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McGee Pleads Guilty To Burglary

By Staff | Nov 20, 2008

A Smithfield man pleaded guilty in Wetzel County Circuit Court Nov. 7 to one count of nighttime burglary.

The charge against Kevin Scott McGee, 29, of Route 1, Box 9B, stems from an event between Feb. 3 and Feb. 24 in which it is alleged he, in the company of two other individuals, entered a residence belonging to Alice Hayhurst near Jacksonsburg.

Prosecutor Tim Haught said the state has three confessions from the three people involved. However, they all differ with respect to who did what. “It’s a very interesting confession to read,” said Haught.

Defense Attorney Kevin Neiswonger said McGee agrees that he did make a confession and was treated well by Wetzel County Sheriff’s Deputy Cpl. Roger Spragg.

“I went to a hunting cabin and broke into it,” McGee admitted in court.

Judge John T. Madden sentenced him to one to 15 years in the West Virginia Penitentiary for Men with credit for time served. The sentence was suspended and he was placed on two years probation. He must pay all costs of prosecution including all court appointed counsel fees. Haught said that 90 percent of the stolen property was recovered and restitution has already been made.

Two other counts were dismissed: nighttime burglary and grand larceny. McGee allegedly took a Power Back 5250 Watt generator, a Stihl 310 chainsaw, a Savage .22 rifle, and multiple items of tools, equipment, ammunition, and other goods having a cumulative value of more than $1,000.

David R. Watson, 43, of 89 Helen Street, New Martinsville, asked Madden to reconsider his June 6 sentence of one-to-three years in the West Virginia Regional Jail and Correctional Facility for third-offense driving under the influence. He had been found guilty of the charge in a jury trial on April 14.

Neiswonger presented Madden with 10 certificates Watson had earned by taking various classes at the Northern Regional Jail while incarcerated. Also, he has had no write-ups for violations during his time there.

“Mr. Watson was very compliant through the whole process. I think he should be commended for accepting responsibility,” argued Neiswonger.

Haught disagreed. “He should be incarcerated for the term provided by the statute,” said the prosecutor, who added that there were injuries as a result of Watson’s crime. “It was dangerous. It’s always a dangerous act when someone operates a motor vehicle under the influence of alcohol.”

“I’ll give the case consideration,” said Madden.

Defense Attorney Neiswonger requested a psychological evaluation to determine the competency and culpability of Krista Dawn Dennis, 22, of 265 Virginia St., New Martinsville, or 3720 Trumbull St., Bellaire.

Dennis was indicted on Sept. 9 on one count abuse of an elderly person, alleging she abused Katherine Muncie, a female person over the age of 65, by striking her in the head with her hand. There are additional charges pending in both Wetzel and Monroe counties. Haught said he is working to arrange an agreement that would encompass all the charges. To explain the evaluation request, White said, “We’re kind of looking at it more for addiction and sentencing options.”

Madden did not grant the request, saying his sentencing options are very limited in addiction cases. He seemed to indicate a formal evaluation would not change how he would carry out sentencing. “Let’s just assume she does have a serious addiction problem,” offered Madden.

Dennis will return to court Dec. 5 at 9 a.m.