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Possible Plea Overrides Voluntariness Hearing

November 14, 2012
BY LAUREN RIGGS - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

In Wetzel County Circuit Court Tuesday morning, a voluntariness hearing was scheduled in the case involving Joshua Ray Watson, 20, of RR 1, Box 111, Metz. However, during the short recess prior to the scheduled hearing, a plea offer was tendered by the prosecution. Defense Attorney Jeremiah Gardner stated that he wished to discuss the plea offer with his client. Therefore, a return date was set by Judge Mark A. Karl for Dec. 3, 10 a.m.

In another matter, Justin Matthew Martie, 24, of 454 N. Main Street, New Martinsville, was arraigned in court and entered a plea of innocence to his charges of grand larceny and third degree arson. A return date for Martie was then set for Dec. 3, 10 a.m.

Count one states that on or about June 21, 2008, Martie feloniously stole a 2002 Suzuki Ozark ATV which belonged to David L. Smith. Count two of the indictment states that between July 5 and 14 of 2008, Martie committed the felony offense of third degree arson in that he set fire to and burned a 2002 Suzuki Ozard ATV, which had a value of more than $500.

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Tonya McIver, 38, of Rt. 1, Box 356B, New Martinsville, appeared in court where her attorney, J.K. Chase, filed a response for the state's request for discovery. It was then learned that Special Prosecuting Attorney Carl Worthy Paul might be tendering some sort of offer to the defense at a future date. A return date was set for Dec. 3, 10 a.m.

McIver previously entered a plea of innocence to her five counts of parent authorizing sexual abuse of a child which were to have allegedly occurred on or about Nov. 25, 2011; Dec. 10, 2011; between Nov. 1, 2011 and March 21, 2012; Nov. 25, 2011; and between Nov. 1, 2011 and March 21, 2012. The indictment states that McIver intentionally, knowingly authorized a child to engage in sexual intercourse with Charles Scott Moore.

Jonathan Owens, 28, of HC 68, Box 530, Gunlock, Ky., appeared in court where it was learned that a plea agreement has been made in the case. However, the agreement needs to be reduced to writing; therefore, a return date has been set for Nov. 26, 1:30 p.m.

Owens has been charged with possession of a controlled narcotic substance (Xanax) with intent to deliver and misdemeanor driving under the influence.

Both offenses are to have occurred on or about July 22. Owens was allegedly driving a Ford pickup on Fourth Avenue (state Route 2) in Paden City, while he had an alcohol concentration in his blood of more than 0.15. He also allegedly possessed Xanax with the intent to deliver.

Jimmy Work, 43, of 425 James Street, New Martinsville, appeared in court alongside Attorney Chad Haught of Jividen Law Offices. Prosecuting Attorney Timothy Haught presented the defense with a bill of particulars and also reported that the alleged victim in the case resists the release of their medical records. Haught recommended that if the court wanted to release the records, they should be released under seal. Karl agreed that the records could in fact be released under seal. A return date was then set for Dec. 3, 10 a.m.

William Harold Angus, III, 26, of 46 Anson St., Apt. 1, New Martinsville, appeared in court where it was learned that Angus had recently tendered restitution. The state entered a motion to dismiss the charges and a return date was set for Nov. 27, 10 a.m.

Angus' charges stem from incidents on March 10 and 16 when Angus allegedly forged the signature of W.H. Angus on checks made payable to Bill Angus and Go Mart in the amounts of $200 and $94.55.

It was learned that a plea agreement had been made in the case involving Cody Joseph Craft, 22, of HC 61, Box 58, Wileyville; a return date for the entry of the plea was set for Dec. 3, 10 a.m.

Craft's one charge alleges that he committed the felony offense of receiving stolen goods in that between March 23, 2011, and April 20, 2011, Craft did feloniously receive a Husqvarna 3120k chop saw from Joseph Kipling Norris, belonging to Atlas Railroad, which Craft had reason to believe had been stolen.

Attorney Kevin Neiswonger requested additional time to resolve the case involving his client, Summer Sellers Riley, 30, of 187 North State Route 2, Villa Apartments, New Martinsville. Therefore, a return date of Nov. 27, 10 a.m., was set for a plea.

On Feb. 7 Riley pleaded innocent to her one-count indictment for felony delivery of a controlled substance (oxycodone). By the September 2012 grand jury, Riley received a new, two-count indictment charging her with conspiracy to deliver oxycodone and delivery of oxycodone.

