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Karl Sentences Two Defendants

By Staff | Feb 29, 2012

Two were sentenced in Wetzel County Circuit Court on Friday as Judge Mark A. Karl presided over a full docket. Another defendant is close to a plea agreement, while several others will return in March to continue matters pertaining to their cases.

After pleading guilty to an offense in September 2010, Joshua Ryan Mathews, 30, of 927 Bolen Road, Paden City, was sentenced to the West Virginia Penitentiary for Men for a period of one to five years for the offense of conspiracy to deliver a controlled substance (heroin). Pursuant to the plea agreement, the execution of his sentence was suspended and Mathews will instead serve one year supervised probation. Mathews was given credit for time served and is ordered to pay all court costs.

Pertaining to his extradition to Pennsylvania, which the court learned of during Mathews’ hearing on Feb. 10, the judge said authorities would be notified to pick Mathews up to answer his charges from Bradford County, Pa., for failure to appear on charges of theft. As such Mathews was remanded to the Northern Regional Jail.

Mathews pleaded guilty on Sept. 24, 2010, by way of information for a one-count felony offense of conspiracy to deliver a controlled substance (heroin). Mathews was to return to Wetzel County Circuit Court in October for his sentencing hearing. However, that hearing was continued.

On Sept. 1, 2010, Mathews was found traveling with Colby Justin Acree, 22, of 203 South 2nd Avenue, Paden City; Natacia Lynne Lallathin, 29, of 906 1/2 Meadow Heights, Paden City; and Brock Ian McMahon, 22, of 400 West Main Street, Paden City.

During a traffic stop for a burned out headlamp made near The Coffee Cup on state Route 2 in New Martinsville, Patrolman Tony Thomas and Detective Donnie Harris found probable cause to search the vehicle and found a small amount of heroin stamps allegedly being transported back from Pittsburgh.

Each subject admitted to using some of the heroin purchased in Pittsburgh and Acree, Mathews, and McMahon admitted to knowing they were going to Pittsburgh to purchase heroin.

Charles Homer Derby Jr., 29, of P.O. Box 246, Littleton, was sentenced to one to five years in the state men’s penitentiary with credit for 213 days served following his guilty plea to unlawful assault, a lesser included offense to count one of his indictment. Pursuant to the plea agreement Derby is to pay all court costs and restitution for the medical costs to the victim in the case, and is also ordered to have no contact with that individual. Also, per the agreement the state dismissed count two of Derby’s indictment and agreed not to file a recidivist. Derby was remanded to the NRJ to begin serving his sentence.

On Oct. 3, 2011, Derby remained silent as the court entered innocent pleas on his behalf to his two-count indictment for offenses said to have occurred on or about July 27, 2011, in Wetzel County.

Count one of his indictment states he allegedly committed the felony offense of malicious assault in that he maliciously, unlawfully, feloniously, and knowingly caused bodily injury to a man with the intent to maim, disfigure, disable, or kill the said victim by stabbing him with a knife.

Count two levies Derby with the misdemeanor offense of giving false information to the West Virginia State Police in that he unlawfully and knowingly gave false or misleading information to Senior Trooper F. L. Raynor, an officer of the state police, by denying to the officers that he was carrying a knife, when in fact, he did have a knife on his person.

Meanwhile, Brandon Robert Harvey, 25, of 6326 Lee Creek Road, Belleville, W.Va., appeared in circuit court alongside his retained counsel, George Cosenza. Haught told the court the defense had relayed a counter proposal to the state’s plea offer and needed time to discuss the proposal with the victim in the case before coming to an agreement. As such the judge set a return date for March 16 at 10 a.m. Harvey was remanded to the NRJ.

On Sept. 14, 2011, Harvey entered a plea of innocence to his indictments of kidnapping and two counts of domestic battery.

According to the true bills handed down by grand jurors during their September 2011 grand jury session, count one details that between Aug. 19 and Aug. 20, 2011, in Wetzel County, Harvey allegedly committed the felony offense of kidnapping in that he unlawfully, intentionally, knowingly, and feloniously and by force, threat, duress, fraud, or enticement, took, confined, or enticed away a female without her consent, for the purpose of receiving and demanding a concession or advantage of any sort from the said victim.

Counts two and three of the indictment state that between the same dates as above, Harvey allegedly committed the misdemeanor offense of domestic battery in that he willfully, unlawfully, knowingly, intentionally, and feloniously made physical contact of an insulting or provoking nature with the same female, his ex-girlfriend, by shoving her to the ground and striking her with his hands in New Martinsville.

Leslie L. Debolt, 41, of 416 Foundry Street, New Martinsville, appeared in court with Attorney Kevin Neiswonger regarding the defense’s motion for bond reduction. After much discussion the judge decided to set bond at $7,500 cash, justification of surety or property. Debolt was remanded to the NRJ pending the posting of bond and will return March 7 at 1:30 p.m.

