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Judge Commits Defendant

By Staff | Jul 20, 2011

One individual was committed to a mental facility and another arraigned during hearings held July 15 in Wetzel County Circuit Court. Judge Mark A. Karl presided over these cases and others, while setting return dates for later this month and into the next term of court. Many are set to return July 29 at 10 a.m. to most probably enter guilty pleas.

Following a psychological evaluation from the Charleston Psychiatric Group, Inc., Judge Karl ordered Larry Eugene Jones Jr., 46, of 125 South Main Street, New Martinsville, be committed to a mental facility to undergo competency restoration. Jones will return Oct. 28 at 10 a.m. for the court to evaluate his progress. Jones was remanded to the Northern Regional Jail to be transferred to a mental facility.

During Jones’ hearing on July 15 Judge Karl upheld the opinions and recommendations of Rosemary L. Smith and Ralph S. Smith Jr., a psychologist and psychiatrist, respectively, who stated Jones was not competent to stand trial, but could be treated if referred to an appropriate facility.

On Feb. 9 Jones remained silent as the court entered an innocent plea to Jones’ one-count indictment for the felony offense of wanton endangerment involving a firearm.

Jones holds a one-count indictment for the felony offense of wanton endangerment involving a firearm wherein on or about Nov. 8 in Wetzel County Jones allegedly unlawfully, feloniously, and wantonly performed an act with a firearm which created a substantial risk of death or serious bodily injury to another. This charge was made following the testimony of Captain Michael J. Thomas of the New Martinsville Police Department before the grand jury on Jan. 17.

In addition to that incident, Jones was also charged with wanton endangerment following a police standoff on May 29 at his home. Police had arrived to serve Jones papers for a court appearance when he pointed a .22 caliber weapon at the officers. Later, Jones turned the gun onto himself, shooting himself in the stomach. Fortunately, no officers were hurt.

April M. Wood, 39, of 72 Indiana Street, Wheeling, made her first appearance in court on Friday to be arraigned on her one-count indictment of uttering. Present with her attorney, Jeremiah Gardner, Wood entered a plea of innocence to the crime. Gardner then addressed the matter of bond, asking for home confinement to be an option. As her alleged offense is a non-violent crime, the state had no objection to the request and Judge Karl set bond at $5,000 cash, surety, or professional bondsman. Arrangements will be made with Belmont County regarding setting Wood up for home confinement. Wood will return to Wetzel County Circuit Court on July 29 at 10 a.m.

Wood was indicted in September 2010 for the felony offense of uttering wherein on or about Dec. 20, 2009, in Wetzel County, Wood allegedly uttered and employed as true WesBanco Bank check number 6392 issued on the account of Virginia L. Abbott and Roger L. Abbott, and made payable to Wal-Mart in the amount of $341.99, by tendering the said check to Wal-Mart when Wood knew that said check was forged.

In another matter, Michael R. Alleman, 39, of 45524 Th. 2211, Clarington, appeared without counsel for a preliminary hearing on a petition to revoke probation. Alleman was ordered to file an affidavit to determine his eligibility for court-appointed counsel and will return July 29 at 10 a.m. He was remanded to the NRJ.

After serving 13 months in prison, Alleman was granted sentence modification and was placed on one year’s probation with six months of that probation being home confinement.

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 went 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.

Meanwhile, the following defendants are likely to enter into plea agreements offered by the state. Many are scheduled to enter a plea on July 29.

Jimmy Dean Barnhart, 46, of 149 Elm Street, New Martinsville, appeared in Wetzel County Circuit Court on Friday where it was learned Adult Probation Officer John Lantz has approved Barnhart for home confinement. With that news, Barnhart will return July 29 at 10 a.m. to enter a plea. His bond continues.

On May 27 Barnhart pleaded innocent to his one-count indictment charging him with third offense driving under the influence of alcohol wherein he allegedly drove a motor vehicle on North Fourth Avenue in Paden City while under the influence of alcohol on or about July 23.

Barnhart was previously convicted of the offense of driving under the influence of alcohol in the Magistrate Court of Tyler County on or about April 6, 2001, and in the Magistrate Court of Pleasants County on or about Aug. 19, 2004.

As with Barnhart, it was stated in court on Friday that Lantz will determine if Curtis A. Lemasters, 25, of 215 Scott Place, Fairmont, can be approved for home confinement before entering into a plea agreement. Lemasters will return July 29 at 10 a.m. to enter a possible plea.

Lemasters is charged with third offense driving on a license revoked for DUI (count one) wherein he operated a motor vehicle on state Route 7 and state Route 20, having previously been convicted of the offense of driving suspended/revoked for DUI in two cases in the Magistrate Court of Marion County on or about Aug. 5, 2008.

Lemasters is also charged with the felony offense of fleeing from an officer in a vehicle (count two) for allegedly fleeing from Deputy R. L. Scott Jr., who was acting in his official capacity as a Wetzel County Sheriff’s Deputy, after Deputy Scott had activated his blue lights and siren and Lemasters operated his vehicle in a manner showing a reckless indifference to the safety of others by driving at high rates of speed while a pregnant female passenger was in his vehicle.

Lastly, Lemasters is charged with the felony offense of altering a distinguishing number for a motor vehicle in that he allegedly, with fraudulent intent, altered a distinguishing number, being a West Virginia registration plate, by placing on his motor vehicle a registration plate which he knew was not assigned to his motor vehicle.

