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Judge Sentences Four

By Staff | Dec 21, 2011

Four defendants were sentenced in Wetzel County Circuit Court on Dec. 16 following their guilty pleas made before Judge Mark A. Karl.

Timothy Joe Nottingham, 36, of New Martinsville, pleaded guilty to a two-count information charging him with entry of a building other than a dwelling and grand larceny. For these offenses he was sentenced to one to 10 years in the West Virginia State Penitentiary for Men for each count to run consecutively. He was given credit for 111 days served. He is also ordered to pay restitution to the victims of these and other crimes in addition to paying court costs. He will receive drug and alcohol treatment and counseling as a condition of his sentence. Pursuant to the plea agreement, the state agreed to not file a recidivist against him.

On Aug. 30 the New Martinsville Police Department named Nottingham a suspect in a car theft. When police responded to a domestic violence call at his home in the New Martinsville Villa later that evening, Nottingham fled the home, leading NMPD patrolman Don Larsen through the thick fields up and around the area on foot until Nottingham was eventually stopped by fellow patrolman Friend Estep.

At the time of his Aug. 30 arrest by the New Martinsville Police Department Nottingham was charged with breaking and entering and grand larceny for breaking into A1 Automotive Services and stealing a Mustang along with other personal property. However Chief Tim Cecil said several charges were pending against Nottingham from Wetzel and surrounding counties for various offenses.

Apparently during his statement he gave to police, Nottingham admitted to committing this and several other crimes for which he is ordered to pay restitution. Wetzel County Prosecuting Attorney Timothy Haught noted that in his confession Nottingham was cooperative and remorseful. During his hearing in court Nottingham apologized to the victims and his family for the “senseless crimes” he committed.

Nottingham was remanded to the Northern Regional Jail.

Stephanie Nicole Fox, 21, of HC 61 Box 95C, Littleton, pleaded guilty to the lesser included misdemeanor offense of possession of a controlled substance (marijuana) in circuit court on Friday. For this offense she was sentenced to the NRJ for six months, however the execution of her sentence was suspended for her to instead serve one year of supervised probation. She is also ordered to pay court costs.

Haught told the court that several West Virginia State Policemen would testify they saw co-defendant Larry Virgil Watson III, 19, of HC 61 Box 95 B, Littleton, grab a plant and put it in his truck. Later obtaining the plant, it was discovered a marijuana branch with saplings was in the back of the truck. When police went to Fox’s residence they asked to search the home and found seeds and other paraphernalia. Fox gave a statement that the plants belonged to Watson and later on Watson also admitted to possessing the marijuana. Furthermore, Watson said he was trying to get rid of the plant so Fox wouldn’t get in trouble.

Fox and Watson were handed a one-count indictment each for the felony offense of manufacturing a controlled substance (marijuana) wherein on or about Sept. 27 in Wetzel County the two allegedly manufactured, by cultivation, marijuana, a Schedule I controlled substance.

Brooke Frances Strope, 20, of 533 Market Street, Clarington, pleaded guilty to attempted grand larceny, a lesser included offense to count two of her indictment, and was sentenced to the West Virginia Penitentiary for Women for a period of one to three years with credit for 110 days served. After successful completion of one year of her sentence, the state will not oppose a sentence reduction. She is ordered to pay restitution to the victim along with court costs. Pursuant to her plea agreement, the state dismissed count one of the indictment.

During her hearing Strope admitted that she and her co-defendants attempted to steal items from the New Martinsville Walmart store to then sell them to buy drugs. At her request, she will also receive drug treatment and counseling while incarcerated.

Strope, along with co-defendants Ciara Lynn Barnes, 19, of 202 Cherry Street, Woodsfield; Allen G. Grayam, 23, of 537 Market Street, Clarington; and Gary Clark Grayam, 19, of 537 Market Street, Clarington, were each handed two-count indictments from the September grand jury 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.

Relatedly, co-defendant Ciara Lynn Barnes is still considering a plea offer and as such she agreed to waive term. She will return to circuit court Jan. 18 at 10 a.m. She was remanded to the NRJ.

Also, co-defendant Allen Grayam appeared in court wherein it was learned Attorney Brent Clyburn is still receiving discovery on the case. The defendant agreed to waive term of court and will return Jan. 18 at 10 a.m. His bond continues.

Lastly, Roger Kent Boggess III, 22, of P.O. Box 227, Hundred, was sentenced to the West Virginia Penitentiary for Men for a period of one to five years with credit for 13 days following his guilty plea made on Nov. 18 to possession of marijuana with the intent to deliver. However, the execution of his sentence was suspended for three years probation, with the first six months being home confinement. He is ordered to seek gainful employment and pay restitution.

During his sentencing hearing Haught explained the state’s recommendation was one to five years in the penitentiary given the quantity of marijuana he had along with other drugs and paraphernalia. Haught stated that upon investigation several bags of weed weighing up to 32 grams, weed cigarettes, a scale, small bags, pill bottles, and other containers were found. “It’s apparent the defendant was possessing the marijuana with the intent to deliver,” Haught concluded.

Defense Attorney Frederick Gardner said that Boggess, like many others, had a severe drug problem. “He did sell marijuana to get his drugs,” Gardner said. However, he noted Boggess didn’t have a substantial criminal record, was employed (though presently laid off), and had a wife. He added the couple’s 14-month old daughter had passed away of Sudden Infant Death Syndrome which likely led to his prescription drug problem. With those facts in mind, Gardner asked the court to consider probation.

Judge Karl stated he thought about this case for some time and said, “I don’t normally do this, but I’m going to place him on probation.”

Boggess then told the judge, “I want to do better for myself and try to take it a day at a time.”

On Nov. 18 Boggess pleaded guilty to possession of marijuana, a Schedule I controlled substance, with the intent to deliver.

In addition to his sentencing, 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-were dismissed. Similarly, four counts in magistrate court are dismissed.