Judge Sets Court Cases
The courtroom was crowded as several defendants appeared before Judge Mark Karl in Wetzel County Circuit Court Nov. 5 morning.
Michael Alberty requested additional discovery from the prosecution in the case involving his client, Alexander Scott Whaley, 24, of HC 62, Box PP, Pine Grove. Alberty requested 911 calls from two years ago, as well as a copy of all police investigation reports. Prosecutor Timothy Haught stated he did not know if dispatch would have calls from two years ago, but he would look into the matter.
Additionally, Alberty stated that several calls had been made to the prosecutor’s office by Whaley and his family, including his wife. Haught stated that if Whaley had records of such calls, he would like to see them. Alberty responded by saying that Whaley’s service provider no longer provides print-outs of calls.
It was also decided that a voluntariness hearing would be necessary in this case; therefore, a return date of Nov. 27, 10 a.m. was set.
Whaley received a one-count indictment by the September 2012 grand jury, charging him with malicious assault. This charge alleges that on or about June 27, Whaley did cause bodily injury to Leonard K. Wildman by striking him in the face and kicking him in the face.
Virginia Hornbeck, 38, of 187 North State Route 2, Apt. D101, New Martinsville, alongside attorney Frederick Gardner, entered pleas of innocence to her six-count drug indictment. Supplemental discovery was provided by the prosecution and a return date was set for Nov. 16, 10 a.m.
Hornbeck received a six-count indictment from the grand jury charging her with three counts each of conspiracy to deliver and delivery of oxycodone. The sets of offenses are to have occurred on or about March 21, March 28, and May 23.
Kimberly Dawn Parsons, 21, of 248 Woodland Knls 28, Moundsville, appeared in court for a voluntariness hearing where it was determined that the statement she allegedly gave was a handwritten statement, not spoken. It was also determined that before a voluntariness hearing can be held, recordings that are on Parsons’ phone need to be preserved first. A return date was set for Nov. 27, 10 a.m.
Parsons received a one-count indictment from the September grand jury stating that on or about June 15 Parsons committed the felony offense of unlawful assault in that she unlawfully caused bodily injury Frances Martha Headley by striking her with a pipe in New Martinsville.
Jesse Ryan Tedrow, 20, of P.O. Box 325, Hundred, waived his right to a speedy trial. Tedrow’s return date was then set for Jan. 25, 10 a.m.
Tedrow’s indictment states that on or about Feb. 8, 2011, he allegedly stole goods, having a cumulative value of more than $1,000, belonging to Savage Heavy Highway.
Samuel Arthur Wade, 32, of Route 1, Box 69, Folsom, appeared in court where Special Prosecutor Worthy Paul stated he needed a transcript from a previous proceeding. But Paul said he would be unable to get these transcripts on his own. “I requested it, but I don’t think it’ll come by my request.” Defense Attorney Jeremiah Gardner said he would look into the matter; thus, a return date has been set for Nov. 27, 10 a.m.
Counts one, four, and seven of Wade’s indictment state that at some point between Nov. 1 and Dec. 26, 2010, Wade allegedly committed the felony offense of sexual assault in the second degree. Counts two, five, and eight charge Wade with the felony offense of incest. Counts three and six charge Wade with sexual abuse by a custodian.
Frederick Gardner stated that he had yet to receive a video in the case involving his client, Gary Wade, 26, of HC 62, Box BB, Pine Grove. Prosecutor Haught stated that he would get the video to Gardner and a return date for the case was set for Nov. 16, 10 a.m.
On Oct, 19, Gary Wade entered a plea of innocence to his three drug-related charges. Count one charges him with delivery of oxycodone which allegedly occurred on or about April 17. Count two and three charge Wade with conspiracy to deliver oxycodone and delivery of oxycodone, both of which occurred on or about Sept. 6.
It was agreed that the bond of Gary Lee Mallendick, 26, of 187 North State Route 2, Apt. D202, New Martinsville, would be reduced to $2,500, provided that Mallendick would agree to stay off the property of the New Martinsville Villas. A return date for Mallendick was set for Nov. 14, 10 a.m.
Mallendick received a one-count indictment from the September 2012 grand jury charging him with delivery of heroin, which allegedly occurred on or about March 14.
In addition, Mallendick is also charged with delivery of marijuana, which allegedly occurred Oct. 2, 2009.
Edward K. Hornbeck, 36, of 187 North State Route 2, Apt. D101, New Martinsville, will return to court Nov. 16, 10 a.m. More time is needed to review discovery because of compatibility issues with the videos that are part of the state’s evidence.
On Oct. 19, Edward Hornbeck entered a plea of innocence to three counts of conspiracy to deliver and three counts of delivery of oxycodone. These offenses are to have allegedly occurred on or about March 21, March 28, and May 23.
There could possibly be a resolution in the future as to the case involving Jason Andrew Young, 29, of 71 West Benjamin Drive, New Martinsville. Young was charged with 12 counts of uttering; he also has a separate indictment, which charges him with drug-related offenses.
