Michael R. Alleman

In Wetzel County Circuit Court on Friday Judge Mark A. Karl ordered Michael R. Alleman, 39, of 45524 Th. 2211, Clarington, to serve his original sentence of one to 10 years in the West Virginia State Penitentiary for Men. The ruling came after Alleman had admitted to violating probation by ingesting controlled substances.

The Monroe County probation officer reported Alleman had appeared for a drug screening and had tested positive for marijuana and cocaine. At that time, Alleman had admitted to using marijuana.

“I’m very sorry,” Alleman said in court Friday. “I did relapse a little bit. I’ve been working, trying to support my family.”

Defense Attorney Roger Weese pointed out that Alleman’s one-year of probation, as previously granted from a Rule 35 sentence modification request, would be finished in October.

However, Prosecutor Tim Haught asked for imposition of the original sentence because of Alleman’s record and that he had led law enforcement in a chase. “He bailed out, fled on foot, and was at large for a considerable amount of time,” Haught recounted of Alleman’s capture.

Michelle Renee Huey

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.

“You get one bite of the apple,” said Karl who proceeded to tell Alleman he was not to file another Rule 35 or ask for home confinement. “You have not learned yet. You hear me? Remanded!”

In another case, Michelle Renee Huey, 24, of 321 McCabe Drive, Greensburg, Pa., was placed on two years probation Friday for her one count information of conspiracy to deliver a controlled substance (heroin).

The state had previously recommended a sentence of one to five years in the West Virginia Penitentiary for Women. However, after a bench trial at a previous court date where they discussed her “significant medical issues”, the state and defense agreed to give her credit for time served, over six months, and place her on two months probation. An often reiterated stipulation of probation is that she not return to West Virginia except to see her probation officer or for a reason approved by her probation officer. Huey will be living with her parents in Greensburg, Pa.

She is also ordered to seek drug counseling, forfeit any money or property seized during arrest to the Paden City Police Department, and not associate with any individuals who use drugs.

“I would greatly appreciate the opportunity,” said Huey in court Friday. “I know what I did was wrong. This is a wake up call for me and I would appreciate the opportunity to get my life together.”

During her hearing Aug. 19 Huey stated, “I conspired to sell heroin to support my drug habit.” It was noted she and an accomplice bought the heroin in Pittsburgh with the intent to both use and sell the drug. When asked how long she has had a drug problem, Huey replied she’d used drugs on and off since she was 13 years old and that heroin was her drug of choice. According to her drug use history form filed in court, Huey states that while she is a user of illegal drugs, she can control her behavior while under the influence and can abstain from using. She does request drug counseling as a condition of sentencing.

Jimmy Dean Barnhart, 46, of 149 Elm Street, New Martinsville, pleaded no contest Friday to second-offense driving under the influence of alcohol, a misdemeanor. This is a lesser included offense of his felony indictment for 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.

Barnhart believes he can control his drinking and abstain from alcohol. He did not request alcohol counseling.

Karl sentenced Barnhart to one year incarceration to be served alternatively by six months of home confinement with work release. He is to pay all costs of prosecution.

Defense Attorney Kevin Neiswonger told Karl that plea negotiations for his client, Justin Raymond Wyatt, 23, of 1000 Chapline Street, Wheeling, were not successful. Wyatt was asking for a trial date. Haught anticipates a two-day trial for the felony of first degree robbery for their acts said to have occurred on or about Sept. 8 in Wetzel County. Wyatt and a co-defendant allegedly committed robbery by striking and beating a male individual and stealing that individual’s wallet and money in New Martinsville.

According to speedy trial laws, Wyatt is entitled to a trial in this term of court, which ends Sept. 12. Karl asked the defendant if he was willing to waive his right to a speedy trial, a common agreement. After conferring with Neiswonger, Wyatt said he was not willing to waive that right. “Well that’s too bad,” said Karl, who ordered the defense and prosecution to exchange witness lists and other pertinent trial information immediately.

A trial was set for Sept. 6 as case number two. Wyatt was remanded to the Northern Regional Jail.

Elson Hinkle IV, 25, of 427 South Third Avenue, Paden City, agreed to waive his right to a speedy trial in this term of court as he is still in negotiations for a plea agreement. He is to return Sept. 14 at 10 a.m. His bond continues.

On July 29 Hinkle pleaded innocent to his two-count indictment of possession and delivery of a controlled substance (heroin) with the intent to deliver.

On March 3 at approximately 11:54 p.m., New Martinsville Police Chief Tim Cecil stopped a vehicle heading south on state Route 2 in New Martinsville, just past the railroad track crossing. The vehicle had been crossing the yellow highway lines, leading Chief Cecil to suspect a possible DUI offense. During the stop Cecil noticed the driver, Elson Hinkle, had “glassy eyes” but no smell of alcohol. Chief Cecil called Detective Donnie Harris, who arrived on the scene with the department’s police dog, Kenny. Deputy Randy Adams of the Wetzel County Sheriff’s Office and NMPD patrolmen Don Larsen and Bruce Smith also assisted with the incident.

Following a search, 110 stamps of heroin (valued at roughly $4,400) were found on Tori Hinkle’s person. Tori, Elson’s wife, was in the passenger seat.

Melissa Tanley, 25, of 114 North Second Avenue, Paden City, also waived her right to a speedy trial in this term of court. She is to return Sept. 14 at 10 a.m. Her bond continues.

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.