An Answer to That Nagging Jail Bill Question

Anyone who has read the front page of this week's local newspaper will notice the headline: "If crime is down, why is the jail bill out of control?"

The local paper raises an excellent question. The Commentator has posted several articles which effectively answers that question, and with the facts to back up the conclusions reached in those articles.

Let us examine two issues related to the question raised by the local paper.

First, is the jail bill is bankrupting the County's budget?

From 2008 to 2012, spending by the Webster County Commission increased by $1,192,276.14. Here are the plain facts as to what caused that huge spending increase: 64.2% of that $1.192 million dollar increase came from increased expenditures for employee related expenses, such as higher salaries, taxes, retirement, and insurance costs. Only 27.9% of the increase in spending was due to the higher Regional Jail bill. Other spending by the Commission amounted to 7.9% of the spending increase.

So, is it fair for anyone to claim that the jail bill is bankrupting the County? No, the facts say that the jail bill is responsible for 27.9% of the spending increase, but the vast majority of the County's budget problem lies with the 64.2% increase in employee related spending.

What else has caused the County to be facing (for at least the third year in a row) an $800,000.00 to $1,100,000.00 budget deficit? The answer is a decline in revenues, particularly the decline in coal severance revenues. So, again, is it fair to say that the jail bill is bankrupting the County? The facts say No. The decline in revenues and the increase in employee related and other spending are the main culprits, and the increased jail bill is responsible for only 27.9% of the problem.

Second, is crime up or down in the County?

According to the most recent available crime statistics, crime is down. Our prior article could not address the past year since those statistics are not yet available. It is very possible that we have experienced an increase in crime but we do not have the statistics to verify that one way or the other.

So, why is the jail bill out of control if crime is down? The Magistrates would suggest, and the facts available seem to back them up on this claim, that they have set high bail amounts keeping more people in jail and not out on the streets committing more crime. Further, their actions could be argued to be a deterrent to folks thinking about committing crime in the County. The Commentator regularly works in the Court system in Nicholas County, and Deputy Sheriffs have half jokingly and half seriously stated that they believe the Webster Magistrates are responsible for an increase in crime in Nicholas County because more people are crossing the county line to commit crime in Nicholas rather than face the wrath of the Webster Magistrates should they get caught in Webster.

By setting high bail amounts, the Webster Magistrates have increased the County's jail bill. In fact, they have more than doubled the jail bill as compared to when the prior Magistrates were in office. But the County budget facts discussed above and in our extensive prior articles support the conclusion that the jail bill is NOT bankrupting the County; other spending accounts for more than 72% of the spending increase over the past four years.

Our prior crime statistic article can be accessed at this link:
http://webstercommentator.blogspot.com/2013/01/crime-rate-declines-considerably-in.html
Please review the facts contained in our prior articles on the County's budget at this link:
http://webstercommentator.blogspot.com/2012/11/more-analysis-of-webster-countys.html

School Board Sets Hearing Dates on Consolidation Plan

At its meeting Wednesday evening, the Webster County Board of Education unanimously voted to proceed with the steps necessary to approve Superintendent Martha Dean's school consolidation plan.

On April 16, 2013, at 6:00 p.m., the Board may consider final approval of the plan which closes the Diana Elementary and Glade Middle schools and sends the County's 7th and 8th grade students (except for Hacker Valley) to the high school. Before likely voting on the plan on April 16, the Board is required to conduct public hearings on the plan at the affected schools. Those public hearing dates include: Diana, April 8 at 6:00 p.m. (alternate date April 15); Webster Springs, April 10 at 6:00 p.m. (alternate date April 17); Webster County High School, April 11 at 6:00 p.m. (alternate date April 18); Glade Middle, April 12 at 6:00 p.m. (alternate date April 19); and Glade Elementary, April 12 at 7:00 p.m. (alternate date April 19).

There is no public meeting scheduled for Hacker Valley Elementary even though the consolidation plan has obvious effects on that school. Superintendent Dean acknowledged in the past that Hacker Valley could be affected because some Diana students may be given the option to attend Hacker Valley and Hacker Valley's 7th and 8th grade students will not have the same opportunity to attend the high school as the County's other 7th and 8th graders. Opponents of the consolidation plan are considering the legal ramifications of this omission as well as closely examining the closing documents to determine if they comply with State law. 

Disruption at Cowen GoMart Lands Man in Jail

David Allen Boggs

CAUTION: THIS ARTICLE CONTAINS PROFANITY AS CONTAINED IN THE CRIMINAL COMPLAINT

As previously reported, David Allen Boggs, age 49, was arrested on misdemeanor charges of assault, trespassing, and disorderly conduct on February 20, 2013.

According to the criminal complaint filed against Boggs by Cowen Patrolman B.H. Elkins, at about 10:30 p.m. on February 20, 2013, Boggs was at the Cowen GoMart. He was asked to leave the property by a GoMart employee.

Boggs was told to leave because the manager did not want people hanging out in the store. The complaint then alleges that Boggs told the employee "I will knock that fucking bitch in the head." He then followed the employee around the store and made another obscene remark.

Boggs allegedly said "Are you not afraid of me being behind you?" When the employee said "No," Boggs then allegedly said "I will knock you in the head you fucking fat bitch. I carry a gun and I am not afraid to use it," the complaint concludes.

Boggs was incarcerated at the Central Regional Jail upon his arrest but has since posted the bail of $3,700.00 set by Magistrate Rich Robertson.

A criminal complaint is not evidence of guilt, but is a mere allegation of wrongdoing and is the document by which a person is charged with a crime.

Camden on Gauley Man Charged with 8 Felonies and 14 Misdemeanors over Threats with Gun

On February 22, 2013, the West Virginia State Police arrested a Camden on Gauley man on several felony and misdemeanor charges that stemmed from a December 23, 2012 altercation where the man allegedly pointed a loaded gun at seven people.

Frederick Junior Hinkle, age 54, was charged by State Police Sergeant L.C. Carpenter with seven felony counts of Wanton Endangerment, one felony count of Prohibited Person Possessing Firearms, seven misdemeanor counts of Brandishing, and seven misdemeanor counts of Assault. Hinkle posted bail and is currently awaiting a preliminary hearing on the felony charges in Magistrate Court.

According to the criminal complaints filed against Hinkle by Sergeant Carpenter, Hinkle allegedly on December 23, 2012 went to a residence where Marjie Bragg (Williams), Zerkle Bragg, Cora Sue Willaims, James Williams, Steven Short, Floyd Bragg, and Shawn Bragg were present. The complaint alleges that Hinkle pointed a .22 caliber pistol at Marjie Bragg while she was standing in the doorway of her residence, and the other six persons were in the residence behind her. 

The complaint further alleges that Hinkle threatened to shoot Mrs. Bragg and Mrs. Williams. Hinkle had two firearms: the .22 pistol and a .410 shotgun with the butt of the gun cut off and the barrel shortened. Sergeant Carpenter further states in the complaint that Hinkle is prohibited from possessing firearms because of his 1998 conviction for Unlawful Wounding out of Nicholas County. The complaint concludes by stating that Hinkle admitted possessing the firearms and that he knew it was unlawful for him to possess a firearm.

