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Judge Sentences Four In Circuit Court

By Staff | Dec 28, 2011

Four defendants entered guilty pleas before Judge Mark A. Karl in Wetzel County Circuit Court on Dec. 21. Three will serve time in the state penitentiary while another is offered probation.

Gary Clark Grayam, 19, of 537 Market Street, Clarington, pleaded guilty to the lesser included offense to count two of his indictment, that being the misdemeanor offense of petit larceny. He was sentenced to the Northern Regional Jail for six months with credit for 10 days served, however the execution of his sentence was suspended and he will serve one year of supervised probation. Grayam is permanently banned from the New Martinsville Walmart store and is ordered to pay court costs. Pursuant to the plea agreement, the state dismissed the remaining counts of his indictment.

Wetzel County Prosecuting Attorney Timothy Haught shared with the court that Grayam was seen on video surveillance, along with other co-defendants, stealing multiple items. He noted that in a statement Grayam gave, he admitted the money obtained from selling the stolen items would be used to buy drugs.

“You’ve got to be nuts to try to take something from Walmart,” Judge Karl bluntly stated, noting just how sophisticated their cameras are. “Don’t steal from Walmart. That’s a big mistake,” he advised.

Furthermore, the judge gave warning to Grayam, saying the state and this court had given Grayam another shot to turn his life around. “I hope I don’t see you back here,” he concluded.

When asked if he had anything to say to the court, Grayam said sincerely, “Thanks for giving me a second chance.”

Grayam, along with co-defendants Ciara Lynn Barnes, 19, of 202 Cherry Street, Woodsfield; Allen G. Grayam, 23, 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 on or about Aug. 3, with the intent to permanently deprive the owner of said goods.

Another young man, Edward Daniel Warf, 20, of Route 1 Box 239A, Middlebourne, pleaded guilty to count one of his five-count indictment, that being felony entry of a building other than a dwelling during his hearing in circuit court Wednesday. For this offense he was sentenced to the West Virginia Penitentiary for Men for a period of one to 10 years with credit for 131 days served. Pursuant to the plea agreement the state will not oppose sentence reduction after serving a successful six months in prison, after which Warf would be placed on probation for two years. Additionally, the state dismissed the remaining counts against him. Warf was remanded to begin serving his sentence.

During the hearing Judge Karl asked Warf if he had a drug problem, to which Warf said he did and that his drug problem was the reason he broke into St. Paul’s United Methodist Church in Paden City. However, Warf did not request drug treatment or counseling. Notably, Haught shared with the court that the defendant was only able to retrieve $7 from the break-in.

Haught summarized the facts of the case, stating Warf broke a bathroom window at the church to gain entry and took roughly $7 and some checks which Warf later discarded. Warf later confessed to taking the money along with a couple of beers from Days Gone By, wherein he gained entry without destruction by using a plastic card to unlock the door.

Warf was charged with felony entry of a building other than a dwelling, felony grand larceny, misdemeanor destruction of property, felony entry of a building other than a dwelling, and misdemeanor petit larceny. The offenses were to have happened June 11-12 against St. Paul’s United Methodist Church and Days Gone By, both located in Paden City.

Donald Alex Bassett, 27, of 1749 Oil Ridge Road, Sistersville, was sentenced to one to five years in the state penitentiary following his guilty plea to conspiracy to commit uttering. Given credit for 469 days served, this sentence will run concurrently with Bassett’s sentence for a Tyler County charge. He is further ordered to pay restitution in the amount of $365 to the victims in his case, along with court costs. Furthermore, he is ordered to have no contact with the victims. Bassett was remanded to serve his sentence.

During his hearing Bassett noted that prior to this hearing he wrote a letter of apology to the victims, those being Richard L. and Linda Tuttle, for the way he acted, adding that he was especially remorseful of his act given that the Tuttles treated him like family.

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 the Tuttles in New Martinsville.

Kevin Kennedy, 23, of 5619 Room 16, Ischua, N.Y., pleaded guilty to unlawful assault, a lesser included offense to count two of his indictment, and was sentenced to the West Virginia Penitentiary for Men for a period of one to five years with credit for 189 days served. Pursuant to the plea agreement, the state will not oppose a sentence reduction after Kennedy serves a successful nine months in prison, after which he would be placed on two years probation. In addition to court costs, he is ordered to pay medical costs to the victim, and have no contact with that victim. The state dismissed count one of his indictment. Kennedy was remanded following his hearing to begin serving his sentence.

On or about June 13 in Wetzel County Kennedy allegedly committed the felony offense of conspiracy to commit malicious assault (count one) and committed the felony offense of malicious assault (count two) 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.

According to Haught, Kennedy went to Walmart in New Martinsville on the date and time set forth in the indictment to meet the victim regarding a dispute involving their families. Altercation ensued wherein the defendant beat the victim with his fists, then kicked him when the victim fell to the ground. The victim suffered a fractured collar bone, bruises, and contusions.