Diana Elementary to Host Wrestling Fundraiser

The Diana Elementary School will host a semi-professional wrestling event on April 19 as a fund raiser for the 7th and 8th grade classes. 

According to event sponsors, Mountain State Wrestling will handle all the setup and ticketing for this event. Advanced tickets can be purchased from Diana 5th through 8th graders, at the school, or through the Diana Parent Teacher Organization.

Compassionate Use of Medical Marijuana Bill Debated

A medical marijuana law has been
introduced in the WV Legislature.

For at least the third year in a row, a new law has been proposed in the West Virginia Legislature to make it legal to prescribe the use of marijuana for medical purposes to treat a variety of debilitating health issues.

Like the past two years, at this point in the legislative session, it does not appear that this new law will even advance out of the legislative committee to which it was assigned. Taylor County House of Delegate member Mike Manypenny, a Democrat, introduced the "Compassionate Use Act for Medical Cannabis" on February 13, 2013. The bill was referred to the Health and Human Resources Committee, where it has not yet even had a public hearing.

Delegate Mike Manypenny

According to Delegate Manypenny in an email response to an inquiry made by the Commentator, he has "several medical professionals willing to speak as expert testimony that are on board, including a leading Oncologist, Neurologist, Emergency Room doctor, and the West Virginia Nurses Association."

In support of the new law, Mannypenny said "it should not matter whether it is a plant or a pill, a doctor should be able to prescribe and/or recommend anything that they feel could benefit their patient." He said there is "overwhelming evidence from research across the country and world showing the benefits of cannabis, along with some of the most recent [research]showing that some cannabinoids kill cancer cells, as well as all of the other evidence that shows it helps people with appetite going under chemotherapy, reducing muscle spasms for Multiple Sclerosis patients, pain control for chronic pain patients, as well as one of the best tools for helping people to get clean from opiate addiction, as well as complimenting opiate medicine reducing the need when used in conjunction with it for pain."

Are medical marijuana stores in the future
for West Virginia residents?

Manypenny said the law he proposed this year "is an updated version of last year's bill, since more States have come on board, along with the taxes on cannabis will be used for treating victims of substance abuse and to promote drug prevention in our schools." 

The proposed law is quite lengthy. It would allow medical practitioners to prescribe marijuana in certain limited quantities to treat "debilitating medical conditions" defined as "cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, Parkinson's disease, post-traumatic stress disorder, depression, anxiety, addiction to opiates or amphetamines or the treatment of these conditions; or a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; or severe and persistent muscle spasms, including, but not limited to, those characteristic of multiple sclerosis; or any other medical condition or its treatment added by the West Virginia Department of Health and Human Resources."

The law further provides that medical practitioners and qualifying patients must register, and facilities providing marijuana must be licensed by the WV DHHR.

As stated in the bill, "the purpose of this bill is to create the 'Compassionate Use Act for Medical Cannabis.' It provides protections for the medical use of cannabis; defines debilitating medical conditions for which medical cannabis may be used; and authorizes the addition of debilitating medical conditions. The bill sets out limitations of this article. It prohibits discrimination against persons entitled to the protection of this article. The bill requires the registration of qualifying patients and designated caregivers and requires issuance of registry identification cards. The bill affords an affirmative defense and dismissal of proceedings for medical marijuana. It provides a misdemeanor offense and criminal penalties for disclosing certain information. And, the bill otherwise provides for enforcement of the provisions of this article."

Medical marijuana certainly has its proponents and opponents. An excellent discussion of the top ten pros and cons of laws like that proposed by Delegate Manypenny can be found at this link:

http://medicalmarijuana.procon.org/view.resource.php?resourceID=000141

The complete proposed "Compassionate Use Act for Medical Cannibis" law can accessed at this link:

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2230%20intr.htm&yr=2013&sesstype=RS&i=2230

Hearings Set in Murder Cases

On Friday, March 22, 2013, at 9:30 a.m., Circuit Judge Jack Alsop is scheduled to conduct a pre-trial hearing in the Hacker Valley triple homicide case.

Among the matters expected to be heard according to motions in the Court file are the admissibility of statements allegedly made by the two defendants, including recorded statements, unrecorded verbal statements, and telephone calls to the 911 communications center. In addition, the State will also be seeking a ruling on the admissibility of items recovered from searches of both the defendants' and victim's vehicles and house. Motions filed by the defendants to suppress and/or limit the introduction of evidence will also likely be heard.

On Monday, April 15, 2013, at 9:00 a.m., Circuit Judge Richard Facemire is scheduled to conduct a status hearing in the Surbaugh homicide case.

