Erbacon Arson Update: Man Charged with 5 Felonies

Booking information from the regional jail website for Blake Marshall Collins.

After several months of investigation, the State Fire Marshall's office has now arrested and charged Blake Marshall Collins, age 19, of Erbacon, with five felonies related to a rash of arson fires to unoccupied structures and land in the Erbacon area this year.

Collins is charged with two counts of First Degree Arson and three counts of Sixth Degree Arson. On each First Degree Arson charge, he faces imprisonment of not less than two but not more than 20 years, and on each Sixth Degree Arson charge, he faces imprisonment of not less than one but not more than five years, plus a maximum $5,000.00 fine, plus being liable for double the amount of damages sustained by the landowner.

According to the criminal complaints filed by Assistant State Fire Marshall Z.R. Bailey, on February 29, 2012, a land fire of suspicious origin began on Erbacon Road near the turnoff to the #16 mine, being the property of the Brooks Run Mining Company. Upon investigation, this fire was determined to be an arson. The complaint further states that according to a statement made by Collins to the investigators, he drove Cheyenne Smith to the location, that Smith talked about setting the fire, that Smith then set the fire, and that he knew Collins was going to set the fire. Collins and Smith then apparently left the scene and Collins later returned to the scene as a volunteer firefighter. The complaint further states that the Fire Marshall's office noted that the fire department responded quickly on the call. These actions caused Collins to be charged with Sixth Degree Arson.

On March 11, 2012, a house fire at 290 Hickory Flats Road occurred, being the property of James Salisbury. Both the house and land sustained fire damage, and the Fire Marshall's office determined the same to be an arson. Collins gave a statement that he again drove Smith to the scene and Smith set the fire, and Collins again later returned to the scene as a volunteer firefighter. These actions caused Collins to be charged with First and Sixth Degree Arson.

On August 30, 2012, a house fire at 7337 Erbacon Road occurred, being the property of Virgil "Bill" Radcliff.  Both the house and land sustained fire damage, and the same was determined to be an arson. Collins gave an identical statement that he took Smith to the scene knowing Smith would set the fire, and that he later returned as a volunteer firefighter. These actions caused Collins to be charged with First and Sixth Degree Arson.

Collins is currently incarcerated at the Central Regional Jail. Magistrate John Stone set bail today at $500,000.00.

Our original story on the Erbacon fires can be accessed at this link:

http://webstercommentator.blogspot.com/2012/11/erbacon-arson-investigations-continue.html

Given, Collins Receive Honorable Mention on Class AA All-State Football Team

Hunter Given and Joe Collins of the Webster County Highlanders' football team have received Honorable Mention on the Class AA All-State Football Team as announced today by the West Virginia Sports Writers Association.

Given, a six foot three inch 168 pound senior, played as a wide receiver on offense and as a safety on defense. According to MaxPreps.com, Given caught 22 passes for 436 yards, averaging 19.82 yards per catch, and had 5 touchdowns on the season. He also rushed the ball once for 23 yards. On defense, he had 42 solo tackles and 16 assisted tackles and had 4 interceptions, returning the ball a total of 42 yards. On special teams, Given punted the ball a total of 1,103 yards, averaging 32.44 yards per punt. Given also returned 6 kickoffs for a total of 71 yards.

Collins, a five foot nine inch 160 pound senior, played as a running back on offense and as a cornerback on defense. According to MaxPreps.com, Collins rushed for 532 yards this season, averaging 5.07 yards per carry. He also had 295 receiving yards, averaging 22.69 yards per catch. Collins scored 8 touchdowns and two 2 point conversions. On defense he had 41 solo tackles and 16 assisted tackles. Collins also had 4 interceptions, returning the ball for a total of 110 yards. On kickoff returns, he had 195 yards, averaging 24.38 yards per return.

The Highlander team finished their season with a four win, six loss record. The video below contains a few highlights of Collins and Given during the Pocahontas game this season.

