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Sexual Assault Gets Myers 2-10

By Staff | Nov 17, 2010

Matthew James Myers

Five defendants appeared before Judge Mark A. Karl in Wetzel County Circuit Court Tuesday. One plea was made while the remaining cases were set for return dates.

Matthew James Myers, 25, of 819 Fifth Street, Apt. 1, New Martinsville, pleaded guilty to his two-count sexual assault in the third degree charges. For these offenses Judge Karl sentenced Myers to one to five years in the West Virginia State Penitentiary for Men for each count to run concurrently with credit for 216 days. While incarcerated Myers will receive alcohol abuse counseling, as Myers stated alcohol was a contributing factor in his offenses.

Pursuant to the plea agreement, following his release from incarceration Myers is ordered to serve 10 years on supervised release and he also must register as a sex offender. He is further ordered to have no contact with the two victims in these two cases and is to pay for their counseling in addition to court costs. Myers was remanded to be transferred to the Division of Corrections to await incarceration.

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.

In other matters Wayne A. McCaman, 47, of 46 Anson Street, Apt. 4, New Martinsville, was present for his petition to revoke home confinement. His attorney, Jeremiah Gardner, told the court his attempt to contact a witness was unsuccessful and he further learned phone records from Frontier Communications could be pertinent in McCaman’s case. Judge Karl ordered Frontier Communications be obliged to produce such records by Nov. 30 and the case was passed until Dec. 6 at 11 a.m. Gardner requested McCaman be allowed release on supervised probation until that time, to which Judge Karl firmly declined. McCaman was remanded to the Northern Regional Jail.

On Sept. 13 McCaman pleaded guilty to his one-count indictment of driving while license suspended or revoked for DUI-third or subsequent offense. While the state recommended one to three years in the West Virginia State Penitentiary for Men, McCaman was granted alternative sentencing with no opposition from the state due to his medical conditions and treatments. McCaman was ordered to serve one year under home confinement with emergency, employment, and schooling release.

McCaman’s 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.

Warren Todd Wade, 46, of HC 68, Box 21, Wileyville, was present for a hearing alongside Attorney Gardner. To Gardner’s and the state’s surprise, it was learned Wade had written a letter to the court requesting new legal counsel. Wetzel County Prosecutor Tim Haught opposed such a motion, complimenting Gardner as a qualified attorney. Judge Karl declined the request on the grounds that although Wade has the right to an attorney, he does not have the right to have one of his choosing when counsel is appointed to him rather than retained. Wade will return Dec. 6 at 11 a.m. He 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 Lee Farmer, 19, was ordered to appear in Wetzel County Circuit Court following a letter delivered from the Anthony Correctional Center. The letter stated Farmer was participating at an unsatisfactory level at the center and was being returned. Present without counsel, Judge Karl appointed Roger Weese to the case. Farmer will return for an evidentiary hearing Dec. 6 at 11 a.m. Farmer was remanded to the Northern Regional Jail.

On April 2 Farmer pleaded guilty to grand larceny in Judge Hummel’s courtroom. Hummel sentenced Farmer to the West Virginia Penitentiary for Men for one to 10 years with credit for 155 days served. However, alternative sentencing was further imposed.

Treating Farmer as a youthful offender, Hummel ordered Farmer to be placed at the Anthony Correctional Center for six months to two years. Hummel ordered Farmer to successfully complete the program or else his original sentence would be implemented.

On or about Oct. 30, 2009, Farmer was picked up with Samuel James Allen Wells in New Martinsville after being stopped by police for running a red light. Soon after receiving a citation for the traffic violation, it was determined they possessed stolen property and the two men were picked up. The stolen property including a computer, PlayStation 2, and cigarettes were recovered.

Lastly, Andrew Laugh, 20, of 134 Wetzel Street, Paden City, was present with Attorney Kevin Neiswonger for a hearing. The state has extended a plea offer. However, Neiswonger stated he would like time to make a counteroffer. Judge Karl passed the matter until Dec. 1 at 1:30 p.m. Laugh’s bond continues.

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.