It is expected at this hearing that Judge Facemire will set a date for a hearing on pre-trial motions and a trial date.

'Guns-n-Hoses' Charity Basketball Game is this Friday

The fourth annual "Guns-n-Hoses" charity basketball game between Webster County Law Enforcement (the "Guns") and the Webster Springs Fire Department (the "Hoses") is scheduled for Friday, March 22 at the Webster Springs Elementary School gym with tip off at 7:00 p.m., and doors opening to the public at 6:00 p.m.

The game has been a very successful annual fund raising event. The annual games have raised thousands of dollars which have been used to help pay for improvements and other needs for the Webster Springs Elementary Athletic Department.  The event also features a 3-point shootout and 50-50 drawing.

The law enforcement team will be appearing with a new “coach” this year.  Deputy Rick Clayton, who suffered a hand injury while on duty, is sidelined for the game and will be acting as the coach.  Rumor has it that Clayton may be faking the injury because he’s been overheard recently saying he would do just about anything to be the coach.

Richard Rose, of the "Hoses" team, has been working hard on his double-dribble and, according to  a confidential source, now has it perfected. The source went on to say “Rose’s hard work has paid off. He can definitely double-dribble with the best of them. Watching him play ball is like watching a dancer with two left feet.  He’s all over the place.”

The "Guns" have won the first three games of this annual event. Former "Hoses" coach Donnie McCourt (who may not be available to coach this year) informed the Commentator that in accordance with his department's mutual aid agreement with the Cowen Fire Department, the "Hoses" will feature two new players this year, who were recently made honorary volunteer firemen with the Cowen Department. Although McCourt would not disclose the identity of the two new players, the Commentator has received information that the two new players may be none other than Highlander basketball standouts Brett Morris and Hunter Given. McCourt said that he is sick and tired of the "Guns" adding ringers to their lineup "so it's about time we had a few of our own."

As always, a large crowd is expected so come early and get a good seat. The "Guns" will once again be wearing blue and the "Hoses" will be wearing red, so proudly wear your favorite teams’ colors to show your support.

Sunday Morning Crime Update

Kenneth Ray Anderson

UPDATED AT 1:40 P.M. ON MARCH 17, 2013.

According to the West Virginia Regional Jail website, a Cleveland, Webster County man was booked into the Tygart Valley Regional Jail on Saturday on drug and other charges.

Kenneth Ray Anderson, age 40, was arrested for the felony crimes from Webster County of Operating or Attempting to Operate a Clandestine Drug Laboratory, Conspiracy, and Altering Meth Precursors. Anderson was already serving a 30 day jail sentence from Upshur County for the misdemeanor crime of Driving While Suspended, Third Offense. Anderson was serving the 30 day sentence on weekends and when he arrived for this weekend's incarceration period, he was served with the aforementioned felony arrest warrants from Webster County.

According to the criminal complaints filed against Anderson, on March 6, 2013, Corporal Tom Mendez initiated a traffic stop on Anderson in Upshur County. During the traffic stop, Corporal Mendez secured permission from Anderson to search Anderson's Webster County residence in an attempt to locate a fugitive from justice, being one Kevin Lee Gregory. Our prior article on the arrest of Gregory can be found at this link:
http://webstercommentator.blogspot.com/2013/03/virginia-man-arrested-on-fugitive-from.html

The complaint says that Anderson's residence was located in Cleveland, which is the northern part of Webster County near the Upshur County line. Corporal Mendez, along with Sergeant Jerry Dornburg and Senior Trooper Rich, then searched Anderson's residence with his consent and found and arrested Gregory without incident. The complaint further alleges that Dornburg noticed that Gregory had a glove on his hand and was in the process of cooking meth, all of which was in plain view. Dornburg noticed items in Anderson's residence commonly found in "shake and bake" meth labs, including but not limited to camp fuel, lithium batteries, cold packs, tubing, and coffee filters. Dornburg later secured an additional search warrant from Judge Jack Alsop.

On the charges from Webster County, Anderson faces possible prison sentences of not less than one year but not more than five years on the Conspiracy charge, and not less than two years but not more than ten years on the Operating or Attempting to Operate a Clandestine Drug Laboratory charge, and not less than two years but not more than ten years on the Altering Meth Precursor charge. A "clandestine drug laboratory" is defined by law as "any property, real or personal, on or in which a person assembles any chemicals or equipment or combination thereof for the purpose of manufacturing methamphetamine (meth), methylenedioxymethamphetamine or lysergic acid diethylamide (LSD)."

An arrest is not an indication of a person's guilt, but is merely an allegation based on probable cause that a person may have committed an offense.

