Highlanders Ranked 8th in AP Poll

Despite winning the only game they played since last week's rankings were released, the 11 win, 2 loss Webster County Highlanders boys' basketball team dropped from 6th to 8th in the Associated Press poll of Class AA teams released on February 4, 2013.

Here are the top ten teams and their records in Class AA as ranked by the AP:

    1. Bluefield    13-1 

    2. Fairmont Senior    13-3

    3. Robert C. Byrd    10-4   

    4. Poca    13-2

    5. Tolsia    11-6

    6. Westside    11-6 

    7. Wyoming East    10-5 

    8. Webster County    11-2   

    9. Scott    10-6  

    10. Roane County    11-4  

Others receiving votes: Bridgeport 5, Ritchie County 3, Herbert Hoover 1, Liberty Raleigh 1, Mount View 1, North Marion 1.

In the computerized MaxPreps.com Freeman rankings, Webster is ranked 13th in Class AA.

The Highlanders are scheduled to play twice this week. On Wednesday, they travel to Beckley to play  the Liberty-Raleigh Raiders at the Beckley Convention Center (varsity tip off at 7:30 p.m.) and on Saturday they will host Liberty-Raleigh at Upperglade (JV tip off at 1:00 p.m., varsity tip off at 2:30 p.m.).

The 11 win, 6 loss Lady Highlanders are scheduled to play three back to back games: Wednesday at Braxton County, Thursday at home against Greenbrier West, and Friday at Nicholas County.

'Shake and Bake' Meth Lab Defendant Pleads Guilty

James Frederick Given

A Craigsville man charged with operating a "shake and bake" meth lab on Seamon Hill near Camden on Gauley last October, 2012 entered a plea of guilty in Circuit Court Monday to the felony charge of Operating or Attempting to Operate a Clandestine Drug Lab.

James Frederick Given, age 52, pleaded guilty, waived his right to a pre-sentence report, and was then sentenced by Circuit Judge Jack Alsop to not less than 4 years but not more than 20 years in prison. Ordinarily, the maximum sentence for a conviction of this type is a minimum of 2 years but not more than 10 years; however, Given had a prior drug felony conviction on his record which subjected him to double the normal penalty.

Example of "shake and bake" meth lab.

A "shake and bake" meth lab is a portable setup used to make low grade methamphetamine. Also known as the "one pot" method, shake and bake meth is usually produced in a two-liter soda bottle. A few cold pills are mixed with common, but noxious, household chemicals and produces enough meth for the user to get a few hits.

According to the original criminal complaint filed against Given, State Police Trooper E.E. Bostic and Webster County Deputy Sheriff Rick Clayton were advised that Amy Dodrill was staying in a camper on Seamon Hill near Camden on Gauley. On October 8, 2012, the officers located a female, identified as Dorneda Cool, coming out of the camper and was asked if anyone else was in the camper and she said she was the only one in the camper. Trooper Bostic noticed another person in the camper and asked that person to exit the camper. 

Another example of "shake and bake" meth lab materials.

Given then exited the camper and Bostic observed items that appeared to be a "shake and bake" meth lab. Dorneda Cool then gave Bostic written and verbal consent to search the camper. Bostic found an active meth lab, drug paraphernalia (needles, pipes, and pills), and ingredients use to make meth (coffee filters, salt, Coleman fuel, and drain cleaner). Bostic then took a recorded statement from Given wherein Given admitted he was operating a meth lab. Cool gave a statement that she bought Sudafed for Given.

Given's case had been bound over from Magistrate Court for consideration by the Grand Jury. Given had not yet been indicted by a Grand Jury, but waived his right to have his case presented to the Grand Jury, and he agreed to enter his guilty plea in Circuit Court. Given has been incarcerated since October 9, 2012, and is currently at the Central Regional Jail.

Obituary: Denzil Paul Garvin, of Guardian, Age 80

Denzil & Ruby Garvin

Denzil Paul Garvin, 80, of Bear Run in Guardian, died Saturday after a brief hospitalization.