A criminal complaint is not evidence of guilt, but is a mere allegation of wrongdoing and is the document by which a person is charged with a crime.

Webster to Host Sectional Championship Friday Against Ritchie County after Easy Playoff Win over Braxton

Led by senior Hunter Given's 24 points, the Highlanders easily dispatched the visiting Braxton County Eagles 66 to 41 in an opening round sectional playoff game Tuesday evening to advance to the Sectional Championship.

Webster will now host the Ritchie County Rebels Friday at 7:00 p.m. The Rebels defeated Roane County Tuesday evening 58 to 54. With their win, Ritchie County now sports an 18 win, 5 loss record. The Rebels are ranked 10th in Class AA by the Associated Press poll.

The 8th ranked Highlanders opened the game with Braxton County on a quick 4 to 0 start. Braxton fought back, helped by senior Brett Morris sitting on the bench with two quick fouls, and the Eagles led Webster 14 to 12 at the end of the first quarter. Needless to say, many of the Highlander faithful were on edge.

Webster County High School Cheerleaders: (front, l. to r.)

Summer Rose, Marissa Fleming, Jasmine McCoy, 

Esstay Boggs, and Allison Walters; (back, l. to r.) 

Chelsea Dean, Chelsie Jordan, Rebekah Hardway, 

Katie Hollandsworth, Joy Bean, and Alyssa Tharp.

The Highlanders owned the second quarter, primarily behind the hot shooting of Given. Head coach Jerry Dean had his team apply a relentless full court press throughout much of the game, and it paid big dividends in the second quarter with countless Braxton turnovers. Webster smoked Braxton 28 to 10 in the second quarter to comfortably lead at halftime by a score of 40 to 24.

Webster increased their lead in the third quarter, outscoring Braxton 14 to 7. Junior Jake Thayer scored the last 5 points of the third quarter for Webster. Jake brought the crowed to its feet when he nailed a long three point shot at the buzzer and Webster led at the end of the third quarter 54 to 31. The teams played relatively even in the fourth quarter as Webster ran away with the 66 to 41 win and a berth in the Sectional Championship game.

Given led the Highlanders with 24 points, making a hot 7 of 9 shots, including 3 for 3 from three point range. Given also had 5 rebounds, 3 assists, and 1 steal. Brett Morris was the only other Highlander scoring in double figures with 18 points. Morris also had 5 assists, 4 steals, 3 rebounds, and 1 blocked shot.

Other Highlanders on the team stat sheet included: Dalton Davis, 9 points, 5 rebounds; Thayer, 5 points, 1 rebound; Stephen Cogar, 3 points, 2 rebounds, 2 steals, 1 assist; Hunter Williams, 3 points, 2 rebounds; Robbie Cogar, 2 points, 4 steals, 2 assists, 1 rebound; Drew Green, 2 points, 2 assists, 1 steal; Guy Cowger, 4 rebounds, 3 assists, 2 steals; Tyler Anderson, 1 rebound; and Rick Holcomb, 1 rebound.

As a team, Webster made 23 of 42 shots (54%), including 6 of 15 (40%) from 3 point range. From the free throw line, Webster made 14 of 23 shots (60%).

With the win, Webster improved its record to 18 wins, 3 losses on the season.

This is the second year in a row that the Highlanders will host a Sectional Championship.

More Details Provided on Weekend Meth Arrests

Brian Allen Clayton and Brittany Nicole Clayton

As previously reported, Brian Allen Clayton and Brittany Nicole Clayton were arrested on February 24, 2013, and each charged with one felony count of Operating or Attempting to Operate a Clandestine Drug Laboratory and one felony county of Conspiracy.

According to the criminal complaints filed against the Clayton's by State Police Trooper E.E. Bostic, at about 1:10 a.m. on February 24, 2013, Bostic was informed that the 911 Center received an anonymous telephone call that the Clayton's were operating a meth lab in their home with two children present. Trooper Bostic, along with Deputy Sheriff David Vandevender and two Child Protective Services' workers, went to 67 Elk Street in Webster Springs and found the Clayton's home alone without any children present.

According to the complaint, both Clayton's then signed written consents for the officers to search their residence and surrounding property. Trooper Bostic found a meth lab beside the rear door of the residence, and also found meth precursors, and a lot of drug items including spoons, needles, and pills located near were the Clayton's were sitting on a couch. The complaint then says that both Clayton's gave recorded statements that they operated a meth lab and were hooked on meth.

Thomas Odell McIe and Howard Junior Fisher

Also as previously reported, Thomas Odell McIe and Howard Junior Fisher were arrested on February 22, 2013 and charged with drug offenses. Both were charged with one felony count of Operating or Attempting to Operate a Clandestine Drug Laboratory and one felony county of Conspiracy. McIe was also charged with one felony count of Manufacturing, Delivering, or Possessing with Intent to Deliver a Controlled Substance.

According to the criminal complaint filed against McIe and Fisher by State Police Trooper E.E. Bostic, on February 22, 2013, at about 10:30 p.m., Bostic received a complaint of a chemical odor coming from 130 South Main Street in Webster Springs. Upon arriving at the residence, Bostic detected a strong chemical smell.

Seargant T.L. White of the West Virginia Division of Natural Resources accompanied Bostic to the residence and observed McIe through a window at the kitchen sink area. After Bostic knocked on the door, White saw McIe gathering items up from the counter and saw him run past the door to a bathroom. Fisher then opened the door and told the officers they had permission to enter the residence, and he signed a consent to search the residence.

Bostic heard the toilet flushing and found McIe coming out of the bathroom. After performing an officer safety check for weapons on McIe, McIe was found with two hydrocodone pills and $116.00 in his front pocket. According to the complaint, Fisher gave a statement that McIe was cooking meth in Fisher's residence in the kitchen area and a back room of the apartment. Fisher said he knew McIe was making meth. The officers observed two meth labs, one of which was active. The officers field tested a white powder found on the counter and it tested positive for meth.

Webster Hosts Braxton in Tuesday Playoff Game

The 8th ranked Class AA Webster County Highlanders will host the Braxton County Eagles Tuesday at 7:00 p.m. in an opening round sectional playoff game.

Ravenswood hosted Braxton County Monday evening in the "play-in" playoff game. The Eagles beat the Red Devils in a mild upset 54 to 41 to advance to meet the number one seeded Highlanders. Webster defeated Braxton twice this year, by scores of 72 to 43 at Braxton and 56 to 38 at home.

If the Highlanders defeat Braxton, they would advance to the sectional championship against the winner of the Roane County - Ritchie County game, which game will be played Tuesday evening at Roane County.

In the final Associated Press ("AP") poll of the year, Webster finished ranked 8th despite having the second best record among the top ten teams in the poll. Potential sectional championship opponent Ritchie County finished 10th and Roane County received votes from the AP writers.

Here is the final Class AA poll (with team records):

1. Bluefield, 19-3
2. Fairmont Senior, 16-6
3. Robert C. Byrd, 16-6
4. Westside, 16-6
5. Wyoming East, 15-8
6. Poca, 16-6
7. Tolsia, 14-8
8. Webster County, 17-3
9. Bridgeport, 16-6
10. Ritchie County, 17-5

WV Supreme Court to Hear Arguments on Mother and Son Drug and Child Neglect Convictions

The West Virginia Supreme Court of Appeals has set March 27, 2013 as the date it will hear oral arguments in the appeals brought by a mother and son who were convicted by a Webster County jury of felony drug and child neglect charges.