Having set at $30,000 cash only, Neiswonger felt that considering the nature of the charges, such a bond was excessive. Neiswonger noted that while Debolt does have a criminal history, he has always appeared in court for his hearings.

In addition to his charges in Wetzel County, Debolt has a case pending in Marion County on a child neglect charge for which he had been released on bond. “My problem, your Honor, is if he was out on bond while committing this offense, that’s violating his bond,” argued Wetzel County Prosecuting Attorney Timothy Haught. “It’s just one offense after another.” Haught went on to tell the court Debolt holds prior felony convictions and as such is facing recidivist charges and revocation of his federal supervised release. “Given his track record, I’m concerned he might flee,” Haught resolved.

“He’s faced harsher charges and never fled,” Neiswonger retorted.

Following arguments from the state and the defense, Judge Karl moved to reduce Debolt’s bond and warned him saying, “If I have a problem with you, your bond is going to be revoked.”

Debolt was handed a four-count indictment for offenses alleged to have occurred on or about Sept. 28 in Wetzel County.

Count one charges Debolt with fleeing from an officer while DUI for fleeing in an automobile on state Route 2 and on Foundry Street in New Martinsville.

Count two states he committed the misdemeanor offense of driving under the influence of any controlled substance.

Count three charges him with misdemeanor reckless driving for driving at a high rate of speed, nearly striking a child, and by striking a pole on Foundry Street.

Count four states Debolt committed the misdemeanor offense of domestic assault for committing an act which placed his girlfriend in reasonable apprehension of immediately receiving a violent injury by chasing her both inside and outside their home in New Martinsville.

In another matter, Kristica Skelley, 30, of 714 North Fourth Avenue, Paden City, also appeared before Judge Karl on Friday on a petition to revoke probation. Haught noted there is an amendment to her petition regarding her having contact with a person under indictment, namely Summer Sellers Riley, 29, of 187 North State Route 2, Villa Apartments, New Martinsville, Having just received the information, Attorney Jeremiah Gardner asked the case be continued. Judge Karl set the matter for return March 7 at 1:30 p.m. Skelley’s bond continues, however the judge warned her saying, “Read the rules carefully.”

On Oct. 3, 2011, Skelley was sentenced to one to 15 years in the West Virginia Penitentiary for Women with credit for 11 days served for possession of a controlled substance (heroin) with intent to deliver, an offense she pleaded guilty to during her hearing on Monday. However, the execution of her sentence was suspended for two years supervised probation.

Pursuant to the plea agreement, she agreed to testify truthfully against Michael Fletcher, 29, and Melissa Tanley, 25, both of 114 North Second Avenue, Paden City. Both Fletcher and Tanley were charged with one count of conspiracy to deliver Vicodin, a Schedule III controlled substance.

Skelley was ordered to pay court costs and is further ordered to forfeit all monies and property seized by the Paden City Police Department during their investigation. Haught noted 120 stamps of heroin and roughly $1,817 in cash were seized by police.

Haught further shared with the court that on or about Feb. 21, 2011, in Wetzel County Skelley was working as a confidential informant with the PCPD when she received heroin from Michelle Renee Huey, 24, of 321 McCabe Drive, Greensburg, Pa., who was recently placed on two years probation for a one count information of conspiracy to deliver the controlled substance. Police arrested Skelley for her involvement in that case, wherein Skelley gave a statement to authorities that she went to Pittsburgh to get the drug for the purpose of selling it in Paden City.

On her drug use history form, Skelley stated she was a user of drugs and could not control her drug use or behavior, however she did not request drug counseling as a condition of her sentence. Judge Karl questioned her decision on the matter, to which Skelley stated she had put herself on a program. The judge warned her that should she be found using drugs while on probation, she could serve her original prison sentence.

Meanwhile, Allen G. Grayam, 23, of 537 Market Street, Clarington, appeared in circuit court alongside his attorney, Brent Clyburn, who stated they were preparing for trial as well as continuing to try to resolve the matter. However, more time was needed and as such Grayam agreed to waive his speedy trial rights. Grayam will return on Docket Day, May 10, at 10 a.m. His bond continues.

Grayam, along with codefendants Ciara Lynn Barnes, 19, of 202 Cherry Street, Woodsfield; Gary Clark Grayam, 19, 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 with the intent to permanently deprive the owner of said goods. These offenses are said to have occurred on or about Aug. 3 at New Martinsville’s Walmart in Wetzel County.

Lastly, Richard Joseph Christy II, a fugitive from justice out of the state of Pennsylvania, appeared in circuit court on Friday regarding extradition to Clearfield County, Pa., to answer a charge for failure to appear. Surprisingly, Christy told the judge he did not wish to answer his charge in Pennsylvania, and as such he was ordered to fill out an eligibility affidavit for public representation. Christy was remanded to the NRJ and will return March 7 at 1:30 p.m.