The Honorable Judge Jeffrey D. Cramer, Chief Judge of the Second Judicial Circuit, heard criminal matters in Wetzel County Circuit Court during the midday hours of Tuesday, January 24, 2023.

Ronald Blaine Hines, age 44, with address listed at 601 Kapple Street, New Martinsville, WV, appeared before the Court for a sentencing hearing. Mr. Hines was represented by Attorney Kevin Neiswonger of the Moundsville law firm of Neiswonger & White. The State of West Virginia was represented by Wetzel County Prosecuting Attorney Timothy Haught. Mr. Hines was indicted by a Wetzel County Grand Jury during the January 2021 term on four misdemeanor charges: one count of Negligent Homicide, one count of Second Offense of Driving While Revoked for DUI, one count of Driving a Vehicle with Defective Equipment, and one count of Improper Lane Change. On Tuesday, December 6, 2022, in Wetzel County Circuit Court, Mr. Hines pled guilty to the Negligent Homicide charge. The Court accepted the plea and ordered a pre-sentencing investigation. At that time, Mr. Hinesá bond was continued. At the Tuesday, January 24, 2023, sentencing hearing, the Court inquired if the Prosecution and the Defense had received and reviewed the pre-sentencing investigation and inquired of each party if they concurred regarding the content of the investigation. Prosecutor Haught replied he had additions to the investigation under seal and relating to the victimás family. A sidebar conference at the bench ensued with both attorneys, the Defendant, and the Court Reporter (the Court Stenographer) participating. Following the sidebar, the Court provided for members of the victimás family to speak. The victim was Ernest Miale, II, of the State of Virginia. Mr. Mialeás widow spoke of the heartbreak of losing her husband of thirty-three years and her best friend of forty-two years, and of the unspeakable sorrow of the past two years, four months , and twenty-nine days since his death. The widow spoke of the maximum one year sentence the Defendant was subject to versus the loss of life and the lifetime of sorrow that had been inflicted. Mr. Mialeás adult daughter then spoke, relating fond memories of spending time with her father in his garage while she was still in diapers and speaking of his mechanical abilities, his kindness, and his intellectual capacity. The third to speak was Mr. Mialeás son-in-law, and he spoke of Mr. Mialeás awareness, consciousness, and quick mind and quick wit. âI miss him so much,ã the son-in-law said.

Prosecutor Haught stated that all the State can do is follow the law and the Prosecutor asked the Court to impose upon the Defendant the statutory maximum sentence of one year incarceration. The Defendant, Mr. Hines, spoke. âIám terribly sorry. I wish I could go back in time. I live with this every day. No matter what I say, itás not going to fix what I did.ã

On a stretch of West Virginia Route Seven east of New Martinsville in late August of 2020, a motorcycle operated by Mr. Miale and an automobile operated by the Defendant came into contact, with Mr. Miale perishing.

The Court spoke to the lengthiness of the pre-sentencing report, Mr. Hinesá criminal history, which the Court characterized as lengthy, and Mr. Hinesá lack of a driverás license at the time of the incident. The Court imposed upon Mr. Hines the maximum one year sentence, a thousand dollar fine, the costs of prosecution, and the deceasedás funeral costs. The Court ordered Mr. Hines remanded and two Wetzel County Sheriffás Deputies secured Mr. Hines and escorted him from the courtroom.

In a second matter, Norman Francis Adams, age 32, with address listed at 1613 Morgan Run Road, Burton, WV, but lately of Carroll County, Ohio, appeared before the Court for a status hearing. Mr. Adams was represented by Attorney Roger Curry of the Public Defender Corporation (PDC). The State of West Virginia was represented by Wetzel County Prosecutor Timothy Haught. Mr. Adams was indicted by a Wetzel County Grand Jury during the May 2021 term on two felony counts of Possession of Stolen Property, one felony count of Burglary, one felony count of Grand Larceny, six felony counts of Entering a Building Other than a Dwelling, and one misdemeanor count of Fleeing on Foot From an Officer. Not guilty pleas were entered to all charges at the May 20, 2021 arraignment. Prosecutor Haught stated to the Court that the case had an unusual posture, in that Mr. Adamsá co-defendant was Larry Virgil Watson, III, and Mr. Adams had been sentenced by Judge David W. Hummel, Jr., and the execution of the sentence was held in abeyance until the conclusion of Mr. Watsonás case. The Court advised that there was nothing to rule on, as the Defendant has already been sentenced, and short of a Rule 35(b) motion from Defense Counsel, the Court has no jurisdiction regarding the sentence.

