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Defendants To Return To Wetzel County Court

By Staff | Feb 9, 2011

Many defendants were arraigned on new charges, while some returned to address continuing matters during Wetzel County Circuit Court on Jan. 26. Judge Mark A. Karl presided.

Benjamin Joseph Dotson, 30, of 2503 Beverly Street, Parkersburg, will be arraigned today at 1:30 p.m. as it was learned in court Jan. 26 that presently appointed counsel Gardner has a conflict in Dotson’s case. As such Attorney Weese was assigned to represent Dotson. Dotson was remanded to the Northern Regional Jail.

Dotson was handed three-count and five-count indictments for his offenses involving attempted theft and possession of controlled substances with the intent to deliver.

Regarding his three-count indictment, count one charges that between June 24-25 in Wetzel County Dotson allegedly committed the offense of entry of a building other than a dwelling in that he did break and enter a building commonly know as the Robert C. Byrd Center, housing the offices of the Town of Pine Grove and the Wetzel County Committee on Aging, located in Pine Grove with the intent to commit a larceny therein.

Count two alleges that during this same time and location Dotson committed the misdemeanor offense of petit larceny in that he stole, took, and carried away goods and chattels having a cumulative value of less than $1,000, belonging to the Town of Pine Grove and the Wetzel County Committee on Aging, with the intent to permanently deprive the owner of said goods.

Count three charges Dotson with the misdemeanor offense of destruction of property for allegedly forcing open a window and multiple doors in the Robert C. Byrd Center in Pine Grove, thereby damaging the said window and doors.

Regarding his five-count indictment, counts one through five charge that Dotson allegedly possessed various controlled substances, those being: Xanax, a Schedule IV controlled substance; Vicodin, a Schedule III controlled substance; Lortab, a Schedule III controlled substance; Lorcet, a Schedule III controlled substance; and Dolophine, a Schedule II controlled substance, respectively, with the intent to deliver those same substances on or about Nov. 27 in Wetzel County.

Dotson is presently being held in the Northern Regional Jail on a $40,000 bond for his Wetzel County charges, but is also being held without bond for charges in Mercer County.

Roger Kent Boggess III, 21, of P.O. Box 227, Hundred, remained silent as the court entered innocent pleas to his three-count indictment for his offenses said to have occurred on or about Oct. 1 in Wetzel County. It was noted Boggess has posted bond and will return Feb. 25 at 10 a.m.

Count one charges Boggess with possession of marijuana, a Schedule I controlled substance, with the intent to deliver the same; count two alleges Boggess possessed Hydrocodone, a Schedule III controlled substance, with the intent to deliver the same; and count three charges Boggess with possession of Oxycodone, a Schedule II controlled substance with the intent to deliver the same.

Stephanie Nicole Fox, 20, of HC 61 Box 95C, Littleton, was not present in court for her arraignment, however it was noted she had called the clerk’s office earlier explaining she was unable to appear due to road and weather conditions. Judge Karl ordered she be summoned to appear today at 1:30 p.m.

Co-defendant Larry Virgil Watson III, 18, of HC 61 Box 95 B, Littleton, was able to make his appointment in Wetzel County Circuit Court, though he did also call ahead to notify the clerk’s office of his possible absence due to weather conditions. Watson appeared without counsel and was ordered to fill out an affidavit. Bond was set at $2,500 cash, surety, or professional bondsman and Watson was given until 4 p.m. the following day to post bond. If unable to post bond he was ordered to surrender himself to the Wetzel County Sheriff’s Office to be transferred to the Northern Regional Jail. Watson will return today at 1:30 p.m.

Fox and Watson were handed a one-count indictment each for the felony offense of manufacturing a controlled substance (marijuana) wherein on or about Sept. 27 in Wetzel County the two allegedly manufactured, by cultivation, marijuana, a Schedule I controlled substance.

Kenneth Evan Powell Jr., 46, of 315 South Third Avenue, Paden City, addressed the court requesting time to retain new counsel as Powell was already very displeased with his representation from Wheeling attorney Jerry Sklavounakis. Powell stated his attorney didn’t even contact him until the day before he was to appear, to which Sklavounakis replied that he mailed a courtesy letter to Powell at the Paden City address which was provided to him. It was learned in court that Powell in fact was temporarily living at 447 Rosebud Avenue in Clarksburg.

After much discussion, Powell and Sklavounakis came to an agreement and Powell will retain another lawyer in time for his return date on Feb. 18 at 10 a.m. The state had no objections to Powell’s bond continuing, with the additional term that Powell notify the prosecutor’s office in the event Powell changes residence again.

Powell holds a one-count indictment for the felony offense of delivery of a controlled substance (marijuana) within 1,000 feet of a school.

On or about Oct. 21 in Wetzel County Powell allegedly, being 18 years of age or older, delivered marijuana, Schedule I controlled substance, within 1,000 feet of the real property comprising Paden City High School.

