Rodney Lee Nolan

One man begins serving his sentence today following Judge Mark A. Karl’s ruling in Wetzel County Circuit Court on Sept. 21. Two others appeared for standard hearings before the judge and are set to return to court Oct. 14.

Rodney Lee Nolan, 26, of HC 62, Box 50A, Burton, was sentenced to one to 10 years in the West Virginia Penitentiary for Men for the offense of entry of a dwelling, a lesser included offense from count one in his three-count indictment. Nolan pleaded guilty to the offense on July 25 wherein the remaining charges were dismissed.

Nolan will receive credit for time served and is also permitted to file for a Rule 35 sentence modification motion after serving a successful six months in prison. He is ordered to pay all court costs and pro rata share of restitution. The judge allowed Nolan a week to get his affairs in order before reporting to the sheriff’s office at noon on Sept. 28 to be transferred to the Northern Regional Jail.

Wetzel County Prosecuting Attorney Timothy Haught explained the state’s recommendation for Nolan’s sentence, saying the state had already given Nolan the benefit in the case in being able to plead to one charge. Haught noted the codefendant in the case was sentenced to one to 15 years for the same offense. “We feel breaking and entering is a serious offense,” Haught added.

Defense Attorney Brent Clyburn responded to the state’s opinion, saying he believed probation was most appropriate for his client given many facts, first being that his client and the codefendant made sure the camps were empty before entering them. “I think that indicates they did not want to engage in any violence,” Clyburn said. “They weren’t looking to cause any violence or physical harm.” Clyburn added Nolan had been a good citizen for 23 years, sharing with the court the defendant held no criminal history aside from traffic violations. Furthermore, Nolan had been on good behavior throughout court proceedings, which spanned several terms of court.

Clyburn then asked the court to also consider the fact that Nolan is the sole provider and custodian of two young children and also takes care of his grandmother. Furthermore, Clyburn shared with the court that the defendant’s mother will soon undergo major surgery. “In light of all these things, we ask for alternative sentencing in the form of probation or home confinement,” Clyburn concluded.

Too anxious to address the court himself, Nolan asked his attorney to read a statement to the court wherein Nolan wished to apologize to the owners of the camps and to the court and prosecution. “I’ve put that behavior behind,” Nolan wrote. “I just want to raise my family and be there for them.”

Nolan’s mother then stood up from the gallery, asking to speak. She spoke of how one of Nolan’s daughters had a difficult time dealing with the mother leaving. “I don’t know what she’s going to be like if she loses another parent,” she said through a choked voice.

Judge Karl then spoke, stating he agreed with the state’s position. Furthermore he noted that in reviewing the case it was clear Nolan put the blame on everyone else. With that said, the judge sentenced Nolan to time in the penitentiary.

Nolan 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.

Meanwhile, Phillip David Montgomery, 20, of 38669 State Route 7, Sardis, appeared in circuit court on Sept. 21 wherein Attorney Roger Weese stated a plea offer had been made by the state. Weese asked for time for his client to consider the offer, and a return date was set for Oct. 14 at 10 a.m. Montgomery’s bond continues.

On May 27 Montgomery entered a plea of innocence to his 27-count indictment. Notably, on Sept. 20 Codefendant Christopher Lee Richmond, 22, also of 38669 State Route 7, Sardis, pleaded guilty to counts two and 10 of the same 27-count indictment, and was sentenced to the state penitentiary for a total period of three to 30 years for his offenses in both Wetzel and Marshall counties. Per his plea agreement, the state dismissed the remaining counts of Richmond’s indictment and Richmond has agreed to testify against Montgomery.

Montgomery and Richmond were handed a 27-count indictment each for offenses ranging from burglary to destruction of property and larceny.

Lastly, Michael Fletcher, 29, of 114 North Second Avenue, Paden City, will also consider a plea offer from the state and return Oct. 14 at 10 a.m. His bond continues.

On May 27 Fletcher pleaded innocent to his two-count indictment alleging that on or about Jan. 2 and Jan. 5, in Wetzel County, Fletcher allegedly committed the felony offense of delivery of a controlled substance (Vicodin), a Schedule III controlled substance.