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Rine Back In Court Over Alleged Violations

By Staff | Apr 13, 2011

On April 4 Judge Mark A. Karl heard testimony from two individuals regarding a petition to revoke probation. After some time, it was decided more time was needed to address several violations against the defendant. A return date was set for next Monday.

Cody Madison Rine, 23, of HC 60, Box 21C, Reader, and presently in the Northern Regional Jail, appeared in Wetzel County Circuit Court on April 4 for a petition to revoke probation. Following a lengthy hearing wherein testimony was given by Adult Probation Officer Lohn Lantz and the defendant, Judge Mark A. Karl ruled to release Rine from the NRJ and place him back on house arrest until the next hearing set for April 18 at 1:30 p.m.

Lantz testified that the charges against Rine stem from evidence that Rine was away from his residence without permission on several occasions and that furthermore there is evidence that the home confinement monitoring device had been tampered with. Lantz cited the home monitoring report which documents 19 pages of violations over the span of just three days, those being March 1-3, 2011.

Rine was placed on house arrest in July of 2010 following the granting of a Rule 35 sentence modification. Rine was permitted work release as well as release for any scheduled medical and counseling appointments, and meetings with his attorney. Rine was being monitored by a standard home confinement machine with a transmitter placed on his ankle.

Lantz stated he had no reason to believe the records were not accurate, and explained that the only times the machine gives a false “leave and enter” reading is when the transmitter is tampered with, which is also documented as the ankle transmitter operates off of body heat.

Rine, however, states his reason for leaving without permission on March 1 was due to a dental emergency. Rine said he was told he could leave his residence in the case of an emergency but that he must contact Lantz as soon as possible. Rine said he did just that, leaving a message at the probation office around 1 a.m. on March 1 as we went to the hospital. Shortly after that a dental appointment was made and Rine testified that he called the probation office to make Lantz aware of the appointment. Lantz was not in the office at the time so Rine instead spoke with Youth Probation Officer Bryan Hostetler, who allegedly gave Rine permission to see the dentist. Lantz said he had no knowledge of that occurrence.

Retained counsel Roger Weese presented dental x-rays and prescriptions written out by the dentist to Rine as evidence that Rine was in fact seeing the dentist on March 1. Furthermore it was noted Rine chose not to fill the prescriptions in fear that the medications could cause trouble for him under his terms of probation.

Rine also testified that he accidentally broke his ankle transmitter shortly after receiving it, and that he called immediately to get it taken care of. He also stated he was unaware of any violations or problems with the devise, and that should he have noticed anything he would have let Lantz know. “I got two kids to support, family,” Rine said as he noted he did not want or mean for any trouble.

Wetzel County Prosecuting Attorney Timothy Haught noted that the state has not had time to review all of the violations, and that the court still has to address the violations allegedly made on March 2 and March 3. Despite the state’s position for Rine to remain incarcerated until the next hearing, Judge Karl ruled to allow Rine back on house arrest to continue his employment. However, Judge Karl warned him that should any problems arise while on probation between now and then, Rine would be sent back to jail.

On July 12, 2010, Rine was granted a Rule 35 motion to reconsider sentencing in Judge Hummel’s courtroom. Rine was then ordered to serve supervised probation for three years.

On April 2, 2010, Rine convicted himself of the felony offense of attacking, hindering, or obstructing a firefighter wherein Rine caused bodily injury to Tennant, both a firefighter and a person who was 65 years of age or older, by hitting him in the face with his hand while Tennant was lawfully exercising or discharging his official duty during an emergency, causing Tennant to be delayed and removed from his emergency vehicle on or about Sept. 24, 2009. In agreement with the state’s recommendation, Hummel sentenced Rine to one to 10 years in the West Virginia Penitentiary for Men. Rine was also ordered to pay court costs and restitution in the amounts of $82 for Tennant’s mileage, $150 to Folsom VFD for its expenses, and $1,393.39 to the Reader VFD to do as they wish.