Darla Loy, 33, of 187 North State Route 2, Apt. A103, New Martinsville, pleaded guilty Aug. 16 to a lesser included offense, conspiracy to deliver oxycodone. For this offense, Loy was sentenced to one to five years in the West Virginia Penitentiary for women.
Loy was originally indicted by the September 2012 grand jury with delivery of oxycodone.
Also, several matters were heard in Wetzel County Circuit Court on Tuesday before the Honorable Judge Mark A. Karl.
It was determined that James Michael Hall, 36, of 115010 Crouse St. Pound, Va., will waive his right to a speedy trial through a written waiver, due to his current residency in Virginia.
The case has yet to be resolved as restitution has yet to be made. Attorney Kevin Neiswonger stated that Hall is not covered as a driver by automobile insurance; however, the owner of the car Hall was driving during his alleged offense has liability insurance that will cover the other damaged vehicles.
The matter has been made returnable for Sept. 11, 10 a.m.
Counts one and two of Hall's indictment alleges that on or about Aug. 20, 2012, Hall fled in an automobile on state Route 2 in New Martinsville, from New Martinsville Police Chief Tim Cecil, after Cecil had activated his blue lights in an attempt to stop the vehicle. Hall was allegedly driving a Ford pickup on state Route 2, Parkway Avenue, Fourth Street, Hassner Lane, and Long Street in New Martinsville, while he had an alcohol concentration in his blood of more than 0.15.
Count three of his indictment states that, allegedly, during this time Hall did deface a garage located at 829 Fourth Street, a garage located at 825 Fourth Street, a utility pole at the corner of Hassner Lane and Long Street, and a Ford pickup truck in New Martinsville. Damages cumulatively totaled more than $2,500.
In another matter, due to recently acquiring a new attorney, Joshua Ray Watson, 21, of RR 1, Box 111, Metz, also waived his right to a speedy trial. He will also return to court Sept. 11, 10 a.m.
In May, Watson was indicted on charges of nighttime burglary and grand larceny.
After being picked up on a capias, Ezra Cody Aberegg, 27, of P.O. Box 326, Pine Grove, also waived his right to a speedy trial for the term of court. Aberegg's case was set for trial Aug. 29; however, two possible resolutions to the case have been presented to Defense Attorney Neiswonger, one being contingent on Aberegg making restitution.
It was also noted that while out on bond, Aberegg has allegedly committed two misdemeanors. Prosecuting Attorney Timothy Haught stated he had no problem with Aberegg waiving his right to a speedy trial for the term of court as long as he stays in jail.
Aberegg is facing a two-count indictment for entry of a building other than a dwelling and grand larceny. On Jan. 13, 2013, he allegedly broke into an out building located on property on North Fork Road, Pine Grove, and took goods valued at more than $1,000.
Jason Lee Derby, 40, of Post Office Box 496, Reader, was also picked up on a capias for his arrest, after failing to appear in court on Aug. 16. On that date, Neiswonger had stated he had been told his client had either been incarcerated or institutionalized at Hillcrest Behavioral Services. However, Chief Probation Officer John D. Lantz stated this was not the case, as he had passed Derby at the fair approximately three times the previous evening.
On Tuesday, Neiswonger stated that his client did confirm he was at the fair; however, Derby claims he had thought his court hearing was Aug. 19 instead of Aug. 16.
Prosecutor Haught strongly discouraged Derby being released on bond. Haught explained that while on bond for this case, Derby has been charged in magistrate after allegedly committing domestic battery and wrecking a car. Haught stated that in the latter situation, Derby fled the scene of the accident and swam across a creek to escape.
Karl stated that Derby is costing the county $50 a day for the past two weeks, and because of this, he was going to release him. However, he gave Derby a stern warning not to commit another crime.
A return date was set for Sept. 11, 10 a.m.
Derby was charged by the September 2012 grand jury with misdemeanor DUI and felony feeling 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.
In another matter, Troy M. Richman 52, of HC 61, Box 321, New Martinsville, was also willing to waive his right to a speedy trial. He will also return Sept. 11, 10 a.m.
Richman's case was set for trial for Sept. 4 and Sept. 5; however, due to an issue with a witness, the trial has been continued.