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Judge Karl Sentences Three In Circuit Court

By Staff | Jan 25, 2012

Phillip David Montgomery

Three individuals were sentenced following the entry of guilty pleas in Wetzel County Circuit Court on Docket Day, Jan. 18, before Judge Mark A. Karl.

Phillip David Montgomery, 21, of 38669 State Route 7, Sardis, will serve a total of three to 30 years in the West Virginia Penitentiary for Men following his recent guilty plea made in Marshall and those made in Wetzel County Circuit Court on Docket Day.

Montgomery pleaded guilty to counts two and 10 of his 27-count indictment, both being the felony offense of entry of a building other than a dwelling. He was sentenced to one to 10 years for each count to be served consecutively to his one to 10-year sentence ordered in Marshall County for a similar offense. He is given credit for 58 days served, and the execution of his sentences is stayed until April 28 at noon wherein he is to self-report to the Northern Regional Jail.

He is also to pay his pro-rata share of restitution to the victims in the case, in addition to court costs. Per his request, Montgomery will receive alcohol treatment and counseling. In accordance with the plea agreement, the state dismissed the remaining counts against him. Montgomery remains on bond until April 28.

On May 27, 2011, Montgomery entered a plea of innocence to his 27-count indictment. Notably, on Sept. 20, 2011, co-defendant Christopher Lee Richmond, 22, also of 38669 State Route 7, Sardis, pleaded guilty to counts two and 10 of the same 27-count indictment, and was sentenced to the state penitentiary for a total period of three to 30 years for his offenses in both Wetzel and Marshall counties. Per his plea agreement, the state dismissed the remaining counts of Richmond’s indictment.

Timothy Ray Parker

Montgomery and Richmond were handed 27-count indictments each for offenses ranging from burglary to destruction of property and larceny. They are as follows:

Counts one through six charge Montgomery and Richmond with crimes against William Pitoscia said to have occurred between Jan. 7-8, 2011, in Wetzel County.

Counts one and six charge Montgomery and Richmond with allegedly committing the felony offense of burglary in that they broke into Pitoscia’s residence located on Harlan Ridge Road.

Count two states Montgomery and Richmond committed the felony offense of entry of a building other than a dwelling in that they entered without breaking an outbuilding located on property belonging to Pitoscia located on Harlan Ridge Road.

Count three charges the two with grand larceny in that they allegedly stole goods and chattels having a cumulative value of more than $1,000 belonging to Pitoscia, with the intent to permanently deprive the owner of the same.

Counts four and five allege the two committed the misdemeanor offense of destruction of property in that they broke the window in a door to Pitoscia’s residence, and broke the door to an outbuilding on Pitoscia’s property, thereby damaging the said window and door.

Counts seven and eight charge Montgomery and Richmond with crimes against Anthony Pitoscia also said to have occurred between Jan. 7-8, 2011, in Wetzel County.

Count seven states Montgomery and Richmond committed the felony offense of grand larceny in that they stole goods or chattels, having a cumulative value of more than $1,000 belonging to Anthony Pitoscia, with the intent to permanently deprive the owner of the same.

Count eight alleges Montgomery and Richmond committed the misdemeanor offense of destruction of property wherein they broke the window in a door to Anthony Pitoscia’s residence located on Harlan Ridge Road, thereby damaging the said window and door.

Counts nine through 14 charge the two with crimes against Carl Nice said to have occurred between Jan. 7-8, 2011, in Wetzel County.

Count nine alleges Montgomery and Richmond committed the felony offense of burglary in that they broke into Nice’s residence located on Brock Ridge Road.

Counts 10 and 11 state they committed the offense of entry of a building other than a dwelling wherein the two entered without breaking an outbuilding located on Nice’s property on Brock Ridge Road.

Count 12 charges them with the misdemeanor offense of petit larceny in that he stole goods and chattels, having a cumulative value of less than $1,000 belonging to Nice, with the intent to permanently deprive the owner of the same.

Counts 13 and 14 state Montgomery and Richmond committed the misdemeanor offense of destruction of property wherein they broke a window to Nice’s residence, and the door to an outbuilding belonging to Nice, thereby damaging the said window and door.

Counts 15-17 charge Montgomery and Richmond with crimes against Scott James Urbanek said to have occurred between Jan. 4-10, 2011, in Wetzel County.

