Several Enter Not Guilty Pleas
Not guilty pleas were entered Wednesday, May 27 in Wetzel County Circuit Court on behalf of several defendants indicted by the May 2015 grand jury.
The Honorable Judge David W. Hummel scheduled all trials for July 20-21, August 3-4, and August 17. Pre-trial motions are to be filed before July 2, and pre-trial hearings are to be held 9 a.m., July 10. State’s discovery in each case is due by 2 p.m., June 3, with the defense’s response due by 2 p.m., June 17.
A plea of not guilty was entered on behalf of Megan Gay, 31, of 148 East Thistle Dr., New Martinsville, in regards to her one-count indictment, which charges her with grand larceny. The indictment alleges that on or about Dec. 11, 2014, Gay stole goods having a value of more than $1,000 from Peebles. Gay is represented by Attorney Kevin Neiswonger; Gay’s trial date was set for July 20.
Judge Hummel also ordered that Gay will be placed on home incarceration, with a GPS monitoring device, for the time being.
This development came after Prosecuting Attorney Timothy Haught advised that he had previously filed a motion to revoke Gay’s bond. Haught stated that subsequent to Gay’s discharge from prison, she was arrested on petit larceny.
“One of the issues we are experiencing in Wetzel County, with drug offenders particularly, is they will bond out and commit multiple crimes while on bond,” Haught explained.
Haught stated that he did not have an issue if the court wanted to take the situation under advisement, after which Judge Hummel ordered that for the time being Gay would be placed on home incarnation, at her expense.
A trial date for Gay’s co-defendant, Shannon Fendler, 31, of 306 Poplar Street, St. Marys, was also set for July 20. A not guilty plea was entered in regards to Fendler’s single charge of grand larceny. Fendler’s indictment also alleges that on Dec. 14, 2014, she allegedly stole goods having a value of more than $1,000, which belonged to Peebles in New Martinsville.
Fendler is represented by Attorney Brett Ferro.
Not guilty pleas were entered for Myron Allen Helmick, 27, of HC 60 Box 29, in regards to two indictments, which charge Helmick with drug-related offenses.
A one-count indictment charges Helmick with delivery of a controlled substance, to have occurred on or about Nov. 30, 2014.
A two-count indictment charges Helmick with conspiracy to deliver a controlled substance (alprazolam) and delivery of a controlled substance (alprazolam).
Attorney Justin Craft represents Helmick; Helmick’s trial date was set for July 20. The trial is expected to last one day.
Jesse Oscar Bates, 25, of Route 9 Box 616, Fairmont, represented by Ferro, was handed down a two-count indictment charging him with daytime burglary and petit larceny. The indictment alleges that on Jan. 7, 2015, Bates unlawfully entered the residence of another and stole goods having a value of less than $1,000. A plea of not guilty was entered in regards to Bates’ charges, and a one-day trial was set for Aug. 17.
A plea of not guilty was also entered on behalf of Julio Caesar Exclaims, 34, of 806 Brantford Drive, McLeansville, NICE. Escamilla, who is represented by Attorney Kevin Neiswonger, was charged with two counts of attempted malicious assault. The indictment states that on Nov. 2, 2014, Escamilla attempted to harm another by striking the person’s vehicle with his own as both vehicles were traveling on WV State Route 2 in New Martinsville. A one-day trial was set for July 20.
A not guilty plea was also filed on behalf of Brittany Jo Powell, 30, of 125 Central Street, New Martinsville. Powell, represented by Attorney Brent Clyburn, was charged with both conspiracy to deliver a controlled narcotic substance (buprenorphine) and delivery of a controlled narcotic substance (buprenorphine). The alleged offenses occurred on or about Feb. 10, 2015. Powell’s trial date was set for July 20.
A trial date of July 20 was also set for Jennifer Nicole Read, 29, of 100 North Seventh Avenue, Paden City. Read, who had a plea of not guilty entered on her behalf, was charged twice with possession of a controlled narcotic substance (heroin) with intent to deliver. These offenses allegedly occurred on Jan. 1, 2015 and Feb. 10, 2015. Read is represented by Ferro.
Not guilty pleas were entered on behalf of Christopher James Henderson, 31, of RR 1 Box 358, New Martinsville, and Kayla Rose Gavula, 31, of 28 Rose Street, Lot 32 North, New Martinsville. Henderson and Gavula were each handed down two indictments by the grand jury. A two-count indictment charges each with conspiracy to operate a clandestine drug laboratory and possession of precursors to manufacture methamphetamines.
A second two-count indictment charges each with conspiracy to operate a clandestine drug laboratory and operation of a clandestine drug laboratory. These offenses allegedly occurred on or about Oct. 12, 2014 and resulted in an explosion at a residence in New Martinsville.
Gavula, represented by Ferro, has a trial date set for July 20. Henderson, represented by Clyburn, has a trial date of Aug. 3.
A not guilty plea was also entered on behalf of Joseph Kipling Norris, 30, of 362 Madison Road, New Martinsville. Norris was handed two indictments by the May 2015 grand jury, each charging him with failure to appear on felony bail. Norris was previously charged by the January 2015 grand jury with two counts of sexual assault in the first degree. Attorney Ferro requested that his client proceed to trial with the assault case first. A trial date was set for Aug. 3 for Norris; he will return to court for a pre-trial hearing on July 10.