Under present law, a motorist can not be pulled over by police solely for failing to wear a seat belt.
Today, the House of Delegates passed a bill changing that law so that police can pull over motorists solely for failing to wear a seat belt. The bill now goes to the Senate, which in past years has passed such a new seat belt law.
Friday, March 29, 2013
School Consolidation Battle Heating Up
With the public hearings slated in April, 2013 over the proposed school consolidation plan, the battle is heating up on the legal front.
Readers will recall that previously a letter was sent to the Superintendent pointing out legal deficiencies in the prior plan, which was then withdrawn.
Yet another letter pointing out alleged deficiencies in the current plan was sent to the Board recently.
County Commission Met Regarding Budget Crisis
On Tuesday, the Webster County Commission met in a special session at the Webster County Courthouse in Webster Springs (officially known by its legal charter as the town of Addison, named after Addison McLaughlin), West Virginia.
The Commissioners, including elected Commissioners Chuck Armentrout and Jerry Hamrick, along with appointed Commissioner Daniel Dotson, III, met in the Commission's hearing room, at least one Commissioner appearing by telephone, which room is located in the "old" wing of the Courthouse.
The "old wing" of the Courthouse is the larger wing of the Courthouse which contains the old Courtroom on the second floor, and was rebuilt after the fire of 1888 which destroyed the old wooden Courthouse. When one enters the old wing through the front main entrance, the hearing room where the Commissioners met to discuss the budget crisis is the first room to the left (after going up a small flight of stairs).
Usually, the Commission meets just once per month, during the first of the month, in regular session. The Commission within the past month has met three times regarding the budget for the upcoming fiscal year.
The County operates on a fiscal year, which is different than a calendar year. A calendar year runs from January 1 through December 31 while the County's fiscal year runs from July 1 through the following June 30.
The recent budget meetings dealt with the County's budget for the next fiscal year beginning July 1, 2013.
According to several courthouse sources, the Commission imposed an approximate 11 percent cut in the operating budgets of the offices of the various elected officials. In addition, county employees will be paying a part of their health insurance premiums.
Finally, although there are many more details to be reported, at least some county officials are not happy with the budget decisions, and a potential lawsuit may be on the horizon over the proposed budget cuts.
Wednesday, March 27, 2013
Is this the State of Webster County?
After the first of each new year, the President delivers a "State of the Union Address" and the Governor delivers a "State of the State Address."
What would a "State of Webster County Address" sound like? Please note that while the following "address" was not made by any county official, the facts contained in this "address" are real and the supporting data can be accessed by the links at the end of the "address."
My fellow Webster Countians, I am here to report to you on the state of Webster County. And, sadly, the report is not good.
According to the 2010 United States Census, we have 9,154 people living in the county.
Almost 40% (or 3,627) of our residents receive some form of Social Security or Supplemental Security Income (SSI) benefits. Regular "old age" Social Security recipients total 1,900 persons or 20.7% of our residents. SSI recipients total 802 (or 8.8%) of our residents, and Social Security Disability recipients total another 925 (or 10.1%) of our residents residents. Our near 40% rate is well above the statewide average of 28.7% of residents that receive these types of benefits.
Of our 9,154 residents, only 2,550 are employed. These working folks make up only 27.9% of our total number of residents in the County. Another 430 residents who want to be in the workforce are unemployed. We have the second highest unemployment rate in the State at 14.4%.
The news for our children is likewise not good. According to the most recent data, we have 1,493 students in the County. Almost 72% of our school age children are considered to be "low income," qualifying for the free or reduced lunch program. Statewide, only 51.9% of students qualify as such.
Our graduation rate is 81.69%, slightly lower than the statewide average of 84.34%. Our dropout rate for 2012, however, was at 3.2% (those students in grades 7 to 12 who dropped out and did not enroll elsewhere), much higher than the 2012 statewide average of 1.7%. For the past three years, our dropout rate has been higher than the statewide average.
Let me put some of these numbers into perspective. If we subtract from our total number of 9,154 residents the 3,627 Social Security recipients, the 2,550 working folks, the 430 unemployed folks, and our 1,493 students, we have about 1,054 residents unaccounted for by the public statistics. These 1,054 folks either do not work, are not counted on the unemployment roles, do not draw Social Security, and/or are not students.
Some of the 1,054 are obviously less than school age since the latest Census reported that we have 1,974 people under age 18. Subtracting the 1,493 students from the 1,974 under age 18 category leaves us with about 481 less than school age children.
So, if we take those 481 less than school age kids out of the 1,054 unaccounted for folks, we still have a question about who are the 573 residents who just do not show up in any category.
In February, 2013, at least 210 Webster residents received TANF [temporary aid to needy families] benefits from the West Virginia Department of Health and Human Resources. More shockingly, 2,914 residents received food stamps in February, 2013. Food stamp recipients make up 31.8% of our County's residents.
In February, 2013, at least 210 Webster residents received TANF [temporary aid to needy families] benefits from the West Virginia Department of Health and Human Resources. More shockingly, 2,914 residents received food stamps in February, 2013. Food stamp recipients make up 31.8% of our County's residents.
In any event, these numbers do not speak well for the health of our County.
While crime statistics show a decline for the 2009 through 2011 years, it certainly appears that in the latter part of 2012, and certainly thus far in 2013, crime may be increasing, particularly related to the plague of meth users, sellers, and makers.
Compounding our meth problem, high unemployment, high Social Security recipient rate, and sub-par student dropout, graduation, and low income student rates is the fiscal dilemma now faced by the County. We have operated for the past few years on budget deficits now estimated to be anywhere between $800,000.00 and $1.1 million dollars per year.
The bottom line appears to be that we have a nice place to live in Webster County, but little way to make a living to stay here, and little opportunity for our youth.
The state of our County has room for improvement and one would hope it can only go up.
