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Defendant Seeks A Sentence Reduction

By Staff | Mar 20, 2013

A Rule 35b, reduction in sentence hearing, for Larry Joe George, 30, of Post Office Box 67, Reader, was postponed Friday in Wetzel County Circuit Court. Attorney Jeremiah Gardner informed the court that Attorney Brent Clyburn has been appointed counsel for George. Therefore, the matter was passed until March 28, 1:15 p.m.

The Honorable Judge Mark A. Karl struck down a prior sentence reduction motion from George’s defense on Nov. 30.

On Aug. 29 in Wetzel County Circuit Court, George was sentenced to one to 10 years in the West Virginia Penitentiary for Men. He had pleaded guilty on July 20 to the lesser included offense of entry of a dwelling. As part of this plea agreement, all other charges from his January and May indictments were dropped. Notably, in January, he was handed a three-count indictment for burglary-related offenses. Those charges were for burglary, entry of a building other than a dwelling, and petit larceny. In May, he was charged with entry of a building other than a dwelling and larceny.

At the time, George had requested probation, as he had part-time employment and dependents. This request was refused by Judge Karl who then went through a litany of George’s past charges that included cocaine, burglary, and driving under the influence.

“Probation candidates are those with no prior records, no prior offenses. I am not inclined to grant probation,” Karl had stated.

However, he did tell George that his attorney can file a Rule 35 request for a reduction in sentence after serving fourth months.

The Nov. 30 date would have been just a little over three months since George’s incarceration. Prosecuting Attorney Timothy Haught stated that the prosecution believed the parole board is the proper authority for recommendations as to when a defendant should be released.

Karl had agreed that not enough time had passed and stated that the topic could be renewed in February.

Charles, 51, and Mary Evelyn, 50, Young, both of Route 1, Box 31A, New Martinsville, appeared alongside their attorney, Kevin Neiswonger. The court was informed that results are still not back yet from the West Virginia State Police forensics lab regarding handwriting analysis. Approximately 90 documents are being analyzed for handwriting purposes. Special Prosecuting Attorney Carl “Worthy” Paul estimated that the matter could take a couple more weeks. Therefore, a return date was set for April 19, 10 a.m.

Counts one and two in their respective indictments allege they misappropriated the assets of a person over the age of 65, by permitting the recording of a Quitclaim Deed, transferring the real property to their names, without the knowledge or consent of the owner. Count two charges them with feloniously forging the attestation of a notary public to the same Quitclaim Deed.

Additionally, Mary Evelyn Young’s third count in her indictment states that on or about Dec. 13, 2010, in Wetzel County, she committed the offense of uttering wherein she feloniously employed as true the above named Quitclaim Deed, when she knew the attestation of the notary public thereon was forged.

Willard Johnson Loy, 53, of 4th and McEldowney Avenue, New Martinsville, was scheduled to return to court for the implementation of his sentence Friday, but Judge Karl informed the court that Attorney Shane Mallet had contacted him regarding his client, and asked that the matter be rescheduled. Therefore, Judge Karl set a return date for March 28,1:15 p.m.

Loy pleaded guilty on Feb. 6 to the felony offense of nighttime burglary. For this offense, Willard was sentenced to one to 15 years in the West Virginia Penitentiary for Men. Loy will be given credit for 141 days already served. Loy was also to pay restitution to the victim in the case.

This disposed of case 12-F-129, which charged Loy for conspiracy to deliver heroin and attempted delivery of oxycodone.

Because of a future medical procedure, the implementation of Loy’s sentence had been put on hold until Friday.

Loy also requested drug counseling as part of his sentence.

A summons was issued for the appearance of Daniel Ray Jones, 27, of 130 N. Bridge Street, Lot 12, New Martinsville. Attorney Neiswonger stated that he had not seen his client, although “he called my office at least six or seven times this week. He was concerned about watching the videotape (which is part of discovery.” Neiswonger added that he had retrieved a copy of the video and had planned on giving it to Jones after court that day.

A return date for Jones was set for March 28, 1:15 p.m.

Jones is currently charged with conspiracy to deliver oxycodone

In another matter, Neiswonger stated he had asked his client, James Michael Hall, 35, of 115010 Crouse St., Pound, Va., to stay after court to review discovery provided by the state. Neiswonger reiterated the fact that Hall had retained him late during the last term of court; thus, they were just now reviewing discovery. Therefore, a return date was set for March 28, 1:15 p.m.

Counts one and two of his indictment alleges 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.

The case involving Nicky Nicole Mavety, 23, of PO Box 97, New Martinsville, was passed until March 28, 1:15 p.m, as it is believed that Mavety’s codefendant is set to plea soon.

Mavety received a two-count indictment from the grand jury charging her with entry of a building other than a dwelling and petit larceny. Count one alleges that on or about July 14, she entered Wal-Mart Store #2684 in New Martinsville with the intent to commit a larceny. Count two alleges that she stole goods with a cumulative value of less than $1,000 from Wal-Mart.

A separate indictment charges Mavety with conspiracy to deliver oxycodone, along with delivery of oxycodone.

As for the case involving Leann Mallendick, 24, of 187 North State Route 2, Apt. D101, New Martinsville, Neiswonger stated that the defense has made a counter-offer, contingent upon certain matters. He added that the case could be resolved. Therefore, a return date was set for March 28, 1:15 p.m.

Mallendick received a one-count indictment charging her with conspiracy to deliver oxycodone. This offense allegedly occurred on or about April 10, 2012.

There are some issues involving restitution in the case involving Ezra Cody Aberegg, 26, of P.O. Box 326, Pine Grove; therefore, Judge Karl set a return date for March 28, 1:15 p.m.

Aberegg is facing a two-count indictment for entry of a building other than a dwelling and grand larceny. On Jan. 13 he allegedly broke into an out building located on property on North Fork Road, Pine Grove, and took goods valued at more than $1,000.

Darla A. Loy, 32, of 187 North State Route 2, Apt. A103, New Martinsville, is also set to return March 28, 1:15 p.m. Attorney Neiswonger stated that he and his client needed to “get together and review discovery.”

On Oct. 15, Loy entered a plea of innocence to her one-count indictment of delivery of oxycodone, which allegedly occurred on or about Aug. 13.