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Defendants Likely To Enter Into Plea Agreements

By Staff | Nov 2, 2011

It was learned in Wetzel County Circuit Court before Judge Mark A. Karl Friday that several individuals are likely to enter pleas in the near future to their charges in Wetzel County Circuit Court.

A plea agreement has been reached in the case of Christopher James Henderson, 28, of 1250 North State Route 2, Apt. 27, New Martinsville. Also, the state agreed to reduce his bond to a $5,000 personal recognizance bond and a return date was set for Nov. 7 at 10 a.m. for the entry of a plea.

On Oct. 14 Henderson entered innocent pleas to his eight-count indictment.

On Sept. 13 Grand Jurors handed an eight-count indictment to Henderson for several offenses said to all have occurred on or about June 16 in Wetzel County.

Counts one and three state Henderson allegedly committed the felony offense of forgery wherein he did unlawfully, feloniously, and with the intent to defraud, forge the signature of Martie Howell, to two checks issued by Henderson on Howell’s WesBanco account, and made payable to “Cash” in the amount of $100 each, which were cashed at Mayo’s Exxon in New Martinsville to the prejudice of the rights of Howell, WesBanco, and Mayo’s Exxon.

Counts two and four charge Henderson with the felony offense of uttering and attempted uttering for allegedly intentionally, knowingly, unlawfully, and feloniously uttering and employing the first said check as true and attempting to utter and employ the second check as true, by tendering them to Mayo’s Exxon and offering them as true, to the prejudice of Howell, WesBanco, and Mayo’s Exxon, when Henderson knew the said checks were forged.

Counts five and six charge him with the felony offenses of forgery and uttering for allegedly unlawfully, feloniously, and with the intent of defrauding, forging, and employing as true, the signature of Howell to a third check issued by Henderson on Howell’s WesBanco account, and made payable to “Wal-Mart” in the amount of $126.28, which was cashed at Walmart in New Martinsville, to the prejudice of the rights of Howell, WesBanco, and Walmart, when he knew the said check was forged.

Counts seven and eight charge Henderson with the felony offenses of forgery and uttering for allegedly unlawfully, feloniously, and with the intent of defrauding, forging, and employing as true, the signature of Howell to a fourth check issued by Henderson on Howell’s WesBanco account, and made payable to “Go-Mart” in the amount of $65.63, which was cashed at Go-Mart in New Martinsville, to the prejudice of the rights of Howell, WesBanco, and Go-Mart, when he knew the said check was forged.

A plea agreement is close in the case of Skilar B. Campbell, 19, of 140 Cox Street, New Martinsville, who appeared alongside his counsel, Roger Weese. The state agreed to release Campbell on a personal recognizance bond, who will return Nov. 7 at 10 a.m. to likely enter a plea.

On Oct. 14 Campbell entered an innocent plea to his one count of the felony offense of conspiracy to commit breaking and entering.

During the month of March, Campbell allegedly intentionally, knowingly, unlawfully, and feloniously conspired with Michael T. Yost, 33, of 639 James Street, New Martinsville, to commit breaking and entering in Wetzel County.

Notably, Yost pleaded guilty to entry of a building other than a dwelling on July 8 and was sentenced on Aug. 19 to one to 10 years in the West Virginia State Penitentiary for Men.

James Frederick Streets, 51, of HC 61, Box 1, Pine Grove, appeared in circuit court wherein it was learned a Marion County probation revocation hearing for the defendant had been dismissed. With that news, Wetzel County Prosecuting Attorney Timothy Haught anticipated Streets would soon make a plea to his Wetzel County charge. Furthermore, on the recommendation of the state, the judge released Streets on a $5,000 personal recognizance bond and will return Nov. 7 at 10 a.m. for the possible entry of a plea. Streets, however remains under the supervision of Marion County.

Streets remained silent on May 27 as the court entered a plea of innocence to his one-count indictment for his offense said to have occurred on or about April 13 in Wetzel County, wherein he allegedly committed the felony offense of manufacturing a controlled substance (marijuana), a Schedule I controlled substance.

Brooke Frances Strope, 20, of 533 Market Street, Clarington, Ohio, is also in plea negotiations with the state regarding her two-count indictment. She was remanded to the NRJ and will return Nov. 18 at 10 a.m. to continue matters.

For offenses said to have occurred on or about Aug. 3 at New Martinsville’s Walmart in Wetzel County, Strope, along with codefendants Ciara Lynn Barnes, 19, of 202 Cherry Street, Woodsfield, Ohio; Allen G. Grayam, 23, of 537 Market Street, Clarington, Ohio; and Gary Clark Grayam, 19, of 537 Market Street, Clarington, Ohio, were each handed two-count indictments charging them with one count each of the felony offenses of conspiracy to commit grand larceny, and grand larceny for allegedly conspiring amongst each-other to commit grand larceny, and for knowingly, intentionally, unlawfully, and feloniously stealing, taking, and carrying away goods having a cumulative value of more than $1,000 belonging to Walmart Store No. 2684 in New Martinsville with the intent to permanently deprive the owner of said goods.

Lastly, Grayam appeared in court for his arraignment alongside Attorney Brent Clyburn. Regarding his two-count indictment, Grayam entered innocent pleas to the charges and a return date was set for Dec. 16 at 10 a.m. His bond continues.