Social Security data for Webster County can be accessed at these links:
The most recent unemployment data for Webster County can be accessed at this link:
The 2010 United States Census data for Webster County can be accessed at this link (chose West Virginia and areas within being counties, select Webster):
The 2012-13 school enrollment data for Webster County can be accessed at this link:
The dropout rates by County can be accessed at this link:
The graduation rates for Webster County and the State, as well as the percent of low income students in Webster County and the State, can be accessed at this link (see left column data):
More information about the crime statistics and the meth problem can be accessed at these links:
Information about our County budget dilemma can be accessed at these links:
http://webstercommentator.blogspot.com/2013/03/county-employeebenefit-cutbacks-likely.html
Webster County TANF benefit statistics can be accessed at this link:
http://wvdhhr.org/oamr/OAMRReports/SFY2013/TANF/TANF_Feb13.htm
Webster County Food Stamp benefit statistics can be accessed at this link:
http://wvdhhr.org/oamr/OAMRReports/SFY2013/FS/FS_Feb13.htm
Webster County TANF benefit statistics can be accessed at this link:
http://wvdhhr.org/oamr/OAMRReports/SFY2013/TANF/TANF_Feb13.htm
Webster County Food Stamp benefit statistics can be accessed at this link:
http://wvdhhr.org/oamr/OAMRReports/SFY2013/FS/FS_Feb13.htm
This article was not posted to tear down the County or its residents, but rather to point out that we have serious problems that need attention by our legislators, local, state, and federal.
Wolverton Drug Case Argued at Supreme Court Today
The appeal of the delivery of drug convictions of Kathyrn Wolverton and her son Davis Wolverton were heard by the Supreme Court of Appeals of West Virginia today.
If the questions and comments made by the Supreme Court Justices to the Wolverton's attorneys are any indication of the potential result, most spectators of the argument would say that the convictions will likely be upheld.
Gassaway lawyer Daniel Grindo, representing Davis Wolverton, was the first to address the five Justices. He attempted to argue that the conviction should be set aside because the Prosecutor knowingly presented false testimony to the jury. Before he was able to fully explain his position, Grindo was interrupted by Chief Justice Brent Benjamin, who asked "was it false testimony or just inconsistent testimony and what is your proof it is false?"
Grindo claimed the Prosecutor admitted it was false. However, as pointed out by Justice Margaret Workman, "how do we know which statement [that the confidential informant made] was false?" Workman, along with Benjamin and Justice Allen Loughry, all commented that the defense attorneys had the full opportunity at the trial to point out the allegedly false statements and to expose the informant's inconsistent and/or false statements. Justice Workman said "this was an issue of credibility for the jury to determine." Loughry asked "how were you prejudiced since you cross-examined [the informant] and exposed before the jury his inconsistencies?"
Several members of the Court took issue with Grindo's characterization of what the Prosecutor said at the trial to Judge Jack Alsop. The trial transcript, as read by Chief Justice Benjamin, did not support Grindo's characterization that the Prosecutor said the informant's testimony was false.
Grindo also argued that the conviction should be set aside because a husband and wife sat on the jury together. Grindo argued that despite the Court's instructions not to discuss the case, it could not be reasonably expected that a husband and wife would not so discuss the case in a multi-day trial.
Chief Justice Benjamin pointed out that West Virginia has a civil case that did not find any problem with a husband and wife sitting on a jury together. The Chief asked Grindo: "Are you aware of any case from any other State or jurisdiction saying that a husband and wife sitting on a jury together is improper?" Grindo answered: "No."
Sutton lawyer Bernard Mauser, representing Kathryn Wolverton, next addressed the Justices. He only argued the issue of the confidential informant's inconsistent or false testimony, and did not raise the husband/wife juror issue.
Mauser did not appear to fare any better with the Justices than did Grindo. Justice Workman noted that "maybe the informant testified falsely at the abuse and neglect proceeding, maybe he testified falsely at the trial, but it's just a jury issue for the jury to judge the credibility of the witness." Not one of the Justices appeared to accept the argument that the Prosecutor knowingly presented false testimony.
Scott Johnson, Senior Assistant Attorney General, represented the State. He argued that the defendant's due process rights were protected in this case because the informant was subject to "withering cross-examination." He argued the jury was well aware of the informant's inconsistent statements and ruled against the Wolverton's anyway.
On the husband/wife juror issue, Johnson noted that other Courts across the nation which addressed the issue did not find fault with having a husband and wife on a jury together. Not one Justice asked any question or made any comment during Johnson's entire argument.
The case has now been submitted for a written decision. Generally, a written opinion is issued within about 60 days of the oral argument.
For more information about the appeals filed by the Wolverton's, please review our prior article by clicking on this link:
Tuesday, March 26, 2013
Oral Arguments Wednesday at Supreme Court in Wolverton Mother, Son Drug Case
On Wednesday, March 27, 2013, the Supreme Court of Appeals of West Virginia will hear oral arguments in the drug conviction cases of Kathyrn Wolverton and her son, Davis Wolverton.
The Wolverton cases are set as the fourth case to be heard on the Court's docket on Wednesday. The Court begins proceedings at 10:00 a.m. and breaks for lunch at Noon, then resumes again at 1:30 p.m. It is possible that the Wolverton case could be heard prior to the lunch hour, but it may also be heard at 1:30 p.m.
For further details on how to listen in on the arguments live over the Internet, and for details about the appeals filed by the Wolverton's, please review our prior article about these cases by clicking on this link:
http://webstercommentator.blogspot.com/2013/02/wv-supreme-court-to-hear-arguments-on.htmlThe link to the Supreme Court's webcast to hear any of the cases on Wednesday is below:
http://www.courtswv.gov/supreme-court/webcast.html
Update on Past Weekend's Meth Arrests
As previously reported, on Friday, March 22, 2013, Amy Lynn Dodrill, age 25, was booked into the Central Regional Jail on several felony charges.
Warrants for Dodrill's arrest were issued on December 6, 2011, but Dodrill could not be located. Recently, Dodrill was arrested in the State of Florida and law enforcement from Webster County traveled to Florida to pick up Dodrill on the outstanding warrants, and she was subsequently arrested and jailed on the Webster County charges. Bail was set at $300,200.00.
