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Wetzel Circuit Court Continues Many Cases

By Staff | Oct 26, 2011

Several cases presented in Wetzel County Circuit Court on Oct. 19 before Judge Mark A. Karl were continued.

Gary Clark Grayam, 19, of 537 Market Street, Clarington, Ohio, won’t return to court until Dec. 1 at 1:15 p.m. to allow time for Attorney Gardner to review matters of the case. Grayam’s bond continues.

On Oct. 3 Grayam remained silent as the court entered pleas of innocence to the two counts against him for conspiracy to commit grand larceny and grand larceny, offenses said to have occurred on or about Aug. 3 at New Martinsville’s Walmart in Wetzel County.

Meanwhile, John Michael Howell, 43, of HC 61 Box 114, New Martinsville, appeared in circuit court alongside Attorney Keith Hart. It was learned the Public Defender Corporation had recently been withdrawn as co-counsel in the case and the judge took the matter under advisement. In court on Wednesday the judge stated another attorney has agreed to be appointed. Attorney Hart further requested a transcript from a May 2004 hearing be prepared, which was so granted. Howell was remanded to the NRJ and will return Nov. 7 at 10 a.m.

On Jan. 18 Howell pleaded innocent to his four-count indictment charging him with felony offenses of a sexual and violent nature said to have occurred on or about Dec. 14 in Wetzel County.

Howell faces one count each of the felony offenses of kidnapping, second degree attempted sexual assault, first degree sexual assault, and malicious assault (respective to counts one through four) for acts committed against his wife. The two had been separated since August 2010 and have a child in common.

Howell allegedly attacked the victim when she attempted to leave his residence after picking up the child. The victim was flown from Wetzel County Hospital to Ruby Memorial Hospital in Morgantown. Upon his arrest the evening of Dec. 14, 2010, Howell was found with scratches around his left eye, left side, and a bruise on his left arm.

Charles Homer Derby Jr., 29, of P.O. Box 246, Littleton, appeared for a brief hearing, and will return to circuit court Nov. 7 at 10 a.m. He was remanded to the NRJ.

On Oct. 3 Derby remained silent as the court entered innocent pleas on his behalf to his two-count indictment for offenses said to have occurred on or about July 27 in Wetzel County.

Count one of his indictment states he allegedly committed the felony offense of malicious assault in that he maliciously, unlawfully, feloniously, and knowingly caused bodily injury to a man with the intent to maim, disfigure, disable, or kill the said victim by stabbing him with a knife.

Count two alleges Derby with the misdemeanor offense of giving false information to the West Virginia State Police in that he unlawfully and knowingly gave false or misleading information to Senior Trooper F. L. Raynor, an officer of the state police, by denying to the officers that he was carrying a knife, when in fact, he did have a knife on his person.

Kevin Kennedy, 23, of 5619 Room 16, Ischua, N.Y., was also present for a short hearing wherein the judge set a return date of Nov. 18 at 10 a.m. Kennedy was remanded to the NRJ.

On Oct. 3 Kennedy remained silent as the court entered pleas of innocence to his two-count indictment for offenses said to have occurred on or about June 13 in Wetzel County.

Count one states he allegedly committed the felony offense of conspiracy to commit malicious assault in that he intentionally, knowingly, unlawfully, and feloniously conspired with Robert Kennedy, 41, of HC 62 Box 27, Pine Grove, to commit malicious assault.

Count two states Kevin Kennedy committed the felony offense of malicious assault in that he allegedly maliciously, unlawfully, feloniously, and knowingly caused bodily injury to a man with the intent to maim, disfigure, disable, or kill the said victim by striking him and kicking him.

Edward Daniel Warf, 20, of Route 1 Box 239A, Middlebourne, will also return to Wetzel County Circuit Court on Nov. 18 at 10 a.m. He was remanded to the NRJ following his hearing.