WV Supreme Court of Appeals

After a two day jury trial that concluded on August 5, 2011, Davis W. Wolverton and his mother, Kathyrn Wolverton, were each convicted of the felony crimes of Delivery of a Controlled Substance, Conspiracy, and Gross Child Neglect Creating Risk of Serious Bodily Injury or Death.

As summarized in the State's brief in response to the appeals, the following evidence was presented at the joint trial of the Wolverton's:

Phillip "P.J" Payne acted as a confidential informant for the State to buy drugs from Davis Wolverton on January 27, 2010. Police dropped off Payne at the Wolverton residence, which was shared by Davis, Kathyrn, and Davis's two minor children. According to Payne's testimony, Kathryn Wolverton went into a room, got two morphine pills, handed them over to Davis, who then sold them to Payne. Payne then returned to the officers and gave the pills to them.

During the trial, Payne was asked about his prior testimony in a related child abuse and neglect proceeding. In that proceeding, Payne claimed to have known Davis because he rode with him several times to a methadone clinic in Beckley. At the criminal trial, Payne admitted that he never rode with Davis to the clinic.

After the jury convicted the Wolverton's, they made a motion to Judge Jack Alsop to overturn the jury's conviction on the grounds that the Prosecutor knowingly presented false testimony by Payne. Judge Alsop denied the motion, stating that defense attorneys had plenty of opportunity to and did in fact expose the inconsistencies in front of the jury. Judge Alsop also noted that the jury was instructed to consider Payne's inconsistent testimony in judging the facts of what really happened as Payne was the only witness to the drug transaction.

Both Wolverton's then appealed their convictions to the West Virginia Supreme Court of Appeals. Both Davis and Kathyrn appealed on grounds that the verdicts should be set aside because the prosecutor knowingly presented false testimony. Davis also appealed on the issue of whether a husband and wife could both sit on the jury at the same time, which happened during this trial.

According to West Virginia law, to receive a new trial on grounds that a prosecutor presented false testimony, a defendant must show "(1) the prosecutor presented false testimony; (2) the prosecutor knew or should have known the testimony was false; and (3) the false testimony had a material effect on the jury verdict."

While the Wolverton's claim that Payne's testimony was false in light of his prior testimony in the abuse and neglect case, the State counters that the abuse and neglect testimony may be false and the criminal trial testimony true. If the State's argument is adopted, then the Wolverton's could not meet the first prong set forth above.

On the husband and wife juror issue, Davis claims that a husband and wife would not likely heed the Court's instructions not to discuss the case with each other until the case was submitted to the jury. Davis also argues that one spouse might likely just go along with the decision of the other spouse during jury deliberations to avoid conflict between the spouse. The State counters that no evidence was presented that a husband and wife would not listen to a Judge's instructions. The State also notes that there is no prohibition against a husband and wife serving on the same jury.

Here is a link to the Court's calendar for March 27, 2013, which includes links to the Circuit Court's Trial Order, and the argument briefs of both the Wolverton's and the State:

http://www.courtswv.gov/supreme-court/calendar/2013/dockets/march-27-13ad.html

The Commentator will provide an update closer to the scheduled March 27, 2013 argument date so that readers can tune in over the Internet to watch/hear the arguments. Sometimes, parties agree to waive the oral arguments and submit the case on the written briefs so the oral arguments would be cancelled. If the oral arguments appear to go forward as they are now scheduled, readers can access the live arguments on the Court's webcast website at the link below. The Wolvertons' case is set as the fourth case to be heard beginning at 10:00 a.m.
Argument Webcast link: http://www.courtswv.gov/supreme-court/webcast.html

Changes Proposed to Webster Bear Hunting Seasons

Black bear, like those caught on film in the video above during the 2012 whitetail buck season, would be fair game for gun hunters if proposed bear hunting regulations are adopted.

The West Virginia Division of Natural Resources ("WV DNR") is proposing major changes to the black bear gun hunting seasons for Webster and other counties.

At a meeting Sunday, DNR biologists proposed that hunters could hunt bears with guns during the two week gun season for whitetail bucks. Use of dogs would not be permitted during this two week season. Hunters wanting to kill bears during the buck season would have to apply for a permit, the number of which will be limited in each county, and hunter applicants will be selected at random for the permits.

In addition, the DNR proposed that the early September bear season with dogs be moved back to October and shortened to three days (from October 14 to 16).

These proposed changes are in addition to the traditional gun season for bears which runs for four weeks in December of each year. The changes also do not affect the Fall-long bear archery season.

People wishing to comment on these proposed changes can mail their comments to the WV DNR by April 5, 2013, or they can attend any one of the many public meetings scheduled for March 18 and 19, 2013, from 6:00 p.m. to 8:00 p.m. at the following locations:

Monday, March 18, 2013:
Fairmont – East Fairmont High School (Commons Area)
Martinsburg – James Rumsey Technical Institute (Cafeteria)
Summersville – Nicholas County High School
Lewisburg – Quality Inn (Conference Room)
Milton – West Virginia Pumpkin Park (Office Building)
Harrisville – 4-H Camp

Tuesday, March 19, 2013:
Glen Dale – John Marshall High School (Cafeteria)
Moorefield – Moorefield Middle School (Cafeteria)
Elkins – DNR Operations Center
Beckley – Beckley-Raleigh County Convention Center
Logan – Chief Logan State Park Conference Center
Parkersburg – City Building (Lobby)

Proposed Law Bans Buying Soft Drinks with Food Stamps

A new law has been introduced in the West Virginia House of Delegates that would prohibit food stamp recipients from "purchasing sugary soft drinks or carbonated beverages with such funds."

Recipients of food stamps, known as the Supplemental Nutrition Assistance Program ("SNAP"), are already limited by law as to certain purchases, such as a prohibition against purchasing alcohol and tobacco products. 

Delegates John N. Ellem, Republican from Wood County, and Eric L. Householder, Republican from Berkeley County, introduced the bill on Friday. They said that the law is necessary to help fight West Virginia's growing obesity problem and to make sure that taxpayer dollars are spent on nutritional items. Almost one-third of West Virginians are considered obese and about 18% receive food stamps. 

Since the SNAP program is controlled by federal law, even if the West Virginia legislature passes this new law, the federal government must approve of the new prohibition.

The full text of the proposed law can be found at this link:

http://www.legis.state.wv.us/Bill_Text_HTML/2013_SESSIONS/RS/Bills/hb2599%20intr.htm

Wildcats Defeat Bulldogs for CWVAC Championship

Above: Webster Springs Wildcats, CWVAC Champs & Cheerleaders: (front, l. to r.) Montana Nutter, Dillon Sparks, Garrett Hamrick, Cody Lowther, Hunter Hamrick, Conner Gibson, Erika Cutlip, Kristina Neal, & Jasmine Skeens; (back, l. to r.) Coach Jeff Hamrick, Team Helper Levi McCoy, Michael Malcomb, Billy Wilson, Collin Young, Dustin Williams, Cole McCourt, Chase Rose, MaKayla Lay, Macy Clayton, & Allison Clayton [all photos courtesy of Amy Hamrick McCoy].

