Kevin E. Burress

Three defendants entered guilty pleas in Wetzel County Circuit Court on Nov. 18, Judge Mark A. Karl presiding.

Kevin E. Burress, 35, of 111 Brewster Lane, Cedar Bluff, Va., pleaded guilty to attempted entry of a building other than a dwelling. On Nov 11, 2010, he and two co-defendants allegedly attempted to break and enter Norris Pharmacy located in Pine Grove with the intent to commit a larceny therein.

He was sentenced to one to three years in the West Virginia Penitentiary for Men with credit for three days served. However, it was agreed that Burress can serve one year on home incarceration with work release; he is gainfully employed and supporting a family. Arrangements have already been made to transfer that sentence to Virginia. After one year home incarceration, Burress will be placed on two years supervised probation. He agrees not to file a request for reduction or modification of his sentence. Burress must pay all costs of prosecution.

Also, as part of the agreement, Burress agreed to testify truthfully against his brother, Wesley L. Burress, 36, of 315 Brewster Lane, Cedar Bluff, Va., a co-defendant.

When asked what made him guilty of the charge, Kevin Burress said, “We attempted to break into it.” He further indicated they intended to take drugs from the business.

Blaine Watson

Prosecutor TImothy Haught said his evidence would show Kevin Burress exited a vehicle driven by Wesley Burress. He got a chunk of stone or asphalt and threw it at the store’s window, but it didn’t break. The alarm went off and when Wetzel County Sheriff’s Deputies arrived, he gave a statement of guilt.

“I would like to apologize for my actions at that time,” said Burress.

The case of co-defendant Wesley L. Burress was continued until Dec. 1 at 1:15 p.m. Indicating a plea agreement was likely, Defense Attorney Kevin Neiswonger said, “I believe this is a case we can probably work out.”

The other co-defendant, Joshua S. Dye, 21, of 2331 Mill Creek Road, Raven, Va., pleaded guilty in April to the lesser included misdemeanor of accessory after the fact to his one-count indictment of attempted entry of a building other than a dwelling. He was sentenced to six months in the NRJ, with credit for four days served, and fined $100. However, his sentenced is suspended to instead serve one year on home supervised probation providing he testify truthfully against his codefendants in the case.

Also on Nov. 18, Roger Kent Boggess III, 22, of P.O. Box 227, Hundred, pleaded guilty to possession of marijuana, a Schedule I controlled substance, with the intent to deliver.

Following the completion of a pre-sentence report, sentencing is scheduled to be held Dec. 16 at 10 a.m.

The plea agreement calls for a sentence of one to five years in the West Virginia Penitentiary for Men with credit for 13 days served. He must also pay all costs of prosecution and forfeit all money and property seized in his arrest. The other two counts of his indictment-possession of Hydrocodone, a Schedule III controlled substance, with the intent to deliver and possession of Oxycodone, a Schedule II controlled substance, with the intent to deliver-will be dismissed. Similarly, four counts in magistrate court will be dismissed.

“I was in Hundred in possession of marijuana,” Boggess told Judge Karl when asked what made him guilty of the offense. “I believe there was maybe 40 grams. Yeah, there was more than an ounce.”

Boggess is requesting drug counseling and he is currently in outpatient drug treatment.

Finally, Blaine Watson, 41, of P.O. Box 134, Littleton, was sentenced to two to five years in the West Virginia Penitentiary for Men with credit for 130 days served. He pleaded guilty to one information count of felony offense of failure to update sex offender registry information.

The minimum sentence for the offense, one year, was doubled as a result of the state filing a recidivist motion in the case. Three other counts were dismissed: misdemeanor offenses of destruction of property, petit larceny, and contributing to the delinquency of a child.

Haught said his evidence would show that Watson was confronted by the West Virginia State Police after his residence was torn down. He was told he had 10 days to register a new location with the WVSP. A month later he had not met that requirement. The dates for the offense are between June 15 and July 6.

Watson was remanded to be transferred to the Department of Corrections.