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Defendants Waive Term, Return On Docket Day

By Staff | Apr 20, 2011

Several defendants from this term of court have waived their right to a speedy trial to allow additional time to prepare for their cases. Judge Mark A. Karl presided over the following defendants in Wetzel County Circuit Court on March 18 and April 4.

On March 18, Jaynathan Earl Jones, 21, of New Martinsville, waived his right to a speedy trial to allow time for Attorney Jeremiah Gardner to prepare a defense. Jones will return May 11 at 10 a.m. Judge Karl noted that a trial date will be set at that time if a resolution is not made by then. Jones was remanded to the Northern Regional Jail.

On Jan. 26 Jones and codefendant, Justin Raymond Wyatt, 22, of 1000 Chapline Street, Wheeling, entered pleas of innocence to their one count indictment each of first degree robbery for their acts said to have occurred on or about Sept. 8 in Wetzel County.

Jones and Wyatt allegedly committed robbery by striking and beating a male individual and stealing that individual’s wallet and money in New Martinsville.

Kenneth Evan Powell Jr., 46, of 315 South Third Avenue, Paden City, appeared in circuit court alongside his retained counsel through Thorn Law Offices of Morgantown. His attorney stated he needed a lot of time to prepare a defense, and added that his client agreed to waive term of court. Powell remains out on bond and will return May 11 at 10 a.m.

On Feb. 18 Powell pleaded innocent to his one-count indictment for the felony offense of delivery of a controlled substance (marijuana) within 1,000 feet of a school.

As detailed in his indictment, on or about Oct. 21 in Wetzel County Powell allegedly, being 18 years of age or older, delivered marijuana, a 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 waived his right to a speedy trial on March 18, and will return to circuit court May 11 at 10 a.m. His bond continues.

On Feb. 9 Derby pleaded innocent to his 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.

On April 4, Curtis A. Lemasters, 25, of 215 Scott Place, Fairmont, waived this term of court and a return date was set for May 11 at 10 a.m. He remains out on bond.

On Jan. 26 Lemasters 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.

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 in that he allegedly, with fraudulent intent, altered a distinguishing number, being a West Virginia registration plate, by placing on his motor vehicle a registration plate which he knew was not assigned to his motor vehicle.

Lastly, John Cody Postlethwait, 19, of 715 5th Street, New Martinsville, appeared in Wetzel County Circuit Court on April 4 for a status hearing. Attorney Kevin Neiswonger stated in court that there are several documents to review including new pending charges against the defendant. As such Postlethwait agreed to waive his right to a speedy trial and will return May 11 at 10 a.m. to continue matters in his case. Postlethwait’s 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).