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Defendants Return To Wetzel County Circuit Court

By Staff | Mar 2, 2011

Several defendants appeared in Wetzel County Circuit Court Feb. 9 and Feb. 25 to continue matters regarding charges filed against them. Judge Mark A. Karl presided.

On Feb. 9 Joshua S. Dye, 21, of 2331 Mill Creek Road, Raven, Va.; Kevin E. Burress, 34, of 111 Brewster Lane, Cedar Bluff, Va.; and Wesley L. Burress, 35, of 315 Brewster Lane, Cedar Bluff, Va., appeared before Judge Karl in circuit court. They will return to Wetzel County Circuit Court March 7 at 10 a.m. Their bonds continue.

On Jan. 26 the three defendants entered innocent pleas for their one-count indictments in connection to an attempted burglary.

The three allegedly worked together in attempting to perform an act of theft on or about Nov. 11 in Wetzel County which resulted in the receipt of one count each against them.

Joshua Dye and Kevin Burress are charged with one count each of attempted entry of a building other than a dwelling for allegedly attempting to break and enter Norris Pharmacy located in Pine Grove with the intent to commit a larceny therein.

Wesley Burress is charged with one count of aiding and abetting attempted entry of a building other than a dwelling for allegedly counseling with, aiding, and abetting Joshua Dye and Kevin Burress to attempt to break and enter Norris Pharmacy located in Pine Grove.

The remaining cases were heard in Wetzel County Circuit Court on Feb. 25.

Warren Todd Wade, 46, of HC 68 Box 21, Wileyville, appeared in circuit court alongside newly appointed counsel Kevin Neiswonger. In this posture, Neiswonger requested time to obtain and review matters of discovery. Wade was remanded to the Northern Regional Jail and a return date was set for March 21 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.

Daniel L. Postlethwait, 25, of 28 Rose Street, Lot 42 South, New Martinsville, was present to move forward with an evidentiary hearing, however due to the nature of the matter Judge Karl ruled to reset the matter for another time, and possibly in a closed hearing. Both the state and Attorney H. John Rogers agreed they could proceed with such a hearing in open court, to which Judge Karl then requested they stipulate in writing what would be presented prior to the next hearing date scheduled for March 23 at 1:30 p.m. Postlethwait’s bond continues.

On Oct. 18 Daniel Postlethwait entered a plea of innocence to his one-count indictment for his offense said to have occurred during the month of March in Wetzel County wherein he allegedly committed the felony offense of display of obscene matter to a minor in that he displayed such matter to a minor.

Howard Ray Starkey, 23, of 1026 Third Street, New Martinsville, also appeared in court on Friday. Attorney Neiswonger stated he and the state were still in plea negotiations and a return date was set for March 21 at 1:30 p.m. 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.

Roger Kent Boggess III, 21, of P.O. Box 227, Hundred, appeared in Wetzel County Circuit Court alongside Attorney Frederick Gardner, who stated time was needed to file motions. Boggess’ bond continues and will return March 21 at 1:30 p.m.

On Jan. 26 Boggess 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.

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.

Lastly, Larry Virgil Watson III, 18, of HC 61 Box 95 B, Littleton, appeared in circuit court alongside Attorney David White, who requested time to review matters before proceeding with the case. Judge Karl set a return date for March 21 at 1:30 p.m. Watson’s bond continues.

On Feb. 18 Watson pleaded innocent to his one-count indictment of the felony offense of manufacturing a controlled substance (marijuana) wherein on or about Sept. 27 in Wetzel County he allegedly manufactured, by cultivation, marijuana, a Schedule I controlled substance.