Several defendants appeared before Judge Mark A. Karl in Wetzel County Circuit Court on Monday to request sentence modifi- cations. One inmate was granted such a motion, while the remaining were remanded to continue serving their sentences. In other matters, many individuals are set to return to circuit court Dec. 1 to enter guilty pleas.

Nicholas Chad Fletcher, 32, of P.O. Box 245, Littleton, was granted a Rule 35 sentence modification request and was released from incarceration to serve one year on supervised probation after the judge learned Fletcher had served 18 months of his sentence successfully. Fletcher was remanded to the Pruntytown Correctional Center to be released on probation. He will reside with family in Littleton.

The state opposed the motion due to the defendant being denied parole in June. “I don’t know why the parole board denied him (Fletcher), but I have concerns based on their denial,” said Wetzel County Prosecuting Attorney Timothy Haught.

Defense Attorney Jeremiah Gardner then explained the parole denial stemmed from a pending charge against Fletcher in Marion County which had since been resolved. Furthermore, Gardner told the court the defendant had five young children to care for and would like to get back to work.

Additionally, Fletcher had attended AA and NA classes while incarcerated and held 19 certificates for good behavior.

Based on the positive reports, the judge agreed to modify Fletcher’s sentence.

On Oct. 27, 2010, Fletcher pleaded guilty to count three, nighttime burglary, of his four-count indictment. Judge Karl sentenced Fletcher to one to 15 years in the West Virginia State Penitentiary for Men with credit for 124 days served. Pursuant to the plea agreement, counts one, two, and four were dismissed.

On or about Feb. 9, Fletcher and codefendant William Carmen Hadley, 42, of P.O. Box 83, Hundred, allegedly committed the felony offense of nighttime burglary (counts one and three) for breaking into the residences of Thelma Hunt of Burton and Cody Nichole Sturm of Hundred.

Counts two and four charged Fletcher and Hadley with the misdemeanor offense of petit larceny. Count two charged the two men with stealing medications belonging to Thelma Hunt, and count four charges them with steeling a Ruger Model 860 44 magnum revolver belonging to Cody Nichole Sturm.

On July 14 it was made known in Wetzel County Circuit Court that Fletcher was also charged with malicious wounding in Monongalia County.

Notably, Hadley pleaded guilty to all four counts of his indictment on Sept. 29, 2010. For counts one and three Hadley was sentenced to one to 15 years per count in the West Virginia State Penitentiary for Men. For counts two and four Hadley was sentenced up to a year in the NRJ per count. These sentences are running concurrently.

Angela Kristy Higginbotham Morgan Blaniar, 29, of 80 Third Street, Shinnston, was denied her Rule 35 sentence modification request during court on Monday and was remanded to continue serving her original sentence of one to five years in the West Virginia State Penitentiary for Women for the felony offense of third degree sexual assault. She is set to see the parole board in August 2013.

Attorney Gardner asked the court to consider sentence modification based on the fact that she had served 15 months of her sentence with only one write up. He further stated the defendant wished to go back to work and school to care for her two children. Gardner noted his client was in the process of getting a divorce and could live with a friend in Shinnston if granted modification.

Not surprisingly, the state strongly opposed the motion, given the facts of the case and her attitude during proceedings those many months ago. “She failed to comprehend the wrongfulness of what she did,” Haught added, referring to her having sex on multiple occasions with a 14-year-old male.

On Sept. 17, 2010, Blaniar was sentenced to one to five years in the state penitentiary for third degree sexual assault. Judge Karl remarked that in reviewing her criminal background he discovered Blaniar was on probation for a felony charge in Marion County at the time of her offenses in Wetzel County. At a previous hearing she was also ordered to register as a sex offender to the State Police Barracks in Harrison County.

Upon her release Blaniar is ordered to be placed on 10 years’ supervised release, maintain her registry as a sex offender, pay all court costs, and make no contact with the victim. Pursuant to the plea agreement, counts two and three of her indictment were dismissed-sexual assault in the third degree and wanton endangerment involving a firearm.