The Webster Springs Wildcats earned the CWVAC Championship trophy after defeating the Glade Bulldogs 39 to 36 Saturday evening at the Braxton County Armory before a large showing of loyal Webster County fans.

Above: The CWVAC Tournament runner-ups, Glade Bulldogs: (front, l. to r.) Cole Taylor, David Martin, Jason Bragg, Tyler Gray, & Pryce Gadd; (back, l. to r.) Coach Brian Baine, Brady May, Jacob Schrader, Tony Mazzella, Coach David Perrine, Hayden Williams, Dalton Gray, Braydon Miller, & Coach Mike Gray.

Another Day, More Drug Arrests

Brian Allen Clayton

Brittany Nicole Clayton

According to the Regional Jail website, two more Webster County residents were booked into the Central Regional Jail at 5:40 a.m. Sunday morning on drug and conspiracy charges.

Brian Allen Clayton, age 34, was charged with two felony counts of Operating or Attempting to Operate a Clandestine Drug Laboratory and two felony counts of Conspiracy. Brittany Nicole Clayton, age 24, was charged with one felony count of Operating or Attempting to Operate a Clandestine Drug Laboratory and one felony count of Conspiracy.

The Commentator will update this article with more facts when they become available.

Police Kept Busy on Friday Night

David Allen Boggs

In addition to the arrests of two men on meth related charges (see link at end of article), police in Webster County also made other arrests on Friday evening, increasing by a total of four the number of inmates at the Central Regional Jail on the county's bill.

Jeremiah James Stout, age 34, was arrested on a parole violation according to the booking information at the Jail's website. Stout is currently being held without bond. 

Jeremiah James Stout

David Allen Boggs, age 49, was arrested on misdemeanor charges of trespassing, assault, and disorderly conduct. Bail for Boggs was set at $3,700.00.

Link to article on two men arrested on meth charges:

http://webstercommentator.blogspot.com/2013/02/friday-night-meth-arrests-lands-two-men.html

Friday Night Meth Arrests Land Two Men in Jail

Howard Junior Fisher

THIS ARTICLE HAS BEEN UPDATED WITH THE CRIMINAL COMPLAINT--SEE ARTICLE ON FEBRUARY 26, 213
Methamphetamine (meth) related arrests continue unabated in Webster County.

On Friday, State Police received a citizen's complaint of a strong chemical odor coming from a residence in downtown Webster Springs. Upon arrival, police also noticed the chemical smell and knocked on the door to speak with the occupants of the residence.

According to the criminal complaints, when no one answered the door and police could hear one occupant running in the residence, police made a consensual entry into the residence and found an active meth lab in process, as well as one of the occupants allegedly flushing items down a toilet.

Thomas Odell McIe

The State Police arrested Howard Junior Fisher, age 63, and Thomas Odell McIe, age 27, on meth and other drug charges. Fisher was charged with the felony crimes of Operating or Attempting to Operate a Clandestine Drug (meth) Laboratory and Conspiracy, and McIe was charged with the felony crimes of Operating or Attempting to Operate a Clandestine Drug (meth) Laboratory, Conspiracy, and Possession with Intent to Deliver a Controlled Substance (meth).

Magistrate Rich Roberston set bail in the amount of $200,000.00 for McIe and $150,000.00 for Fisher. Both Fisher and McIe presently remain incarcerated at the Central Regional Jail. The criminal complaints filed against Fisher and McIe are not evidence of their guilt, but are merely the documents by which they are charged with crimes.

Board Approves Personnel Reductions, Transfers

At its February 12, 2013 meeting, the Webster County Board of Education approved suggested "reductions in force" and transfers of various school personnel.

"Reductions in force," or job terminations, consumed a large part of the Board's meeting as various personnel spoke to the Board about the impact of such decisions and others had hearings as required by law and Board policy.

Those professional personnel whose positions were terminated for the 2013-14 school year included: Amy Moll, Brittany Parks, Holly Clark, Aaron Woodruff, Jonathan Oates, and Sarah Morton. Those professional personnel whose positions were transferred for the 2013-14 school year included: David Nutter, Vicky Cox, Sharon Hosey, Deborah Mazzella, Lori Kidd, Terry Clark, Lewis Woodard, and Tammy Anderson.

Those service personnel whose positions were terminated for the 2013-14 school year included: Susan Rogers and Angela Hayes. Those service personnel whose positions were transferred for the 2013-14 school year included: Linda Cochran, Rebecca Cogar, Donnie Holcomb, and Tammy Lowther.

In other action, the Board approved Stacey Cutlip as the new Principal at the Webster County High School effective at the beginning of the 2013-14 school year.

Pending proper certification, the Board also approved as substitute teachers for the remainder of the 2012-13 school year the following people: Jessica Wilson, Alicia Bonnett, and Kristi Swecker. Marcella Baughman was approved as a substitute cook for the remainder of the current school year.

Two extracurricular contracts for the remainder of the 2012-13 school year were also approved: Tammy Holcomb, EDGE Coordinator at the high school and Kenneth Gregory, HOSA bus operator.

The Board's archived agenda listing all actions taken can be accessed at this link:

http://boe.webs.k12.wv.us/pages/WebsterCSD/Board_of_Education/Archived_Agenda

Event Dates Have Changed

The Webster County Board of Education meeting originally scheduled for Tuesday, February 26, 2013 has been moved to Wednesday, February 27, 2013, at 6:00 p.m., according to the Webster County Schools' website calendar (bottom right of website page): 

http://boe.webs.k12.wv.us/pages/WebsterCSD

Among other items on the Board's agenda is the school consolidation plan. The Commentator believes the board meeting was rescheduled because of the following event change:

The opening round sectional playoff game for the Webster County Highlanders boys' team has been rescheduled for Tuesday, February 26, 2013, with tip off at 7:00 p.m. Webster hosts the winner of the Braxton County - Ravenswood game.

Commentary: The Best Part of the Basketball Games

Video shows how the Commentator obtains team statistics each game, as well as a brief interview with a player's parent.

In addition to the games themselves, the best part of following the Highlanders around the past several seasons has been having the pleasure to meet and interact with the parents, relatives, and fans of the team.

Many of the parents of the players have gone to great lengths to help their children succeed. They re-arrange their schedules to show their support for their kids. Take, for example, Sam Given, father of senior forward Hunter Given. He works in the coal mines near Grafton and has often left his job to travel great distances to watch his son play. Teri Given, Hunter's mom, is also present at the games with camera in hand. His grandparents also fill the stands in support.

It was tough not to feel the emotion of Senior Night.

The Commentator is of course most indebted to senior guard Brett Morris' mom, Diane, who is at every game taking stats for the team. She has graciously shared those stats with us over the past two years so that articles could be written for both the Webster Echo and the Commentator. Diane and her husband Mike are at every game, along with both sets of Brett's grandparents. Anyone who was at the Midland Trail game last night could see the obvious emotion in Brett and the close bond he shares with his parents.

