Defendants In Three Sealed Cases Arraigned
Three of the four sealed indictments handed down by the Wetzel County Grand Jury that met Sept. 9 were revealed in Wetzel County Circuit Court Oct. 24.
Randelin N. Long, 19, of 130 N. Bridge St., Chapel View Apartments, Apt. B2, New Martinsville, was arraigned on one count of delivery of a controlled substance, heroin, to have taken place in July 2008 and one count of manufacturing a controlled substance, marijuana, to have taken place in July 2008. She does not feel she can afford an attorney, so she was to fill out an affidavit for court-appointed representation.
Long is to return to court on Nov. 7 at 9 a.m.
William Michael Pegg, 43, of Rt. 1 Box 53, New Martinsville, or Box 47D, Glen Easton, W.Va., was indicted on three counts of failure to update sexual offender registration information, second or subsequent offense. The date of the offenses are as follows: Count one, moved to a new address, June 4, 2008; count two, failure to report a change of vehicle, April 1, 2008; and count three, failure to report in the month of his birth to provide yearly update information, June 1-30, 2008.
Represented by Luke Furbee, Pegg pleaded not guilty to the charges. The state hand delivered their discovery and request in court and the defense is to respond by Nov. 5. They will return to court Nov. 18 at 8:45 a.m. for further proceedings.
Josh E. Mylar, 19, of 401 N. Eighth Ave., Paden City, was arraigned on one count of delivering of a controlled substance, heroin, on July 14. Represented by Jeremiah Gardner of the Public Defender Corporation, Mylar stood silent to the charge and the court entered a not guilty plea on his behalf.
The state hand delivered their discovery and request in court and the defense is to respond by Nov. 5. They will return to court Nov. 7 at 9 a.m. for further proceedings. At that time Gardner anticipates making a motion for bond reduction. Haught noted that Mylar is being held in the Northern Regional Jail on a bailpiece from his bondsman.
Mylar’s father, Richard E. Mylar, 41, of 401 North Eighth Ave., Paden City, was also indicted by the grand jury in September for attempted nighttime burglary. He was also in court Friday. A trial date of Nov. 17 was set and his $5,000 personal recognizance bond set in Wetzel County Magistrate Court was continued with the provision that Mylar
have no contact with the victim.
A plea agreement has reportedly been offered to Donald Alex Garant, 40, of 834 Third St., New Martinsville, who is charged with two counts of failure to update sex offender registry information, second or subsequent offense. However, Defense Attorney John Gardner said he has not had an opportunity to go over the offer with his client. They are to return to court Nov. 7 at 9 a.m.
Count one alleges that on March 28 Garant failed to register a change of information (new employer) to the West Virginia State Police as required. Count two alleges he failed to report in the month of his birth to the West Virginia State Police Detachment in Wetzel County. He was convicted in Wetzel County Magistrate Court on May 23, 2001, and Jan. 10, 2007, of the offense of failure to register as a sexual offender.
A trial date of Dec. 8 was set for Melissa A. Lallathin, 45, of P. O. Box 53, Proctor.
She is charged with, counts one and two, misappropriation of funds of an elder person; counts three and four, forgery; and counts five and six, uttering. The charges stem from the alleged forgery and cashing of two checks on or about Feb. 25 and 26 in the amounts of $200 and $267 made out to Sally Ellington from the account of Jean D. Dailey. A $5,000 personal recognizance bond set in Wetzel County Magistrate Court was continued, with the additional provision that she have no contact with Dailey.
A suppression hearing was held in the case of Cecil Dewayne Ingold, 51, of 16745 County Road Nine, New Matamoras, was indicted on one count of possession of a controlled substance (marijuana) with intent to deliver. The offense allegedly took place on July 14.
The hearing included testimony of New Martinsville Police Department Patrolman Steve Kastigar who arrested Ingold on July 14 outside of the 7-11/BP station at the intersection of North Street and W.Va. 2 in New Martinsville.
Kastigar testified that he had received a tip that Ingold had allegedly been selling illegal substances from his truck. “It gave me concern,” said Kastigar who had arrested Ingold before for possession and domestic battery.
He had found the described vehicle in the Brooklyn section of New Martinsville and followed it north on W.Va. 2. Ingold pulled the truck into the gas station parking lot, where Kastigar stopped his car and asked Ingold to come talk with him. During their conversation where both men were standing, the officer noticed Ingold clinching something in his pocket. Ingold reportedly allowed Kastigar to “pat him down” and the officer found two “bowls”, or marijuana pipes, with drug residue in his pocket.
He placed him under arrest for possession of marijuana. Ingold stayed at the patrol vehicle with Patrolman Mike Thomas who had been called to the scene.
Kastigar then approached the truck where he saw a black nylon case matching the description given by the informant. He entered the truck and found various drug-related items including 67 grams of “green leafy substance which I believed to marijuana,” said Kastigar. He also found digital scales, prescription medication, and $676 cash.
Madden indicated there was no reason why Kastigar couldn’t have gotten a search warrant for the truck after Ingold was handcuffed.
Gardner is to submit reasons to suppress the evidence by Nov. 7. Haught must reply by Nov. 19. They will return to court on Nov. 24 for further proceedings. His bond was continued.