Denzil was born on October 18, 1932 and was a lifelong resident of the Guardian area, formerly known as Removal. He is survived by his wife, Ruby Ware Garvin, whom he married on August 27, 1955. He and Ruby had the following children: Chester, Wayne, Stanley, Shirley, Kim, Matt, Charles, Carey, and Patricia. He was predeceased by his parents, Albert and Bertha Hall Garvin. Denzil's viewing at Dodd & Reed Funeral Home in Webster Springs will be Monday, February 4, 2013, from 6:00 p.m. until 9:00 p.m., and the funeral service will be at 11:00 a.m. on Tuesday, February 5, 2013, followed by a burial at the Cogar Cemetery in Guardian. Here is a link to his obituary on the Dodd & Reed  website:
http://www.doddreedfh.com/index.php/obituaries/details/408-denzil-garvin

Brothers Carl, Denzil, & Ray Garvin

In 2001, when the editor of the Commentator was compiling information and pictures for the book "Removal Reflections: A History of Removal/Guardian, West Virginia," Denzil was not only a great contributor to the book but also one of its best salesman. Denzil provided all of the information about his family's roots in the Guardian area and we re-print the same below (along with all of the photos in the book of Denzil) in tribute to Denzil's life:

Denzil, & nephew, at
Narrow's Run, 1940's

Albert Garvin was born in 1894 and died in 1965. His wife, Bertha Alice Hall, was born August 23, 1894 and died on April 14, 1947. Albert was the son of William "Bill" Garvin. Bertha was the daughter of Levi M. "Lee" Hall, Sr. and Virginia Catherine (Schrader) Hall. Albert and Bertha were the parents of 11 children: Mike (who married Carol Cochran), Denzil Paul (who married Ruby Ware), Ray (who married Coreen Hamrick), Carl (who married Loreen Hamrick), Doyle (who married Edith "Wimpy" Tanner), Charles "Bud" (who married Margie Armentrout), Bonnie (who never married), Leatha (who married Paul Cook), Opal (who married Leslie Carpenter), Erma (who married Harrison Sharp), and Auda (who married Sherman Sharp).

Denzil, with sister Leatha in 1934.

According to Denzil Garvin, Albert and Bertha raised their family in the Long Fork of Narrow's Run [below Guardian] during the late 1920's, the 1930's, and up until the mid-1940's. They lived in a one-story house on the left side of the very mouth of the Long Fork. The house was originally built by the Pardee & Curtin Lumber Company for the use of its workers who were logging Narrow's Run.

Denzil recalls the house had no electricity nor running water, and had an outdoor privy and a cellar house. The house had vertical wood siding and it was heated with a pot-bellied stove, which was either wood or coal-fired. Dinners were prepared in a wood-fired cook stove and food could be kept warm in a "warming closet" located above the pot-bellied stove's main body. The pot-bellied stove had double doors, making it easier to load it with wood or coal. Bertha never allowed the cook stove to be fired by coal, as the smoke would ruin the dinner.

Denzil, with Cathy Cochran, 1940's.

The house was lighted with kerosene lamps. Water was drawn from a fresh water spring or from the nearby Narrow's Run creek. Baths were taken in either a large wash tub or in the creek itself. The family raised cows and chickens for milk, eggs, and butter. They raised their own gardens, full of corn and potatoes. Denzil can recall borrowing Daten Cool's horse, "Old Bill," to take corn to a grist mill operated by Earl Cool at Diana.

Denzil and the other Garvin kids attended the Narrow's Run School, located next to the house now occupied by Betty Rockhold. The walk from their home on Long Fork to the school was two miles one way. Lula Carter and Genieve Johnson were two of the teachers recalled by Denzil. Ms. Johnson was particularly kind and attentive to Denzil, making sure he was paddled with a switch almost daily. Denzil had about six kids in his class, as he recalls.

During the 1930's and 1940's, the Garvin's had as their neighbors in Narrow's Run the following families: Daten Cool family, Gib Hall family, Everett Fisher family, and Sherman Sharp and his sister Auda. At the mouth of Narrow's Run, Denzil recalls that there were three "shanties," which were built for the use of the workers at the sawmill operated by James Gibson. He recalls a bunkhouse there that the workers used. At the old Jim Bruffy place (downriver from the mouth of Narrow's Run), Denzil recalls that his dad's sister, Angie Fisher, once lived there. He can also recall that Roscoe Bruffy and perhaps the Virgil Clutter family also once resided at the Bruffy place.