According to the criminal complaint filed against Dodrill by State Police Trooper E.E. Bostic, on November 29, 2011, at 11:45 a.m., Bostic and Senior Trooper P.A. Huff received a recorded statement from Donald Short that on November 24, 2011 Short was at Dodrill's residence at 66 Kessler Lane, Webster Springs, and witnessed Matthew Friend in the back bedroom with a gas mask on "gassing" a meth lab from a tube. Short said Dodrill was present and had knowledge of the activity going on at her residence. Short said he saw the active meth lab and smelled the fumes from the active meth lab.
On November 29, 2011, at 1:30 p.m., Huff secured a search warrant for Dodrill's residence from Magistrate Richard Robertson. At 2:45 p.m., Bostic, Corporeal E.L. Loughridge, and West Virginia Parole Officer C. Bright entered Dodrill's residence and located multiple black plastic bags with trash from several meth labs, including pop bottles with meth leftovers, Drano cleaner, dissected lithium batteries, containers of ice packs, empty Coleman fuel, blister packs from Sudafed, and burnt aluminum foil from smoking meth. Sergeant C.D. Kelly advised there were six labs at the residence.
Dodrill has been charged with six felony counts of Conspiracy to Operate or Attempt to Operate a Clandestine Drug Laboratory, as well as misdemeanor Worthless Check crimes.
Also, as previously reported, three persons were booked into the Central Regional Jail early Sunday morning on meth related charges.
Dylan Lee Canada, age 18, Dustin Wade Perrine, age 18, and Samantha Dora Jean Skidmore, age 18, were each charged with the felony crimes of Operating or Attempting to Operate a Clandestine Drug Laboratory and Conspiracy.
According to the criminal complaints filed against the three by State Police Trooper E.E. Bostic, on March 24, 2013, at 12:15 a.m., Bostic and Trooper S.G. Blake located liquid Drano, lithium batteries, Coleman fuel, salt, and coffee filters at 6 Erbacon Road (Circle Brooke Manor Apartments). Bostic received a recorded statement Canada that he, Perrine, and Skidmore gathered the said meth precursors to operate a Clandestine Drug Laboratory and intended on operating said laboratory once they obtained pseudo ephedrine.
Magistrate Robertson set bail for each of the three at $100,000.00 each.
An arrest is not an indication of a person's guilt, but is merely an allegation made by a law enforcement officer based on probable cause that a person may have committed an offense.
Monday, March 25, 2013
General Explanation of How Child Support is Calculated
DISCLAIMER: The information in this article is not intended to provide legal advice, but rather to show in very general terms how child support is calculated in West Virginia. The information provided can not possibly cover every case that comes before a Court. The result in any case is dependent upon the specific facts of that case. Please seek legal advice if you have questions about your case.
Except in rare cases, child support is required to be calculated in West Virginia in accordance with the State's child support guidelines.
Judges use a computerized child support calculator (as shown in the accompanying video) to determine the appropriate amount of child support in an individual case, plugging into the calculator a wide number of factors.
In general, under West Virginia law, child support is determined using the gross incomes of the parents (that is, income before any deductions for taxes, insurances, retirements, etc.). Since gross income is the basic starting point in the calculations, interested parties may wish to click on the following link which fully defines "gross income":
http://www.legis.state.wv.us/WVCODe/ChapterEntire.cfm?chap=48&art=1§ion=228#01
Once the gross incomes of the parents is decided upon, other factors which the Court considers in the calculations include, but are not limited to:
--Which type of custody the parents exercise [e.g., primary or basic custody with one parent and the other parent exercises less than 128 days of custody, extended share custody where each parent exercises at least 128 days of custody each, or split custody where, for example, each parent has primary custody of one of two children].
--The number of children born to the parents.
--Alimony obligation of one parent to the other.
--Other minor dependent children in the custody of a parent.
--Pre-existing child support obligations of a parent.
--Half of average overtime earnings.
--Daycare expenses.
--Health insurance premiums for the subject child/ren.
Once all of these factors are known, the calculator produces a child support amount to be applied in the particular case.
The child support guidelines discussed in this article, which are complex, can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=13#13
Other child support laws of interest can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=11#11
The Bureau for Child Support Enforcement has a general discussion of child support modifications, and that information can be accessed at this link (click on links on left of page):
http://www.wvdhhr.org/bcse/slideshows/changingyourorder/changing_your_order_files/frame.html
Judges use a computerized child support calculator (as shown in the accompanying video) to determine the appropriate amount of child support in an individual case, plugging into the calculator a wide number of factors.
In general, under West Virginia law, child support is determined using the gross incomes of the parents (that is, income before any deductions for taxes, insurances, retirements, etc.). Since gross income is the basic starting point in the calculations, interested parties may wish to click on the following link which fully defines "gross income":
http://www.legis.state.wv.us/WVCODe/ChapterEntire.cfm?chap=48&art=1§ion=228#01
Once the gross incomes of the parents is decided upon, other factors which the Court considers in the calculations include, but are not limited to:
--Which type of custody the parents exercise [e.g., primary or basic custody with one parent and the other parent exercises less than 128 days of custody, extended share custody where each parent exercises at least 128 days of custody each, or split custody where, for example, each parent has primary custody of one of two children].
--The number of children born to the parents.
--Alimony obligation of one parent to the other.
--Other minor dependent children in the custody of a parent.
--Pre-existing child support obligations of a parent.
--Half of average overtime earnings.
--Daycare expenses.
--Health insurance premiums for the subject child/ren.
Once all of these factors are known, the calculator produces a child support amount to be applied in the particular case.
The child support guidelines discussed in this article, which are complex, can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=13#13
Other child support laws of interest can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=11#11
The Bureau for Child Support Enforcement has a general discussion of child support modifications, and that information can be accessed at this link (click on links on left of page):
http://www.wvdhhr.org/bcse/slideshows/changingyourorder/changing_your_order_files/frame.html
WCHS Has Respectable Showing at Bridgeport Track Meet
Ten schools converged on Wayne Jamison Field in Bridgeport on a sunny Saturday (March 23, 2013) for the first ever Connect-Bridgeport.com track meet, with both the Highlander girls' and boys' teams finishing fourth and fifth respectively.