Paul William Derby, 27, of 416 Foundry Street, New Martinsville, also appeared without counsel in Wetzel County Circuit Court. The Public Defender Corporation was appointed to the case. The state requested bond be set at $5,000 cash, surety, or professional bondsman. Derby had until the following day at 4 p.m. to post bond or report to the Wetzel County Sheriff’s Office to be transferred to the Northern Regional Jail. He will return today at 1:30 p.m.

Derby was handed a one-count indictment for delivery of a controlled substance (Hydrocodone). The indictment alleges that on or about Sept. 23, 2009, Derby delivered Hydrocodone, a Schedule III controlled substance, in Wetzel County.

Curtis A. Lemasters, 25, of 215 Scott Place, Fairmont, remained silent as the court entered innocent pleas to his three-count indictment for his offenses said to have occurred on or about Oct. 27 in Wetzel County. Attorney Gardner requested Lemasters’ $5,000 cash only bond be modified to allow him to make bond. Judge Karl granted modification to $5,000 cash, surety, or professional bondsman. At the state’s request, should Lemasters make bond, he is not to drive, as he does not have a license. Lemasters was remanded to the Northern Regional Jail and will return today at 1:30 p.m.

Lemasters is charged with third offense driving on a license revoked for DUI (count one) wherein he operated a motor vehicle on state Route 7 and state Route 20, having previously been convicted of the offense of driving suspended/revoked for DUI in two cases in the Magistrate Court of Marion County on or about Aug. 5, 2008.

Lemasters is also charged with the felony offense of fleeing from an officer in a vehicle (count two) for allegedly fleeing from Deputy R. L. Scott Jr., who was acting in his official capacity as a Wetzel County Sheriff’s Deputy, after Deputy Scott had activated his blue lights and siren, and Lemasters operated his vehicle in a manner showing a reckless indifference to the safety of others by driving at high rates of speed while a pregnant female passenger was in his vehicle.

Lastly, Lemasters is charged with the felony offense of altering a distinguishing number for a motor vehicle by placing on his motor vehicle a registration plate which he knew was not assigned to his motor vehicle.

Warren Todd Wade, 46, of HC 68 Box 21, Wileyville, appeared in Wetzel County Circuit Court for his arraignment to new charges. While there is still some dispute over Wade’s representation in his other cases presently in hearing, Attorney Gardner stood beside Wade on Wednesday as the presently appointed counsel to Wade’s new two-count indictment. The state noted to the court that unlike what Wade said in a previous hearing, the West Virginia Supreme Court has no record of receiving Wade’s Writ of Prohibition regarding Judge Karl’s ruling to keep Gardner appointed to Wade’s case. As matters remain unresolved, Judge Karl ordered Wade be remanded to the NRJ and return today at 1:30 p.m.

On Jan. 17 Wade was handed a two-count indictment this term for offenses said to have occurred in Wetzel County on or about June 7.

Count one charges Wade with the felony offense of fleeing from an officer while DUI wherein he allegedly, being under the influence of alcohol at the time, fled in a vehicle on state Route 7 from Deputy R. L. Scott Jr., who was acting in his official capacity as a deputy for the Wetzel County Sheriff’s Office, after Deputy Scott had activated his blue lights in an attempt to stop the vehicle.

Count two charges Wade with the felony offense of driving under the influence of alcohol wherein he allegedly drove a vehicle on state Route 7 while under the influence of alcohol in the above outlined incident.

On Oct. 4 Wade entered innocent pleas to a total of 11 indictments from the September term. Wade received a three-count indictment for his offenses, said to have occurred on or about Sept. 11. Counts one and two of this indictment charge Wade with the felony offense of wanton endangerment involving a firearm in that he allegedly pointed a firearm at Cpl Roger G. Spragg II and Deputy R. L. Scott Jr. in Wetzel County. Count three charges Wade with the misdemeanor offense of possession of a firearm by a convicted felon in that he did possess a firearm and had been convicted of one count of grand larceny during the month of September 2007 in Wetzel County.

In his second indictment, Wade is charged with one count each of the felony offense of sexual assault in the first degree and sexual abuse by a custodian wherein between Jan. 1 and Feb. 28 Wade, being 14 years old or more, allegedly engaged in sexual intercourse with a female child, who was younger than 12 years old and was not married to Wade. Count two of the indictment alleges that between the same span of time Wade engaged in sexual intercourse with a female child under his care, custody, or control.

Wade’s third indictment charges him with one count each of the felony offense of fleeing from an officer while driving under the influence and driving under the influence of alcohol wherein on or about June 7 Wade, being under the influence of alcohol, fled in an all terrain vehicle on state Route 7 in Wetzel County from Deputy R. L. Scott Jr. after Deputy Scott had activated his blue lights in an attempt to stop the vehicle. Count two of this indictment alleges that on or about the same date Wade drove an all terrain vehicle while under the influence of alcohol.