WV Supreme Court Kept Busy with Webster County Child Abuse & Neglect Cases

Pictured in the Court chambers are the members of the West
Virginia Supreme Court of Appeals. The five justices include:
(seated front row from left) Justice Robin Jean Davis, Chief
Justice Menis E. Ketchum and Justice Brent D. Benjamin
(standing from left) Justice Margaret L. Workman, and
Justice Thomas E. McHugh.

This Fall, the West Virginia Supreme Court of Appeals has been busy deciding appeals of five different Webster County child abuse and neglect cases, upholding the Circuit Judge's rulings in all five cases.

Because of the sensitive nature of these cases, the Supreme Court does not reveal the names of the parties involved.

The first two cases, decided November 19, 2012, are actually appeals by two parties (a husband and wife) involved in the same proceeding. This abuse and neglect proceeding began when the biological mother of a child was stopped by police in a traffic stop with the child in the vehicle and was found to have drugs and drug trafficking paraphernalia in the vehicle. This mother previously lost her parental rights to four other biological children she had.

When the child in this case was first born, this biological mother allowed a husband and wife in Florida to take care of the child for about a year. When this abuse and neglect case was filed about eight months after the child returned to the biological mother in West Virginia, the husband and wife asked to intervene, claiming they acted as "psychological parents" to the child (meaning that they assumed the roles of father and mother to the child and the child recognized them as such for a significant period of time). The Circuit Court allowed the husband and wife to intervene in the case.

The Circuit Court allowed the husband and wife visitation with the child but both became involved in drug abuse. "Testimony showed that although petitioner and her husband had once acted as psychological parents to the child, the bond was broken between them." The Circuit Court then terminated the "psychological parent" rights of the husband and wife, and they each then appealed to the West Virginia Supreme Court of Appeals. The Supreme Court upheld the termination.

Cowen attorney Howard Blyler acted as the Guardian ad Litem for the child in this case, and he argued that the husband and wife did nothing to keep their bond with the child in the eight months since the child was back in West Virginia. Blyler supported terminating any rights that the husband and wife may have had. The Supreme Court agreed, stating that even if the husband and wife were psychological parents in the past, they failed to keep in any contact with the child, and any bond was broken. The Court also noted the drug abuse problems and the separation of the husband and wife which occurred since the case began.

The full opinions of these two related cases can be found at the following links:

http://www.courtswv.gov/supreme-court/memo-decisions/fall2012/12-0629memo.pdf
http://www.courtswv.gov/supreme-court/memo-decisions/fall2012/12-0612memo.pdf

The third case upheld by the Supreme Court, also decided November 19, 2012, involved the termination of a mother's rights to her two children. The abuse and neglect case began when the mother and father of the children engaged in domestic violence in the presence of the children and both were involved in substance abuse. The Circuit Court gave both parents "improvement periods." The Circuit Judge then terminated the mother's parental rights when she failed to comply with the terms set out in the improvement period, stating that "there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected."

Howard Blyler also acted as the children's Guardian in this case. He argued that the mother failed to comply with various terms of the improvement period, continued to associate herself with her abusive husband even when counseled not to do so, failed to allow Child Protective Services to view her home, and continued to be involved in drug and alcohol abuse. The Supreme Court agreed with this reasoning in upholding the termination of the mother's rights. "Courts are not required to exhaust every speculative possibility of parental improvement . . . where it appears that the welfare of the children will be seriously threatened," the Supreme Court said.

The full opinion of this third case can be found at this link:

http://www.courtswv.gov/supreme-court/memo-decisions/fall2012/12-0598memo.pdf

In the fourth case, decided October 22, 2012, the mother of a child appealed the Circuit Judge's ruling that she was "an abusive and neglectful parent." Her parental rights were not terminated, and she was granted a one year post-dispositional improvement period.

Entrance to the WV Supreme Court of
Appeals at the Capitol building in
Charleston, West Virginia.

Webster Springs attorney Joyce Morton served as the child's Guardian in this case. She argued that the mother did abuse and/or neglect the child. Morton said that the mother was neglectful by failing to provide a suitable home, failing to supervise her child, permitting the child to live with a known drug and alcohol user (the mother’s boyfriend), and by making inappropriate decisions for the child, and that the mother’s addiction to drugs and alcohol affected her ability to parent.