There are a whole host of other parents at the games, including Cheryl and Terry Green, whose son senior guard Drew, played very little during the season due to injury. But yet they were present in support at the games nonetheless. Sue Cogar, mother of junior guard Stephen Cogar, can often be seen at the games not just as a fan but as a volunteer worker at the home concession stand for example.

And then there are the fans. Like Roger Frazer of Craigsville, who graduated from Cowen High School. Roger has not missed a game this season. He painted the Highlander on the wall in the gym as well as other signs. Roger is one of the most easy going persons you would ever want to meet and he makes the game experience much more enjoyable.

Coach Jerry Dean and wife Traci's families are also at the games in full support. Traci can also be seen volunteering at the home concession stand. Superintendent Martha Dean has been present at the vast majority of the games showing her support. Other school personnel have also been present supporting the team in many ways. Like public address announcer and teacher Jonas Knotts, who has brought more meaning to the "sixth man" than ever before.

The list of dedicated parents, faithful fans, and school personnel can go on and on. They all deserve a lot of credit for their dedication and support and for making the game experience pleasant and enjoyable.

Sometimes words are not enough for these folks and what they do for the student athletes, but two are most appropriate:

Thank you.

Webster Inmate Released from Jail Was Not Indicted

Keith Odell McCourt

A Webster County inmate at the Central Regional Jail was released Thursday because he was not indicted by a Grand Jury within two terms of Court.

Keith Odell McCourt, age 43, had been incarcerated since his arrest on August 26, 2012 for failing to register as a sex offender. 

On Thursday, McCourt had a hearing before Circuit Judge Jack Alsop on his request for a new lawyer. When Judge Alsop saw that the Prosecutor's office had not indicted him before a Grand Jury as of the date of yesterday's hearing, the Judge ordered him released from jail. 

Although McCourt has been released from jail, he can still be indicted by a Grand Jury on the original charges that landed him in jail back on August 26, 2012. He is expected to have his case presented to the next Grand Jury in May, 2013.

The jail bill to Webster County for McCourt's incarceration from August 26, 2012 to February 21, 2013 amounted to $8,735.20 (179 days at $48.80 per day).

The law regarding how long a person can be held in jail without being indicted by a Grand Jury is known as the "two term rule." Below is the full text of the law:

§62-2-12. Discharge of imprisoned person upon failure to indict within certain time; person not indicted by reason of insanity.

A person in jail, on a criminal charge, shall be discharged from imprisonment if he be not indicted before the end of the second term of the court, at which he is held to answer, unless it appear to the court that material witnesses for the state have been enticed or kept away, or are prevented from attendance by sickness or inevitable accident, and except also that, when a person in jail, on a charge of having committed an indictable offense, is not indicted by reason of his insanity at the time of committing the act, the grand jury shall certify that fact to the court; whereupon the court may order him to be sent to a state hospital for the insane, or to be discharged.

Highlanders Trample Midland Trail 94 to 62

Making good on a promise he made Tuesday after the Shady Spring game that Webster would finish the regular season on a winning note, senior guard Brett Morris poured in 38 points Thursday evening to lead the host Highlanders to an easy win over the Midland Trail Patriots 94 to 62.

With the win, Webster finished the regular season with a 17 win, 3 loss record. They will host a sectional playoff game on Tuesday, February 26, 2013 at 7:00 p.m. The game was originally scheduled for Wednesday but has been moved up to Tuesday. The Highlanders will face the winner of the Ravenswood - Braxton County game that will be played in Ravenswood on Monday.

Against Midland Trail, the Highlanders never trailed in the game. Webster led 21 to 14 at the end of the first quarter and by 55 to 32 at halftime. Morris scored 28 of his 38 points in the first half. The large Senior Night crowd was more than satisfied with the rout, including Brett's arguably best dunk of the season that he made shortly before halftime.

The Highlanders coasted the remainder of the game, leading 67 to 51 at the end of the third quarter. Webster outscored the Patriots 27 to 11 in the fourth quarter to punctuate their 94 to 62 win.

Along with his 38 points, Morris collected 12 rebounds, 9 assists, 3 blocked shots, and 3 steals.

Senior Tyler Anderson wanted to hear public address announcer Jonas Knotts say "Tyler Anderson for three!" when Tyler was introduced during the pre-game Senior Night festivities. Tyler got his wish granted as he drained 3 three point shots, plus a 2 point layup for good measure, finishing with 11 points and 1 rebound.

Senior Hunter Given had 12 points, 11 rebounds, and 1 blocked shot. Freshman Robbie Cogar was the fourth Highlander to score double figures. Cogar finished with 10 points, 4 assists, 2 steals, and 2 rebounds.

Other Webster players on the stat sheet provided by Diane Morris included: Dalton Davis, 7 points, 7 rebounds, 2 steals, 1 assist; Guy Cowger, 6 points, 3 steals, 2 assists; Logan Taylor, 6 points, 2 rebounds; Hunter Williams, 4 points, 1 rebound, 1 steal, 1 assist; Jake Thayer, 2 rebounds, 1 assist; and Rick Holcomb, 2 rebounds.

As a team, Webster made 35 of 63 shots (55%), including 9 of 21 three point shots (42%). Webster sank 15 of 22 free throws (68%).

Red Devilettes Kill Lady Highlanders' Playoff Hopes

In an opening round sectional playoff game Wednesday evening in Ravenswood, the Red Devilettes ended the Lady Highlanders basketball season with a convincing 62 to 30 win over Webster.

The Lady Highlanders fell behind early, trailing 12 to 6 at the end of the first quarter, and by 29 to 18 at halftime. They fared no better in the second half, being outscored 18 to 6 in the third quarter and by 15 to 6 in the fourth quarter.

Brandi Clevenger had a team high 11 points for Webster County. Others scoring for Webster included: Samantha Stout, 4 points; Erin Brown, 4 points; Bethany Young, 5 points; Taylor Anderson, 4 points; Kendal Riffle, 2 points; and Stacie Robinson, 2 points.

The Red Devilettes were lad by Taylor Youell with 22 points and Hailey Miller with 19 points.

With this playoff loss to Ravenswood, the Lady Highlanders finished the season with a respectable 14 win, 9 loss record.

School Consolidation Back on Board's Agenda

Superintendent Martha Dean's proposed school consolidation plan is back on the Webster County Board of Education's agenda for its upcoming February 27, 2013 meeting.

According to the posted agenda, the Board will consider the following agenda item: "Review, correct and approve closure documents for Diana Elementary School and Glade Middle School. Further consider establishing hearing dates." The agenda also lists this item: "Consider authorizing the following professional job postings for the 2013-2014 school year: ... Pre-School/Kindergarten Teacher at Diana Elementary School."

The meeting next Wednesday is scheduled to begin at 6:00 p.m. at the Board's offices on Main Street in Webster Springs.

Here is a link to the entire agenda for the Board's February 27 meeting (this is the link to the current agenda that changes from meeting to meeting):

http://boe.webs.k12.wv.us/pages/WebsterCSD/Board_of_Education/Agenda

Jail Bill Exceeds $50,000 for Third Month in a Row

Like a leaky faucet, the County's jail bill has exceeded $50,000.00 for the third month in a row.