In his fourth indictment Wade is charged with one count each of the felony offense of entry of a building other than a dwelling and grand larceny wherein between Sept. 7 and Sept. 8 Wade allegedly entered Gary Cecil Motors in New Martinsville. Count two of the indictment alleges that during that time Wade stole a Ford F-150 pick-up truck having a value of more than $1,000 belonging to Gary Cecil Motors.

Wade is also charged with one count of the felony offense of sexual abuse in the first degree wherein on or about Feb. 7, 2010, he allegedly engaged in sexual contact with a named male.

Lastly, Wade is charged with one count of the felony offense of receiving stolen goods wherein between April 28 and June 7 Wade allegedly received a stolen 2006 Kawasaki Model 750 all terrain vehicle in Wetzel County which he knew or had reason to believe had been stolen.

Thomas Clark Johnson, 29, of 312 Mount View Gardens, Waynesburg, Pa., remained silent as the court entered innocent pleas to his three-count indictment charging him with the felony offense of forgery said to have occurred between July 22-23 in Wetzel County. Attorney Gardner requested bond be lowered from the present $5,000 for each count to $5,000 cover-all to allow Johnson to make bond. Judge Karl granted bond modification to $10,000 cover-all in the form of cash, surety, or professional bondsmen. Johnson was remanded to the Northern Regional Jail and will return today at 1:30 p.m.

Johnson allegedly unlawfully, feloniously, and with the intent to defraud, forged the signature of another person to checks issued by Johnson and made payable to “Thomas Johnson” in the amounts of $240, $300, and $200 respectively to each count. These checks were cashed at a store in Hundred.

Michelle Lasure, 28, of HC 60, Box 82, Pine Grove, was present for a petition to revoke her probation. Haught explained the purpose of Wednesday’s hearing was to address a new petition filed against her for allegedly testing positive on at least two occasions for drugs. Lasure also had a prior petition against her, however it was dismissed following her fulfillment of a bargaining agreement with the state. Lasure’s probation terms continue until her next appearance for a preliminary hearing set for today at 1:30 p.m.

On March 4 Lasure pleaded guilty to one-count forgery and one-count uttering (counts one and two of her 12-count indictment). The remaining counts, five each of forgery and uttering, were dismissed per her plea agreement. Judge David W. Hummel Jr. sentenced her to one to 10 years in the West Virginia State Penitentiary for Women for each charge, to be served concurrently. Judge Hummel suspended incarceration and ordered Lasure to two years supervised probation.

Lasure allegedly, between Feb. 20 and 28, 2009, forged the signature of another person, Garnett Harrison, on the WesBanco account of Garnett A. Harrison and Sherlyn D. Moore, and made payable in the amount of $50 four separate times, $75 once, and $30 once. She also allegedly committed uttering when she employed the WesBanco checks to be signed as true. All of these checks were made payable and cashed at Simon’s Market in Pine Grove.

Andrew Laugh, 20, of 134 Wetzel Street, Paden City, was present in Wetzel County Circuit Court to set a plea date, which is set for today at 1:30 p.m. His 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.

Randy L. Lewis, 21, of 325 Virginia Street, New Martinsville, appeared in Wetzel County Circuit Court wherein Attorney Dave White requested a return date to allow time to resolve miscellaneous matters. A return date was set for Feb. 18 at 10 a.m. Lewis’ bond continues.

Lewis is facing 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.

The case of Rodney Lee Nolan, 24, of HC 62, Box 50A, Burton, continues still as Nolan was unable to appear due to weather conditions. The case was passed until today at 1:30 p.m. His bond continues.

Nolan is indicted on three counts of burglary alleged to have occurred between Oct. 1 and Nov. 1, 2008. Count one charges Nolan with breaking and entering the residence of Clint. W. Jones, located on County Route 66, commonly known as Harker Run Road, in Wetzel County; the residence of William Lane and Sandra Lane, located on Long Drain/Earnshaw Road; and the residence of Millar P. Cayavec, located on Higginbotham Run Road in Wetzel County.

Michael Stiles, 34, of HC 67 Box 61, Hundred, is appealing two charges of domestic assault. He was found guilty of them during a bench trial in Wetzel County Magistrate Court on Aug. 31, 2010. In Wetzel County Circuit Court on Wednesday Stiles appeared alongside appointed attorney, Gardner, though stated he has retained a lawyer. Stiles also requested a bench trial be set later in the month, to which Judge Karl granted. Stiles will return with his retained counsel on Feb. 25 at 10 a.m. His bond continues.

During the bench trial in Wetzel County Magistrate Court on Aug. 31, a third charge of violation of a protective order was dismissed at that time. On Sept. 22, 2010, for each charge he was sentenced to six months in the Northern Regional Jail, to run concurrently, and ordered to pay $160.80 costs.