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Martie Pleads Guilty To Arson

By Staff | Oct 2, 2013

Justin Matthew Martie, 25, of 454 North Main Street, New Martinsville, pleaded guilty Sept. 26 to count two of his original two-count indictment, third degree arson.

For the offense, Martie was placed on two years of supervised probation under the direction of Chief Probation Officer John D. Lantz.

However, due to Martie’s age, the state agreed that if Martie makes restitution in the amount of $2,300, the state would dismiss his case. If Martie fails to complete this agreement, he will be sentenced to the West Virginia Penitentiary for Men for one year.

Martie received a two-count indictment from the September 2012 grand jury charging him with grand larceny and third degree arson. Count one stated that on or about June 21, 2008, Martie feloniously stole a 2002 Suzuki Ozark ATV. Count two of the indictment stated that between July 5 and 14, 2008, Martie committed the felony offense of third degree arson in that he set fire to and burned the ATV, which had a value of more than $500.

In other matter, Ezra Cody Aberegg, 27, of P.O. Box 326, Pine Grove, pleaded guilty to the lesser included offense, petit larceny, of count two of his indictment, grand larceny.

For this offense, Aberegg was sentenced to six months and one day in the Northern Regional Jail. Aberegg was also ordered to pay $1687.89 to make restitution in the case. This restitution, which was made that day in court, was to pay for damage done to a welder when torch tips were removed from the tool.

Aberegg’s indictment, which was handed down to him by the May 2012 grand jury, charged him with entry of a building other than a dwelling and grand larceny. On January 13, 2012, he allegedly broke into an out-building located on property on North Fork Road, Pine Grove.

Jason Lee Derby, 40, of Post Office Box 496, Reader, pleaded guilty to count one of his indictment, fleeing in an automobile while under the influence.

A pre-sentencing report will be filed by Probation Officer Lantz, and Derby will return to court Nov. 5, 1:15 p.m. for the argument of sentencing. The state recommends that Derby serve three to 10 years in prison, with credit for time served.

Per Derby’s plea agreement, the state also agreed to dismiss pending cases of Derby’s in magistrate court. Derby also agreed to enter into an appropriate mental health program.

Derby admitted to committing the crime, stating that he was drinking and driving and failed to pull over from Wetzel County Sheriff’s Deputy Eric Daugherty after Daugherty had activated his blue lights and siren on the sheriff’s vehicle. The offense occurred February 11, 2012, in Wetzel County.

Nicky Nicole Mavety, 24, of Route 2 Box 9, New Martinsville, pleaded guilty to conspiracy to deliver oxycodone, count one of a two-count indictment she was given to by the September 2012 grand jury.

A pre-sentencing report is to be filed by Chief Probation Officer Lantz in this case as well. The state is recommending a sentence of one to five years in the West Virginia Penitentiary for Women.

Per the terms of the plea agreement, Mavety also agreed to be banned from the New Martinsville Villas complex, as well as the WalMart in New Martinsville. Mavety is also to pay $41.33 to the circuit clerk’s office, for submittal to the West Virginia State Police for their Bureau of Criminal Investigations fund.

Also, per the terms of the plea agreement, count two of the indictment, delivery of oxycodone, is dismissed, along with two other indictments pending in Wetzel County Circuit Court, including a September 2012 indictment that charged Mavety with entry of a building other than a dwelling and petit larceny and a September 2013 indictment that charged her with two counts of conspiracy. These two counts of conspiracy each allege that Mavety conspired to cash a check issued to a third party, though she knew the check was forged.