The Bridgeport boys' team finished first, ahead of Fairmont Senior, Morgantown, Lewis County, and the Highlanders. Rounding out the ten boys' teams after Webster were South Harrison, Robert C. Byrd, North Marion, Lincoln, and Liberty Harrison.
The Morgantown girls' team finished first, ahead of Bridgeport, North Marion, and the Lady Highlanders. Behind the Lady Highlanders were Liberty-Harrison, Lincoln, Fairmont Senior, Wayne, Lewis County, and Robert C. Byrd.
The Morgantown girls' team finished first, ahead of Bridgeport, North Marion, and the Lady Highlanders. Behind the Lady Highlanders were Liberty-Harrison, Lincoln, Fairmont Senior, Wayne, Lewis County, and Robert C. Byrd.
Lady Highlander senior Erin Brown was the individual female point leader for the meet. Erin finished second in three events: 200 meter dash, 400 meter dash, and 300 meter hurdles. Erin was part of the girls 4 x 400 meter relay team, which finished third. Erin was joined on the relay team by Ryleigh McCoy, Jasmine McCoy, and Samantha Stout.
Speaking of Stout, the junior Lady Highlander finished first in the 400 meter dash and the 800 meter run.
Ryleigh McCoy finished fourth in the 3,200 meter run.
On the boys' side, senior Joe Collins finished tied for fourth in the 100 meter dash. Collins also finished 2nd out of 20 runners in the 300 meter hurdles. Collins also participated in the 4 x 200 meter relay, finishing 4th out of nine teams, along with Logan Taylor, David Muzny, and Brett Morris. Morris and Muzny finished 13th and 14th out of 28 runners in the 200 meter dash.
Senior Hunter Given finished 8th out of 26 runners in the 800 meter run and 8th out of 28 in the 400 meter dash. Freshman Brettley Harris finished 4th out of 29 runners in the 1,600 meter run. Aaron Kessler finished 6th out of 20 runners in the 3,200 meter run.
Guy Cowger finished 6th in the 110 meter hurdles. Cowger, along with Collins, Muzny, and Tyler Stewart, finished fourth in the 4 x 100 meter shuttle hurdle event. Dalton Miller finished first in the pole vault. Luther Stoots finished 2nd out of 15 competitors in the high jump.
Ryleigh McCoy finished fourth in the 3,200 meter run.
On the boys' side, senior Joe Collins finished tied for fourth in the 100 meter dash. Collins also finished 2nd out of 20 runners in the 300 meter hurdles. Collins also participated in the 4 x 200 meter relay, finishing 4th out of nine teams, along with Logan Taylor, David Muzny, and Brett Morris. Morris and Muzny finished 13th and 14th out of 28 runners in the 200 meter dash.
Guy Cowger finished 6th in the 110 meter hurdles. Cowger, along with Collins, Muzny, and Tyler Stewart, finished fourth in the 4 x 100 meter shuttle hurdle event. Dalton Miller finished first in the pole vault. Luther Stoots finished 2nd out of 15 competitors in the high jump.
The Bridgeport meet was the first meet of the season for the Highlanders.
Sunday, March 24, 2013
Bills Sponsored by Delegate Dana Lynch Vary Widely
With less than a month remaining in the current legislative session, Webster County House of Delegate member Dana Lynch has penned his name as a sponsor to 48 bills still pending for a vote.
Of the 48 bills he sponsored, only five have so far made their way out of legislative committees and are likely to be voted on by the House.
Three bills related to the teachers' and emergency medical services' retirement systems, one bill holding liable any participating public employer owing delinquent retirement contributions, and one bill relating to distribution of state funds to volunteer fire departments are out of their respective committees and will soon be voted on by the full House of Delegates.
Here are some bills of note which are still in committee:
#2535-provides that the State, and not the federal government, would solely be responsible for environmental laws regarding the State's coal and gas industries;
#2589-repeals the section requiring a license to sell drug paraphernalia;
#2602-providing full faith and credit to nonresidents who have permits or licenses to carry handguns in their states;
#2757-to protect the public by providing a private cause of action seeking euthanasia of a dog that has attacked a person and caused damages in an amount of $1,000 or greater or has attacked a person and, within the previous twenty-four months, had engaged in a separate attack;
#2820-prohibiting a person convicted of a sexual offense against a child from being on school property without written permission;
#2866-providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet;
#2887-increasing salaries of county elected officials;
#2953-raising the minimum wage to $8.50 per hour;
#2967-prohibiting the publication of the identities of persons who have been issued licenses to carry a concealed deadly weapon; and
#3019-to clarify the circumstances under which a person may possess certain firearms while afield hunting or engaging in other outdoor recreational activities.
Three bills related to the teachers' and emergency medical services' retirement systems, one bill holding liable any participating public employer owing delinquent retirement contributions, and one bill relating to distribution of state funds to volunteer fire departments are out of their respective committees and will soon be voted on by the full House of Delegates.
Here are some bills of note which are still in committee:
#2535-provides that the State, and not the federal government, would solely be responsible for environmental laws regarding the State's coal and gas industries;
#2589-repeals the section requiring a license to sell drug paraphernalia;
#2602-providing full faith and credit to nonresidents who have permits or licenses to carry handguns in their states;
#2757-to protect the public by providing a private cause of action seeking euthanasia of a dog that has attacked a person and caused damages in an amount of $1,000 or greater or has attacked a person and, within the previous twenty-four months, had engaged in a separate attack;
#2820-prohibiting a person convicted of a sexual offense against a child from being on school property without written permission;
#2866-providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet;
#2887-increasing salaries of county elected officials;
#2953-raising the minimum wage to $8.50 per hour;
#2967-prohibiting the publication of the identities of persons who have been issued licenses to carry a concealed deadly weapon; and
#3019-to clarify the circumstances under which a person may possess certain firearms while afield hunting or engaging in other outdoor recreational activities.
