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Judge Revokes Probation, Places Haley On Confinement

By Staff | Apr 3, 2013

Dillon O. Haley, 21, of 413 Edgeview Terrace, New Martinsville, was sentenced to six months in jail Monday, but will instead serve six months on home confinement.

Six months in jail is the original sentence from May 25, 2012. At that time the incarceration was suspended and he was placed on probation, but the court determined he violated that privilege.

Counsel had been waiting on matters pending in Marshall County against Haley. However, word was received from Marshall County that charges would not be pursued and, instead, the Marshall County Circuit Court recommended home confinement. Prosecuting Attorney Timothy Haught recommended the same for Haley in Wetzel County, stating that, this way, Haley’s sentence for probation revocation and any Marshall County punishment would run concurrently.

Defense Attorney Jeremiah Gardner stated that Haley’s parents agreed to take him into their home on home confinement. “He has a child that will be born in June,” Gardner noted. “Rather than push this off into the future, I’d ask that the court put him on home confinement.”

Judge Mark A. Karl agreed to this sentence, but gave Haley a stern warning that if there were any more problems, he would come back, appearing in court “in orange.”

On May 25, 2012, Haley entered a plea of guilty to petit larceny. Haley was sentenced to confinement in jail for six months. However, the execution of that sentence was suspended and he was placed on probation for two years.

Drug test results on July 7, 2012, confirmed that Haley had tested positive for oxycodone. Furthermore, on July 5, 2012, Haley was cited for two traffic violations in Washington, Pa., driving on a suspended license and driving a “defective” vehicle. Finally, Haley had two more criminal charges from Marshall County-forgery and uttering.

A 404b hearing that was set for Jimmy Work, 43, of 425 James Street, New Martinsville, was postponed for another date until appropriate medical records are received.

Defense Attorneys David Jividen and Chad Haught were both standing by Work, but Jividen requested that he have the opportunity to look at records before he cross-examined a witness for the state. Prosecuting Attorney Timothy Haught stated that he had no issue with this request, as he would like to get a copy of the medical records too. Therefore, a return date was set for April 24, 1:15 p.m.

Work is charged with felony first degree robbery, misdemeanor domestic battery, misdemeanor violation of a condition of bail, felony conspiracy to deliver Psilocybin Mushrooms, and felony possession of a controlled substance (psilocybin mushrooms) with intent to deliver.

In another matter, Gary L. Wade, 27, of HC 62, Box BB, Pine Grove, appeared in court with his attorney, Brent Clyburn, where the topic of discussion in the case concerned a motion to suppress, submitted by the defense.

The motion addresses the suppression of a video disc containing surveillance taken from Wade’s home. Clyburn contended that no warrant was received from a magistrate in the matter, until a day after using the informant. Prosecutor Haught argues that these particular circumstances do not pose a violation and will submit a written response in the matter.

Clyburn also noted that he had just received an offer in the case and would like to discuss it further with his client.

A return date was set for April 19, 10 a.m.

Count one of Wade’s three-count indictment 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.

In another matter, Attorney Scott Brown requested additional time to discuss a possible plea agreement with his client, Edward K. Hornbeck. Therefore, a return date was set for April 17, 10 a.m.

Hornbeck entered a plea of innocence to three counts of conspiracy to deliver and three counts of delivery of oxycodone on Oct. 19, 2012. These offenses are to have allegedly occurred on or about March 21, 2012; March 28, 2012; and May 23, 2012.

Attorney David C. White requested additional time to discuss plea agreements with each of his clients, Justin Kyle Smith and Paul James Ellenwood. Both defendants will return to court April 17, 10 a.m.

Smith’s one-count indictment states that on or about Aug. 20, 2012, he delivered oxycodone.

From the September 2012 grand jury, Ellenwood received a two-count indictment charging him with conspiracy to deliver oxycodone, as well as delivery of oxycodone. These offenses allege that on or about June 18, 2012, Ellenwood conspired with another to deliver oxycodone.

Natasha Lynn Tedrow, 22, of 447B Martin Ave., New Martinsville, is also set to plea April 17, 10 a.m. Tedrow’s indictment states that on or about July 11, she conspired with Joshua E. Burch, Jason Scott Dalrymple, and an unknown white male to deliver Subutex.