Saturday, March 16, 2013

Saturday Morning Crime Update

Delmos D. Short
UPDATED AT 2:30 P.M. ON MARCH 16, 2013

According to the West Virginia Regional Jail Authority's website, two men were arrested in Webster County and booked into the Central Regional Jail at 1:07 a.m. on Saturday, March 16, 2013.

Delmos Daral Short, age 66, was arrested for the felony crime of Threats of Terrorists Acts. According to the West Virginia Code (Section 61-6-24), a "terrorist act" is defined as follows:
An act that is:
(A) Likely to result in serious bodily injury or damage to property or the environment; and
(B) Intended to:
(i) Intimidate or coerce the civilian population;
(ii) Influence the policy of a branch or level of government by intimidation or coercion;
(iii) Affect the conduct of a branch or level of government by intimidation or coercion; or
(iv) Retaliate against a branch or level of government for a policy or conduct of the government.
The penalties for making a threat of a terrorist act ranges from a minimum of one year but not more than a maximum of five years in prison and/or a fine of not less than $5,000.00 but not more than $50,000.00.

According to the criminal complaint filed against Short by West Virginia State Police Trooper S.G. Blake, Short allegedly called the Webster Communications Center on March 11, 2013 and made certain threats. Blake's complaint further states that a Trooper Alton of the Elkins Communication Center also spoke with Short, and Short made threats of violence toward Alton and any police who might show up to arrest him. The criminal complaint contains a number of profanities allegedly said by Short which are not appropriate for publication. The warrant for Short's arrest was issued on March 11, 2013 and he was arrested on March 16, 2012. 

Magistrate John Stone set Short's bail at $50,000.00 and Walton's Bonding is making arrangements to post said bail late Saturday afternoon.

Gerald L. Boggess
Gerald Lee Boggess, age 54, was arrested for the felony crime of Failure to Register as a Sexual Offender. Under West Virginia's Sex Offender Registration Act (WV Code Section 15-12-1), persons must register for at least ten years and up to life depending upon the type of sex offense they committed. In most adult sex offense cases, the period is ten years. In cases involving minors or "sexually violent offenses," the period is life. Penalties for failing to register resulting in a felony charge have a wide range of potential prison sentences (anywhere from minimums of one to 15 years and maximums of up to 35 years, with the higher range based on number of prior similar convictions).

According to information from Court personnel received by the Commentator regarding Boggess' arrest, Boggess was convicted of a sex offense against a minor who was related to him, requiring him to register as a sex offender for life. The prior offense was in the State of Georgia.

In early 2012, Boggess was arrested on a similar Failure to Register as a Sexual Offender felony charge, but that was reduced to a misdemeanor Failure to Register charge. Boggess entered a no contest plea in 2012 to the reduced charge. Magistrate Rich Robertson sentenced Boggess on that misdemeanor charge to 365 days in jail. Boggess was given credit for 8 days spent in jail and was placed on 22 days of home confinement, and the balance of the 365 days (i.e., 335 days) was suspended and Boggess was placed on probation for two years, starting on February 15, 2012 and ending on February 15, 2014.

On his current felony Failure to Register charge, Magistrate Stone set bail at $100,000.00. Boggess remains incarcerated at the Central Regional Jail.

An arrest is not an indication of a person's guilt.

2 comments:

  1. how can you arrest someone if they haven't been proven guilty?

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  2. in this county the minute you are accused you are guilty! there is no fairness in our justice system. i have been to several other places across this state and country and they all are baffled at how our circuit and magistrate courts work. the most common words used by others to describe it are insane, unfair, prejudiced, biast and my favorite...plain down ridiculous. i have seen plenty of innocent people go to jail when by all rights the case should have been dropped. i have also seen people with minor charges get more jail time than sex offenders. what is wrong with our judicial system and why is noone standing up to them? MONEY. that's why. shame on them....i have one question for them. how can you take children from good parents, leave the one's that need to be taken and put people in jail on the word of addicted informants and then go to church and then go home and sleep? and Judge Hall, this is by no means directed towards you, you are a fine judge. will you please run for circuit judge? we need a change!

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