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.

Confidentiality Surrounds Family Court Cases

I have been asked over the past several months since starting the Commentator as to why I do not report on the Family Court cases over which I preside. 

It is obviously difficult to objectively report on one's self. Nonetheless, with some trepidation, I will try to provide a few answers for the curious.

West Virginia law (see WV Code 48-1-301) and Rule 6 of the Rules of Practice and Procedure for Family Court provides that except for orders entered by the Court, all documents, exhibits, recordings, etc. in the court file of a Family Court case are confidential and can only be accessed by the parties, their attorneys of record, or other persons designated by the Court. Rule 6 also provides that Family Court hearings are not open to the public.

Because of WV Code 48-1-301 and Rule 6, Judges (Family Court and Circuit) are not permitted to publicly discuss the facts of Family Court cases. 

Family Court cases are not public cases like a civil or criminal jury trial and related proceedings where the public can be present. Family Court cases are similar to child abuse and neglect cases, which likewise are not public, and can not be reported on by the press (except for those public opinions from the West Virginia Supreme Court of Appeals).

27th Family Court District

There are 45 Family Court Judges in the State of West Virginia, each elected to eight year terms (last election in 2008). I serve the 27th Family Court District, which includes Webster and Pocahontas counties. I regularly serve each month in Nicholas County for conflict situations involving the Nicholas Family Court Judge. Over the past four plus years I have also been assigned to Braxton, Calhoun, Clay, Fayette, Gilmer, and Roane counties.

Each year, the Supreme Court requires the Circuit Clerks of each county to submit a report on cases disposed of by each Family Court Judge, as well as how many cases are pending in each Judge's county. 

Rule 16 of the West Virginia Trial Court Rules requires that a minimum of 75 percent of all cases in Family Court be at or under the time standards prescribed by the rules. When we began in January, 2009, we inherited from two different outgoing Judges a number of cases already out of compliance with the time standards. Despite this, we still met the 75% threshold, but the numbers for the first six months of 2009 were low compared to the second half of 2009 and the following years.

Since 2009, the Family Courts in both Webster and Pocahontas counties have met this time standard requirement through 2012. In fact, we have well exceeded the time standards. The reports from the Supreme Court show that in our "worst" year since 2009 (in Pocahontas County), we completed 99 percent of our cases within the time standards.

Here is the actual breakdown of the time standard reports by county:

Webster County (year - % of compliance)

2009-80% first 6 months; 95% second 6 months

2010-100%

2011-100%

2012-100%
Pocahontas County (year - % of compliance)

2009-90% first six months; 98% second 6 months

2010-99%

2011-99%

2012-100%

The Webster/Pocahontas District is one of the least busy districts in the State. As such, I would be remiss in my duties not to have such high compliance percentages. Nonetheless, the Supreme Court "judges" the performance of my office by these standards and we strive daily to adhere to the notion that "justice delayed is justice denied."

The types of cases heard in Family Court include, but are not limited to: divorce, child custody, child support, alimony, modifications, contempt actions, name change, minor guardianship actions, paternity, and domestic violence proceedings. 

In the Webster/Pocahontas district, the vast majority of people appear in Family Court without a lawyer. The Supreme Court makes available to the public over the Internet a whole host of Family Court forms and helpful information.

Family Court forms can be accessed at this link:

http://www.courtswv.gov/lower-courts/family-forms/index-family-forms.html

The Family Court forms at the above link include the divorce packets that many folks pay a copying fee to the Circuit Clerk for such forms, when they can be downloaded for free from the above site. The site also has forms for modification and contempt actions, notices of relocation, and parenting plan forms, to name a few. The forms are accompanied by instructions. Neither the Circuit Clerk's office nor the Family Court's office can assist litigants in filling out these forms.

Finally, according to the most recent budget data from the Supreme Court, a total of $316,043.00 was spent on the Family Court for Webster ($293,247.00) and Pocahontas ($22,796.00) counties. Almost two thirds of that total amount went to salaries and other personnel related costs. All of the costs in Pocahontas County were for office rent, telephone, copying, and other related office expenses.

More information about the Family Courts in general, including domestic violence rules and forms, can be accessed at this link:

http://www.courtswv.gov/lower-courts/family-courts.html

Full text of Family Court Rule 6 discussed above can be found at this link:

http://www.courtswv.gov/legal-community/court-rules/Family-Court/Rules1-8.html

Full text of Trial Court Rule 16 discussed above can be found at this link:

http://www.courtswv.gov/legal-community/court-rules/trial-court/chapter-1b.html