×
×
homepage logo

Several Defendants Consider Plea Agreements

By Staff | Oct 26, 2011

During Wetzel County Circuit Court held Oct. 19 with Judge Mark A. Karl it was learned several new indictees may soon enter into plea agreements.

Brittany Jo Nolan Powell, 26, of 1250 North State Route 2, Apt. 27, New Martinsville, appeared alongside Attorney Kevin Neiswonger, who shared with the court that the state had made a plea offer his client was inclined to accept. Powell was remanded to the Northern Regional Jail and will return Nov. 7 at 10 a.m. for the possible entry of a plea.

On Oct. 3 Powell pleaded innocent to the charges outlined in her five-count indictment for offenses said to have occurred on or about June 16 in Wetzel County.

Counts one, four, and five charge her with allegedly committing the felony offense of uttering.

Count one states she intentionally, knowingly, unlawfully, and feloniously uttered and employed as true a WesBanco check issued on Howell’s account, and made payable to “Cash” in the amount of $100, by tendering the same check to Mayo’s Exxon and offering the same as true, to the prejudice of Howell, WesBanco, and Mayo’s Exxon, when she knew the said check was forged.

Count four states she intentionally, knowingly, unlawfully, and feloniously uttered and employed as true a WesBanco check issued on Howell’s account, and made payable to “Walmart” in the amount of $126.28, by tendering the said check to Walmart and offering the same as true, to the prejudice of Howell, WesBanco, and Walmart, when she knew the said check was forged.

Count five states she intentionally, knowingly, unlawfully, and feloniously uttered and employed as true a WesBanco check issued on Howell’s account, and made payable to “Go-Mart” in the amount of $65.63, by tendering the said check to Go-Mart and offering the same as true, to the prejudice of Howell, WesBanco, and Go-Mart, when she knew the said check was forged.

Count two charges Powell with the felony offense of forgery for allegedly unlawfully, feloniously, and with the intent to defraud, forging the signature of Howell to the Electronic Check receipt authorizing the electronic deposit of a check issued on Howell’s WesBanco account, and made payable to “Cash” in the amount of $100, which was cashed at Mayo’s Exxon in New Martinsville, to the prejudice of the rights of Howell, WesBanco, and Mayo’s Exxon.

Lastly, count three charges Powell with the felony offense of attempted uttering wherein she allegedly attempted to utter and employ as true a WesBanco check issued on Howell’s account and made payable to “Exxon” in the amount of $100, by attempting to tender the said check to Mayo’s Exxon and offering the same as true, to the prejudice of Howell, WesBanco, and Mayo’s Exxon, when she knew the said check was forged.

Andrew William Richard, 22, of 28 Rose Street Lot 80N, New Martinsville, appeared for his hearing alongside attorneys Neiswonger and Jeremiah Gardner, who represent the defendant in his felony and misdemeanor cases, respectively. Neiswonger stated time was needed to review matters and a plea offer, which Richard is inclined to accept. Richard’s bond continues and he will return to court Nov. 7 at 10 a.m.

On Oct. 3 Richard pleaded innocent to all charges outlined in a two-count and a one-count indictment handed to him from Grand Jurors for offenses said to have occurred in Wetzel County.

In his two-count indictment, Richard is charged with entry of a building other than a dwelling and grand larceny wherein between July 10-13 he allegedly intentionally, unlawfully, and feloniously entered without breaking a garage belonging to Brock T. Conner located on Price Run near Proctor with the intent to commit a larceny therein, and wherein he allegedly knowingly, intentionally, unlawfully, and feloniously stole, took, and carried away a 2006 Kawasaki KLX 125 dirt bike, having a value of more than $1,000 belonging to Conner, with the intent to permanently deprive the owner of the same.

In his one-count indictment, Richard is charged with the misdemeanor offense of petit larceny wherein on or about Jan. 10 he allegedly knowingly, intentionally, and unlawfully stole, took, and carried away goods and chattels having a cumulative value of less than $1,000 belonging to Walmart Store No. 2684 in New Martinsville with the intent to permanently deprive the owner of the same.