Timothy Joe Nottingham, 36, of New Martinsville, appeared before Judge Karl wherein it was learned Attorney Jeremiah Gardner was appointed to the case. Needing time to review matters in the case including a plea offer, the judge set a return date for Nov. 18 at 10 a.m. Nottingham was remanded to the NRJ.

Nottingham holds a two-count information charging him with entry of a building other than a dwelling and grand larceny.

On Aug. 30 the New Martinsville Police Department named Nottingham a suspect in a car theft. When police responded to a domestic violence call at his home in the New Martinsville Villa later that evening, Nottingham fled the home, leading NMPD patrolman Don Larsen through the thick fields up and around the area on foot until Nottingham was eventually stopped by fellow patrolman Friend Estep.

At that time Nottingham was charged with breaking and entering and grand larceny, however Chief Tim Cecil said several charges were pending against Nottingham from Wetzel and surrounding counties for various offenses.

Recently having entered a plea to a similar offense in Marshall County, Phillip David Montgomery, 21, of 38669 State Route 7, Sardis, is considering a plea offer from the state. His sentencing hearing for the Marshall County charge is set for Nov. 28, therefore the judge scheduled his return date for Wetzel County Circuit Court for Dec. 16 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 27-count indictments each for offenses ranging from burglary to destruction of property and larceny. They are as follows:

Counts one through six charge Montgomery and Richmond with crimes against William Pitoscia said to have occurred between Jan. 7-8 in Wetzel County.

Counts one and six charge Montgomery and Richmond with allegedly committing the felony offense of burglary in that they broke into Pitoscia’s residence located on Harlan Ridge Road.

Count two states Montgomery and Richmond committed the felony offense of entry of a building other than a dwelling in that they entered without breaking an outbuilding located on property belonging to Pitoscia located on Harlan Ridge Road.

Count three charges the two with grand larceny from Pitoscia.

Counts four and five allege the two committed the misdemeanor offense of destruction of property in that they broke the window in a door to Pitoscia’s residence, and broke the door to an outbuilding on Pitoscia’s property, thereby damaging the said window and door.

Counts seven and eight charge Montgomery and Richmond with crimes against Anthony Pitoscia also said to have occurred between Jan. 7-8 in Wetzel County.

Count seven states Montgomery and Richmond committed the felony offense of grand larceny in that they stole goods or chattels, having a cumulative value of more than $1,000 belonging to Anthony Pitoscia, with the intent to permanently deprive the owner of the same.

Count eight alleges Montgomery and Richmond committed the misdemeanor offense of destruction of property wherein they broke the window in a door to Anthony Pitoscia’s residence located on Harlan Ridge Road, thereby damaging the said window and door.

Counts nine through 14 charge the two with crimes against Carl Nice said to have occurred between Jan. 7-8 in Wetzel County.

Count nine alleges Montgomery and Richmond committed the felony offense of burglary in that they broke into Nice’s residence located on Brock Ridge Road.

Counts 10 and 11 state they committed the offense of entry of a building other than a dwelling wherein the two entered without breaking an outbuilding located on Nice’s property on Brock Ridge Road.

Count 12 charges them with the misdemeanor offense of petit larceny in that he stole goods and chattels, having a cumulative value of less than $1,000 belonging to Nice, with the intent to permanently deprive the owner of the same.

Counts 13 and 14 state Montgomery and Richmond committed the misdemeanor offense of destruction of property wherein they broke a window to Nice’s residence, and the door to an outbuilding belonging to Nice, thereby damaging the said window and door.

Counts 15-17 charge Montgomery and Richmond with crimes against Scott James Urbanek said to have occurred between Jan. 4-10 in Wetzel County.

Count 15 charges the two with burglary in that they broke into Urbanek’s residence located on Hollman Ridge Road. Count 16 alleges they committed petit larceny from Urbanek. And count 17 charges Montgomery with destruction of property wherein he broke a door and lock to Urbanek’s residence, thereby damaging the said door and lock.

Counts 18-20 charge Montgomery and Richmond with crimes against Mark J. Massari said to have occurred between Jan. 4-10 in Wetzel County.

Count 18 charges them with burglary in that the two broke into Massari’s residence located on Hollman Ridge Road. Count 19 alleges they committed. And count 20 charges Montgomery with destruction of property wherein he broke a window and damage doors to Massari’s residence.

Counts 21-25 charge Montgomery and Richmond with crimes against James Richmond said to have occurred between Dec. 21-22 in Wetzel County.

Count 21 charges them with burglary for breaking into Richmond’s residence located on Harlan Ridge Road. Count 22 states they committed the offense of entry of a building other than a dwelling for breaking and entering a detached garage door located on Richmond’s property on Harlan Ridge Road. Count 23 charges both of them with grand larceny from Richmond.

Counts 24 and 25 charge Montgomery and Richmond with allegedly committing the misdemeanor offense of destruction of property for breaking a window to Richmond’s residence and breaking the door to a detached garage on Richmond’s property.

And counts 26 and 27 charge Montgomery and Richmond with the misdemeanor offense of petit larceny for allegedly stealing a 20 gauge Remington Model 870 Express youth shotgun belonging to Cassandra Richmond and for stealing goods and chattels belonging to Kenneth Goddard. Both instances are said to have occurred between Nov. 7 and Jan. 15 in Wetzel County.