A motion to dismiss counts of failure to update sexual offender registration information, second or subsequent offense against William Michael Pegg, 43, of Rt. 1 Box 53, New Martinsville, or Box 47D, Glen Easton, W.Va., was overruled by Judge John T. Madden in Wetzel County Circuit Court Dec. 12.

Pegg did not appear in court Dec. 12. Defense Counsel Luke Furbee said Pegg had left a message at his office overnight that his job had called him to Virginia to attend to a power outage. “I explained to him (previously) that he needed to be in attendance here today,” said Furbee.

As Pegg is not considered a flight risk, the court did not order a capias warrant for him. He is to return to court Dec. 31 at 9 a.m.

Also, Furbee told Madden he had advised Pegg that he needs to secure different counsel as Furbee will be the prosecutor in Tyler County in 2009.

For a probation violation, Jana K. Schupbach, 28, formerly of 506 Abbie View Drive, New Martinsville, was sentenced Dec. 12 to time served, 15 days, and ordered to continue serving the three years of probation she was sentenced to on July 11 for embezzlement.

On Dec. 28, 2007, Schupbach, in her capacity as an employee of J.W. Potts Insurance Agency, embezzled and used funds in excess of $1,000 for her own benefit. Prosecutor Tim Haught said Progressive Bank had alerted the business to a missing deposit of $5,843.36. Of that, Schupbach allegedly took $2,944 cash and the checks were discarded.

Schupbach allegedly violated her probation by being in bars and drinking establishments on Sept. 4. She had admitted to the violation probation. However, since that time she has found gainful employment and has begun paying restitution in the amount of $2,944.

Since the violation, her probation includes the stipulations that she reside with her mother, be gainfully employed, make restitution, and undergo alcohol treatment.