Similarly, the state has made another offer to Howard Ray Starkey, 23, of 1026 Third Street, New Martinsville, who agreed to accept the offered plea agreement. During his hearing on July 15 it was requested and approved that Starkey’s bond be modified to allow him to leave the state for the purposes of employment. Starkey remains on bond and will return July 29 at 10 a.m. to enter a plea.

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.

An offer has been made to John Cody Postlethwait, 20, of 715 Fifth Street, New Martinsville, to resolve all of his charges. To allow time to review the offered agreement, Judge Karl set a return date for July 29 at 10 a.m. Postlethwait’s bond continues.

On May 27 Postlethwait pleaded innocent to his one-count indictment alleging that on or about Jan. 19, Postlethwait committed the felony offense of delivery of a controlled substance (marijuana), a Schedule I controlled substance.

On Oct. 27 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 he allegedly committed the felony offense sexual assault in the second degree (counts one and two) and sexual abuse in the first degree (count three).

As stated at her June 17 hearing, a plea offer has been extended to Melissa Tanley, 25, of 114 North Second Avenue, Paden City. In Wetzel County Circuit Court on July 15 her attorney, Kevin Neiswonger, stated more time was needed to consider the offered agreement. Tanley will return July 29 at 10 a.m. Her bond continues.

Tanley was arraigned on June 8 wherein she entered a plea of innocence to her one-count charge.

Tanley is charged with one count of the felony offense of conspiracy in that on or about Jan. 2, in Wetzel County, Tanley allegedly conspired with Michael Fletcher, 29, also of 114 North Second Avenue, Paden City, to deliver Vicodin, a Schedule III controlled substance.

As with many others, the following defendants have waived term of court. However, some may appear prior to docket day set for Sept. 14.

Kristica Skelley, 29, of 714 North Fourth Avenue, Paden City, appeared in court on Friday wherein Haught stated a voluntariness hearing was needed, preferably during this term of court. However, Wetzel County Prosecuting Attorney Timothy Haught also noted there was an omission in the discovery materials given to Attorney Gardner, therefore all parties understood that a motion to continue the case would also be in order to allow time for Gardner to review all of the data. Skelley waived term of court, but will return Aug. 16 at 1:30 p.m. for a voluntariness hearing. Her bond continues.

Skelley remained silent during her arraignment on May 27. The court entered a plea of innocence on her behalf to her one-count indictment charging her with the felony offense of possession of a controlled substance (heroin) with intent to deliver. The offense is alleged to have occurred on or about Feb. 21 in Wetzel County. Heroin is a Schedule I controlled substance.

James Frederick Streets, 51, of HC 61, Box 1, Pine Grove, appeared in Wetzel County Circuit Court on Friday alongside Attorney Gardner wherein Attorney Haught shared with the court that Streets’ probation revocation hearing set in Marion County has been continued. Haught had no objection to continuing the case in Wetzel County for the purpose of waiting for the results of the Marion County issue. Streets agreed to waive term of court and will return Sept. 14 at 10 a.m. He was remanded to the NRJ.

Streets remained silent on May 27 as the court entered a plea of innocence to his one-count indictment for his offense said to have occurred on or about April 13 in Wetzel County, wherein he allegedly committed the felony offense of manufacturing a controlled substance (marijuana), a Schedule I controlled substance.

Charles Zachary Wells, 21, of Route 1, Box 171, New Martinsville, waived term of court on Friday after it was learned the state needs time to decide how to proceed in the case. Wells will return Sept. 14 at 10 a.m. His bond continues.

Codefendant Michael T. Yost, 33, of 639 James Street, New Martinsville, pleaded guilty to count one of his two-count indictment during his hearing on July 8. Yost is set to return Aug. 19 at 10 a.m. for sentencing.

On May 27 Wells entered a plea of innocence to his two-count indictment, however Yost remained silent as the court entered a plea of innocence on his behalf.

Wells and Yost received two-count indictments each charging them with offenses said to have occurred during the month of March in Wetzel County.

Count one charges Wells and Yost with the felony offense of entry of a building other than a dwelling wherein they did break and enter a building housing the Headquarters Family Hair Salon. Count two states they each committed the misdemeanor offense of petit larceny in that they did carry away a cash register and cash having a cumulative value of less than $1,000 belonging to Jamie Benson, doing business as Headquarters Family Hair Salon, with the intent to permanently deprive the owner of the same.

Lastly, Wesley L. Burress, 36, of 315 Brewster Lane, Cedar Bluff, Va., also waived term of court during his hearing on July 15 to allow time to prepare a defense. Both Wesley Burress and codefendant Kevin E. Burress, 35, of 111 Brewster Lane, Cedar Bluff, Va., remain on bond and will return Sept. 14 at 10 a.m.

On Jan. 26 the two Burress brothers, along with Joshua S. Dye, 21, of 2331 Mill Creek Road, Raven, Va., entered innocent pleas for their one-count indictments in connection to an attempted burglary.

The three allegedly worked together in attempting to perform an act of theft on or about Nov. 11 in Wetzel County which resulted in the receipt of one count each against them.

Joshua Dye and Kevin Burress are charged with one count each of attempted entry of a building other than a dwelling for allegedly attempting to break and enter Norris Pharmacy located in Pine Grove with the intent to commit a larceny therein.

Wesley Burress is charged with one count of aiding and abetting attempted entry of a building other than a dwelling for allegedly counseling with, aiding, and abetting Joshua Dye and Kevin Burress to attempt to break and enter Norris Pharmacy located in Pine Grove.