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Court Sets Return Dates For Continuing Cases

By Staff | Sep 21, 2011

Several defendants returned to Wetzel County Circuit Court on Docket Day, Sept. 14, to continue matters into the new term of court. Judge Mark A. Karl presided. Two failed to appear but of those who returned to court, two trial dates were set and one case was dismissed. The remaining individuals will return in October.

The case against Charles Zachary Wells, 21, of Route 1, Box 171, New Martinsville, was dismissed in Wetzel County Circuit Court after the state explained to the court there was a lack of evidence. Based on the guilty plea made by codefendant Michael T. Yost, 33, of 639 James Street, New Martinsville, on July 8, Wetzel County Prosecuting Attorney Timothy Haught said it appeared Yost was solely responsible for the breaking and entering and theft of Headquarters Family Hair Salon. Haught added that according to Wells’ statement, Wells indicated he agreed to be the “look-out” for Yost, but that he had abandoned that post. Wells was released from bond.

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. Yost later pleaded guilty to count one of the indictment.

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 charged 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 stated 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.

Meanwhile, a trial date has been set for Warren Todd Wade, 47, of HC 68 Box 21, Wileyville, who will return Nov. 21 at 9 a.m. to face his charges of wanton endangerment involving a firearm and possession of a firearm by a convicted felon. Noting there are four separate cases against the defendant, the state elected to try this one-day trial case first. Wade was remanded to the Northern Regional Jail.

On Oct. 4 Wade entered innocent pleas to a total of 11 indictments from the September 2010 term. Wade received a three-count indictment for his offenses, said to have occurred on or about Sept. 11, 2010. 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, 2010, 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 of alcohol wherein on or about June 7, 2010, 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 8, 2010, 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, 2010, 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, 2010, 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.

Larry Virgil Watson III, 19, of HC 61 Box 95 B, Littleton, appeared in circuit court wherein a trial date was set pertaining to his one-count indictment. Judge Karl set the estimated two-day trial to begin Dec. 12 at 9 a.m. Watson’s bond continues.

A trial date may soon be set for codefendant Stephanie Nicole Fox, 21, of HC 61 Box 95C, Littleton, who also appeared in court on docket day. The judge set her return date for Oct. 28 at 10 a.m. to allow more time for a possible resolution. Her bond also continues.

Watson and Fox were handed a one-count indictment each for the felony offense of manufacturing a controlled substance (marijuana) wherein on or about Sept. 27 in Wetzel County the two allegedly manufactured, by cultivation, marijuana, a Schedule I controlled substance.

A motion to continue was recently filed by retained counsel Keith Hart pertaining to the case of John Michael Howell, 42, of HC 61 Box 114, New Martinsville. Judge Karl set a return date for Oct. 3 at 1:30 p.m. to continue matters in Howell’s case.

Howell faces one count each of the felony offenses of kidnapping, second degree attempted sexual assault, first degree sexual assault, and malicious assault (respective to counts one through four) for acts committed against his wife. The two had been separated since August and have a child in common.

Howell allegedly attacked the victim Dec. 14, 2010, when she attempted to leave his residence after picking up the child.