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Defendants Appear In Circuit Court

By Staff | Jun 17, 2015

Forrest Jack Carroll, 25, of 125 Kirchner Street, Middlebourne, and Jon Thomas Stearns, Jr., 29, of 100 North Bridge Street, New Martinsville, both entered pleas of not guilty in Wetzel County Circuit Court Friday, June 5.

Stearns was charged by the May 2015 Wetzel County Grand Jury with conspiracy to deliver a controlled narcotic substance (buprenorphine). This offense allegedly occurred on or about Feb. 10, 2015.

Carroll was charged with possession of precursors to manufacture methamphetamines and conspiracy to deliver a controlled substance (methamphetamines), to have allegedly occurred on or about Oct. 27, 2014.

Stearns was originally represented by Attorney Michael Alberty; however, due to Alberty being late twice for Stearns’ hearings, The Honorable Judge David W. Hummel terminated Alberty’s appointment. Judge Hummel requested that Carroll’s council, Attorney Harry Moore, also represent Stearns. Moore agreed to such. Both defendants will return to court July 10, 9 a.m. for pre-trial motions. A trial date of July 20 has been set for each defendant.

Tonya McIver, 40, of Route 1 Box 356B, New Martinsville, will return to court July 10 to update the court regarding her employment so that she may pay court fees, which is a term of her probation.

Probation Stephanie Moore informed the court McIver has not paid any of her fees; the entirety of the balance is approximately $2,000.

McIver’s attorney, J.K. Chase said his client had a job until she was injured. Due to having her arm in a cast, she’s been unable to work. The court was informed that McIver might be out of her cast as soon as the next week. Therefore, Judge Hummel ordered McIver to return July 10 so the court could be updated on her employment status. Both attorney Chase, along with Assistant Prosecuting Attorney Carl “Worthy” Paul agreed that McIver’s probationary period might be extended until she makes payment.

McIver pleaded guilty Feb. 6, 2013 in Wetzel County Circuit Court to one count of parent authorizing sexual abuse of a child.

In another matter, Patrick Loy, 33, was ordered to serve 120 days in prison for violating the terms and conditions of his probation, after which he will continue probation. However, Judge Hummel ordered that Loy’s probation will now be served as home incarcerated with GPS.

In December 2014, Loy pleaded guilty to grand larceny. For this he was sentenced to one to 10 years in the West Virginia Penitentiary for Men. However, this sentence was suspended and Loy was instead placed on two years of probation.

Loy was sentenced to 60 days in prison in July 2014 for violating the terms of his probation. He was also ordered to complete the drug court program.

Also, the bond of Shannon Fendler, 31, of 306 Poplar Street, St. Marys was modified on June 5, allowing her to serve home confinement with GPS monitoring. Fendler’s mother agreed to accept her daughter into her household, which Fendler’s attorney, Brett Ferro, remarked would be “a better situation.”

Fendler previously entered a not guilty plea in regards to her 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.

In another matter, the bond of Nikolas Brady Matthews, 31, of Paden City, was decreased from $40,000 to $38,000 after Matthews’ attorney, Brett Ferro requested that his client’s bond be modified and Matthews instead be placed on home confinement.

Matthews was indicted by the September 2014 grand jury, charging him with conspiracy to deliver a controlled narcotic substance However Matthews did not appear in court on his charge until March, after a capias was issued.