Evangeline M. Post

Two were sentenced to time in prison following their guilty pleas in Wetzel County Circuit Court on Oct. 19. Judge Mark A. Karl presided as these individuals admitted to crimes of malicious assault and grand larceny.

Although she claimed to have no recollection of the act, Evangeline M. Post, 54, of New Martinsville, admitted to one count by way of information for malicious assault of her daughter said to have occurred on or about May 26 in Wetzel County. For this offense, Post was sentenced to two to 10 years in the West Virginia Penitentiary for Women with credit for 147 days served. She is ordered to pay restitution for the victim’s medical costs in addition to court costs and will receive drug and alcohol counseling.

Post’s retained counsel, Keith White, stated his client was making an Alford Plea, wherein a defendant doesn’t admit to the act, but rather admits the prosecution could likely prove the charge.

At the reading of her charge, Post broke down in tears, shaking her head in disbelief. When it was time for her to enter her plea, Post sobbed again, taking her seat to compose herself. After a few, quite moments, she stated “I plead guilty,” from her seat. The judge asked her, “Based on what you’ve read, do you believe you in fact committed this offense?” Post replied, “Yes.”

Attorney White explained to the court that while she was not a user of illegal drugs, she had been prescribed several medications and did abuse those drugs. Post told the court she was presently being treated for angina, anxiety, asthma, depression, and high blood pressure. It was also implied such abuse may have contributed to both her committing the crime and being unable to remember the event.

Matthew R. Smith

On or about May 26 in Wetzel County, the New Martinsville Police Department received a call on a domestic dispute at the defendant’s home on Virginia Street. Police saw people had been drinking at the home but no crime had been committed at that time, so officers left the residence. However at 4:41 a.m. police received another call dispatched by 911 that someone at the same residence had been stabbed. The victim, Post’s daughter, was stabbed in the back and chest, and sent to Ruby Memorial Hospital where she underwent emergency surgery. The knife used in the incident was recovered, and both a witness and the victim gave statements indicating Post made the assault.

In another matter, Matthew R. Smith, 27, of Middlebourne, was sentenced to one year in the Northern Regional Jail with credit for 223 days served and fined $100 following his guilty plea made on Oct. 19 to count one of his indictment, that being grand larceny. In addition to court costs, he is ordered to pay restitution for unrecovered property and damages to New Martinsville’s Walmart store, where he is also banned from the premises. Pursuant to the plea agreement, the state dismissed count two of the indictment.

“I would like to apologize for my actions,” Smith said during his hearing. He went on to say he had a drug problem at the time of the offense and had planned to sell the stolen goods for drugs. However, Smith chose not to request drug counseling as a condition of his sentence, stating he had his own counseling program and was able to stay clean on his own.

On May 27 Smith was handed a two-count indictment for his offense said to have occurred on or about Dec. 21 in Walmart in New Martinsville, located in Wetzel County.

Count one stated Smith allegedly committed the felony offense of grand larceny in that he stole three HP laptop computers, having a cumulative value of more than $1,000, belonging to Walmart in New Martinsville, with the intent to permanently deprive the owner of the same. Count two charged him with the misdemeanor offense of destruction of property in that he broke a display case at Walmart’s New Martinsville location, thereby damaging the said display case.