Delegate Lynch can be contacted at:
Capitol Office:
Room 200E-C, Building 1State Capitol Complex
Charleston, WV 25305
Capitol Phone: (304) 340-3916
Home:
176 Woodplant Road
Webster Springs, WV, 26288
Home Phone: (304) 847-7233
Business Phone: (304) 644-1949
For a complete list of the bills sponsored by Delegate Lynch, please click on this link:
2013 Quickly Becoming Year of Meth in Webster County
Barely three months have elapsed in 2013 and the news in Webster County continues to be dominated by arrests, indictments, convictions, sentencing, and termination of parental rights of persons involved with methamphetamine (meth).
Here is the very sad "report card" for the 31 persons involved in meth in Webster County at this point in 2013 (please click on the links following the names for more information):
JANUARY:
Hubert Roy Tanner, arrested:
Ronald James Ward, Kimberly Sue Hinkle, Lester T. Barnhouse, Lisa A. Davis, Scottie L. Thomas, and David D. Myers, all indicted:
Cole Shannon McCourt, convicted by plea:
James Ramsey, convicted by plea:
FEBRUARY:
James Frederick Given, convicted by plea:
Connie J. Hosey, convicted by plea:
Joshua Kevin Cox, arrested:
Mother loses parental rights:
Timothy John Miller, Tracy Lynn McCourt, and Jonathan George McCourt, sentenced:
Alicia Kay Brooks, convicted by plea:
Ora Richard Wisner and Coriana Lyn Christian, arrested:
Howard Junior Fisher and Thomas Odell McIe, arrested:
--see also: http://webstercommentator.blogspot.com/2013/02/more-details-provided-on-weekend-meth.html
Brittany Nicole Clayton and Brian Allen Clayton, arrested:
--see also: http://webstercommentator.blogspot.com/2013/02/more-details-provided-on-weekend-meth.html
MARCH:
Father loses parental rights:
Kenneth Ray Anderson, arrested:
Kevin Lee Gregory, arrested:
Burton Wendell McCourt, arrested:
Amy Lynn Dodrill, arrested:
Dylan L. Canada, Dustin W. Perrine, and Samantha D.J. Skidmore, arrested:
Sadly, as if this list was not long enough already, there still remains one more week in March, and nine more months in 2013.
Trio of 18 Year Olds Arrested on Drug Charges
Three 18 year old Webster County residents were booked into the Central Regional Jail at 2:55 a.m. Sunday morning on felony drug charges.
Dylan Lee Canada, age 18, Dustin Wade Perrine, age 18, and Samantha Dora Jean Skidmore, age 18, were each charged with the felony crimes of Operating or Attempting to Operate a Clandestine Drug Laboratory and Conspiracy.
According to information contained on the criminal complaints filed against the three, the West Virginia State Police received a tip that meth was being made at the Circle Brooke Manor Apartments in Cowen. After receiving permission to enter and search an apartment, police found items commonly used to make meth, and the complaint alleges that all three defendants admitted to purchasing some of the meth ingredients with the intent to make meth.
Magistrate Richard Robertson set bail at $100,000.00 for each of the three defendants.
If convicted, each faces a prison term of not less than two but not more than ten years of the Drug Lab charge and not less than one but not more than five years on the Conspiracy charge.
Magistrate Richard Robertson set bail at $100,000.00 for each of the three defendants.
If convicted, each faces a prison term of not less than two but not more than ten years of the Drug Lab charge and not less than one but not more than five years on the Conspiracy charge.
An arrest is not an indication of a person's guilt, but is merely an allegation made by a law enforcement officer based on probable cause that a person may have committed an offense.
Saturday, March 23, 2013
Cops Shoot Down Firemen Again
Before a modest crowd at the Webster Springs Elementary School gym Friday evening, the accurate fourth quarter shooting of the Guns doomed the Hoses to their fourth consecutive defeat in the annual Guns-n-Hoses charity basketball game by a score of 66 to 59.
For the better part of three quarters of play, the Hoses (the Webster Springs Fire Department) appeared to be on the verge of breaking the three game win streak by the Guns (local and non-local law enforcement). The Hoses came out like a five alarm fire in the first quarter to take an early 7 to 0 lead before the Guns arrested the Hoses' momentum. The first quarter ended with the Hoses leading 16 to 13.
Three point shooting by several Hoses' players, including Jeffery "Bebo" Lyke and Richard Rose, helped the Hoses increase their lead to as many as 12 points in the second quarter before the Guns put the handcuffs on the shooting hands of the Hoses. The Hoses maintained a 31 to 26 lead at halftime.
In the third quarter, the Hoses could not suppress the continued comeback efforts of the Guns. The third quarter ended with the Guns leading 44 to 43.
The Guns pulled out all of their ammunition in the fourth quarter, shooting down any chance that the Hoses might win. The Guns outscored the Hoses 22 to 16 to take into custody their fourth consecutive win over the Hoses.
The game's two high scorers were Lyke for the Hoses and Deputy Sheriff Jeffrey Hayhurst for the Guns.
Webster County Unemployment Rate Dips Slightly
The unemployment rate for Webster County dropped slightly to 14.4% for the month of February, 2013, down from January's rate of 14.6%.
Webster County had the second highest unemployment rate in the State. Clay County's rate of 17 % was highest. Other counties with rates in excess of 12 percent included: Calhoun, 14.3%; Wirt, 14.1%; Roane, 13.2%; Grant, 12.5%; and Mason, 12.2%. Counties with unemployment rates less than six percent included Jefferson, 5.1%, and Monongalia, 4.9%.
The state-wide unemployment rate also dropped slightly to 7.3% in February, down from January's 7.4%.
Pre-Trial Hearing Held in Triple Homicide Case
On Friday morning, Judge Jack Alsop held a pre-trial hearing in the Hacker Valley triple homicide case.
Among the rulings made by Judge Alsop were the following:
- As both of the defendants stipulated to certain evidence gathered by the State during its investigation of the case, the State will be able to present at trial the various statements made by the defendants, including 911 calls made by the female defendant, recorded statements made by both defendants to police, and certain other verbal statements made by the defendants.
- As a result of the stipulation (meaning the defendants did not object), evidence gathered by police at the scene of the crime as a result of searches conducted at the victims' and defendants' residences and vehicles will be admissible.
- The female defendant's motion to dismiss the indictment claiming that she was not properly charged was denied.