Denzil, in Korea, 1950's.

Denzil, who was born on October 18, 1932, believes that the railroad tracks that once traversed Narrow's Run and along the Holly River, had been taken up for scrap and he has no memory of them as a child. He does recall walking over "foot logs" to cross the river.

Around the year 1946, Albert and Bertha moved their family out of Narrow's Run. They lived in the house near Norm Run where Harlan Hall subsequently lived, and where Harlan's son, Carval, now resides. Bertha became ill and was sick for a year before she died in 1947 of some form of kidney failure.

Denzil (right) hunting with Mike
Ware in Narrow's Run, late 1960's.

For a long period of time, Albert worked in the woods to earn a living. He would walk all the way from Narrow's Run to Diana just to catch a ride so that he could go to the log job work site. Albert also worked in the coal mines.

All of the boys, except for Ray, served in the military. Carl served in World War II in the Navy, as did his brother, Doil. Charles also served in World War II. Mike and Denzil served in Korea. Albert died of leukemia in 1965. Both Denzil and Doil remained in the Removal/Guardian area. Carl moved to Diana, and the other kids moved out of the area. Doil lives a half mile above Weese Run and Denzil lives in Bear Run. Both Denzil and Doil are noted for their hunting skills. They can often be found out in the woods pursuing deer, turkey, and squirrel. Rare is the dinner table that does not include some type of wild game or fish at Denzil's residence.

Pre-Trial Motions Filed in Triple-Homicide Case

When the two defendants in the Hacker Valley triple homicide case were arraigned January 23, 2013 before Judge Jack Alsop, the attorneys for both defendants filed various pre-trial motions.

Both attorneys filed "omnibus discovery motions." An "omnibus" motion is intended to require the State to disclose all of the evidence against the defendants prior to trial. Among things requested by an omnibus motion are: list of witnesses (including criminal records of such witnesses), statements of witnesses, statements of defendants, identity of the people who testified before the Grand Jury, a transcript of the Grand Jury proceeding, reports of examinations and tests, identity of expert witnesses (i.e., coroner, crime lab technicians, etc.), bill of particulars (exactly what does the State claim the defendants did), evidence of flight (did the defendants try to flee the scene), documents and tangible objects the State will present at trial, any evidence the State has that shows the defendant may not be guilty, any known bias of a State witness against a defendant, evidence of other suspects, and witnesses the State is aware of but do not intend to call to testify.

In all felony and most misdemeanor cases, it is common practice for defense attorneys to file the "omnibus discovery motion" summarized above. The West Virginia State Bar has a "Young Lawyers' Section" which has an online handbook for lawyers representing criminals, and at the end of the handbook is a copy of the typical "omnibus discovery motion." That handbook can be accessed at this link (it gives a good summary of the entire criminal justice process):

http://www.wvyounglawyers.com/handbook/chapter11.pdf

In addition to the omnibus motions, the attorney for the male defendant filed a motion to approve funds for the public defender offices to pay for an expert witness with respect to that defendant's alleged mental health issues. According to the motion, "the same [i.e., mental health issues] will be a significant part of the Defendant's defense in this matter and the Defendant is indigent has no funds to pay for the cost of the same." Judge Alsop granted this motion. As previously reported, the only mention in open court of the male defendant's mental condition was his alleged "bi-polar" condition.

Previously, on October 15, 2012, the State filed a motion entitled "Motion for Permission to Consume Sample." In this motion, the State claimed that the female defendant identified a Remington .30-06 rifle as the "murder weapon." The rifle was sent to the State Police lab for examination. The lab found trace amounts of blood on the rifle. The lab wanted to use the trace amounts of blood and compare it to known samples of DNA from the two defendants and the three victims. The lab advised the Prosecutor's office that the amount of trace blood was so small that it would all be consumed during testing. Because of this, the State wanted permission for the lab to consume the sample during testing, which would prevent the defendants from having any sample left over for their own testing, if they so desired.