At the Oct. 29 hearing, Neiswonger had reported that he would no longer file a motion to reinstate bond for his client, as he had reviewed videos provided by the state and felt it was in his client's best interests to try to settle the the case.

It was learned that Tony Eugene Cook, 47, no address given, had declined a plea offer given by the state; therefore, Haught recommended the case be set for trial. However, Haught stated that the court should note that Cook would be facing a lifetime recidivist label if convicted. Therefore, Karl recommended that counsel try to resolve the case and set a return date for Nov. 20, 1:30 p.m.

Cook's indictment alleges that on or about July 10, Cook unlawfully made physical contact with his ex-girlfriend, who had an emergency order of protection against him, by striking her in the head with his head.

Neiswonger reported that he had not received the DVD yet which is part of the state's discovery against his client, Leeann Mallendick, 36, of 187 North State Route 2, Apt. D101, New Martinsville. Therefore, a return date was set for Nov. 27, 10 a.m.

Mallendick received a one-count indictment charging her with conspiracy to deliver oxycodone. This offense allegedly occurred on or about April 10.

A possible resolution is in sight in the case involving Nicky Nicole Mavety, 23, of 28 Rose St., Lot 30, New Martinsville; a return date has been set for Nov. 27, 10 a.m.

Mavety's indictment charges her with entry of a building other than a dwelling and petit larceny. Count one alleges that on or about July 14 she entered Wal-Mart Store #2684 in New Martinsville with the intent to commit a larceny. Count two alleges that she stole goods with a cumulative value of less than $1,000 from Wal-Mart.

A separate indictment charges Mavety with conspiracy to deliver oxycodone, along with delivery of oxycodone.

Paul James Ellenwood, 18, of 187 North State Route 2, Apt. D104, New Martinsville, appeared in court where Neiswonger stated that his partner, Attorney David C. White, would need more time to review the supplemental discovery that had been provided by the state. Thus, a return date was set for Nov. 27, 10 a.m.

Ellenwood received a two-count indictment charging him with conspiracy to deliver oxycodone, as well as delivery of oxycodone. These offenses allege that on or about June 18, Ellenwood conspired with another to deliver oxycodone.

Ronald "Buck" L. Dunham, 36, of 730 Highland Avenue, New Martinsville, also appeared in court, where Attorney Keith Hart stated he needed additional time to review the state's video evidence with his client. Also, Haught provided supplemental discovery to Hart. A return date was then set for Nov. 27, 10 a.m.

Counts one and two of Dunham's indictment charge him with conspiracy to deliver oxycodone and delivery of oxycodone. These offenses allegedly occurred on or about July 11 when Dunham conspired with Omear to deliver oxycodone.

Counts three and four charge Dunham with conspiracy to deliver oxycodone and oxycodone. The indictment alleges that on or about July 12, Dunham conspired with Murphy to deliver oxycodone.

Counts five and six, conspiracy to deliver oxycodone and delivery of oxycodone, allege that Dunham conspired with Omear and Jones, also known as "Little D", to deliver oxycodone.

Count seven of the indictment alleges that Dunham committed conspiracy in that he conspired with Willard Loy to deliver heroin.

Additional time is necessary for White to review the state's video evidence with his client, Tasha Lynn Tedrow, 21, of 447B Martin Ave., New Martinsville, according to White's partner, Neiswonger. Therefore, a return date was set for Nov. 26, 1:30 p.m.

Tedrow's indictment states that on or about July 11, she conspired with Joshua E. Burch, Jason Scott Dalrymple, and unknown white male to deliver Subutex.

Supplemental disclosure has been provided in the case involving Lujuana L. Striegle, 25, of 187 N. State Route 2, Apt. D105, New Martinsville; also, Attorney Hart has requested time to review the video evidence provided by the state. A return date has been set for Nov. 26, 1:30 p.m. It was also learned that Hart is in fact representing Striegle in her probation violation cases.

Striegle was charged with delivery of oxycodone. This offense was to have allegedly occurred on or about Aug. 6.

In another matter, it was learned that Justin Kyle Smith, 23, of 524 Martin Ave., New Martinsville, needs to meet with his attorney, White, according to Neiswonger. A return date was set for Nov. 26, 1:30 p.m., to accommodate this request.

Smith is charged with the felony offense of delivery of a controlled narcotic substance, oxycodone. His one-count indictment states that on or about Aug. 20, Smith delivered oxycodone.

 
 

 

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