By way of background, and endeavoring to not get too deeply into the weeds on this matter, according to a plea agreement reached on December 14, 2021, Mr. Adams was sentenced to one to ten years on one of the Possession of Stolen Property counts and one to fifteen years on the Burglary charge. The sentences, which are to run consecutively, were handed down in Wetzel County Circuit Court by Judge David W. Hummel, Jr., who resigned in late November 2022. Additionally, the sentences were to be held in abeyance until the trial of Mr. Adamsá co-defendant, Larry Virgil Watson, III. Mr. Watson is currently serving a one to five sentence as a result of a Wetzel County Jury finding him guilty on August 24, 2022, of the charge of Failure to Appear on Felony Bond, which was a matter entirely unrelated to Mr. Adams. On January 6, 2023, in Wetzel County Circuit Court and appearing before Judge Jeffrey D. Cramer, Mr. Watson entered into a plea agreement that encompassed, among additional other charges, the charges his co-defendant, Mr. Adams, also faced. At that January 6, 2023, plea hearing, the pleas Mr. Watson entered were designated Alford/Kennedy pleas, which are guilty pleas entered in a criminal court whereby a defendant does not admit guilt to the criminal act and asserts innocence but admits that the evidence presented by the Prosecution would likely persuade a Judge or Jury to find them guilty. Accordingly, Mr. Watsonás case is concluded and Mr. Adamsá sentence is no longer to be held in abeyance.

Defense Attorney Roger Curry stated his client, Mr. Adams, is currently living in northern Ohio, is gainfully employed, and made the move to northern Ohio to escape the influences in his life that have contributed to his past errors. Attorney Curry stated to the Court that a Rule 35 Motion would be forthcoming, with the Court responding that a hearing date would be set upon receipt of the motion.

A Rule 35 Motion, if accepted, provides for the review and perhaps modification of a sentence handed down earlier by that court. Prosecutor Haught requested of the Court that Mr. Adams be ordered to pay restitution in the amount of $4,904.94 in the matter. Mr. Adamsá bond was continued.

Lastly, the name of Cody Ray Frazier, age 22, with address listed at 102 North Second Avenue. Paden City, WV, appeared on the docket for a Motion to Revoke Bond. Attorney Roger Curry of the PDC was present to represent Mr. Frazier. Wetzel County Prosecutor Timothy Haught was present to represent the State. Mr. Frazier did not appear. According to court documents, on or about November 12, 2022, a Criminal Complaint was filed in Wetzel County Magistrate Court charging Mr. Frazier with the felony offense of Delivery of a Controlled Substance with the said offense to have occurred on or about April 29, 2022. Bond had been set at $25,000 cash or surety, and Mr. Frazier was committed to the Northern Regional Jail, pending the posting of bond. Again, according to court documents, on or about December 12, 2022, the Defendant waived his preliminary hearing and the case was transferred to Wetzel County Circuit Court. A Motion to Modify Bond to $10,000 personal recognizance and with supervision by the Probation Office was filed and granted, with the PDC to prepare the order. Mr. Frazier was released from incarceration on December 12, 2022, and directed to report to the Probation Office the next day, December 13, 2022. Again, according to court records, when Mr. Frazier reported to the Probation Office on December 13, 2022, the Probation Office told Mr. Frazier they had no order directing them to supervise Mr. Frazier and without such an order he could not be placed under supervision and for Mr. Frazier to contact his attorney. The Probation Office informed both the Prosecutorás office and the Defense Attorney of the issue. Apparently, Mr. Frazierás December 13, 2022, contact with the Probation Office was his last contact with that office. Additionally, the Probation Office has evidence alleging Mr. Frazier attempted to purchase drugs. Hence, the Motion to Revoke Mr. Frazierás bond. During the January 24, 2023, courtroom discourse of the matter, the Court asked if Mr. Frazier knows heás to report. The Court granted the Motion to Revoke and issued a Capias for Mr. Frazier.