magistrate Court of Wetzel County on or about Nov. 26, 2001, and Jan. 22, 2004, and in the Magistrate Court of Tyler County on or about Jan. 15, 2004.

Lastly, Steven E. Straight, 53, of 10495 Mason Dixon Highway, Burton, was served an indictment for his one-count charge said to have occurred on or about April 26, 2009, wherein Straight committed the felony offense of possession of a controlled substance (marijuana) with intent to deliver in that he did unlawfully possess with intent to deliver, a Schedule I controlled substance, to-wit: Straight did unlawfully, intentionally, knowingly, and feloniously possess marijuana, a Schedule I controlled substance with the intent to deliver the same.