The West Virginia Regional Jail Authority billed Webster County  on February 8, 2013 the sum of $55,778.40, representing the County's jail bill for January, 2013.

The bill includes 965 days for felony defendants ($47,092.00) and 178 days for misdemeanor defendants ($8,686.40).  The total of 1,143 days were billed at a cost of $48.80 per day.

Here is a link to our January, 2013 article about the jail bill:

http://webstercommentator.blogspot.com/2013/01/jail-bill-continues-to-drain-county.html

Webster County Jury Finds Drug Dealer Guilty

Rodrick Allen Lusk

A Webster County Circuit Court jury deliberated Wednesday for about 40 minutes before returning guilty verdicts on all counts against a Cowen area man accused of delivering drugs, possessing drugs with intent to deliver, and conspiracy.

Rodrick Allen Lusk, age 49, of Pretty Glade Road near Cowen, was indicted on four felony charges, including one count of Conspiracy, one count of Delivery of a Controlled Substance, and two counts of Possession with Intent to Deliver. Witnesses for the State in the one day jury trial included Webster County Deputy Sheriff Jack Cultip, Cowen Police Chief Allen Cogar, Stacy Gooch (a chemist from the West Virginia State Police laboratory in Charleston), a confidential informant, Deputy Beaver from the Central West Virginia Drug Task Force, and Richard Totten from AT&T. Lusk recalled two of the State's witnesses but he did not testify in his own behalf.

Assistant Prosecutor Dara Acord handled the entire case for the State. The State's evidence can be summarized as follows: On May 3, 2012, around 8:47 p.m., the confidential informant working for law enforcement called Lusk's Pretty Glade Road residence and spoke with an unidentified female. The informant arranged with the female to buy drugs.

Chief Cogar drove the informant to Lusk's residence, a mobile home, and watched the informant go into Lusk's residence. The informant had marked currency in his possession. When the informant returned to Cogar, the informant said that "Buckwheat" (Lusk's nickname) sold him a 60 milligram morphine pill for $60.00. The pill was turned over to law enforcement. One of the officers testified that in their law enforcement experience, the going price on the street for morphine was one dollar per milligram.

Cogar then informed Deputy Cutlip of the drug buy. Cutlip went to Lusk's residence and was invited in. Lusk was sitting at a couch and in front of Lusk was a coffee table which had on it the marked currency the informant used to buy the 60 milligram morphine pill. Cutlip patted down Lusk. Lusk dropped a baggie and tried to cover it with his foot. The baggie contained one 100 milligram morphine pill and four zolpidem pills (also known as Ambien). Deputy Beaver conducted a "Board of Pharmacy" search on Lusk and determined that Lusk last had a valid prescription for Ambien in January, 2011 and last had a valid morphine prescription in 2006. During the pat down, Cutlip also found $300.00 in cash on Lusk.

Cutlip then obtained consent to search the Lusk residence. He found needles and burnt spoons, commonly used for illicit drug use. Also found were two notebooks that had the names "Buckwheat" and Crystal Chaffin written on the same. The notebooks were described as "drug ledgers," listing names, pills, and money amounts.

Crystal Chaffin, who is awaiting trial on similar charges, was also present and is believed to be the female who arranged the drug buy over the telephone.

The chemist verified that the various drugs used in the sale and found in the baggie were controlled substances. Totten of AT&T confirmed that the telephone number called by the informant was a telephone at the Lusk residence.

Lusk was represented by court-appointed attorney Tim Gentillozi of Clarksburg.

After the 8 women, 4 men jury returned the four felony guilty verdicts against Lusk, Acord announced to the Court that the State would be filing a "recidivist" action against Lusk. A recidivist action seeks to enhance the penalties due to a prior felony conviction or convictions. Lusk has one prior felony on his record.

Lusk has been incarcerated at the Central Regional Jail since his arrest on May 4, 2012 and will remain incarcerated pending his sentencing hearing now set for April 8, 2013.

Lusk faces a maximum prison sentence of not less than one but not more than 15 years on the Delivery of morphine conviction, not less than one but not more than 15 years on the Possession with Intent to Deliver morphine conviction, not less than one but not more than three years on the Possession with Intent to Deliver zolpidem conviction, and not less than one but not more than five years on the Conspiracy conviction, for a combined maximum prison term of not less than four but not more than 38 years. If the State proves in a recidivist action that Lusk has a prior felony conviction, then the minimum prison term could double to eight years.

Brett Morris Scores 39 Points as Highlanders Win Over Class AAA Shady Spring

CAUTION: The above video shows a player sustaining an ankle injury and may be somewhat graphic to view.

The 8th ranked Class AA Webster County Highlanders won a nip and tuck affair over the Class AAA powerhouse Shady Spring Tigers 69 to 64 Tuesday evening at Upperglade.

Shady Spring, which moved from Class AA to Class AAA this year, featured first team all-state player Chase Conner, who shared those first team honors with Highlander star Brett Morris last season. In the first quarter, Conner and the Tigers appeared to outmatch the Highlanders as Shady Spring mounted an 18 to 10 lead at the end of the quarter.

In the second quarter, Morris and the Highlanders fought back. The Highlanders led briefly at 28 to 27 with 2:33 remaining before halftime, but the Tigers roared back for a 33 to 30 halftime lead.

Shady Spring held a 3 point lead at 39 to 36 when Conner rolled his ankle with 4:50 remaining in the third quarter. Conner's injury prevented him from returning the remainder of the game. Time and time again prior to his injury, Conner's smooth three point shooting kept Webster at bay. The accompanying video to this article appears to show that Conner stepped on Morris' right front foot, causing Conner to roll his ankle.

Despite Conner's absence after his injury, Shady Spring built up a 7 point lead at 48 to 41 with 1:30 remaining in the third quarter. Logan Taylor, Robbie Cogar, Morris, and Dalton Davis then made four quick baskets in a row as Webster went on an 8 to 0 run to end the quarter with a narrow 49 to 48 lead.

The fourth quarter kept the Webster faithful on the edge of their seats as the teams traded the lead numerous times. Morris then took total charge of the game, scoring at least 12 points with less than 5:10 remaining in the game.

Webster took the lead for good at 61 to 58 with 4:00 remaining after Morris was fouled making a layup and he made the ensuing free throw. The Highlanders then opened up a 6 point lead twice, at 3:45 and 1:35 remaining in the game. Webster then held on for the final 69 to 64 score.

Morris, who was obviously pumped up to play against Class AAA Shady Spring and his fellow first team all-state player Conner, turned in his second best scoring output of the season. Morris finished with 39 points, making a hot 62 percent of his shots, and went 8 of 12 from the free throw line. Morris also had 10 rebounds, 6 blocked shots, 4 steals, and 1 assist.

After the game, Morris had a lot of praise for Chase Conner. Morris said he hated to see Chase injured. Morris admitted he was very tired in the first half chasing Conner all around the court. "He can shoot from anywhere. You can't give him any space," he added.

Dalton Davis was the only other Highlander to score in double figures, finishing with 14 points. Along with his points, Davis had 9 rebounds and 1 blocked shot.

