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Moore Sentenced For Violating Probation

By Staff | May 27, 2015

Dustin Moore, 21 of New Martinsville, was sentenced to 60 days in jail on Monday, May 18 for violating the terms and conditions of his probation.

Moore’s defense attorney, Brett Ferro, stated that it was his client’s intent to waive the preliminary hearing in the matter and admit to his violations. Ferro stated there was a proposed resolution for the court’s consideration in that Moore would admit to the violation and be sentenced to 60 days in jail. Ferro remarked that this resolution was agreed to by the state.

The county’s chief probation officer, John D. Lantz, remarked to the court that he was not involved in the agreement and requested that his objection be noted for the record.

When asked how he had violated his probation, Moore, who had been placed on a GPS system while on probation, responded that he didn’t know he had to report when he was leaving his residence. Moore also agreed that he had been “running around.”

The Honorable Judge David W. Hummel stated that he was going to make a specific finding that Moore had absconded from lawful custody. Since Hummel made a specific finding of fact, this meant that he did not have to abide by the state legislation for probation violators, which stipulates only 60 days in jail.

However, Hummel remarked he would allow Moore to only spend 60 days in jail but added that since he made a specific finding, the next time Moore violated his probation he would receive the entirety of his original sentence.

Assistant Prosecuting Attorney Carl “Worthy” Paul remarked that the court should also take note of the fact that Moore had been tracked to the residence of an individual who had been indicted.

Moore further argued that he did not know about all of the different regulations. Hummel ordered him to read the rules, adding that next time he broke them, he would be going to prison.

In October 2014 Moore pleaded guilty to one information count of possession of heroin with intent to deliver.

Moore was sentenced to one to 15 years in the West Virginia Penitentiary for Men. However, the state had agreed that Moore may file a petition for early release and be placed in drug court once he served a minimum of six months in prison. Moore was also to serve one year of supervised probation after release.

On March 4, Moore was granted his reduction in sentence.

In another matter, Julie Lynn Finch, 37,of 187 North State Route 2 Apt. E-106, New Martinsville, waived her preliminary hearing in the matter of a petition to revoke her probation.

Probation Officer Stephanie Moore reported that on April 25 she was called to Finch’s residence as the probation office received a report that Finch was in her apartment drinking.

Moore stated that Finch reported she had been drinking cough syrup. However, no cough syrup was found. Upon further search, vodka bottles were found in Finch’s car.

Finch admitted in court to drinking that day, adding that she is a recovering alcoholic. Finch said her children were asleep.

“I’m a 38 year old single mom,” she stated, adding that she made a bad decision.

Finch said she “just crashed,” and was overwhelmed, adding that she has anxiety.

“I need to get back to my AA meetings and church,” she said.

It was agreed that Finch would be released after spending 30 days in prison; her release date is May 26.

She is to also be admitted into drug court.

Finch pleaded guilty July 15 to third-offense domestic battery. She was sentenced to one to five years in the West virginia Penitentiary for Women. However, the execution of the sentence was suspended and Finch was to instead serve three years of supervised probation.