"Upon a review of the record, this Court does not find the adjudication of Petitioner Mother to be clearly erroneous. She admitted to using drugs the night the child was removed, and admitted to taking a prescription medication that was not hers. Although one positive drug screen was later determined to be a false positive, petitioner’s assessment showed that she was at risk for further drug abuse. Importantly, the adjudication of Petitioner Mother as abusive and neglectful was based on many factors, and was not limited to her drug use. Therefore, we find no error in the circuit court’s adjudication order," the Supreme Court concluded.

The full opinion of this fourth case can be found at this link: http://www.courtswv.gov/supreme-court/memo-decisions/fall2012/12-0031memo.pdf

The fifth case, decided September 24, 2012, involves the termination of a father's custodial rights to a child. This case began with the child's half-sister was born with drugs in her system. The mother had been abusing drugs during the pregnancy. The mother agreed to allow the child and the half-sister to be placed with the maternal grandparents.

When the abuse and neglect case was filed against the mother, the father was incarcerated. He had a lengthy criminal history, including convictions for malicious wounding and for distributing cocaine.  He abused drugs and alcohol, and was found to be in possession of morphine without a prescription while out on home confinement.

"The circuit court found that based on a consideration of all the factors, termination of Petitioner Father’s custodial rights to the child would be in the child’s best interest to timely achieve permanency. However, the circuit court left Petitioner Father the opportunity to later move for post-termination visitation upon his release from incarceration." The child's Guardian, Joyce Morton, supported the termination of custodial rights. The Supreme Court found no error in the Circuit Court's decision.

The full opinion of this fifth case can be found at this link:
http://www.courtswv.gov/supreme-court/memo-decisions/fall2012/12-0581memo.pdf

Court Upholds Forfeiture of Bail Proceeds

On September 24, 2012, the West Virginia Supreme Court of Appeals upheld Judge Jack Alsop's ruling that "A1 Walton's Bonding" be required to forfeit $10,000 for the failure of defendant Delbert Ratliff to appear for court proceedings back in 2011.

Walton's Bonding paid Ratliff's $10,000 bond in connection with Ratliff's felony charges. A hearing was scheduled for January 10, 2011, but Ratliff sent in a letter asking to be excused as he was undergoing medical treatment. The hearing was rescheduled for 10 days later on January 20, 2011, and Ratliff failed to appear. Judge Alsop then issued a bench warrant to arrest Ratliff and take him into custody. A hearing was then set for February 2, 2011 requiring Walton's Bonding to show reasons why the bond they posted for Ratliff should not be forfeited to the State.

Prior to the February 2, 2011 hearing, the West Virginia State Police apprehended Ratliff. Walton's Bonding failed to show up for the February 2, 2011 hearing. As a result, Judge Alsop ordered that Walton's forfeit the bond. Walton's paid the bond to the Court fund but appealed Judge Alsop's ruling.

The Supreme Court rejected Walton's arguments on appeal. Walton's claimed that because Ratliff was apprehended, it did not matter whether police or the bonding company secured his attendance for the hearing. The Court rejected this claim because Walton's made no diligent efforts to find Ratliff. Walton's also complained about procedural errors in that the State never sought to revoke Ratliff's bail nor was the bonding company provided enough notice to attend the hearings. The Court also rejected this claim because Walton's is a professional bonding company and had no excuse for not attending the February 2, 2011 hearing.

The Supreme Court concluded by saying: "Upon examination of these factors, this Court finds no error in the circuit court’s denial of petitioner’s request to remit bond. Petitioner is a professional bond company and admits that it failed to rearrest the defendant. This Court finds no merit in petitioner’s alleged procedural errors and notes that petitioner had actual notice of the show cause hearing, but admits that it chose not to attend. For the foregoing reasons, we affirm the circuit court’s decision."

The full opinion can be found at this link:

http://www.courtswv.gov/supreme-court/memo-decisions/fall2012/11-1468memo.pdf

Buck Kill in Webster Drops from Last Year

Despite good weather in Webster County for the first week of the annual whitetail buck season, the kill numbers were down considerably from last year.

