Judge Revokes McCaman’s Home Confinement Privilege
One defendant was sentenced and several others were heard in Wetzel County Circuit Court on Dec. 17 with Judge Mark A. Karl presiding.
Wayne A. McCaman, 47, of 46 Anson Street, Apt. 4, New Martinsville, will serve his original sentence of one to three years in the West Virginia State Penitentiary for Men following a brief hearing on Friday which resulted in McCaman’s home confinement being revoked. He will be given credit for time served. McCaman was transferred to the Division of Corrections side of the Northern Regional Jail to await state incarceration.
The petition to revoke his home confinement was the result of McCaman failing to properly get the device hooked up and making communication with the probation office. Friday Wetzel County Prosecutor Tim Haught shared the news that McCaman’s landlord had recently evicted him due to damage to the residence. Because of this eviction notice Haught stated McCaman presently had no place to go to continue home confinement and as such the state’s recommendation to revoke McCaman’s home confinement remained firm.
McCaman addressed the court assuring them he could find a place to live by Jan. 7, the eviction date. He also reiterated that he would abide by all rules of home confinement. However, Judge Karl noted that McCaman had in fact not been compliant with previous orders and was therefore not inclined to allow McCaman another opportunity under home confinement.
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.
Meanwhile, Warren Todd Wade, 46, of HC 68, Box 21, Wileyville, returned to Wetzel County Circuit Court for a status hearing regarding continuation of Jeremiah Gardner as Wade’s counsel. It was stated Wade did file for counsel reappointment, however he did not provide a copy to the court. Judge Karl advised him to do so and ruled the case to continue generally into the next term of court. 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.
Newman B. Hoover II, 43, formerly of Route 1, Box 105, New Martinsville, and presently of 140 Cecil Meneffe Drive, Moorefield, W.Va., was present for his hearing wherein Attorney Gardner requested more time to go over plea negotiations. Hoover agreed to continue his case into the next term of court and Judge Karl set the matter to return Jan. 6 at 11 a.m. Hoover was remanded to the Northern Regional Jail.
On Nov. 9 Hoover stood silent as the court entered innocent pleas for his 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.
In other matters, Randy L. Lewis, 21, of 325 Virginia Street, New Martinsville, also waived his right to a speedy trial and will return in January. At his hearing on Friday Lewis’ trial date was vacated as it was confirmed his attorney David White would not be available the date of the originally scheduled trial. Additionally, White stated he wished to file motions which would not be accomplished by the end of December. 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.
Andrew Laugh, 20, of 134 Wetzel Street, Paden City, appeared in Wetzel County Circuit Court for a status hearing. As anticipated at his last hearing on Dec. 1, it was determined the case would need to continue into the next term of court. Laugh’s bond continues until his return to court in January.
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.
A plea agreement has been reached in the case of Jason S. Noland, 24, of 819 Fifth Street, Apt. 1, New Martinsville. Nolan’s bond continues and will return Jan. 6 at 11 a.m. to enter a plea.
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, Melissa A. Lallathin Wells, 48, of P. O. Box 53, Proctor, appeared before Judge Karl in Wetzel County Circuit Court on her petition to revoke probation. Attorney Keith White stated Wells was willing to waive a preliminary hearing and as such an adjudicatory hearing was set for Jan. 6 at 11 a.m. Wells was remanded to the Northern Regional Jail.
On Dec. 12, 2008, Wells was placed on two years probation after pleading guilty to uttering, count five of a six-count indictment returned by Wetzel County Grand Jurors Sept. 9. Madden issued the probation after he suspended the sentence of one to five years in the West Virginia State Penitentiary for Women.
The charges stemmed from the alleged forgery and cashing of two checks on or about Feb. 25 and 26 in the amounts of $200 and $267 made out to Sally Ellington from the account of Jean D. Dailey. The other five counts, two of misappropriation of funds of an elder person; two of forgery; and one of uttering; were dismissed.