Newly Indicted Defendants Appear In Court
Many new indictment cases were heard for formal arraignments in Wetzel County Circuit Court’s Docket Day held Thursday with Judge David W. Hummel Jr. presiding.
Hugh Dean Morgan, 68, of P.O. Box 101, Jacksonburg, had the court enter a plea of innocence on his behalf for his three-count indictment. Hummel passed the case on to Judge Karl, and ruled for Morgan’s bond to continue.
Morgan 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.
James R. Bradley, 39, of HC 60, Box 18, Reader, was present on docket day. The court entered a plea of innocence on his behalf regarding his three-count indictment from Wetzel County. It was noted he is also presently under indictments in federal court in Wheeling wherein on or about Feb. 1,
Bradley, having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, to wit: the offense of conspiracy to commit aggravated assault with a means likely to produce grievous bodily harm, and the offense of aggravated assault with a means likely to cause grievous bodily harm, in the United States Army Court of Military Review, did knowingly possess, in and affecting commerce, a firearm. Bradley is also federally indicted for possession of a sawed-off shotgun on or about Feb. 1 which was not registered to him in the National Firearms Registration and Transfer Record. There may be a disposition regarding the federal indictments. Bradley is to return June 9 at 10 a.m. His bond continues at $40,000.
Bradley was served a three-count indictment for his offenses said to have occurred on or about Jan. 31 in Wetzel County. 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.
James Matthew Doty, 25, no address given, entered a plea of innocence to his two-count indictment. Hummel ruled to pass the case for Judge Mark A. Karl, as he will preside over Wetzel County Circuit Court in the near future.
Doty 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, needed more time before entering a formal arraignment regarding his one-count indictment of driving while license suspended or revoked for DUI-third or subsequent offense. He will make a formal arraignment on June 9 at 10 a.m. McCaman is presently out on bond and the state had no objection to the amount of his bond. However Haught stressed item nine of his bond which says McCaman is not to drive a vehicle.
McCaman 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.
Thomas M. Smith, 20, of 20 Steelton Street, New Martinsville, was present without counsel. After some discussion at the bench, it was ruled Smith is eligible for court-appointed counsel and Hummel appointed attorney Brent Clyburn to Smith’s case. Smith is to return June 9 at 10 a.m. A $30,000 personal recognizance bond was issued.
Smith 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.
Douglas Shane Steele, 22, of HC 61, Box 62, New Martinsville, will return June 9 at 9:30 a.m. to make restitution. His case was moved to this term of court due to outstanding issues, however the state believed he would make restitution soon and had no objection to continuing the matter to June 9.
Steele is charged with three counts of delivery of a controlled substance (oxycontin) wherein on or about Oct. 29, 2009, he allegedly intentionally, knowingly, unlawfully, and feloniously delivered oxycontin, a Schedule II controlled substance, which is a narcotic drug, in New Martinsville.
William Carmen Hadley, 41, of P.O. Box 83, Hundred, entered innocent pleas on all four counts of his indictment.
As the matter will continue in Judge Karl’s court a return date was not set. Hadley’s attorney, Jeremiah Gardner, asked that Hadley’s bond be reduced to allow him to be released. Previously Hadley was charged with five offenses and his bond was set at $10,000 each, but he is only indicted with four offenses.
However, the state noted to the court that Hadley is already convicted of two felonies.
Tim Haught reminded those present that a third conviction could put Hadley in jeopardy of a life sentence. Haught went on to say the state believed Hadley to be a flight risk and requested bond be set at $10,000 each. Gardner then argued that Hadley wasn’t a risk, and furthermore didn’t have the means to flee. Hummel ordered a coverall bond of $20,000, and home confinement should Hadley make his bond.
In what is alleged to be a cohort case, Nicholas Chad Fletcher, 31, of P.O. Box 245, Littleton, is charged with the same offenses as Hadley. Fletcher, however, was not present in the courtroom.
His attorney, also Gardner, said he’d not had any contact with Fletcher since the preliminary hearing. It was said Fletcher was released from the Northern Regional Jail on March 11 on a $3,000 bond and no one present in the courtroom knew his whereabouts. A capias warrant was issued and his matter will be addressed once he is in custody.
Hadley and Fletcher 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.
Other capias warrants were issued at Docket Day. Angela Kristy Higginbotham, 27, of Rt. 1, Box 23, Folsom, was not served a summons for Docket Day last Thursday and the state believes she is no longer in Wetzel County. A capias warrant was issued and she will be put on the docket once she is found.
Higginbotham received 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.
Steven E. Straight, 53, of 10495 Mason Dixon Highway, Burton, was not served his summons to Docket Day. A capias warrant was issued and he will be put on the docket as soon as he his apprehended.
Straight 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.
Robert Eugene Morgan, 19, of 1374 Thorn Ridge Rd., Friendly, failed to appear for his hearing on Thursday. A capias warrant was also issued.
Per his sentencing, Morgan was put on two year’s supervised probation with Adult Probation Officer John Lantz on Feb. 4 after spending time in the Anthony Center for Youthful Offenders. Morgan illustrated exemplary behavior at the center, earning his GED and certificate in welding.
Morgan was indicted on one count of attempted entry of a building other than a dwelling, in which it is alleged on Nov. 18, 2007, he attempted to break into Norris Pharmacy in Pine Grove with intent to commit a larceny.
Morgan was sentenced to one to three years in the West Virginia Penitentiary for Men, then that sentence was suspended and he was ordered to the Anthony Center for Youthful Offenders for a period of six months to two years. Upon successful completion of the program, he would be placed on probation.