Young’s attorney, F.M. Dean Rohrig stated that it would take more than a week to wrap up Young’s case. Therefore, a return date was set or Nov. 30, 1:15 p.m.
The uttering indictment states that Young allegedly cashed several checks from the Peoples Bank account of Amy Goddard and James D. Furbee, knowing the checks were forged.
The two-count drug indictment, charges Young with conspiracy to deliver oxycodone, along with delivery of oxycodone. These offenses allegedly occurred on or about Aug. 27.
Bond will not be reduced for Willard Loy, 53, of 4th and McEldowney Avenue, New Martinsville. Loy appeared in court alongside his attorney, Brent Clyburn, on a motion to set the bond for both his drug charges and burglary charge at $10,000.
The state opposed such a reduction, with Prosecutor Haught stating Loy is facing a lifetime recidivist sentence if convicted on either one of his cases. Haught also noted that when Loy was arrested at the site of the burglary he was allegedly involved in, he was caught in the house with socks on his hands.
Clyburn stated his client was not opposed to home confinement while on bond, but Judge Karl ruled he was not going to allow Loy out on bond.
As for further action, Clyburn stated that he had received the video evidence from the state, but he had not had a chance to review this part of discovery with Loy yet. Thus, a return date was set for Nov. 27, 10 a.m.
Two plea offers have been made by the state in the case involving, James Daniel Duke, 43, of 151 Commercial St., New Martinsville. Gardner stated that he felt something could be worked out; thus, a return date was set for Nov. 16, 10 a.m.
The first count of his indictment states that on or before April 25, 2010, Duke allegedly failed to report to the West Virginia State Police in Wetzel County his move to the state of Ohio.
The second count alleges that on or before July 11, 2012, Duke knowingly failed to provide a change of address in New Martinsville. On or about June 30, 2010, Duke had been convicted of “failure to register” in the Common Pleas Court of Ohio.
The third count alleges that Duke knowingly failed to register or provide a change in information to the West Virginia State Police in Wetzel County by failing to report a change of his telephone number.
The fourth count alleges that Duke, being required to register as a sex offender for life, failed to report, in the month of his birth, to the West Virginia State Police detachment in Wetzel County.
A plea agreement appears to have been made in the case involving Sean David Grimm, 26, of 349 Foundry St., New Martinsville. A return date was set for Nov. 16, 10 a.m.
Grimm had previously pleaded innocent to his one count of malicious assault. On April 22 in Wetzel County he allegedly caused bodily injury to Jacob Patrick Fluharty by striking and choking him with his hands.
Troy M. Richman, 51, of HC 61, Box 321, New Martinsville, stated in court Monday that he did in fact give a statement willingly to police. Previously, it was thought that there would have to be a voluntariness hearing on the mater. Neiswonger reported he was still in the process of interviewing witnesses; thus, a return date has been set for Dec. 6, noon.
Motions were entered by Robert McCoid in the case involving his client, Brian Keith Highley, 54, of RR 2, Box 175, New Martinsville. McCoid filed a notice of the defense’s intent to use 404b evidence. He also requested a bill of particulars from the prosecution, stating that the indictments were factually skeletal.
However, Karl agreed to McCoid’s offer to defer the prosecution’s response to the motions, because of conversations he has recently had with Haught concerning the case. McCoid expressed wanting to confer with the prosecution further on the matters. A return date was set for Dec. 17 at noon.
Highley received two separate indictments from the September 2012 grand jury. Each indictment contained two charges of sexual assault in the first degree, two charges of incest, and two charges of sexual abuse by a custodian.
Ryan Vown Isaacs, 26, of 65 Orchard Drive, New Martinsville, entered a plea of innocence to both of his indictments.
Isaacs received two indictments charging him with sexual related offenses. Isaacs received two counts each of sexual abuse in the first degree and sexual abuse by a custodian, each set occurring at a separate time than the other. The charges allege that Isaacs subjected a child who was supposed to be under his care to sexual contact.
Isaacs’ second indictment charges him with two counts each of sexual assault in the first degree, incest, and sexual abuse by a custodian. Each set occurred at different times.
McCoid also filed a motion to dismiss one of the indictments, citing what he feels to be defects in the indictment under rule 12-b-2. McCoid filed a bill of particulars in the second indictment. Isaacs will appear again in court on Nov. 16, 10 a.m.
A voluntariness hearing is still necessary in the case involving Lonnie David Gray, 65, of HC 60, Box 70, New Martinsville. Attorney Jeremiah Gardner provided discovery to the state in the case and a return date was then set for Nov. 27, 10 a.m., for the hearing which could last approximately an hour. Gray received eight counts of sexual abuse in the first degree, eight counts of incest, and two counts of sexual abuse by a custodian.
Gardner appeared alongside James Michael Hall, 35, of 115010 Crouse St., Pound, Va., where it was determined that Hall had found new, appointed, representation. Hall is to return to court alongside Brian K. Carr of St. Marys on Nov. 16, 10 a.m. He is charged with fleeing from an officer while DUI, DUI, and destruction of property.