On November 5, 2012, Judge Alsop held a hearing on the motion to consume. The defendants and their attorneys did not object to the motion, meaning that they acknowledged the amount of blood found was so small there would be none left over for further testing. Judge Alsop granted that motion. The file does not indicate any crime lab results at this point.

Another pre-trial motion of significance in the court file was the male defendants' motion for bond, which was heard by Judge Alsop back on July 9, 2012. In the motion, Judge Alsop found that: (1) the defendant was charged with three counts of murder in the first degree and he was facing life in prison; (2) the defendant has a prior criminal history; (3) the defendant has an outstanding fugitive warrant in the State of Ohio; and (4) the defendant was apprehended 75 miles from the murder scene headed South on Interstate 79. In light of all of these factors, bond was denied. A similar bond denial order was entered in the female defendant's case as well.

Six More Weeks of Winter Says Guardian Groundhog

"Guardian George" sees his shadow on February 2, 2013.

At 7:31 a.m. today, the groundhog known as "Guardian George" emerged from his dwelling at Removal Row in Guardian and definitely saw his shadow as the sun was beaming over the valley.

Longtime Guardian resident and official groundhog watch lady Ruby Ware then declared: "Sorry folks, six more weeks of Winter."

We here at the Commentator agree with Guardian George and we will go out on a limb and predict that Spring will not arrive until March 20, 2013.

Drug & Theft Crimes End with Guilty Pleas

Two more criminals face the possibility of time in prison after they pleaded guilty to drug and theft crimes in Circuit Court on January 31, 2013.

James Ramsey

James Ramsey, age 42, of Riverside Drive in Camden on Gauley, entered a plea of guilty to one count of Operating or Attempting to Operate a Clandestine Drug Laboratory. He faces a maximum prison term of not less than two but not more than 10 years. Ramsey has been incarcerated since January 28, 2013, when his home confinement was revoked for a violation.

According to the original criminal complaint against Ramsey, on October 10, 2011, State Police Trooper E.E. Bostic received a signed consent to search form from Ramsey for his residence and Bostic located several items consistent with the manufacture of methamphetamine. Those items included open and unrolled batteries, Sudafed boxes and blister packs, generator bottles, coffee filters with white chalky residue, and other plastic bottles used in the meth cooking process. Sargent Chris Kelly of the Drug Task Force examined and sample the items and confirmed they are used to cook meth. Sargent Kelly said that by the amount of bottles and unrolled batteries, at least four separate "cooks" had been performed and discarded in the trash bag where the items were found. Senior Trooper Phil Huff then interviewed Ramsey, who admitted that he had manufactured meth in his residence on one occasion in the past week.

William Christopher Jordan

William Christopher Jordan, age 27, of Erbacon Road in Erbacon, entered a plea of guilty to one count of Grand Larceny. He faces a maximum prison term of not less than one but not more than 10 years. Jordan has been incarcerated since June 2, 2012.

According to the original criminal complaint against Jordan, on May 13, 2012, Trooper Bostic found at Jordan's residence a PSE Brute Bow and Arrows, Knuckle wrenches, multiple knives, and tool sets (valued at $1,300.00) that had been stolen from Ernie Wolverton's residence from his outbuildings and/or garage. On May 14, 2012, Bostic took a recorded statement from Jordan who admitted that on May 13, 2012 he had broke a lock on Wolverton's outbuilding and stole the items. Jordan also admitted entering another of Wolverton's outbuildings, but did not find anything of value to steal.

Both Ramsey and Jordan remain incarcerated at the Central Regional Jail pending a pre-sentence report by the probation office and a sentencing hearing.

Eva Green Takes Oath of Office as New County Clerk

On January 30, 2013, Deputy County Clerk Eva Green was officially sworn in as Webster County's newest County Clerk. Retiring County Clerk Terry Payne gave the oath of office to Green in the County Clerk's office. Green will officially begin her duties as the new Clerk on February 5, 2013.