On Oct. 3 Warf pleaded innocent to his charges handed to him by Wetzel County Grand Jurors in a five-count indictment for his offenses said to have occurred between June 11-12 against St. Paul’s United Methodist Church and Days Gone By, both located in Paden City, in Wetzel County.

Count one charges Warf with the felony offense of entry of a building other than a dwelling wherein he allegedly did intentionally, unlawfully, and feloniously break and enter the church with the intent to commit a larceny therein.

Count two states he allegedly committed the felony offense of grand larceny for knowingly, intentionally, unlawfully, and feloniously stealing, taking, and carrying away goods and chattels, having a cumulative value of more than $1,000 belonging to the church with the intent to permanently deprive the owner of the same.

Count three charges Warf with the misdemeanor offense of destruction of property wherein he allegedly intentionally and unlawfully broke a window, door, and file cabinet in the building housing the church, thereby damaging the said items.

Count four states he allegedly committed the felony offense of entry of a building other than a dwelling for intentionally, unlawfully, and feloniously breaking and entering the building housing the business commonly known as Days Gone By with the intent to commit a larceny therein.

Lastly, count five alleges Warf committed the misdemeanor offense of petit larceny for knowingly, intentionally, and unlawfully stealing, taking, and carrying away goods and chattels having a cumulative value of less than $1,000 belonging to Days Gone By with the intent to permanently deprive the owner of the same.

Blaine Watson, 41, of P.O. Box 134, Littleton, appeared alongside Attorney Gardner who stated time was needed to review matters of the case. The judge remanded Watson to the NRJ and set a return date for Nov. 18 at 10 a.m.

On Oct. 3 Watson remained silent in court on Monday. The court entered innocent pleas to his three counts and one count of information for various offenses said to have occurred in Wetzel County.

Counts one through three allege that on or about July 4 Watson committed the misdemeanor offenses of destruction of property, petit larceny, and contributing to the delinquency of a child in that he intentionally and unlawfully broke a Pepsi-Cola machine and its contents located at Koontz Country Cupboard in Littleton, thereby damaging the said Pepsi-Cola machine and its contents (count one), and stole, took, and carried away goods and chattels having a cumulative value of less than $1,000 belonging to the business with the intent to permanently deprive the owner of the same (count two).

Furthermore, count three entails Watson knowingly, intentionally, and unlawfully encouraged the delinquency of a child by encouraging that child to cause damage to property not his own and to take monies not his own at the Littleton business with the intent to permanently deprive the owner of the same.

The one count of information details that between June 15 and July 6 Watson allegedly committed the felony offense of failure to update sex offender registry information in that he, being required to register as a sex offender for life, knowingly failed to register or provide a change in information to the West Virginia State Police in Wetzel County by knowingly failing or refusing to report his move to a new address.

Tyler C. Fauber, 27, of 446 North Main Street, New Martinsville, was present for his brief hearing. Fauber will return to Wetzel County Circuit Court on Nov. 18 at 10 a.m. for further proceedings. His bond continues.

On Oct. 3 Fauber entered innocent pleas to his two-count indictment for offenses said to have occurred on or about June 6 in Wetzel County.

Count one alleges he committed the felony offense of conspiracy to deliver heroin in that he intentionally, knowingly, unlawfully, and feloniously conspired with Jeremy K. White, 24, of Paden City, to deliver Heroin, a Schedule I controlled substance.

Notably, White pleaded guilty to one count of information for conspiracy to deliver a controlled substance (heroin) on Sept. 6 and was sentenced to one to five years in the state penitentiary for men

Count two states Fauber allegedly committed the felony offense of possession of a controlled substance (heroin) with intent to deliver the same.

In another matter, Timothy John Judge, 30, of P.O. Box 132, Friendly, appeared in circuit court for his arraignment wherein he pleaded innocent to his two counts of failure to update sex offender registry information. Facing similar charges in Tyler County, he will return Dec. 1 at 1:15 p.m. His bond continues.