Other Webster players on the game stat sheet included: Robbie Cogar, 8 points, 3 steals, 2 rebounds; Hunter Given, 3 points, 3 steals, 3 assists, 2 rebounds, 2 blocked shots; Guy Cowger, 2 points, 5 rebounds, 2 assists; Logan Taylor, 2 points, 1 rebound; Drew Green, 1 point, 5 rebounds, 1 steal.

As a team, Webster made 25 of 52 shots (48%), including 2 of 6 from three point range (33%). The team's foul line woes continued as they made only 17 of 34 free throws (50%).

With the win, Webster improved to an outstanding 16 wins, 3 losses on the season, with one regular season game remaining on Thursday at Upperglade against Midland Trail. Webster will host an opening round sectional playoff game next Tuesday, February 26, 2013, at 7:00 p.m. against the winner of the Braxton County - Ravenswood game that will be played on Monday, February 25, 2013.

Judge Facemire Grants Julia Surbaugh New Bail

Julia Ann Surbaugh

Julia Surbaugh appeared before Circuit Judge Richard Facemire in court proceedings today at the Webster County Courthouse requesting that she be released on bail after the West Virginia Supreme Court of Appeals overturned her murder conviction in November, 2012.

Surbaugh, age 50, appeared with her new privately retained attorney, Dan Hardway of Cowen. Judge Facemire relieved her previously court-appointed lawyer from any further duties in the case. Hardway argued that Surbaugh should be released on bail because she was not a flight risk, she still owned property in Webster County, and when she was out on bail prior to the jury trial, she was compliant with all terms of the bail and home confinement previously ordered.

Judge Facemire agreed with Hardway's argument and ordered that Surbaugh could be released on bail, which was set in the amount of $130,000.00, with certain conditions. Among those conditions, Surbaugh will be place on a GPS home confinement bracelet to be monitored by the home confinement officer. Surbaugh must remain within 100 feet of her residence, and that residence can not be the same place were the alleged murder took place. Surbaugh suggested a residence on Back Fork Street.



Surbaugh can be beyond the 100 foot limit only if that is approved in advance by the probation office.  The bail must be by a surety, such as property, a bondsman, and/or cash. In addition to the conditions listed above, the Court also imposed several other conditions on the bail.

Hardway was handed over four large boxes of materials from Surbaugh's prior counsel. Judge Facemire gave Hardway a period of 30 days to review the material, after which the Court would set another hearing to determine the trial date, among other matters.

Surbaugh remains incarcerated at the Central Regional Jail pending the posting of her bail.

OES/911 Director Works to Secure AT&T Cellular Coverage for Northern Part of Webster County

Despite pleas from Office of Emergency Services (OES) and 911 Director Richard Rose requesting that AT&T expand cellular coverage to the Northern part of Webster County, AT&T responded by saying "as of now nothing is in the works."

In a letter to AT&T, Rose raised two concerns relating to AT&T wireless coverage throughout Webster county. "The first concern is the proposed upgrade of the two existing sites that you have within our county from the current EDGE platform up to at least the 3G platform. The second concern is the possibility of placing an additional site and service on our existing tower on Hodam Mountain, which lies in the northern part of our county that currently has no AT&T service. However, US Cellular currently has service in the northern, central, and southern parts of our county," Rose's letter states.

In his letter, Rose pointed out the difficulties encountered by the lack of cellular coverage in the Northern party of the county, particularly that which was encountered during the two recent natural disasters. "During these times, the utility companies' (electric, phone, water, etc.) communications systems went out and they solely relied on cellular service to restore the utilities. The northern part of the county was without ALL communications for several days. We think that placing service on our tower at Hodam Mountain would definitely benefit the emergency services, critical infrastructure, along with the hundreds of residents and thousands of tourists that travel through this area to get to Snowshoe Resort, Silver Creek Resort, and Holly River State Park," Rose's letter stated.

A representative from AT&T responded to Rose's letter. The representative noted that AT&T has plans to upgrade its Cowen and Webster Springs' cellular sites, with the Cowen upgrade scheduled for June 30, 2013 and the Webster Springs upgrade scheduled for December 31, 2013 (both dates are tentative and may be changed).

The representative further stated that no new cell sites are planned for the Northern part of the county, but that Rose's concerns will be taken into consideration for future planning.

Early Morning Fire Destroys Webster Springs Building

Above: House fire on Elk River Road in Webster Springs (all photos courtesy of Carla Griffith Clevenger).

The building was a total loss.

The Webster Springs Fire Department responded to a structure fire early Tuesday morning at 304 Elk River Road in Webster Springs. 

The Webster Springs Department was assisted by the Diana Fire Department. The call came in at 4:33 a.m. Tuesday and Webster Springs was on scene at 4:39 a.m. At one time, the structure was a residence, but was currently being used as an outbuilding. The building was a total loss, and the residence nearby sustained some minor siding damage.

Charred remains of the structure.

The cause of the fire is under investigation.

The Webster Springs and Diana Fire Departments
responded to the scene of the structure fire at 4:39 a.m.

Webster Beats Pikeview; Playoff Picture Set

In their final away game of the regular season, the Webster County Highlanders played a strong fourth quarter to put away the pesky PikeView Panthers 60 to 52 Monday evening in Mercer County.

Prior to the game, the Highlanders received some good news. Of the five teams in their Section, Webster was ranked number one, which gives them the home court advantage during the sectional and regional playoffs provided they win their playoff games.  On Tuesday, February 26, 2013, with tip off at 7:00 p.m., the Highlanders will host the winner of the "play-in" game between Braxton County and Ravenswood (that game will be played at Ravenswood on Monday, February 25, 2013).

If the Highlanders win that opening round sectional playoff, they would then host the Region 1, Section 2 Championship game on Friday, March 1, 2013, at 7:00 p.m., against the winner of the Roane County and Ritchie County game. The winner of that Sectional Championship will then host a Regional Championship game the following week against the loser of the other Sectional Championship in Region 1.

Above: Brett Morris with one of his patented slam dunks.

Against PikeView, the Highlanders started out slow in the first half, but only trailed at the end of the first quarter 20 to 17 thanks to a buzzer beating 3 point shot by Brett Morris. In the second quarter, Webster inched closer, outscoring PikeView 10 to 9, and at halftime, the Panthers led 29 to 27.

Webster finally took the lead for good in the third quarter, outscoring PikeView 16 to 12, to lead 43 to 39 going into the final stanza.

The fourth quarter was dominated by the Highlanders. If the Panthers had any thought of mounting a comeback, Morris slammed the door on that thought with a one-handed dunk that gave the Highlanders a 12 point lead with 2:30 remaining.

Morris led a balanced Highlander attack with 17 points, 11 rebounds, 8 assists, and 4 blocked shots. Hunter Given had 12 points, 7 rebounds, 3 assists, 3 steals, and Dalton Davis had 11 points and 6 rebounds.

Other Webster players on the state sheet included: Robbie Cogar, 6 points, 3 assists, 2 rebounds, 1 steal; Hunter Williams, 6 points, 1 rebound, 1 assist, 1 steal; Jake Thayer, 4 points; Guy Cowger, 2 points, 3 rebounds, 1 assist; Drew Green, 2 points, 1 rebound, 1 steal; Logan Taylor, 2 rebounds; Tyler Anderson, 1 rebound.

