Cramer Busy Hearing at Circuit Court
On Tuesday, May 31, several cases were heard in Wetzel County Circuit Court by the Honorable Judge Jeffrey D. Cramer.
Jason Lee Derby, 43 of P.O. Box 496, Reader appeared in court alongside his attorney, Kevin Neiswonger, for a scheduled hearing on a petition to revoke his probation. Derby waived a preliminary hearing on the matter, and Neiswonger told the court he believes with a little more time, counsel can get the matter resolved. Judge Cramer reset the case for June 17 to allow the parties to get the case resolved. Derby who is incarcerated in the North Regional Jail was ordered to return to court on the above date.
Nathan Kernan, 25, appeared in court with his attorney, Brett Ferro, on a scheduled hearing to revoke probation. Kernan was arrested on April 23 by the Morgantown Police on a petit larceny charge. He was on probation for felony sex offenses in Wetzel County at the time. Kernan admitted to violating his probation and waived a hearing in the matter. Judge Cramer ordered him to return to court on June 17 for a disposition hearing.
Jacob Ray Young, 20, of HC 60 Box 129 AA, New Martinsville was also in circuit court on a petition submitted to revoke his probation. Young was represented by Attorney Ferro. Young had pleaded guilty in 2014 to grand larceny and was sentenced to one to five years in prison. The sentence was suspended and he was placed on one year probation and ordered to attend drug court. He is now incarcerated in the Northern Regional jail on a probation violation. Ferro told the court discussions were being held to try and find a place for Young and work out a way for drug rehabilitation. Prosecutor Tim Haught agreed that counsel is having discussions. Judge Cramer ordered Young to return to court on June 17 to allow time for the parties to come up with a resolution. Young was remanded to jail.
Susan Robbins, 53, of Georgia, appeared in court on a status hearing. She was previously charged in Wetzel County with forgery and uttering of a public record. Her attorney advised the court that the defendant drives to these hearing from Georgia and would like to get this settled; he said counsel has been in discussions to settle the case and if they could be allowed a little more time, the matter will be resolved. Judge Cramer ordered her to return to court on June 17, at which time the parties are to have reached and agreement.
Joseph Norris, 31, of 362 Madison Street, New Martinsville was in court alongside his attorney, Ferro, for a sentencing hearing. Norris had previously been sentenced to one to five years for failing to appear on a felony bond, resulting from two counts of first degree sexual assault. That sentence was suspended and he was fined $5,000 and placed on probation until the fine was paid in full. He has since been charged with failure to comply with probation.
Cramer ordered Norris back to jail for 120 days, and then he will be placed back in the custody of probation. He will also be assessed for drug court. He was remanded back to jail.
Chelsea Dawn Rye, 25, of Cleveland Street, Hundred, who was charged with five separate counts of illegal drug activity by the September 2015 grand jury, appeared in court on a status hearing alongside her attorney Brent Clyburn. The drug charges involve conspiracy to deliver herion, delivery of heroin and delivery of a controlled substance.
Clyburn reported to the judge that he has been in discussions with the state and wants to try and resolve the case. Judge Cramer set trial dates in the case for July 5-6. He ordered the defendant to appear back in court on June 17, and if there is no resolution the case would proceed to trial.
Kaley Edgell, 32, of HC 68 Box 30, Littleton, WV appeared in court for a status hearing. Edgell was indicted by the January 2016 grand jury on a charge of delivery of a controlled narcotic substance (buprenorphine). Due to a typographical error, the case was dismissed from the docket. The case was resubmitted and Edgell has been re-indicted.
Robert Lee Kernan, 36, of 615 Kappel Street,Ext, New Martinsville, was in court, alongside his attorney Harry Moore, for a scheduled status hearing. Kernan is charged by the Wetzel County grand jury with three counts of delivery of a controlled substance methamphetamine and one count of conspiracy to manufacture methamphetamine. According to Prosecutor Haught, discovery has been completed in the case. Moore said discussions were being held and he hopes to reach a plea agreement. Judge Cramer set the case for trial on July 11-12. He ordered Kernan to return to court on June 17. Kernan’s bond was allowed to continue.
Dathan Kimble, 31, of 1469 Hornet Highway, Hundred, failed to appear in court for a scheduled status hearing. According to his attorney, he was out of state working and may not have been aware he needed to be at court. Prosecutor Tim Haught said a plea agreement had been reached. Judge Cramer allowed Kimble’s bond to continue and ordered him to be in court on June 17. Kimble is charged with two counts of conspiracy to deliver heroin and one count of delivery of heroin.
Justin David Poling, 38, of 55 West Thistle Drive, New Martinsville appeared in court alongside Attorney Moore. Poling was previously charged with stalking, nighttime burglary and petit larceny. Through a written plea agreement with the state, Poling entered a no contest plea to count three, petit larceny, a misdemeanor offense. The agreement had been consented to by the victim. Judge Cramer sentenced Poling to 334 days in jail with credit for time served, as stated in the plea agreement. Poling was ordered to be released as he has served the time.
Stephen Frederick Postlethwait, 25, of 841 Haddox Run Road, Pennsboro was previously charged by the Wetzel County grand jury with two counts of conspiracy to deliver methamphetamine and one ccount of delivery of methamphetamine all having occurred on January 5, 2015.
According to his attorney and the prosecution, a plea agreement has been reached in the case. Postlethwait was ordered to return to court on June 17.
Tonya Snow Rush, 41, of 166 Pike Street, New Martinsville, was previously charged by the Wetzel County Grand Jury with three separate counts of fraudulent use of an access device, unauthorized use of another’s debit card, conspiracy to deliver marijuana, and shoplifting second offense. The state and the defendant are trying to work out a resolution in the case, but according to prosecutor Tim Haught, he has been unable to obtain records from Bank of America in North Carolina. He asked Judge Cramer for a separate order directing Bank America to provide the records. Cramer issued the order and ordered the parties to return to court on June 17. He allowed Rush to remain on bond.