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Court Deals With Probation Revocations

By Staff | Apr 1, 2015

Several probation revocation matters were heard by the Honorable Judge Mark A. Karl March 24 in Wetzel County Circuit Court.

The matter involving a petition to revoke the probation of Christopher Watson Smith, 24, of 105 North Second Avenue, Paden City, was passed until April 3, 10:15 a.m. The Public Defender Corp. was reappointed to represent Smith.

Smith entered a conditional plea Dec. 11, 2014, before the Honorable Judge David W. Hummel. Smith was originally charged by the September 2014 grand jury with felony destruction of property, in that on or about Dec. 9, 2013, he allegedly struck a motor vehicle belonging to another, which defaced the vehicle, causing a loss in value of the motor vehicle in an amount of $2,500 or more.

Smith was sentenced to one to 10 years in prison for his crime; however, the execution of his sentence was suspended and he was placed on 36 months of probation.

Once Smith had made restitution, he would have been discharged from probation, and his case would have been dismissed.

The probation of Natasha Lynn Tedrow, 24, of 447B Martin Ave., New Martinsville, was extended for an additional six months after Tedrow admitted to having a positive drug test.

Tedrow was originally sentenced on May 22, 2013, to one to five years in the West Virginia Penitentiary for Women for conspiracy to deliver Subutex.

According to the petition to revoke Tedrow’s probation, on or about Oct. 22, 2014, Tedrow had consented to a urine drug screen by Probation Officer Stephanie Moore. On Oct. 27, 2014, the results of the screen were received and Tedrow tested positive for Suboxone.

Prosecuting Attorney Timothy Haught noted that the dispute with the petition to revoke Tedrow’s probation was whether or not Tedrow had a prescription for the Suboxone. “The state alleges it was an old prescription and that she failed to tell the probation officer she had a prescription,” Haught noted.

“I want (Tedrow) to state on the record that she isn’t prescribed any drugs at this time. It seems like we have a recurring issue with some individuals who have drug problems. They are abusing Suboxone or are able to run to a Suboxone clinic and get the pills prescribed. (Tedrow) would have had an obligation to tell the court she was on it.”

Tedrow stated several times to the court that she now has no prescription for Suboxone or any other drugs. Her probation was extended until Nov. 22, 2015.

In another matter, the probation of Justin Kyle Smith, 25, of 524 Martin Ave. New Martinsville, was extended for a year after Smith admitted to testing positive to controlled substances during a routine drug screening administered by Probation Officer Bryan Hostuttler.

In May 2013, Smith had pleaded guilty to delivery of oxycodone and was sentenced to one to 15 years in the West Virginia Penitentiary for Men. The execution of this sentence was suspended and Smith was instead ordered to serve two years of probation. Smith’s probation would have expired this year. However, because of his probation violation, he is to serve an additional year. Smith is also to be evaluated for drug court.

In another matter, Richard Brantley Hissom, 18, of New Martinsville, pleaded guilty to one information count of possession of marijuana, alleged to have occurred on or about Dec. 22, 2014, in Wetzel County.

For this offense, Hissom will serve one year of probation. Prosecuting Attorney Timothy Haught noted that if Hissom successfully completes the one year of probation, he can withdraw his guilty plea and the state will agree to dismiss the case.

Haught noted that Hissom was stopped by West Virginia State Trooper Grant Herrnberger in Moundsville and a small amount of marijuana was recovered. Upon further questioning, Hissom stated he had additional marijuana at his residence. Herrnberger followed Hissom to his residence, where a larger quantity of marijuana was turned over, along with $690 in cash and rolling papers.

Haught noted that Hissom had no prior criminal activity and was “truthful” to the police, as well as cooperative.

In the case involving Matthew E. Stoflinsky of 7127 Doolin Run Rd., New Martinsville, was passed until April 3, 10:30 a.m.

Prosecutor Haught noted that he and Attorney Kevin Neiswonger had been discussing possible resolutions to the case. “We’d like to have (Stoflinsky) evaluated for drug court to see if he is okay as a candidate for that,” Haught noted.

It was ordered that Stoflinsky be evaluated for drug court and the matter was passed. Stoflinsky was charged by the January 2015 grand jury with attempting to operate a clandestine drug laboratory.

Also, the case involving Cody Rice, 23, of HC 60 Box 19, New Martinsville, was passed until April 3, 10:45 a.m.

Neiswonger said that he had reviewed discovery with his client and noted that the defense would probably be filing a suppression motion in the case, “and in essence, it needs passed.” On Feb. 4, Rice pleaded innocent to two indictments.

The first charges him with possession of precursors to manufacture methamphetamines and possession of a controlled substance (methamphetamine). The second indictment charges Rice, again, with possession of precursors to manufacture methamphetamines and possession of a controlled substance (methamphetamine) with intent to deliver.

In another matter, it was noted that the case involving Michael Allen Ziegler, 35, of Post Office Box 235, 269 North State Route 2 15W, New Martinsville, would not be resolved “short of having a trial.” Therefore, the matter was passed until April 3, 10:45 a.m.

Also, the case involving Bradley Phillip Smith, 31, of 616 Foundry St., New Martinsville, was passed until April 3, 10:45 a.m. Smith is charged with malicious assault and unlawful restraint.