- The defendants' motion to dismiss the case based on a claim that the State was late in providing discovery of its evidence was denied.
Trial of the two alleged murder defendants is set to begin on April 23, 2013. For a full listing of all of the charges against the defendants, please click on this link:
Saturday Morning Crime Update
According to the Regional Jail website, Amy Lynn Dodrill, age 25, was booked into the Central Regional Jail on Friday, March 22, 2013, on felony charges of Operating or Attempting to Operate a Clandestine Drug Laboratory and Conspiracy, and a misdemeanor charge of Worthless Checks.
The penalty for a conviction on the Drug Lab charge includes a prison term of not less than two but not more than ten years and on the Conspiracy charge a prison term of not less than one but not more than five years.
Bail on all charges was set at $300,200.00. This article will be updated when additional details are known.
Bail on all charges was set at $300,200.00. This article will be updated when additional details are known.
Friday, March 22, 2013
Brett Morris Adds Another First to WCHS Record Books
Webster County High School senior Brett Morris holds just about every basketball record imaginable.
Today, Morris expanded the record book yet again when the West Virginia Sports Writers Association selected him for the second year in a row to be on the first team Class AA all-state basketball team. On top of that, he was honored with the distinction of being named the captain of the team.
Contacted today, Morris said "this is probably the number one thing I've accomplished this far! This is a great honor I don't think I would trade it for anything."
Contacted today, Morris said "this is probably the number one thing I've accomplished this far! This is a great honor I don't think I would trade it for anything."
In the past two years, Morris helped his Highlander team post a combined record of 41 wins and 7 losses, with one Regional and two Sectional Championship titles. Morris was selected to the first team all-state Class AA squad last year, a first in the school's history.
Morris is the all-time leading scorer in Highlander history, having started every game since his freshman year. He broke the 1,000 point plateau in his last regular season game of the 2011-12 season and easily eclipsed the all-time scoring record (boys and girls teams) this season against Pikeview. Also, this past season, against the then 10th ranked Roane County Raiders, Brett scorched the nets with the all-time single game scoring record of 49 points.
Brett led the Highlanders this past season in all statistical categories, which included 25.9 points, 9.4 rebounds, 4.8 assists, 2.5 steals and 4.6 blocks per game. One other statistic that is not necessarily carried on the records books is this: Of the 23 games played this year, Brett controlled the opening tip off for his team in 21 of the 23 games.
Throughout this past season, Morris has been highly recruited by a number of colleges, including West Virginia Wesleyan, Davis & Elkins, Glenville State, Randolph, and Marietta to name a few. Brett said he is still undecided about a college, but is leaning toward Fairmont, Davis & Elkins, or Wesleyan.
Throughout this past season, Morris has been highly recruited by a number of colleges, including West Virginia Wesleyan, Davis & Elkins, Glenville State, Randolph, and Marietta to name a few. Brett said he is still undecided about a college, but is leaning toward Fairmont, Davis & Elkins, or Wesleyan.
Last year, when Brett was selected to the first team, we printed this article:
Webster County Highlanders' junior guard Brett Morris was recently named by the West Virginia Sports Writers Association to the first team of the Class AA all-state basketball team.
Morris was the third leading scorer in the state in Class AA, averaging 23.8 points per game. He also averaged 9.1 rebounds, 4.2 assists, 4.1 blocked shots, and 2.5 steals per game.
In the history of the Webster County High School, Morris is the first member of the boys' basketball team to earn first team all-state honors.
Morris was contacted about what this honor means to him. "It means a lot to me and it shows that anyone from any small area can do it if they just keep working," he said. Morris attributed his personal success "to my parents for taking me all over the country to play and the rest is on God."
To obtain the first team selection, Morris said he "worked hard all season and last off season. It just shows you that hard work pays off."
According to an article by the Associated Press in the Charleston Gazette, "Morris was one of the best-kept secrets in West Virginia" as he led the Highlanders to the State Tournament.
When reached for comment about Brett's selection, head coach Jerry Dean said that he was quoted at the beginning of the basketball season with the same belief that Morris is a best-kept secret, at least to those outside of the local area.
Dean was "elated" about Morris making the first team, stating it was well deserved. "Overall, he is a great kid to coach, with a lot of insight about the game, and he is like another coach out on the court."
"Aside from his scoring, Brett delivers the ball well, has great presence on the court, and is a good leader. Even when other teams design their defenses to stop him, Brett figures it out in different ways, and in doing so helps make his teammates play even better," Dean added.
Contacted separately, assistant coach Eddie Mazzella echoed many of Dean's comments.
"Brett is as good a defensive player as he is on offense. He is always asking questions, always suggesting things during games even before we coaches do, and he is like another coach on the floor," Mazzella said.
Mazzella noted that in addition to his all-state selection, Morris was named to the first team All-Coalfield Conference. Webster is one of 13 teams in the Coalfield Conference.
Junior Hunter Given was named to the second team All-Coalfield Conference, and seniors Andrew White and Chris Miller were named to the Honorable Mention list.
Morris was joined on the all-state first team by Shady Spring junior Chase Connor. Connor led the state in scoring at 28.3 points per game. Tug Valley, Webster's opponent at the State Tournament, landed two players on the first team: senior Mason Pack and junior Mikey Newsome.
Rounding out the first team were Bluefield's Anthony Eades, Wyoming East's Marcus Schofield, Tolsia's Jacob Copley, and Magnolia's Mark Winters.
Thursday, March 21, 2013
ATV Ride Lands Man in Jail
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| Danny Jay Rowan |
As previously reported, a Camden on Gauley man was arrested on Driving on a Revoked License for DUI, Third Offense and booked into the Central Regional Jail on March 19, 2013.
Danny Jay Rowan, age 48, of 310 Coon Creek Road, Camden on Gauley, was charged with the felony crime of Driving Revoked for DUI, Third Offense in a criminal complaint filed by Sergeant Timothy L. White of the West Virginia Division of Natural Resources. Rowan remains incarcerated as of March 21, and his bail was set at $25,000.00.
