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Defendants Appear In Circuit Court

By Staff | Oct 19, 2010

Nine defendants appeared before Judge Mark A. Karl in Wetzel County Circuit Court Monday afternoon. One new indictee made his first appearance this term and two new indictees entered pleas, while the remaining six appeared only to have their cases swiftly set for hearings next month.

Newman B. Hoover II, 43, formerly of Route 1, Box 105, New Martinsville, and presently of 140 Cecil Meneffe Drive, Moorefield, W.Va., was picked up on his capias warrant shortly after his failure to appear in Wetzel County Circuit Court Oct. 4. As it was his first appearance before Judge Mark A. Karl, Hoover was present without counsel. Karl ordered Hoover to fill out an affidavit and return to enter his plea Nov. 9 at noon. Hoover was remanded to the Northern Regional Jail.

Hoover was handed a six-count indictment for his offenses said to have occurred between Sept. 1 and Dec. 1, 2009, and between April 12, 2008, and April 11, 2009, in Wetzel County.

Count one indicts Hoover with the felony offense of sexual assault in the third degree in that he, being 16 years old or more, allegedly had sexual contact with a female child who was not married to Hoover. Count two charges Hoover with the felony offense of sexual abuse by a custodian in that between Sept. 1 and Dec. 1, 2009 he allegedly engaged in sexual intercourse with a female child under his care, custody, or control. In the same span of time listed in counts one and two, count three alleges that Hoover committed the felony offense of incest in that he did engage in sexual intercourse with a relative.

Said to have occurred between April 12, 2008, and April 11, 2009, counts four, five, and six of his indictment charge Hoover with sexual assault in the third degree, sexual abuse by a custodian, and incest for the same occurrences outlined in counts one through three.

Howard Ray Starkey, 22, of 1026 Third Street, New Martinsville, pleaded innocent to his four-count indictment. After filling out an affidavit at the last hearing it was learned Starkey is no longer eligible for appointed counsel. Starkey stated he plans to hire Attorney Kevin Neiswonger to continue representing him. Starkey’s bond continues until his return date Nov. 9 at noon.

Starkey received a four-count indictment for his offenses said to have occurred between Feb. 15 and March 24 in Wetzel County.

Counts one and three charge Starkey with the felony offense of burglary in that he allegedly entered the residence of Robert and Ruth Starkey located at HC 62, Box 40, Pine Grove, with the intent to commit a crime in two occurrences.

Counts two and four charge Starkey with the felony offense of grand larceny wherein he allegedly stole firearms having a cumulative value of more than $1,000 belonging to Robert Michael King at two separate occasions.

Daniel L. Postlethwait, 25, of 28 Rose Street, Lot 42 South, New Martinsville, posted bond as set at his hearing Oct. 4 and was present Monday along with Attorney Herb John Rogers to enter a plea of innocence to his one-count indictment. Postlethwait’s bond continues until his next hearing Nov. 9 at noon.

Postlethwait received a one-count indictment for his offense said to have occurred during the month of March in Wetzel County wherein he allegedly committed the felony offense of display of obscene matter to a minor in that he displayed such matter to a minor.

Warren Todd Wade, 46, of HC 68, Box 21, Wileyville, was present before Judge Mark A. Karl alongside appointed counsel, Jeremiah Gardner. Gardner was granted more time to look over matters of discovery and a return date is set for Nov. 9 at noon. Wade was remanded to the Northern Regional Jail.

On Oct. 4 Wade entered innocent pleas to a total of 11 indictments this term. Wade received a three-count indictment for his offenses, said to have occurred on or about Sept. 11. Counts one and two of this indictment charge Wade with the felony offense of wanton endangerment involving a firearm in that he allegedly pointed a firearm at Cpl Roger G. Spragg II and Deputy R. L. Scott Jr. in Wetzel County. Count three charges Wade with the misdemeanor offense of possession of a firearm by a convicted felon in that he did possess a firearm and had been convicted of one count of grand larceny during the month of September 2007 in Wetzel County.

In his second indictment, Wade is charged with one count each of the felony offense of sexual assault in the first degree and sexual abuse by a custodian wherein between Jan. 1 and Feb. 28 Wade, being 14 years old or more, allegedly engaged in sexual intercourse with a female child, who was younger than 12 years old and was not married to Wade. Count two of the indictment alleges that between the same span of time Wade engaged in sexual intercourse with a female child under his care, custody, or control.