As a team, Webster made 26 of 53 shots (49%), including only 1 of 10 from 3 point range (10%). Webster made 7 of 11 free throws (63%).

With the win, the Highlanders improved to 15 wins, 3 losses on the season. Webster returns home for two final regular season games. They host Class AAA Shady Spring on Tuesday and Midland Trail on Thursday.

The Highlanders remained ranked 8th in the Associated Press poll released on Monday.

Student Enrollment Data Bad Sign for Board's Finances

Student enrollment data for Webster County schools over the past nine school years shows a steady decline which results in less State tax dollars going into the County Board of Education's coffers.

From the 2004-05 school year to the 2012-13 school year, Webster's county-wide student enrollment dropped from 1,624 to 1,493 students over that nine year period. Although the figures vary from year to year, the average yearly drop in enrollment is 14.55 students per year.

The Webster County School Board receives 67.8 percent of its revenue from State sources (according to the last fiscal year's budget), including the State Aid Formula. The State Aid Formula provides revenue to the counties depending on the number of students enrolled in a county. The less students enrolled, the less revenue a county Board will have to spend.

In the last fiscal year, the Board spent $17,721,922.00. If we simply divided that figure by the number of students enrolled for the 2012-13 school year, the Board spent an average of $11,870.00 per student. Does that mean for the loss of every student enrollment that the Board will lose $11,870.00? The simple answer is, no.

Some of the Board's revenue is not enrollment dependent, like property tax revenue which accounted for 10.9 percent of all revenues. Additionally, revenue from other sources, including special revenues which vary from year to year, are also not enrollment dependent.

But since the largest share of the Board's revenue is enrollment dependent through the State Aid Formula, it is fair to estimate that the Board will lose approximately $7,100.00 per year for each less student enrolled in the county. Since the county is losing about 14.55 students per year, that translates into a loss of about $103,305.00 per year in revenue.

In recent years, the Board has made cuts to personnel to keep the county's school budget afloat. As previously reported, the Board has experienced a surplus in three out of the last four year's budgets, and this past year's deficit was a meager $1,897.99. Of its expenditures from year to year, over 65 percent of the expenditures are for personnel and administration.

Absent further cuts to personnel, such as those which occurred at this past Tuesday's Board meeting, the Board will likely be faced with adopting other cost-cutting measures, include school consolidation. The bottom line, though, is that the declining student enrollment is taking a serious strain on the Board's finances.

Link to the nine year enrollment data discussed in this article:

http://wveis.k12.wv.us/nclb/pub/enroll/secondmonth_t.cfm

Link to Webster County's grade by grade enrollment data for the 2012-13 school year:

http://wveis.k12.wv.us/nclb/pub/enroll/esumdatap04v1.cfm?cn=091&sn=201&coname=WEBSTER&rpage=index.cfm&rptnum=2b12&year=13&et=2

Link to Webster County's full time adjusted enrollment data for the 2012-13 school year:

http://wveis.k12.wv.us/nclb/pub/enroll/esumdatap04v1.cfm?cn=091&sn=201&coname=WEBSTER&rpage=index.cfm&rptnum=2b12&year=13&et=2

Link to a discussion of the State Aid Formula (see page 5 of the document):
http://wvde.state.wv.us/finance/files/Policies/Policy%208100%20-%20Public%20School%20Finance.pdf

Meth Not the Subject of Recent Guilty Plea

For once, methamphetamine (meth) was not the stated subject of a crime which a man plead guilty to during court proceedings this past Thursday before Webster County Circuit Judge Jack Alsop.

Jeremy Allen Dempsey

As part of his plea agreement with the State, Jeremy Allen Dempsey, age 32, agreed to plead guilty to one count of the felony crime of Breaking and Entering in exchange for a dismissal of all other charges, which included Daytime Burglary and Conspiracy. Dempsey also agreed to make restitution to the victims of his crimes and to provide a truthful statement and/or testify in court proceedings regarding anyone else present or assisting him in relation to the crime of Breaking and Entering, Burglary, and/or Conspiracy which occurred on or about October 15, 2012.

According to the original criminal complaint filed against Dempsey by State Police Trooper E.E. Bostic, police arrived at the residence of Willis Currence on November 2, 2012 to arrest Dempsey on outstanding warrants. At the residence, Bostic found two wet stones and two pairs of boots believed to have been stolen from John F. Canfield, Jr. Dempsey then gave Bostic a recorded statement that he and Currence entered a camp on Elk River Road below the "Million Dollar Bridge" on or about October 15, 2012. Dempsey admitted selling a crossbow for $50.00. Canfield told officers he was missing from his camp two wet stones, two pairs of boots, and a crossbow.

Webster County Deputy Sheriff also filed another criminal complaint against Dempsey. That complaint alleged the crime of Daytime Burglary, in that on or about November 1, 2012, Dempsey and Currence entered the camp of Vincent Funk on Elk River Road and took a .22LR rifle, a Stanley spotlight, two five gallon buckets of food items, and cut a gas line to a mower to take gas.

After he entered his guilty plea to the Breaking and Entering charge, Dempsey was sent to jail pending a pre-sentence report and sentencing hearing. He faces a maximum prison term of not less than one but not more than ten years. He was represented by Clarksburg lawyer Garth Beck.

School Consolidation: Let's Clear Up a Few Things

Confusion certainly exists as to whether there is a legitimate financial reason for Superintendent Martha Dean's proposed school consolidation plan.

In this article, the Commentator would like its readers to consider a few matters:

• Never has the Commentator published an opinion either for or against school consolidation.
• The Commentator, like any responsible media source, has published the facts as provided to it by various sources, including the Superintendent, the Board offices, and the WV State Board of Education.
• The Commentator has sought out the positions on both sides of the issue, from those opposing the consolidation plan to its main proponent, Dr. Dean (reference our long interview with Dr. Dean conducted jointly with the editor of the Webster Echo).
• The Commentator has raised questions about the plan, like any media source would do.
• The Commentator has the highest respect for Dr. Dean, her abilities, and her sincerity, regardless of whether we would eventually agree or disagree with all or parts of her proposed plan.
• The Commentator will continue to seek out information and raise questions so that the public is fully and fairly informed about this issue.
• Contrary to the false post on the trash site Topix.com, the Commentator never said that the Commentator agrees that Dr. Dean or anyone else has "lied" about the budget deficit.

Now, having vented those issues, we turn to the issue of whether there is a significant school budget deficit that supports the school consolidation plan. 

The deficit has been stated publicly as about $300,000.00, $288,608.00, $59,980.00, and/or $1,897.99. Which is correct? Well, here are our sources for these numbers:

1. $300,000.00 (watch video of Dr. Dean below):


2. $288,608.00 (see bottom right of photo below):

3. $59,980.00 (see photo below of WV State Board of Education agenda item--see bottom right of chart):

4. $1,897.99 (see photo below of Dr. Dean's letter):

Now you judge which is correct.

We unfortunately conclude that we can not answer that question, and call upon the Superintendent or any Board member in favor of the plan to provide a response and/or explanation as to whether there is a current or future financial reason justifying the consolidation plan, including whether any part of the financial reason is a school budget deficit and how much is the deficit.