Count 15 charges the two with burglary in that they broke into Urbanek’s residence located on Hollman Ridge Road. Count 16 alleges they committed petit larceny in that they stole goods and chattels, having a cumulative value of less than $1,000 from Urbanek, with the intent to permanently deprive the owner of the same. And count 17 charges Montgomery with destruction of property wherein he broke a door and lock to Urbanek’s residence, thereby damaging the said door and lock.

Counts 18-20 charge Montgomery and Richmond with crimes against Mark J. Massari said to have occurred between Jan. 4-10, 2011, in Wetzel County.

Count 18 charges them with burglary in that the two broke into Massari’s residence located on Hollman Ridge Road. Count 19 alleges they committed petit larceny in that he stole goods and chattels from Massari, with the intent to permanently deprive the owner of the same. And count 20 charges Montgomery with destruction of property wherein he broke a window and damage doors to Massari’s residence.

Counts 21-25 charge Montgomery and Richmond with crimes against James Richmond said to have occurred between Dec. 21-22, 2010, in Wetzel County.

Count 21 charges them with burglary for breaking into Richmond’s residence located on Harlan Ridge Road. Count 22 states they committed the offense of entry of a building other than a dwelling for breaking and entering a detached garage door located on Richmond’s property on Harlan Ridge Road. Count 23 charges both of them with grand larceny in that they stole goods and chattels belonging to Richmond.

Counts 24 and 25 charge Montgomery and Richmond with allegedly committing the misdemeanor offense of destruction of property for breaking a window to Richmond’s residence and breaking the door to a detached garage on Richmond’s property.

And counts 26 and 27 charge Montgomery and Richmond with the misdemeanor offense of petit larceny for allegedly stealing a 20 gauge Remington Model 870 Express youth shotgun belonging to Cassandra Richmond and for stealing goods and chattels belonging to Kenneth Goddard. Both instances are said to have occurred between Nov. 7 and Jan. 15, 2011, in Wetzel County.

Timothy Ray Parker, 49, of 159 Commercial Street, pleaded guilty to a one count information charging him with the offense of entry of a building other than a dwelling. For this offense Parker was sentenced to one to 10 years in the state men’s penitentiary with credit for 85 days served. In addition to court costs, he is also ordered to pay restitution to the victim and forfeit additional money seized by the New Martinsville Police Department during their investigation. Parker was remanded to the NRJ to begin serving his sentence.

On or about Oct. 25, 2011, the NMPD received a report that The ABC Store, now largely selling sports memorabilia, owned by Witschey’s Market was broken into during the nighttime hours. Following a diligent search Parker was arrested and charged after police found him at his residence along with stolen items.

According to reports, Witschey’s staff provided copies of surveillance video from the store. The interior video showed a male subject, later identified as Parker, wearing a ball cap, gray hooded sweatshirt, blue denim pants, and sneakers break the glass in the front door, enter the business, and leave carrying cigar boxes and a metal tool he used to gain entry. Furthermore, exterior video showed the same male walking up Market Street to an alcove, leaving the camera’s view, but then reappearing riding a motorized wheelchair. Additionally, video was provided of the same male subject in Witschey’s grocery store earlier that day wearing the same clothing. At that time, however, the subject had one pant leg rolled up, displaying a prosthetic left leg.

After obtaining a warrant, police entered Parker’s residence and located him in an upstairs bedroom. Parker was secured and the residence was searched, wherein the clothing worn during the crime and a large amount of cash was found. After being Mirandized, Parker then recovered remaining stolen items in the home including a box containing a large quantity of old paper money and old coins which Parker said were also from the ABC Store. Parker cooperated further, saying he threw other items in dumpsters along state Route 2. Those items were also recovered.

Lastly, Tessa Young, 24, of New Martinsville, entered a guilty plea to a two-count information charging her with delivery of a controlled substance (Oxycodone), a Schedule II controlled substance, in Wetzel County on two occasions, Sept. 10 and 12, 2011. For these offenses Young was sentenced to the West Virginia Penitentiary for Women for one to 15 years for each count to run concurrently. However, the execution of her sentence was suspended to allow her to instead serve three years supervised probation. As a user of illegal drugs, she is also ordered to undergo in/out-patient drug treatment care and participate in parenting counseling. Lastly, she is to pay court costs and forfeit money and property seized by the NMPD during their investigation.

During her hearing Young stated that on two occasions she delivered the controlled substance to a confidential informant in New Martinsville. Special Prosecuting Attorney Carl “Worthy” Paul shared with the court that in addition to delivering a controlled substance, she left her baby with the confidential informant while obtaining the drugs.