Docket Day Addresses Many Circuit Court Cases
Judge Mark A. Karl presided over the many present for September term’s criminal trial docket day held Sept. 15 in Wetzel County Circuit Court.
Michael R. Alleman, 38, of 45524 Th. 2211, Clarington, must further await a decision regarding his Rule 35 sentence modification request following his hearing on Wednesday. Attorney Roger Weese addressed the court noting Alleman has completed many programs and has earned several certificates. Weese underlined that his client has made restitution and has shown extreme remorse for his acts. Weese further reiterated Alleman has a family and six children who need his support and has a job waiting for him should he be granted home confinement or alternative sentencing. The state stood firm on its objection to the Rule 35 request and Judge Karl stated he would take additional time to rule on the case. Alleman is remanded to the Northern Regional Jail until Oct. 4 at 10 a.m.
Alleman pleaded guilty to grand larceny at his hearing on Feb. 5 and was sentenced March 5 to one to 10 years in the West Virginia State Penitentiary for Men with credit for 150 days served. He was also ordered to pay $795 restitution and court costs.
Between July 25 and 26, 2009, Alleman and a female subject came to Bridgeport Equipment and Tools on three separate occasions and carried away a John Deere tractor Model LA 105, Serial No. GX A 105A225685, a John Deere tractor Model X300, Serial No. M0X300C042934, and a John Deere tractor Model X540, Serial No. M0X540A043148, each having a value of more than $1,000, belonging to Bridgeport Equipment and Tools in New Martinsville. The female subject cooperated fully while Alleman alluded the police upon a police pursuit.
James R. Bradley, 39, of HC 60, Box 18, Reader, was in Wetzel County Circuit Court to continue his present case as well as be presented with a new one-count indictment for failure to pay support to a minor. Judge Karl appointed the Public Defenders Corporation to Bradley for legal counsel. As Jeremiah Gardner is representing Bradley in his continuing case, Gardner will most likely remain his counsel.
A plea agreement is in the works for Bradley’s previous charges of wanton endangerment in Wetzel County. Gardner stated he needed more time to obtain the transcript from the federal plea hearing as it wasn’t available yet. Bradley is remanded to the Northern Regional Jail and will return Sept. 29 at 1:30 p.m. to address both cases.
On May 26 the court entered a plea of innocence on his behalf regarding his three-count indictment from Wetzel County said to have occurred on or about Jan. 31. All counts are felony charges of wanton endangerment involving a firearm wherein he allegedly pointed a firearm at Deputy R. L. Scott Jr., Deputy M. L. Koontz, and Deputy R. L. Hayes.
Bradley pleaded in federal court in Wheeling for his offenses on or about Feb. 1 wherein Bradley, having been previously convicted of a crime punishable by imprisonment for at least one year, conspired to commit aggravated assault, and performed aggravated assault by a firearm. Bradley was also federally indicted and pleaded to possession of a sawed-off shotgun, which was not registered to him in the National Firearms Registration and Transfer Record, on or about Feb. 1.
In other matters the state requested a trial date be set for Nicholas Chad Fletcher, 31, of P.O. Box 245, Littleton, as an agreement has still not been made. Before trial, however a voluntariness hearing was set for Oct. 20 at 1:30 p.m. Fletcher is remanded to the Northern Regional Jail until that time.
On June 16 Fletcher had the court enter innocent pleas on all four counts of his indictment for his offenses said to be partnered with William Carmen Hadley’s charges. 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.
On July 14 it was made known in Wetzel County Circuit Court that Fletcher is also charged with malicious wounding in Monongalia County.
On the other hand William Carmen Hadley, 41, of P.O. Box 83, Hundred, has reached an agreement with the state regarding his four-count indictment. Judge Karl set a plea date for Oct. 29 at 1:30 p.m.
On May 26 Hadley entered innocent pleas on all four counts of his indictment for the same offenses as those of Nicholas Chad Fletcher.
James Matthew Doty, 25, no address given, appeared before Judge Mark A. Karl along with Attorney David White, standing in for Attorney Kevin Neiswonger. It was made known a plea agreement has been offered, however Doty needs additional time to consider the agreement. Doty’s bond continues until his return date Oct. 4 at 10 a.m.
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.
Two defendants failed to appear on docket day. Christina K. Rexroad, 31, of Rt. Box 132, New Martinsville, failed to appear in Wetzel County Circuit Court to which Gardner stated he’s not been able to contact Rexroad relative to the scheduled hearing. The state had no objection in setting a return date. Judge Karl set the matter for Sept. 29 at 1:30 p.m.
Rexroad pleaded guilty by way of a plea agreement to eight misdemeanor counts of animal cruelty in Wetzel County Magistrate Court in connection with the conditions at her farm located approximately four miles from New Martinsville on Whiteman Hill. Six horses and two cows were found on July 23 to have no clean water, food, or shade. Also, the cows were standing in approximately 18 inches of “muck”, according to the complaint.
For each of the eight counts Rexroad was ordered to pay $160.80 costs as well as restitution to the county, to be determined. She was also sentenced to 30 days in the Northern Regional Jail for each count, with a stay of execution for 60 days to petition in circuit court for alternative sentencing. Prosecutor Tim Haught said the agreement is for her to serve two years probation in lieu of the jail time. If she would violate probation, then she would be facing eight months in jail. Also, she cannot possess any animals other than her household pets for five years. Eight felony counts of cruelty to animals were dismissed.
Meanwhile a capias warrant continues for Steven E. Straight, 53, of 10495 Mason Dixon Highway, Burton, after not appearing yet again for Docket Day.
Straight was served an indictment for his one-count charge said to have occurred on or about April 26, 2009, wherein Straight allegedly 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.
Lastly, Douglas Shane Steele, 23, of HC 61, Box 62, New Martinsville, has finally made restitution in his case for windows he had broken during an alleged burglary and breaking and entering. While Steele was not present in circuit court, Judge Karl dismissed his case with prejudice pursuant to Steele’s plea agreement
At his hearing on July 14, 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.
As part of the planned arrangement, Steele would be released of his indictment for helping to convict another individual.
Steele was 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.