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Cases May Be Resolved

By Staff | Nov 20, 2012

It appears as if there could be several resolutions to various criminal cases before the term ends in Wetzel County Circuit Court.

Attorney Frederick Gardner stated there was an agreement with the state involving his client, Sean David Grimm, 26, of 349 Foundry St., New Martinsville. Gardner added he had gone over the agreement with his client and all that was needed was a date to enter the plea. Thus, Karl set a return date for Dec. 21, 10 a.m.

Grimm is facing 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.

Prosecuting Attorney Timothy Haught said counsel had been discussing possible dispositions in the case involving Virginia M. Hornbeck, 38, of 187 North State Route 2, Apt. D101, New Martinsville. However, Haught stated that there was another matter counsel was waiting on, so he asked that the matter be passed. Judge Mark A. Karl agreed to this and set a return date for Dec. 6, noon.

Possible resolutions are also being discussed in the case involving Edward K. Hornbeck, 36, of 187 North State Route 2, Apt. D101, New Martinsville, who is represented by Attorney Scott Brown. Furthermore, the state also designated an expert witness in the case. A return date has been set for Nov. 26, 1:30 p.m.

The state has also designated an expert witness in the case of Gary L. Wade, 26, of HC 62, Box BB, Pine Grove. The defense filed a response to the state’s request discovery and confirmed that the discovery compact disc had been received. A return date was then set for Dec. 21, 10 a.m.

On Oct, 19, 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.

Attorney George Stanton filed a response to the state’s request for discovery in the case involving his client, Daniel Ray Fordyce, 33, of HC 61, Box 3, Littleton, who is charged with grand larceny and transferring stolen goods. However, due to personal family matters in Fordyce’s life, Stanton moved that the case continue until next term. Judge Karl agreed to this and set the matter for Jan 18, 10 a.m.

On or about Feb. 8, 2011 Fordyce allegedly stole goods totaling more than $1,000 from Savage Heavy Highway. His second count alleges that between Feb. 8, 2011, and April 3, 2011, Fordyce allegedly transferred to Andrew Burt Wade a Husqvarna K750 14″ chop saw valuing more than $1,000, which belonged to Savage Heavy Highway.

James Michael Hall, 35, of 115010 Crouse St., Pound, Va., appeared in court without counsel, as he has been unable to afford an attorney. The court was told that although Hall’s income exceeds guidelines to have a court-appointed attorney, he does have other financial obligations, such as child support.

Hall reported that he is looking to retain Kevin Neiswonger as his attorney, but it could be three to four weeks until he is able to get him.

The matter was then passed until Dec. 6, noon.

Counts one and two of his indictment allege that on or about Aug. 20, James Michael Hall did flee in an automobile on state Route 2 in New Martinsville, from New Martinsville Police Chief Tim Cecil, after Cecil had activated his blue lights in an attempt to stop the vehicle. Hall was allegedly driving a Ford pickup on state Route 2, Parkway Avenue, Fourth Street, Hassner Lane, and Long Street in New Martinsville, while he had an alcohol concentration in his blood of more than 0.15.

Count three of his indictment states that, allegedly, during this time Hall did deface a garage located at 829 Fourth Street, a garage located at 825 Fourth Street, a utility pole at the corner of Hassner Lane and Long Street, and a Ford pickup truck in New Martinsville. Damages cumulatively totaled more than $2,500.

Special Prosecuting Attorney Carl Worthy Paul objects to the motion made by the defense to dismiss one of the indictments against Ryan Vown Isaacs, 26, of 65 Orchard Drive, New Martinsville.

Paul also opposes the request made by Defense Attorney Robert McCoid for a bill of particulars in the other indictment, as the defense opposes the language of the indictment.

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.

A return date was set for Dec. 6, noon. Based on a bench conference, it was determined that Isaacs could be released on his former bond.

A 404b hearing in the case of Charles Robert Wells, 46, of Post Office Box 53, Proctor, will be held Dec. 6, noon.

Wells, represented by Jeremiah Gardner, is charged with third-offense domestic battery. Wells allegedly struck his girlfriend in the face with his hand and kicked her in the ribs with his foot on Oct. 24, 2011.

Additionally, Wells has been recently charged with two more crimes. His first count, third or subsequent offense domestic battery, alleges that on or about July 16, Wells struck a family member in the face with his hand in New Martinsville. His second count, battery, alleges that on July 16 Wells intentionally struck a person in the face by throwing a can of soda or beer at her in New Martinsville.

Wells was previously convicted of the offense of domestic battery in the Magistrate Court of Wetzel County on Feb. 13, 2004; and in the Magistrate Court of Wetzel County on Nov. 14, 2007.

Attorney David C. White represents Wells on these charges.