Notably, in 2007 Richard was alleged to have stolen cigarettes from Mayo’s Exxon valued at less than $1,000. A recommended stay at the Anthony Center for youthful offenders in Greenbrier County was his sentence given by Judge John Madden.

Following successful completion of his sentence at the center, Richard was granted two years supervised probation by Judge David Hummel.

In addition to facing these new charges, Richard presently has hearings underway in circuit court on a petition to revoke his probation.

Donald Alex Bassett, 26, of 1749 Oil Ridge Road, Sistersville, also has a plea offer to consider and will return Nov. 7 at 10 a.m. He was remanded to the NRJ.

On Oct. 3 Bassett remained silent during his arraignment wherein the court entered pleas of innocent on his behalf to his one-count indictment of conspiracy to commit uttering.

Bassett’s indictment states that on or about Aug. 18 in Wetzel County, he allegedly committed the felony offense of conspiracy to commit uttering wherein he intentionally, knowingly, unlawfully, and feloniously conspired with Sarah Yost to utter check number 1115 on the Long Reach Federal Credit Union account of Richard L. Tuttle and Linda Tuttle in New Martinsville.

Kevin E. Burress, 35, of 111 Brewster Lane, Cedar Bluff, Va., has accepted a plea offer from the state, however will return to circuit court Nov. 18 at 10 a.m. to enter his plea. Meanwhile, codefendant Wesley L. Burress, 36, of 315 Brewster Lane, Cedar Bluff, Va., is hoping to receive the same plea offer. As negotiations continue for him, Wesley Burress will also return Nov. 18 at 10 a.m. Their bonds continue.

On Jan. 26 the two Burress brothers, along with Joshua S. Dye, 22, of 2331 Mill Creek Road, Raven, Va., 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, 2010, 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.

Brandy Marie Adams, 24, of 1229 Lost Pavement Road, Parkersburg, W.Va., appeared in court wherein Wetzel County Prosecuting Attorney Timothy Haught said there were negotiations for Adams to enter into an agreement which would allow her to run her sentences concurrently between Wetzel and Wood counties.

However, he noted Adams was not yet ready to enter a plea to her Wood County charge of a similar offense, therefore some time was needed to reach an agreement. The judge set the matter to return Nov. 18 at 10 a.m. Adams was remanded to the NRJ.

On Oct. 3, Adams remained silent during her arraignment in circuit court. The court entered innocent pleas regarding the one-count indictment charging her with the felony offense of grand larceny.

According to the indictment, on or about July 19 in Wetzel County Adams allegedly knowingly, intentionally, unlawfully, and feloniously stole, took, and carried away goods having a cumulative value of more than $1,000 belonging to Walmart Store No. 2684 in New Martinsville with the intent to permanently deprive the owner of said goods.

Roger Kent Boggess III, 22, of P.O. Box 227, Hundred, appeared in circuit court alongside Attorney Gardner who said Boggess wanted to extend a counter offer to the state. A return date was set for Nov. 18 at 10 a.m. Boggess remains on bond.

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, 2010, 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.

Ciara Lynn Barnes, 19, of 202 Cherry Street, Woodsfield, appeared in circuit court for her hearing alongside Attorney Neiswonger, who stated extra time was needed to review matters including a plea offer. Judge Karl remanded Barnes to the NRJ and set a return date of Nov. 7 at 10 a.m.

On Oct. 3 Barnes entered innocent pleas to her two counts of conspiracy to commit grand larceny and grand larceny for offenses said to have occurred on or about Aug. 3 at New Martinsville’s Walmart in Wetzel County.

Barnes, along with codefendants Allen G. Grayam, 23, of 537 Market Street, Clarington; Gary Clark Grayam, 19, of 537 Market Street, Clarington; and Brooke Frances Strope, 20, of 533 Market Street, Clarington, were each handed two-count indictments charging them with one count each of the felony offenses of conspiracy to commit grand larceny, and grand larceny for allegedly conspiring amongst each-other to commit grand larceny, and for knowingly, intentionally, unlawfully, and feloniously stealing, taking, and carrying away goods having a cumulative value of more than $1,000 belonging to Walmart Store No. 2684 in New Martinsville with the intent to permanently deprive the owner of said goods.