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Only One Of Two Defendants Appears In Wetzel Court Friday

By Staff | Nov 24, 2010

BY MIRANDA STOKES

Staff Writer

Two hearings were set for Wetzel County Circuit Court on Nov. 19, however only one defendant appeared before Judge Mark A. Karl.

Eric John Spears, 26, of HC 62, Box PP, Pine Grove, was present for a hearing alongside Attorney Roger Weese. Weese stated they are still negotiating a plea agreement and requested another 30 days to discuss such matters. Judge Karl set Dec. 22 at 10 a.m. for the return date. Spears’ bond continues.

On Oct. 4 Spears entered innocent pleas for all six of his sexual assault charges for his offenses said to have occurred during the summer of 2009 in Wetzel County.

Counts one and three charge Spears with the felony offense of sexual assault in the second degree. Count one alleges he engaged in sexual intrusion with a female. Count three alleges he engaged in sexual intercourse with the same minor, without her consent. Count five of the indictment charges Spears with the felony offense of sexual assault in the first degree in that he allegedly engaged in sexual contact with the same girl.

Counts two, four, and six charge Spears with the felony offense of sexual abuse by a custodian in that he allegedly engaged in sexual intrusion and sexual contact with the same female child under his care, custody, or control.

Lastly, Matthew Smith, 26, of Middlebourne, failed to appear in Wetzel County Circuit Court on Friday to review his matter of extradition back to Ohio. At his previous appearance Smith was granted a month to take care of the charges against him in Ohio County and was to report back Nov. 19. On Friday Judge Karl set the matter to continue Dec. 22 at 10 a.m.

On Oct. 20 it was noted in Wetzel County Circuit Court that Smith was arrested and taken to the Northern Regional Jail for a warrant against him in Belmont County for driving a motor vehicle without a license. Furthermore, there was a warrant for failure to appear in Monroe County and an additional charge in Belmont County against him.

At that time Smith addressed the court, explaining he intended to take care of the matters in Ohio but needed to stay in Middlebourne to care for his wife and child and maintain his employment in Wheeling. Judge Karl set bond at $500 cash, surety, or professional bondsmen.

The gallery was packed as several defendants addressed Judge Mark A. Karl in Wetzel County Circuit Court Nov. 9.

Newman B. Hoover II, 43, formerly of Route 1, Box 105, New Martinsville, and presently of 140 Cecil Meneffe Drive, Moorefield, W.Va., stood silent as the court entered innocent pleas for his six-count indictment. It was noted in court a plea agreement has already been extended by the state. However Attorney Jeremiah Gardner requested time to review matters. Hoover will return Dec. 1 at 1:30 p.m. Bond was set at $20,000 cash, surety, or professional bondsmen. Hoover is remanded until and if bond is posted.

On Oct. 18 Hoover was picked up on his capias warrant shortly after his failure to appear in Wetzel County Circuit Court Oct. 4. He 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.

John Cody Postlethwait, 19, of 715 5th Street, New Martinsville, was present in Wetzel County Circuit Court for a hearing regarding his newly unsealed three-count indictment. Attorney Neiswonger stated he needed more time to review materials and a return date was set for Dec. 1 at 1:30 p.m. John Postlethwait’s bond continues.

On Oct. 27 John Postlethwait entered a plea of innocence to his three-count indictment charging him with offenses of a sexual nature wherein on or about Aug. 4, 2009, in Wetzel County John Postlethwait allegedly committed the felony offense sexual assault in the second degree (counts one and two) and sexual abuse in the first degree (count three).

James Matthew Doty, 25, no address given, was to appear for a voluntariness hearing. However, instead, Attorney David White requested a return date to allow time to come to an agreement regarding Doty’s two-count indictment of forgery and uttering. A return date was set for Dec. 1 at 1:30 p.m. wherein Doty will address this case and be arraigned for a newly unsealed indictment charging him with two counts of delivery of a controlled narcotic substance (oxycodone) said to have occurred on or about Dec. 20 and 21, 2009, in Wetzel County. 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.

Daniel L. Postlethwait, 25, of 28 Rose Street, Lot 42 South, New Martinsville, has waived his term of court and will return Jan. 12, 2011, at 10 a.m. Daniel Postlethwait’s attorney, H. John Rogers, explained to the court they are undergoing plea negotiations. However, they needed time to prepare a defense pertaining to the exact definition of displaying consensual obscene matter. Daniel Postlethwait’s bond continues.

On Oct. 18 Daniel Postlethwait entered a plea of innocence to his 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.

Randy L. Lewis, 21, of 325 Virginia Street, New Martinsville, was present for a hearing in Wetzel County Circuit Court along with Attorney White, who requested matters of discovery. Judge Karl granted the request and passed the case until Dec. 1 at 1:30 p.m. Lewis’ bond continues.

Lewis was handed a one-count indictment wherein during the summer of 2008 in Wetzel County, Lewis allegedly committed the felony offense of sexual assault in the third degree in that he, being 16 years old or more, engaged in sexual intercourse with a female child who was not married to Lewis.

Norman Albert Jackson, 34, of 1004 Fifth Street, Rear No. 3, Moundsville, appeared in Wetzel County Circuit Court to proceed with his case. A plea agreement has been offered but not yet accepted. Jackson will return Dec. 1 at 1:30 p.m. His bond continues.

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.

Colby J. Acree, 20, of 203 South Second Avenue, Paden City, was also present before Judge Karl. Attorney White requested the case be continued to allow time to discuss matters with the state. A return date was set for Dec. 1 at 1:30 p.m. Acree was remanded to the Northern Regional Jail.

On Oct. 4 Acree entered a plea of innocence to his one-count indictment of the felony offense of conspiracy to deliver a controlled substance (heroin) to have occurred on or about Sept. 1 in Wetzel County. He allegedly conspired with Brock I. McMahon, Joshua R. Mathews, and Natacia L. Lallathin to deliver heroin, a Schedule I controlled substance.

Brian Tyler Russell, 20, of 819 Fifth Street, New Martinsville, was also present with Neiswonger to continue his case. Similarly, a plea agreement is offered but needs time for review. Russell’s bond continues and will return Dec. 1 at 1:30 p.m.

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.

Jason S. Noland, 24, of 819 Fifth Street, Apt. 1, New Martinsville, was present alongside Attorney Gardner. As with many others, a plea agreement has been offered but not yet accepted. Noland’s bond continues and he will return Dec. 1 at 1:30 p.m.

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.

Lastly, Howard Ray Starkey, 22, of 1026 Third Street, New Martinsville, was present in Wetzel County Circuit Court to continue his case. Neiswonger said he needed time to review matters of discovery therefore Judge Karl set a return date for Dec. 1 at 1:30 p.m. Starkey’s bond continues.

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.