Judge Continues Most Cases, Issues A Capias
James Matthew Doty, 25, no address given, appeared before Judge Mark A. Karl in Wetzel County Circuit Court Dec. 1.
A bench conference was held wherein it was decided Doty’s present attorney, David White, would soon have a conflict due to a new charge against Doty. Therefore White withdrew as Doty’s counsel and Roger Weese was tentatively appointed to represent Doty in further proceedings. Doty is remanded to the Northern Regional Jail and will return Dec. 17 at 10 a.m. to continue his present case, be arraigned for his newly unsealed two-count charge of delivery of a controlled narcotic substance, and address his most recent Magistrate charge of the felony offense of armed robbery.
On May 26 Doty entered a plea of innocence to his two-count indictment for his charges said to have occurred between April 11 and 12, wherein Doty allegedly committed the felony offense of forgery (count one) by forging the signature of Dona Neely to check number 333 issued by the said Doty on the Peoples Bank National Association account of Northern Mountain State Metals, Inc., and made payable to “Cash” in the amount of $300, which was cashed at Peoples Bank in New Martinsville. Count two charges Doty with the felony offense of uttering by attempting to employ as true the said check when Doty knew the said check was forged.
Additionally, Doty received a newly unsealed indictment charging him with two counts of delivery of a controlled narcotic substance (oxycodone) said to have occurred on or about Dec. 20 and 21, 2009, in Wetzel County.
Doty’s most recent charge is the felony offense of armed robbery wherein on Nov. 21 around 4 a.m. Doty allegedly robbed the Budget Inn of America in Wetzel County at gunpoint, then fled the scene along with two accomplices. The clerk was uninjured and the three individuals got away with less than $200. Doty was later found at a local residence and taken into custody without incident by officers of the New Martinsville and Paden City Police Departments.
The case of Randy L. Lewis, 21, of 325 Virginia Street, New Martinsville, may go to trial following his hearing in Wetzel County Circuit Court on Wednesday. Attorney White told the court more time was needed to review matters of discovery and stated Lewis was willing to waive term and continue the case in January. However, Special Prosecuting Attorney Carl “Worthy” Paul quickly objected, stating a plea offer was made with no response and that the state was ready for trial. With that Judge Karl set the matter for trial Dec. 29 at 9 a.m. However, White informed the court it was likely he would not be available that day. Judge Karl stated the case could be revisited sooner if a resolution was made before Dec. 29. Lewis’ bond continues.
Lewis was handed a one-count indictment wherein during the summer of 2008 in Wetzel County, Lewis allegedly committed the felony offense of sexual assault in the third degree in that he, being 16 years old or more, engaged in sexual intercourse with a female child who was not married to Lewis.
In other matters, Newman B. Hoover II, 43, formerly of Route 1, Box 105, New Martinsville, and presently of 140 Cecil Meneffe Drive, Moorefield, W.Va., was present for his hearing in Wetzel County Circuit Court. Attorney Gardner told the court he had a counteroffer for the state and requested a return date. Hoover will return Dec. 17 at 10 a.m. He was remanded.
On Nov. 9 Hoover stood silent as the court entered innocent pleas for his six-count indictment for his offenses said to have occurred between Sept. 1 and Dec. 1, 2009, and between April 12, 2008, and April 11, 2009, in Wetzel County.
Count one indicts Hoover with the felony offense of sexual assault in the third degree in that he, being 16 years old or more, allegedly had sexual contact with a female child who was not married to Hoover. Count two charges Hoover with the felony offense of sexual abuse by a custodian in that between Sept. 1 and Dec. 1, 2009, he allegedly engaged in sexual intercourse with a female child under his care, custody, or control. In the same span of time listed in counts one and two, count three alleges that Hoover committed the felony offense of incest in that he did engage in sexual intercourse with a relative.
Said to have occurred between April 12, 2008, and April 11, 2009, counts four, five, and six of his indictment charge Hoover with sexual assault in the third degree, sexual abuse by a custodian, and incest for the same occurrences outlined in counts one through three.
Several defendants chose to have their cases carried into the next term of court. John Cody Postlethwait, 19, of 715 5th Street, New Martinsville, waived his right to a speedy trial due to outstanding matters to be addressed. He will return in the next term of court on Jan. 12 at 10 a.m. His bond continues.
On Oct. 27 Postlethwait entered a plea of innocence to his three-count indictment charging him with offenses of a sexual nature wherein on or about Aug. 4, 2009, in Wetzel County he allegedly committed the felony offense sexual assault in the second degree (counts one and two) and sexual abuse in the first degree (count three).
Andrew Laugh, 20, of 134 Wetzel Street, Paden City, also appeared before Judge Karl on Wednesday. Attorney White, standing in for Kevin Neiswonger, told the judge Laugh intended to waive term to continue matters in his case. The state noted they are in the process of negotiations and had no objection to carrying matters into January. Waiver of term was granted, however Judge Karl ordered an earlier return date of Dec. 17 at 10 a.m. to review the status of the case in the event a plea agreement was reached by then. Laugh’s bond continues.
On Oct. 4 Laugh pleaded innocent to his one-count charge of the felony offense of manufacturing a controlled substance (marijuana) said to have occurred June 22 in Wetzel County. Allegedly, Laugh manufactured, by cultivation, marijuana, a Schedule I controlled substance.
Jason S. Noland, 24, of 819 Fifth Street, Apt. 1, New Martinsville, also waived his right to a speedy trial to continue plea negotiations. However, similarly to Laugh’s case, Noland will return Dec. 17 at 10 a.m. to see if his matter can still possibly be resolved this term. Noland’s bond continues.
On Oct. 4 Noland pleaded innocent to his one-count charge of felony possession of a controlled substance (marijuana) with intent to deliver wherein on or about June 29. Noland is also said to have possessed marijuana, a Schedule I controlled substance, in Wetzel County with the intent to deliver the same said marijuana.
Howard Ray Starkey, 22, of 1026 Third Street, New Martinsville, waived term and will not return to Wetzel County Circuit Court until Jan. 12 at 10 a.m., during the next term of court. Starkey’s bond continues. Starkey received a four-count indictment for his offenses said to have occurred between Feb. 15 and March 24 in Wetzel County.
Counts one and three charge Starkey with the felony offense of burglary in that he allegedly entered the residence of Robert and Ruth Starkey located at HC 62, Box 40, Pine Grove, with the intent to commit a crime in two occurrences.
Counts two and four charge Starkey with the felony offense of grand larceny wherein he allegedly stole firearms having a cumulative value of more than $1,000 belonging to Robert Michael King at two separate occasions.
Lastly, Brian Tyler Russell, 20, of 819 Fifth Street, New Martinsville, failed to appear in Wetzel County Circuit Court and thusly, following the state’s motion, Judge Karl issued a capias warrant for Russell’s arrest. On Oct. 4 Russell entered a plea of innocence for his one-count charge of the felony offense of possession of a controlled substance (marijuana) with intent to deliver on or about June 29.