According to the criminal complaint, on March 19, White saw Rowan operating an All Terrain Vehicle (ATV) on a public highway, being Gauley Mills Road, Route 48/2, which is a center-lined road upon which operation of an ATV is illegal. While White was traveling north on Route 20, he observed Rowan cross Route 20 onto an alley in Camden on Gauley and turned onto Coon Creek Road, Route 44/8, headed northwest toward Cowen.
The complaint further alleges that White caught up with Rowan, who was operating a green 1993 Honda ATV, when White activated his warning lights and Rowan stopped the ATV at his 310 Coon Creek Road residence. The complaints says Rowan advised White that his driver's license was suspended or revoked for DUI. White alleges that a check of Rowan's record revealed that Rowan has a first offense Driving While Revoked for DUI conviction on August 5, 2008, and a second offense Driving While Revoked for DUI conviction on September 9, 2010.
If convicted of this third offense, which is a felony, Rowan faces a prison sentence of not less than one year nor more than three years and, in addition to the mandatory prison sentence, shall be fined not less than three thousand dollars nor more than five thousand dollars. An arrest is not an indication of a person's guilt, but is merely a charge filed by an officer based on probable cause that a person may have committed a crime.
In several cases from the West Virginia Supreme Court of Appeals, the operation of an ATV upon a public highway qualifies as the operation of a "motor vehicle" for purposes of DUI and Driving Revoked laws. The Court has even decided that operation of a lawn mower on a public highway would also qualify.
Our earlier article on this arrest can be accessed at this link:
http://webstercommentator.blogspot.com/2013/03/driving-revoked-for-dui-lands-man-in.html
Diana Man Charged with Felony Conspiracy Charge
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| Burton Wendell McCourt |
Earlier this week, a Diana man was charged with a felony Conspiracy charge in connection with meth labs allegedly operated by Ora Wisner on February 14, 2013.
Burton Wendell McCourt, age 20, of 136 Shady Creek Road in Diana, was charged with the felony crime of Conspiracy in a criminal complaint filed by West Virginia State Trooper S.G. Blake. McCourt voluntarily surrendered and appeared before a Magistrate, where he was arraigned on the charge and subsequently posted bail.
According to the criminal complaint, on February 14, 2013, Trooper Blake, along with Webster County Deputy Sheriff Rick Clayton and members of the Webster Springs and Cowen Police Departments, were assisting Child Protective Services' worker Charles Myers in reference to possible drug activity at McCourt's residence. The complaint states that multiple meth labs were found in and around McCourt's residence.
Upon searching McCourt, officers allegedly found a coffee filter (an item commonly used in the manufacture of meth) in McCourt's wallet. McCourt allegedly advised the officers that Wisner gave him the filter to keep. The complaint says McCourt admitted to purchasing pseudo ephedrine for other unnamed individuals, while knowing the purpose of the pseudo ephedrine was to manufacture meth. Sergeant L.C. Carpenter obtained a confession from Wisner in which Wisner allegedly admitted to making meth at McCourt's residence.
McCourt was also arrested on February 14, 2013 for the misdemeanor crimes of Possession of Marijuana and Possession of Hydrocodone. Coriana Lyn Christian was also arrested on felony charges along with Wisner on February 14, 2013. For our prior story on the previous arrests of McCourt, Wisner, and Christian, please click on this link:
If convicted of the felony Conspiracy charge, McCourt faces a prison sentence of not less than one but not more than five years. An arrest is not an indication of a person's guilt, but is merely a formal charge that an officer had probable cause to believe a person may have committed a crime.
More Charges Filed Against Fugitive From Justice
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| Kevin Lee Gregory |
A Fredericksburg, Virginia man who was arrested in Webster County on March 6, 2013 on a Fugitive from Justice warrant was charged today with 12 additional felony crimes.
Kevin Lee Gregory, age 42, was charged with seven counts of Operating or Attempting to Operate a Clandestine Drug Laboratory, Altering Meth Precursors, Possession of a Controlled Substance with Intent to Deliver, Conspiracy, Failure to Register as a Sex Offender, and Convicted Felon in Possession of a Firearm. Magistrate Richard Robertson set bail on these charges in the amount of $475,000.00.
According to the criminal complaints filed against Gregory by Sergeant Gerry Dornburg, on March 6, 2013, Dornburg received information that the accused was staying in a residence at 2514 Cleveland Road, Cleveland, Webster County, WV. Dornburg, along with assisting officers, entered the residence with the permission of the owner Kenneth Anderson, to apprehend Gregory who is a fugitive from justice for failure to register as a sex offender. While clearing the residence for officer safety, Gregory was located in a utility room and appeared to be hiding behind a clothes dryer and was also engaged in actively operating a clandestine drug lab.
The criminal complaint further states that Gregory was taken into custody and the active drug lab was seized. In plain view, officers saw what appeared to be two other drug labs and many of the precursors used to aid in the manufacture of drugs. Located on the bed of the accused was a loaded shotgun with a modified barrel length. Gregory is a convicted felon from Virginia prohibited from possessing firearms. Dornburg received a statement from Hubert Gregory, father of Kevin Gregory, that Kenneth Anderson was manufacturing drugs even before Kevin Gregory moved into the residence with Anderson. Upon the execution of a search warrant, Dornburg found four additional drug labs in the residence.
Our prior article on Gregory's arrest on the Fugitive from Justice warrant can be accessed at this link:
http://webstercommentator.blogspot.com/2013/03/virginia-man-arrested-on-fugitive-from.html
Surbaugh Remains Incarcerated Despite Grant of Bail
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| Julia Surbaugh |
Despite being granted bail on February 19, 2013, alleged murder defendant Julia Surbaugh remains incarcerated at the Central Regional Jail.
Circuit Judge Richard Facemire set bail at $130,000.00 and if it was posted then Surbaugh was to be placed on home confinement. As of March 21, Surbaugh has yet to post the bail. On Monday, April 15, 2013, at 9:00 a.m., Judge Facemire is scheduled to conduct a status hearing Surbaugh's case.
Our prior story on the grant of bail to Surbaugh can be accessed at this link:
Jail Bill Declines for February
For the first time in four months, the County's bill for Webster inmates housed in the Regional Jail declined.