Blaniar’s offenses are said to have occurred between Aug. 1-14, 2009, and on or about Aug. 25, 2009. Counts one and two charged Blaniar with the felony offense of sexual assault in the third degree in that she, being 16 years old or more, did engage in sexual intercourse or sexual intrusion with another person who was less than 16 years old and who was at least four years younger than the defendant and was not married to the defendant.

Count three charged Blaniar with the felony offense of wanton endangerment involving a firearm in that on or about Aug. 25, 2009, she did wantonly perform an act with a firearm which created a substantial risk of death or serious bodily injury to another when she allegedly pointed a firearm at the same minor child named in counts one and two of Blaniar’s indictment.

Having served one year of his sentence, Wayne A. McCaman, 48, of 46 Anson Street, Apt. 4, New Martinsville, was also denied sentence modification following his motion hearing in circuit court. After some discussion on the matter, Judge Karl stated, “We did this dance out in Tyler County,” and remanded McCaman to the Northern Regional Jail to continue serving his original sentence of one to three years in the state penitentiary.

During the hearing Attorney Gardner stated McCaman was currently separated from his fiance and intended to live with a son near Wileyville should the Rule 35 motion be granted. He added McCaman is on Social Security Disability and could pay any necessary fees.

However Judge Karl brought up details of the defendant’s criminal history in Wetzel and Tyler counties and sided with the state’s position for McCaman to continue serving his time and face the parole board when given the opportunity.

On Dec. 17, 2010, McCaman was ordered to serve his original sentence of one to three years in the state penitentiary following a hearing which resulted in McCaman’s home confinement being revoked.

The petition to revoke his home confinement was the result of McCaman failing to properly get the device hooked up and making communication with the probation office. At that time Judge Karl resolved McCaman had in fact not been compliant with previous orders and was therefore not inclined to allow McCaman another opportunity under home confinement.

On Sept. 13, 2010, McCaman pleaded guilty to his one-count indictment of driving while license suspended or revoked for DUI-third or subsequent offense. While the state recommended one to three years in the state penitentiary, McCaman was granted alternative sentencing with no opposition from the state due to his medical conditions and treatments. McCaman was ordered to serve one year under home confinement with emergency, employment, and schooling release.

McCaman’s charge is said to have occurred on or about April 14, 2010, wherein McCaman unlawfully operated a motor vehicle in an inebriated state upon a public highway (Ironton Street and Mound Street in New Martinsville) when his privilege to do so had been suspended or revoked for DUI. McCaman was previously convicted of the offense of driving suspended for DUI in the Magistrate Court of Wetzel County on or about Nov. 26, 2001, and Jan. 22, 2004, and in the Magistrate Court of Tyler County on or about Jan. 15, 2004.

Michael T. Yost, 33, of 639 James Street, New Martinsville, also appeared for a Rule 35 sentence modification motion hearing. Having been incarcerated 216 days, Yost requested he be placed on probation to get a job, begin paying restitution, and help his family. The state opposed the motion, however, given Yost’s criminal history, and the judge ruled to take the matter under advisement. Yost was remanded to the NRJ and will return Dec. 1 at 1:15 p.m.

On Aug. 19 Yost was sentenced to one to 10 years in the West Virginia State Penitentiary for Men for entry of a building other than a dwelling-an offense for which he pleaded guilty to in circuit court on July 8.

Yost received a two-count indictment charging him with offenses said to have occurred during the month of March in Wetzel County. Count one charged Yost with the felony offense of entry of a building other than a dwelling wherein he did break and enter a building housing the Headquarters Family Hair Salon. Count two states he committed the misdemeanor offense of petit larceny in that he carried away a cash register and cash having a cumulative value of less than $1,000 belonging to Jamie Benson, doing business as Headquarters Family Hair Salon, with the intent to permanently deprive the owner of the same.

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 Powell will also accept a plea offer by the state. Powell was remanded to the NRJ and will return Dec. 1 at 1:15 p.m. for the entry of a plea.