Wade’s third indictment charges him with one count each of the felony offense of fleeing from an officer while driving under the influence and driving under the influence of alcohol wherein on or about June 7 Wade, being under the influence of alcohol, fled in an all terrain vehicle on state Route 7 in Wetzel County from Deputy R. L. Scott Jr. after Deputy Scott had activated his blue lights in an attempt to stop the vehicle. Count two of this indictment alleges that on or about the same date Wade drove an all terrain vehicle while under the influence of alcohol.

In his fourth indictment Wade is charged with one count each of the felony offense of entry of a building other than a dwelling and grand larceny wherein between Sept. 7 and Sept. 8 Wade allegedly entered Gary Cecil Motors in New Martinsville. Count two of the indictment alleges that during that time Wade stole a Ford F-150 pick-up truck having a value of more than $1,000 belonging to Gary Cecil Motors.

Wade is also charged with one count of the felony offense of sexual abuse in the first degree wherein on or about Feb. 7 he allegedly engaged in sexual contact with a named male.

Lastly, Wade is charged with one count of the felony offense of receiving stolen goods wherein between April 28 and June 7 Wade allegedly received a stolen 2006 Kawasaki Model 750 all terrain vehicle in Wetzel County which he knew or had reason to believe had been stolen.

Matthew James Myers, 25, of 819 Fifth Street, Apt. 1, New Martinsville, was also present to continue his case but, likewise, Attorney Gardner needed additional time to review the matters of discovery. Judge Karl set the matter for Nov. 9 at noon. Myers was remanded to the Northern Regional Jail.

On Oct. 4 Myers stood silent as the court entered innocent pleas on his behalf for his two-count sexual assault charges. The first one-count indictment alleges that on or about April 15 in Wetzel County, Myers committed the felony offense of sexual assault in the third degree wherein he, being 16 years old or more, engaged in sexual intercourse with a female child, and who was not married to Myers.

The second one-count indictment alleges that during the month of December 2008 in Wetzel County, Myers committed the felony offense of sexual assault in the third degree wherein he, being 16 years old or more, engaged in sexual intercourse with a different female child who was not married to Myers.

Norman Albert Jackson, 34, of 1004 Fifth Street, Rear No. 3, Moundsville, appeared in Wetzel County Circuit Court to proceed with his case. However, like many others, discovery was recently received and Gardner needed more time to review the materials. Jackson’s bond continues until his next day in court, Nov. 9 at noon.

On Oct. 4 Jackson stood silent as the court entered an innocent plea on his behalf for his one count of felony third or subsequent offense of driving under the influence of alcohol. On Aug. 5 in Wetzel County Jackson allegedly drove a motor vehicle on Foundry Street in New Martinsville while under the influence of alcohol. Jackson was previously convicted of the offense of DUI in the Magistrate Court of Wetzel County on or about Aug. 30, 2002; in the Magistrate Court of Marshall County on or about Dec. 15, 2004; and in the Circuit Court of Marshall County on or about March 6, 2008.

Andrew Laugh, 20, of 134 Wetzel Street, Paden City, was present with Attorney Neiswonger. Neiswonger requested time for matters of discovery which was granted. Laugh’s bond continues and he will return Nov. 9 at noon.

On Oct. 4 Laugh pleaded innocent to his one-count charge of the felony offense of manufacturing a controlled substance (marijuana) said to have occurred June 22 in Wetzel County. Allegedly, Laugh manufactured, by cultivation, marijuana, a Schedule I controlled substance.

Similarly, Brian Tyler Russell, 20, of 819 Fifth Street, New Martinsville, was also present with Neiswonger to continue his case. A return date was set for Nov. 9 at noon. Russell’s bond continues.

On Oct. 4 Russell entered a plea of innocence for his one-count charge of the felony offense of possession of a controlled substance (marijuana) with intent to deliver wherein on or about June 29 Russell is said to have possessed marijuana, a Schedule I controlled substance, in Wetzel County with the intent to deliver the same said marijuana.

Lastly, Jason S. Noland, 24, of 819 Fifth Street, Apt. 1, New Martinsville, present alongside Attorney Gardner, will return Nov. 9 at noon to continue Noland’s case. Noland’s bond continues.

On Oct. 4 Noland pleaded innocent to his one-count charge of felony possession of a controlled substance (marijuana) with intent to deliver wherein on or about June 29 Noland is also said to have possessed marijuana, a Schedule I controlled substance in Wetzel County with the intent to deliver the same said marijuana.