John Cody Postlethwait

Two were sentenced following guilty pleas entered in Wetzel County Circuit Court on Monday. Judge Mark A. Karl presided over these and other cases, one of which is set for trial in December.

John Cody Postlethwait, 20, of 715 Fifth Street, New Martinsville, was sentenced to two to 10 years in the West Virginia Penitentiary for Men following his guilty pleas on Monday to four charges ranging from delivery of a controlled substance to sexual abuse. Specifically, Postlethwait pleaded guilty to two counts of sexual abuse in the first degree, one of which being the lesser included offense to count one of his three-count indictment. He also pleaded guilty to his one-count indictment of delivery of a controlled substance (marijuana) and to one count by way of information to grand larceny.

Postlethwait was given one to five years each for the two sexual abuse charges, to run consecutively, and concurrent sentences of one to five years for the drug charge and one to 10 years for grand larceny. Upon release, Postlethwait will be placed on supervised release for 10 years and must register as a sex offender and maintain that registry with the state police. He is also to have no contact with the victims in his cases and pay restitution and counseling fees to the victims in addition to court costs.

Pursuant to the plea agreement, the state dismissed the remaining counts against him and also dismissed two cases pending in Magistrate Court, one under the condition that he makes restitution to another victim. Per the defendant’s request, the judge released Postlethwait on his former bond and will self-report to the sheriff’s office at noon on Oct. 31 to begin serving his sentence. Postlethwait was granted this two-week period to complete work on a job.

On or about Aug. 4, 2009, in Wetzel County he allegedly committed the felony offense of sexual assault in the second degree (counts one and two) and sexual abuse in the first degree (count three). During his sentencing hearing Postlethwait admitted to having made sexual contact with an intoxicated individual without her consent. Notably, Wetzel County Prosecuting Attorney Timothy Haught further stated there was photographic evidence that physical force was involved.

On or about Jan. 19, Postlethwait committed the felony offense of delivery of a controlled substance (marijuana), a Schedule I controlled substance. According to both Postlethwait and Haught, Postlethwait sold marijuana to a confidential informant.

In addition to these charges John Cody Postlethwait was arrested in July for grand larceny. According to testimony and documentary evidence, Postlethwait stole rings having a cumulative value of over $1,000 from an individual and resold the jewelry to a local store.

Howard Ray Starkey, 23, of 1026 Third Street, New Martinsville, was also sentenced to the state penitentiary for a period of one to 10 years following his guilty plea on Monday to count two of his indictment, that being the felony offense of grand larceny. However, execution of his sentence was suspended and Starkey was placed on two years supervised probation. Starkey is also ordered to pay court costs and restitution to those who purchased stolen guns from him. Pursuant to the plea agreement, the state dismissed the remaining counts of his indictment.

When asked what he did regarding count two of his indictment, Starkey stated he stole several guns to pay bills. Haught noted all eight firearms stolen have been recovered.

Starkey received a four-count indictment for his offenses said to have occurred between Feb. 15 and March 24, 2010, in Wetzel County.

Counts one and three charged Starkey with the felony offense of burglary in that he allegedly entered the residence of Robert and Ruth Starkey located at HC 62, Box 40, Pine Grove, with the intent to commit a crime in two occurrences.

Counts two and four charged Starkey with the felony offense of grand larceny wherein he allegedly stole firearms having a cumulative value of more than $1,000 belonging to Robert Michael King at two separate occasions.

In another matter Brandon Robert Harvey, 25, of 6326 Lee Creek Road, Belleville, W.Va., appeared alongside retained counsel George Cosenza to hear the court’s ruling on a motion to set bond. After discussion over Harvey’s health issues, particularly his diabetes and his mental stability, the judge objected to setting bond based on the seriousness of the charges and Harvey was remanded to the Northern Regional Jail. His next court appearance will be for his trial set for Dec. 12 at 9 a.m.

During the hearing Cosenza stated his client was having a difficult time controlling his sugar levels due to the diet provided by the prison. He also noted Harvey was starting to get sores on his feet and was experiencing diminished eyesight. Cosenza reiterated that should the court grant the setting of bond, Harvey would reside in Wood County with his grandparents who raised him.

Haught stated he had concerns about the defendant’s mental state and attitude toward the victim. “I believe he poses a potential threat to her,” he noted. Additionally, Haught felt Harvey was a flight risk due to the potential sentence he faces. In response to Harvey’s diabetic condition, Haught said he was aware the NRJ had an established protocol in dealing with special dietary needs.

On Sept. 14 Harvey entered a plea of innocence to his indictments of kidnapping and two counts of domestic battery.

According to the true bills handed down by Grand Jurors during their September 2011 grand jury session, count one details that between Aug. 19 and Aug. 20 in Wetzel County, Harvey allegedly committed the felony offense of kidnapping in that he unlawfully, intentionally, knowingly, and feloniously and by force, threat, duress, fraud, or enticement, took, confined, or enticed away a female without her consent, for the purpose of receiving and demanding a concession or advantage of any sort from the said victim.

Counts two and three of the indictment state that between the same dates as above, Harvey allegedly committed the misdemeanor offense of domestic battery in that he willfully, unlawfully, knowingly, intentionally, and feloniously made physical contact of an insulting or provoking nature with the same female, his ex-girlfriend, by shoving her to the ground and striking her with his hands in New Martinsville.

Lastly, Daniel L. Postlethwait, 26, of 28 Rose Street, Lot 42 South, New Martinsville, appeared in Wetzel County Circuit Court alongside Attorney H. John Rogers wherein a return date was set for Oct. 28 at 11 a.m. The defendant remains on bond.

On Oct. 18 Daniel Postlethwait entered a plea of innocence to his one-count indictment for his offense said to have occurred during the month of March in Wetzel County wherein he allegedly committed the felony offense of display of obscene matter to a minor in that he displayed such matter to a minor.