×
×
homepage logo

Nice Pleads To Having Explicit Photos Of Minors

By Staff | Feb 18, 2015

Tyler James Nice, 23, of 403 Rebecca St., New Martinsville, pleaded guilty in Wetzel County Circuit Court Feb. 4 before Judge Mark A. Karl to one information charge of portraying a minor engaged in sexually explicit conduct.

The state recommended he be sentenced to two years in prison; he has served 55 days in the Northern Regional Jail. Nice would be required to register for life as a sex offender.

Judge Mark A. Karl asked Nice what he did to make him guilty of the charge.

“I sent a picture to someone,” he replied.

“Was it sexually explicit of a minor?” questioned Judge Karl.

“Yes,” admitted Nice.

Assistant Prosecutor Worthy Paul said the West Virginia State Police seized and searched several phones, computers, and other electronics belonging to Nice after they received a tip from Cabell County-from a person to whom Nice allegedly sent an explicit image.

“It was the most disturbing stuff I’ve ever seen, your honor,” said Worthy. In fact, he said they were proceeding with the case by way of information to spare a grand jury from being exposed to the images.

The law prescribes that sentences in such charges are based on the number of images in a defendant’s possession. Prosecutor Timothy Haught said images must be compared to a Internet Crimes Against Children database to confirm that the person portrayed is under age. It is a long, involved process, he noted.

A pre-sentence report will be prepared by Probation Officer Stephanie Moore. Nice is to return to court on March 10 at 1:15 p.m. for sentencing.

In another matter in court that day, Malinda Rice, 41, of Rt. 2 Box 8A, Proctor, admitted to violating her probation.

On March 22, 2013, Rice pleaded guilty to delivery of a controlled substance, oxycodone, and was sentenced to 1-15 years. But the sentence was suspended and she was placed on two years supervised probation.

Judge Karl read a litany of purported violations of her probation: On both April 17 and Nov. 10, 2014, she was served with a complaint from Tyler County Schools for failure to send child to school. She failed to report the charges to the probation office.

Then on Dec. 16, 2014, she consented to a urine drug screen in which she tested positive for Suboxone and did not have a prescription for this narcotic. On Dec. 20, 2014, she allegedly left the state for Pittsburgh, Pa., without notifying or receiving permission from the probation office. On Jan. 9 she and her adult son were late for a hearing in Gilmer County and then Braxton County. The judge ordered that she be drug tested and they reportedly found amphetamines. Then on Jan. 14 she appeared at a court proceeding for her adult son in Gilmer County. Her behavior caused the judge to order a drug screen and dibenzoylethylene was found.

“We have agreed that she can be released from jail, but she needs to be placed in the drug court program,” said Haught.

Defense Attorney Brent Clyburn said she needs to be evaluated and accepted to drug court, but they believe she will be.

The defense and prosecution agreed for her to be released that day and be interviewed for drug court with the understanding that her probation continues.

“If she is accepted into the drug court program, we will set a return date to extend her probation and address it at that time,” said Haught. If she is not accepted into drug court, they will return to discuss another disposition of the case.

Also, Mark Ernest Dolfi, 47, of 576 Urban Street, New Martinsville, pleaded guilty through a plea agreement to the lesser included misdemeanor of possession of heroin.

His two-count indictment charged him with delivery of a controlled narcotic substance (cocaine) and conspiracy to deliver a controlled narcotic substance (cocaine). However, both the prosecution and defense agreed that the indictment had a typographical error naming the drug at question as cocaine, when it should have been heroin.

Prosecutor Timothy Haught said the offense occurred in New Martinsville and was investigated by the New Martinsville Police Department using a confidential information. “There were multiple anonymous tips about heroin at his barber shop, so they initiated an investigation,” said Haught.

Dolfi acted as a procurer to set the deal up, or as a middle man. “He went to a trailer at AAA,” related Haught. “Dolfi went in and came back out with four heroin stamp bags.”

The NMPD then initiated a traffic stop and took possession of the four stamp bags. They also found Dolfi had two stamps in the roll of his toboggan. “He was getting what they call a pinch,” said Haught, explaining it is a type of kickback for bringing the business to the dealer.

According to the Rule 11-E-1C agreement, which is binding on the court, Dolfi was sentenced to six months in the Northern Regional Jail for six months with credit for 55 days served. He agreed to forfeit all money and property seized to the NMPD and to pay costs of prosecution.

As prescribed in the plea agreement, his other charge in the indictment was dismissed, as were two other charges.