For February, 2013, Webster County was billed a total of $44,017.60, for an average daily cost of $1,572.06. Even considering that February had 28 days compared to other months, the bill was a marked decline from the prior three months. The bills for November, December, and January were $55,192.80, $57,828.00, and $55,778.40 respectively.
Of the total February bill, $37,185.62 or 84.5% was for felony offenses and $6,832.00 or 15.5% was for misdemeanor offenses. In February, there were 36 inmates held on felony charges, and 22 of those 36 (or 61.11%) were held on drug related charges.
Wednesday, March 20, 2013
Vernal Equinox Captured by Local Photographer
Local photographer Thomas R. Fletcher of Cowen captured this image at Glade View at the very moment of the Vernal Equinox, 7:02 AM EST March 20, 2013. The image was “retweeted” by CNN’s Christine Romans earlier today [photo courtesy of Thomas R. Fletcher].
An equinox occurs twice a year (around 20 March and 22 September), when the tilt of the Earth's axis is inclined neither away from nor towards the Sun, the center of the Sun being in the same plane as the Earth's equator. The term equinox can also be used in a broader sense, meaning the date when such a passage happens. The name "equinox" is derived from the Latin aequus (equal) and nox (night), because around the equinox, night and day are about equal length. The "vernal equinox" occurs in the Spring.
Fletcher's contact information is as follows:
PROSE & PHOTOS
Thomas R. & Deborah A. Fletcher
Mail: PO Box 799
Courier: 66 Prince Glade Road
Cowen, WV 26206
Web: www.proseandphotos.com
http://thomas-r-fletcher.artistwebsites.com/
E-mail: info@proseandphotos.com
Syndicated Features, Stock Photo Library
'Guardian George' Got It Right
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| 'Guardian George' told us on February 2 that there would be six more weeks of Winter. He was right. |
While a lot of folks on the East Coast are complaining about the failures of certain famous groundhog predictions, we are pleased to report that the groundhog here in Webster County known as "Guardian George" got it right.
Readers will recall on February 2, 2013 (Groundhog Day), that Guardian George clearly saw his shadow (see photo), signifying six more weeks of Winter. Now that Spring has officially arrived at least on the calendar, a check of statistics from the National Weather Services shows that temperatures for Webster County were well below normal temperatures for over 90% of the last six weeks.
Both the more famous Pennsylvania's Punxsutawney Phil and West Virginia's French Creek Freddie said we would have an early Spring as neither of those groundhogs saw their shadow. They could not have been more wrong, particularly given the continued cold snap this week.
Our prior story on Guardian George can be accessed at this link:
Tuesday, March 19, 2013
Medical Marijuana Bill Failed in Committee Vote; Reintroduced with Additional Sponsors
The Health and Human Resources Committee of the West Virginia House of Delegates overwhelmingly rejected the proposed medical marijuana law introduced by Taylor County Delegate Mike Manypenny, a Democrat, which was the subject of our recent article in the Commentator.The bill (actually defeated in late February, 2013) was introduced by Manypenny by him alone. After the Committee's rejection of the bill, Manypenny as lead sponsor, and nine other Delegates, re-introduced the proposed medical marijuana law on Tuesday, March 19, 2013, and it again has been assigned to the same Committee for consideration.
Our prior article on the proposed law can be accessed at this link:
http://webstercommentator.blogspot.com/2013/03/compassionate-use-of-medical-marijuana.html
The re-introduced law can be accessed at this link:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2961%20intr.htm&yr=2013&sesstype=RS&i=2961
The re-introduced law can be accessed at this link:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2961%20intr.htm&yr=2013&sesstype=RS&i=2961
Controversy Brewing Over Guns-n-Hoses Game Friday
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| Brett Morris, after being "deputized" to play for the Guns basketball team. |
It appears that the 4th Annual Guns-n-Hoses charity basketball game scheduled for this Friday is already embroiled in a heated controversy between the Webster Springs Fire Department (the "Hoses") and local law enforcement (the "Guns").
As previously reported by the Commentator, the Hoses had planned to add a couple "ringers" to their team to counter the ringer-laden Guns' team. It now appears that one of those ringers, Highlander basketball standout Brett Morris, may have been recruited to play for the Guns. During a practice session Tuesday evening near Cowen, Morris was "deputized" as a reserve deputy by local law enforcement and will now be playing for the Guns, and not the Hoses. This will obviously be a serious blow to the Hoses' chances this Friday to break the three game winning streak by the Guns.
The game will be played at the Webster Springs Elementary School gym on Friday, March 22, with tip off at 7:00 p.m. and doors opening at 6:00 p.m. All proceeds benefit the Webster Springs Athletic program.
Driving Revoked for DUI Lands Man in Jail
According to the Regional Jail website, at 5:40 p.m. on Tuesday, March 19, 2013, a man was booked into the Central Regional Jail on a Webster County felony charge of Driving While Revoked for DUI, Third or Subsequent Offense.
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| Danny Jay Rowan |
Danny Jay Rowan, age 48, was charged with the felony and granted a $25,000.00 bail, which has not been posted as of 7:30 p.m. on March 19. The penalty for this felony is contained in West Virginia Code §17B-4-3. It states that:
(b) Any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege to do so has been lawfully revoked for driving under the influence of alcohol, controlled substances or other drugs, or any combination thereof, or for driving while having an alcoholic concentration in his or her blood of eight hundredths of one percent or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, is, ... for the third or any subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than three years and, in addition to the mandatory prison sentence, shall be fined not less than three thousand dollars nor more than five thousand dollars.
This article will be updated when more specifics of the criminal complaint filed against Rowan are known. An arrest is not an indication of a person's guilt but merely a charge filed by a law enforcement officer who had probable cause to believe that a person may have committed a crime.
Monday, March 18, 2013
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
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| 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.
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| 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."
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| 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:
The complete proposed "Compassionate Use Act for Medical Cannibis" law can accessed at this link:
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, March 17, 2013
Sunday Morning Crime Update
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| 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.
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, March 16, 2013
Saturday Morning Crime Update
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| 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.
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.
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| 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.
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