Amanda D. Riggs

Judge Mark A. Karl sentenced a New Martinsville woman to two to 10 years in the West Virginia Penitentiary for Women for child abuse Monday in Wetzel County Circuit Court.

Amanda D. Riggs, 23, of 558 Kappel Street, New Martinsville, pleaded guilty to child abuse resulting in serious bodily injury via a plea agreement.

According to Assistant Prosecutor Carl “Worthy” Paul, the evidence in the case would show that on or about Feb. 18, 2010, a 911 call was made that said Riggs’ 29-day-old baby had stopped breathing. A report from Ruby Memorial Hospital would show the child’s skull fractures were consistent with intentional blunt force trauma. He further said both Riggs and codefendant Justin C. Riggs have accused the other of throwing the baby.

Their parental rights have since been terminated and the child is in foster care.

When asked the standard question of a defendant entering a guilty plea as to what made her guilty of the crime, Amanda Riggs said, “I didn’t give the child the right treatment.”

Karl sentenced Amanda Riggs in accordance with the plea agreement. In addition to the prison sentence, she is fined $1,000, ordered to pay all costs of prosecution, and she has agreed to testify truthfully against Justin Riggs who is scheduled for trial Aug. 1. She is given credit for time served, 238 days, however she cannot seek any sentence modification. The defendant was remanded to the Northern Regional Jail to be transferred to the custody of the Department of Corrections.

The second felony charge against her, malicious assault, was dismissed per the plea agreement.

In another case, Rodney Lee Nolan, 25, of HC 62, Box 50A, Burton, pleaded guilty Monday to entry of a dwelling, a lesser included offense from count one in his three-count indictment.

He was indicted in January 2010 for three counts of burglary to have occurred between Oct. 1 and Nov. 1, 2008. Count one charges Nolan with intentionally, unlawfully, knowingly, and feloniously breaking and entering the residence of Clint. W. Jones located on County Route 66, commonly known as Harker Run Road in Wetzel County. Count two charges him with intentionally, unlawfully, knowingly, and feloniously breaking and entering the residence of William Lane and Sandra Lane located on Long Drain Earnshaw Road. Count three charges Nolan with intentionally, unlawfully, knowingly, and feloniously breaking and entering the residence of Millar P. Cayavec located on Higginbotham Run Road in Wetzel County.

The plea agreement lays out a sentence of one to 10 years in the West Virginia Penitentiary for Men and restitution to be determined. Furthermore, Nolan is to have no contact with the victims in the case. However, an agreement is a suggestion and it is always at the presiding judge’s discretion to impose sentencing. Probation Officer John Lantz will generate a pre-sentencing report and Nolan will return to court on Sept. 23 at 10 a.m. to receive his punishment. His bond continues.

The remaining charges were dismissed.