Karl Sentences Wyatt, White, And Wood
Judge Mark A. Karl sentenced three individuals following their guilty pleas entered on Tuesday in Wetzel County Circuit Court. Two were remanded to serve time in the West Virginia Penitentiary while another was placed on probation.
A trial was set for Tuesday in circuit court for Justin Raymond Wyatt, 23, of 1000 Chapline Street, Wheeling. Instead, he pleaded guilty to two counts of information of conspiracy to commit unlawful assault and was sentenced to the West Virginia Penitentiary for Men to one to five years for each count to be served consecutively, totaling a sentence of two to 10 years with credit for 125 days served. As requested, he will obtain drug counseling while incarcerated. In addition to court costs, Wyatt is ordered to pay restitution to the victims in his cases. Pursuant to the plea agreement, the state dismissed all other cases against him. Wyatt was remanded to the Northern Regional Jail.
The offenses allegedly occurred Sept. 8, 2010, and July 8, 2011, in Wetzel County wherein he and others are said to have conspired to assault two men, one on each date set forth in the report. According to Wetzel County Prosecuting Attorney Timothy Haught, evidence against Wyatt included testimony from witnesses that he and other individuals jumped a man on two occasions. Haught added there was some evidence that showed both assaults stemmed from disputes over money owed for illegal drug transactions.
While Wyatt disputed some of the facts as laid out by the state, he resolved the state had enough evidence that would likely have resulted in a larger sentence had he seen a trial. He and Defense Attorney Kevin Neiswonger affirmed the offered plea agreement was in the defendant’s best interest.
During the January 2011 term Wyatt was indicted with one count of first degree robbery for allegedly committing robbery by striking and beating a male individual and stealing that individual’s wallet and money in New Martinsville on or about Sept. 8, 2010.
Meanwhile, Jeremy White, 24, of Paden City pleaded guilty to one count of information for conspiracy to deliver a controlled substance (heroin) during his hearing on Tuesday. White was sentenced to one to five years in the state penitentiary for men with credit for 111 days served. As requested by the defendant, White will undergo drug counseling while incarcerated. White is further ordered to pay court costs and forfeit all monies and property seized during his case to the New Martinsville Police Department. Pursuant to the plea agreement, the state dismissed all other charges against him. He was remanded to the NRJ.
During the hearing White admitted to having planned to purchase heroin with Tyler Fauber, 27, of New Martinsville, and to having purchased the drug in Pittsburgh. “We went to purchase heroin to split,” White stated. However, he affirmed they planned only to purchase and use the heroin, not distribute it.
Before hearing the judge’s ruling, White read a statement wherein he apologized to the court and his family for what had transpired, and resolved he was ready to take the time necessary to kick his drug habit. “I feel like I can do whatever I set my mind to,” he noted. “I can do something right in my life.”
On June 6 White and Fauber were arrested on Main Street in New Martinsville when a call regarding a supposed car break-in led to the discovery of heroin stamps and needles.
Captain Mike Thomas responded to the call, wherein nine unused heroin stamps and a needle were seen in plain view in Fauber’s car. Police were prompted to get a search warrant for a house on 446 Main Street where matching heroin stamps were found. They also took out a search warrant for a cell phone wherein text messages were found indicating the planned delivery of heroin.
At the time of the offense the two were charged with possession with the intent to deliver heroin and were taken to the NRJ.
According to Haught, Fauber had indicated at that time the heroin in the car belonged to White and he didn’t have heroin on him, but White did. To that end, Haught also detailed that 58 heroin stamps were found on White’s person when he was taken to the NRJ on June 6. Defense Attorney Jeremiah Gardner confirmed charges have been filed in Marshall County regarding this matter.
Lastly, April M. Wood, 39, of 72 Indiana Street, Wheeling, pleaded guilty to her one-count indictment of the felony offense of uttering, alleged to have occurred on or about Dec. 20, 2009, in Wetzel County. Per the plea agreement, she was sentenced to the West Virginia Penitentiary for Women for a period of one to 10 years with credit for 61 days. However, the execution of her sentence was suspended and she was placed on two years’ probation. The state noted restitution has already been paid to the victims in this case, but she is ordered to pay restitution for a similar offense in the amount of $627.06 to be paid in monthly statements beginning no later than Oct. 6, 2011. She is also ordered to pay court costs. Wood was remanded to the NRJ.
When asked what made her guilty of the offense at hand, Wood stated she walked into a church where a wedding was taking place and found a room housing purses and other personal items. She said she took two checks from a purse and passed forged checks at Walmart.
As Haught shared with the court what evidence the state had against Wood in the event of a trial, he noted there was video evidence and witness testimony of Wood uttering a check passed in New Martinsville’s Walmart as true. He added the other check taken from the victims was tracked to a Walmart in Washington County, for which Wood will soon begin paying restitution to the same victims.
Wood was indicted for this offense during the September 2010 term. On the date set forth in the indictment, 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 Walmart in the amount of $341.99, by tendering the said check to Walmart when Wood knew that said check was forged.