According to preliminary figures just released by the West Virginia Division of Natural Resources, the total buck kill for the two week gun season was 812, down from the 1,063 killed in 2011. This year's 812 bucks killed compares nearly identical to the 807 bucks killed in 2010.  The 2012 and 2010 buck kills are also down from the 901 killed in 2009 and the 887 killed in 2008.

Statewide, the buck kill in 2012 was 56,173, down from the 60,157 killed in 2011, a drop of seven percent.

Highlanders Scalp Warriors 94 to 45 in Season Opener

At the end of the first quarter, the scoreboard read: Webster 28, Pocahontas 1.

Enough said.
The rout was on.

Follow these unique shoes on the basketball court and you will
likely follow part of the success or not of the Highlander team
this season.

The Webster County Highlanders boys' basketball team ran all over the visiting Pocahontas Warriors Monday night at Upperglade, more than doubling their opponents' total by a final score of 94 to 45.

All 13 Webster players scored in the game, with senior guard Brett Morris leading the Highlanders with 15 points, 5 rebounds, 5 assists, and 4 blocked shots, and he accomplished all that by being in the lineup for less than half of the game. Morris was his usual self by playing above the rim and by burning the nets from three point land.

The hapless Warriors were totally outclassed by Webster's talent.  After the game, head coach Jerry Dean was kind, saying Pocahontas is a young team and his players just jumped all over them right from the start. Dean realizes that his team needs improvement, particularly on defense, and it would be a mistake to judge this team on this game alone.

Joining Morris in the starting lineup was senior forward Hunter Given, who had a strong performance with 11 points, 8 rebounds, 3 steals, 2 blocked shots, and 1 assist. Senior guard Lance Stout matched Given with 11 points, and added 3 assists, 3 rebounds, and 2 steals. Junior center Dalton Davis had 8 points, 4 rebounds, 1 steal, and 1 assist. Junior forward Steven Cogar rounded out the starting lineup by tallying 4 points, 1 assist, and 2 steals.

Joining Morris in double figures in scoring was senior guard Tyler Anderson, who came off the bench and smoked four three point shots for his 12 points. Anderson also contributed with 2 rebounds, 1 steal, and 1 assist. Others scoring included: Guy Cowger, 8 points; Joe Collins, 2 points; Jake Thayer, 3 points; Hunter Williams, 7 points; Dave Munzy, 4 points; Logan Taylor, 6 points; and Rick Holcomb, 3 points. As a team, Webster shot 69% from 2 point range and 30% from 3 point range and made only 45% of their free throw attempts.

Even Webster's junior varsity routed the Pocahontas JV team by a score of 72 to 44.

Next up for the Highlanders are the Lumberjacks of Richwood. The game in Richwood is scheduled for Friday, December 14, 2012. Tip off for the JV game is 5:45 p.m. with the varsity tip at 7:30 p.m.

The video below contains a few highlights from the game (at the end of the season, the Commentator will compile more lengthy highlights onto DVD's and Blu-Ray discs):

Hit & Run Driver Damages Visitors Center

The Gallery's window on the left is the same type of window
destroyed by the hit and run driver, which is now covered up
with a temporary wall.

In the early morning hours of Sunday, December 9, 2012, a yet unidentified hit and run driver smashed into the Addison Visitors Center and Gallery on the Main Street side of the building.

In the process of shattering the Gallery's large window and foundation, the driver also destroyed an antique fire hydrant, decorative light pole, outdoor waste basket, and several items which were on sale inside the Gallery. Initial damage estimates exceed $10,000.00. The town of Webster Springs, which owns the building and Gallery, has already constructed a temporary wall to enclose the Gallery.

A large quilt and other goods cover up the inside of the
temporary wall at the Addison Visitors Center.

According to a source close to the investigation, police have a person of interest they will be questioning, although the person (or persons) have not yet been publicly identified. The source also confirmed that police have physical evidence of the hit and run property damage crime. Anyone with additional information can contact the Mayor's office in Webster Springs at (304) 847-5411.