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Court Enters Innocent Plea In Morgan Case

By Staff | Jul 20, 2010

BY MIRANDA STOKES

Staff Writer

Angela Kristy Higginbotham Morgan, 28, of Rt. 1, Box 23, Folsom, appeared in Wetzel County Circuit Court before Judge Mark A. Karl July 14 for her arraignment. The court entered a plea of innocence on her behalf on her three-count indictment and a return date was set for Aug. 9 at 10 a.m. Her bond continues.

Morgan 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 Morgan 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.

Count three charges Morgan 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 a firearm which created a substantial risk of death or serious bodily injury to another when she allegedly pointed a firearm at the same minor child named in counts one and two of Morgan’s indictment.

Douglas Shane Steele, 23, of HC 61, Box 62, New Martinsville, was present for a status hearing alongside Attorney David C. White who was filling in for Kevin Neiswonger who was presently in trial and unable to appear in Wetzel County Circuit Court. Wetzel County Prosecutor Tim Haught shared with the court that an agreement for dismissal of Steele’s case was planned as soon as restitution in the amount of $1,700 was made for windows Steele had broken during an alleged burglary and breaking and entering.

As part of the planned arrangement, Steele would be released of his indictment for helping to convict another individual. Attorney White stated Steele was cashing annuity and that those funds should be available in the next few days. Judge Karl ruled to continue the case Aug. 19 at 1:15 p.m. Steele’s bond continues.

Steele is charged with three counts of delivery of a controlled substance (oxycontin) wherein on or about Oct. 29, 2009, Steele delivered in New Martinsville oxycontin, a Schedule II controlled substance, which is a narcotic drug.

Wayne A. McCaman, 46, of 46 Anson Street, Apt. 4, New Martinsville, appeared before Judge Karl for a preliminary hearing regarding his one-count indictment. His attorney, Jeremiah Gardner, stated McCaman is dealing with medical issues, particularly cancer treatment, and indicated he needed more time to discuss negotiations with the state. Judge Karl continued the case for Aug. 19 at 1:15 p.m. McCaman continues to be free on bond.

The court entered an innocent plea to McCaman’s one-count indictment of driving while license suspended or revoked for DUI-third or subsequent offense on June 16. His charge is said to have occurred on or about April 14 wherein McCaman unlawfully operated a motor vehicle in an inebriated state upon a public highway (Ironton Street and Mound Street in New Martinsville) when his privilege to do so had been suspended or revoked for DUI.

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.

Rodney Lee Nolan, 24, of HC 62, Box 50A, Burton, was scheduled to proceed with a voluntariness and suppression hearing. However it was determined his attorney, Gardner, needed more time to set the hearing and a return date was set for Aug. 9 at 10 a.m. Nolan’s bond continues.

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 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 breaking and entering the residence of William Lane and Sandra Lane located on Long Drain Earnshaw Road. Count three charges Nolan with breaking and entering the residence of Millar P. Cayavec located on Higginbotham Run Road in Wetzel County.

James Matthew Doty, 25, no address given, was present in Wetzel County Circuit Court for a preliminary hearing before Judge Karl. Doty’s attorney David C. White and the state have been in discussion but both parties need further matters of discovery. Therefore, a return date was set for Aug. 9 at 10 a.m. Doty’s bond continues.

On May 26 Doty entered a plea of innocence to his 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 the signature of 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. Count two charges Doty with the felony offense of uttering by attempting to employ as true the said check when Doty knew the said check was forged.

Hugh Dean Morgan, 69, of P.O. Box 101, Jacksonburg, was present for a preliminary hearing in Wetzel County Circuit Court alongside his attorney, Gardner. Haught stated he needed Gardner to file a response to his discovery request and therefore Judge Karl set a return date for Aug. 9 at 10 a.m. Morgan’s bond continues.

On May 26 Morgan had the court enter a plea of innocence on his behalf for his 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 pointed a firearm at Stephen Edward Richardson and struck 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, having been convicted of one count of driving under the influence of alcohol, third offense, on or about March 19, 2003, unlawfully possessed a firearm.

Count three indicts Morgan with the misdemeanor offense of domestic battery in that he struck his step-son, Stephen Edward Richardson, on the head with a firearm.

Last on the docket, Thomas M. Smith, 20, of 20 Steelton Street, New Martinsville, stood before Judge Karl for a preliminary hearing. His attorney, Brent Clyburn, who was tied up in another case, eventually made it to Judge Karl’s courtroom.

Wetzel County Prosecutor Tim Haught said he and Clyburn were in discussion about a resolution to Smith’s case. Judge Karl set a return date for Aug. 9 at 10 a.m. Smith’s bond continues.

On June 16 the court entered a plea of innocence on his behalf to his 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 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 steal cash in the amount of $300, $300, and $400 (respectively to counts two, four, and six) belonging to Jennifer Butler.