Nobile Pleads Guilty To Fatal DUI
Two pleas and a sentence modification were heard among others in Wetzel County Circuit Court Monday with Judge Mark A. Karl presiding.
Joseph “Joe” Charles Nobile, 54, of Crows Run, Reader, remains in the Northern Regional Jail for sentencing following his guilty plea entered on Monday. Nobile pleaded guilty by way of information to driving under the influence of alcohol and drugs causing death. A pre-sentencing report is to be performed and filed in time for Nobile’s return date set for Sept. 17 at 10 a.m. As of Monday Nobile has served 93 days in jail.
At about 5 a.m. May 9 the truck Nobile was driving went off of Wetzel-Tyler Ridge approximately eight miles from New Martinsville and four miles from Chiselfinger Ridge. The truck landed on its side after an approximately 25-foot drop, resulting in the death of 17-year-old Ariel Brianne Bradley of Reader, a passenger. She was pronounced dead at the scene when authorities arrived. The criminal complaint filed by Wetzel County Sheriff’s Deputy Rob Scott says Nobile had consumed Xanax and hydrocodone along with alcohol, something the drug packaging warns against.
Thomas M. Smith, 20, of 20 Steelton Street, New Martinsville, also pleaded guilty to count one of his indictment: felony nighttime burglary. Pursuant to his plea agreement, all other charges are to be dismissed, though he is ordered to pay restitution to Jennifer Butler for $1,000, the total amount of money stolen from her Jan. 19-22. The state recommends Smith be treated as a youthful offender and attend the Anthony Center. However, a pre-sentencing report must be performed. Adult Probation Officer John Lantz will have the report filed by Smith’s sentencing date scheduled for Sept. 17 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 the 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.
Linda Fordyce, 52, of P.O Box 195, Hundred, was present as her Rule 35 sentence modification request was granted. Fordyce was released and put on one year’s supervised probation following 180 days served in the West Virginia Penitentiary for Women.
On Feb. 5 Fordyce pleaded guilty to the felony offense of possession of a controlled substance (marijuana) with the intent to deliver and was sentenced to one to five years in the West Virginia State Penitentiary for Women with credit for time served. She was also given the opportunity to file a Rule 35 sentence modification request in six months.
Angela Kristy Higginbotham Morgan, 28, of Rt. 1, Box 23, Folsom, appeared briefly in Wetzel County Circuit Court before Judge Mark A. Karl. Her attorney, Jeremiah Gardner,, informed the court that a plea offering was extended and that Morgan was willing to accept the agreement, however needed time to review the details. Judge Karl set a plea date for Aug. 25 at 1:30 p.m. Until then her bond continues.
Morgan received a three-count indictment for her offenses said to have occurred between Aug. 1-14, 2009, 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.
Hugh Dean Morgan, 69, of P.O. Box 101, Jacksonburg, was also offered a plea agreement and requested more time before making a plea. Morgan is scheduled to enter a plea Aug. 25 at 1:30 p.m. His bond continues.
On May 26 Morgan had the court enter a plea of innocence on his behalf for his three-count indictment for 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.
Nicholas Chad Fletcher, 31, of P.O. Box 245, Littleton, was picked up on his capias warrant and appeared before Judge Karl in Wetzel County Circuit Court on Monday. Wetzel County Prosecutor Tim Haught stated not much has been accomplished from the time of Fletcher’s arraignment to his fleeing, and requested the court set a date for a voluntariness hearing. Fletcher was remanded to the Northern Regional Jail until his return date on Aug. 25 at 1:30 p.m.
On July 14 Fletcher failed to appear to his status hearing and as such a capias warrant was issued for his arrest. Wetzel County Prosecutor Tim Haught commented that while he did not know where Fletcher was, Haught had received a fax from Monongalia County that said Fletcher was charged in that county. Furthermore, it was his understanding that Fletcher was out on bond. The state moved for the capias warrant in light of the fact that Fletcher is charged with a malicious wounding in Monongalia County.
On June 16 Fletcher had the court enter innocent pleas for his four-count indictment. In what is alleged to be a cohort case, Fletcher is charged with the same offenses as William Carmen Hadley, 41, of P.O. Box 83, Hundred. On or about Feb. 9 Fletcher and Hadley allegedly committed the felony offense of nighttime burglary (counts one and three) for breaking into the residences of Thelma Hunt of Burton and Cody Nichole Sturm of Hundred.
Counts two and four charge Fletcher and Hadley with the misdemeanor offense of petit larceny. Count two charges the two men with stealing medications belonging to Thelma Hunt, and count four charges them with steeling a Ruger Model 860 44 magnum revolver belonging to Cody Nichole Sturm.
James Matthew Doty, 25, no address given, was present in Wetzel County Circuit Court for a hearing before Judge Karl. However, Doty’s attorney, David C. White, was not present and Doty stated he’d tried to get in touch with White with no luck. Wetzel County Prosecutor Tim Haught then noted the last he’d spoken with White there were some outstanding matters of discovery in the case. Judge Karl passed the case to Aug. 18 at 1:30 p.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.
Rodney Lee Nolan, 24, of HC 62, Box 50A, Burton, was scheduled to proceed with a voluntariness and suppression hearing. However Nolan abruptly requested a new attorney. Karl told Nolan to submit a letter and had all witnesses-four from the state and three from the defense-ordered to return along with Nolan Aug. 25 at 1:30 p.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.