The case involving Shawn C. Stackpole, 27, of Post Office Box 116, Porters Falls, was dismissed Monday in Wetzel County Circuit Court.
Defense Attorney Brent Clyburn notified Judge Mark A. Karl that former outstanding items in the case had been taken care of and the state was going to move that day to dismiss the case. Special Prosecuting Attorney Carl "Worthy" Paul agreed with Clyburn's remarks, explaining that the state had no objections to dismissing the case. Stackpole was indicted on two counts, conspiracy and principal in the second degree to delivery of a controlled narcotic substance (oxycodone). On or around Jan. 19, Stackpole allegedly conspired with Zachery Jerico and Charles Zachary Wells to deliver oxycodone, a schedule II controlled narcotic substance in Wetzel County. The second charge states that on that same date Stackpole did intentionally aid and abet in the delivery of oxycodone.
Attorney Chad Haught explained that there are "a couple of" subpoenas of medical records that are outstanding in the case involving client Jimmy R. Work, 43, of 425 James Street, New Martinsville; there appear to be a need for records from Wheeling Treatment Clinic, Wetzel County Hospital, as well as First Priority Health insurance records from Pennsylvania.
Also relative to the case, the state alerted counsel that Prosecuting Attorney Timothy Haught is wanting to argue 404b matters; therefore, a return date was set for April 1, 1:30 p.m.
Work is charged with felony first degree robbery, misdemeanor domestic battery, misdemeanor violation of a condition of bail, felony conspiracy to deliver Psilocybin Mushrooms, and felony possession of a controlled substance (psilocybin mushrooms) with intent to deliver.
In another matter, the state notified the court that they were moving to dismiss the case involving Wilson Scott Longwell with prejudice.
Longwell had received a two-count indictment in May 2012 for conspiracy to commit first degree robbery and first degree robbery. The charges stemmed from an incident to have occurred on July 8, 2011, when he allegedly conspired with Justin Raymond Wyatt and Jonathan Jones to commit first degree robbery.
A separate, four-count indictment, had charged Longwell with conspiracy, nighttime burglary, commission of a felony, and malicious assault.
Attorney Kevin Neiswonger notified the court that an agreement has been made in the case involving his client, Nicky Nicole Mavety, 23, of PO Box 97, New Martinsville. However, Neiswonger added that the agreement in this case is contingent upon Mavety's co-defendant, George James Mavety, 29, making a plea in his case. Neiswonger requested a return date of March 15, 10 a.m.
Nicky Nicole Mavety, received a two-count indictment from the grand jury charging 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.
A plea agreement also appears to be imminent in the case involving Leann Mallendick, 24, of 187 North State Route 2, Apt. D101, New Martinsville. Neiswonger reported that Mallendick was wanting to view the video that is part of discovery prior to pleading. Therefore, a return date was set for March 15, 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, 2012.
The case involving Jason Lee Derby, 39, of PO Box 496, Reader, will also come to a resolution, according to Neiswonger. However, Neiswonger stated that the agreement calls for Derby to undergo a psychological examination. Neiswonger explained that the defense had attempted an examination with several facilities previously, but the defense had encountered troubles finding psychologists who could perform the examination. Therefore, it was determined that Derby's examination would be done by Fremouw-Sigley Psychological Associates in Morgantown. Judge Karl continued the case generally.
On Oct. 1, Derby entered a plea of innocence to charges of misdemeanor DUI and felony fleeing from an officer while DUI. On or about Feb. 11, Derby allegedly fled in an automobile on state Route 2 in New Martinsville and on state Route 7 in Wetzel County from Deputy Eric Daugherty, after Daugherty had activated his blue lights in an attempt to stop the vehicle. The second charge alleges that at this time, Derby had an alcohol concentration in his blood of more than 0.15.
Ezra Cody Aberegg, 26, of P.O. Box 326, Pine Grove, is also set to plea March 15, 10 a.m. Neiswonger reported that his client was going to make restitution through the county clerk Monday, and then counsel would proceed with a plea.
On Jan. 13, 2012, Aberegg allegedly broke into an out building located on property on North Fork Road, Pine Grove, and took goods valued at more than $1,000.
Based on a bench conference, it was determined that Virginia May Hornbeck, 38, of 187 North State Route 2, Apt. D101, New Martinsville, would waive her right to a speedy trial for this term of court. Hornbeck's return date was then set for May 15, 10 a.m. Hornbeck is charged with three counts each of conspiracy to deliver and delivery of oxycodone.