HARRISVILLE, W.Va. – Desean Tolley, 26, Charleston, was sentenced to a total of 35 years in prison when Ritchie County Circuit Court met Thursday, Nov. 18.
Tolley was charged with soliciting a minor via computer and use of obscene matter to seduce a minor (three counts).
In October 2019, the defendant began messaging a 15-year-old Ritchie County girl, sending her explicit texts to coerce her into meeting him for sex.
The pair met at the mall in Vienna, then went to a hotel in Gallipolis, Ohio and engaged in sexual intercourse. He was 23 at the time of the incident.
Per a plea agreement, two counts of use of obscene matter were dropped, and Tolley admitted to the remaining charges.
At sentencing, Attorney Dreama Sinkkanen asked for no fines, and minimum jail time, suspended for probation.
She stated that her client had always complied with his terms and conditions, and appeared when requested, while maintaining employment.
The victim’s father spoke briefly, asking for jail time for Tolley, citing “the hell me and her mom, and her, went through because of him.”
Prosecutor Sam Rogers called Tolley’s version of events “complete BS.”
The victim has stated she has “gone through hell” since the incident, but the defendant only spent 19 days in jail.
Rogers was unable to understand why the defendant wasn’t charged in Ohio, as well, since police broke in on him in a hotel room with an underage girl.
He asked for jail time for Tolley, with consecutive sentences.
For soliciting a minor via computer, Judge Tim Sweeney sentenced the defendant to 30 years in jail, and for use of obscene matter to seduce a minor, he received five years.
Those will be served consecutively, with credit for 19 days served.
Judge Sweeney denied alternative sentencing, saying that, “Your conduct was reprehensible, an act of violence on a 15-year-old girl.”
He believed any attempt at rehabilitation would fail, since Tolley was still denying his culpability.
“To protect the community and society in regard to minors, I need to keep you in jail for as long as possible.”
“She (the victim) can never be given back what you have taken, but others can be protected from you,” Judge Sweeney added.
Tolley will be required to pay court costs, but no fine was imposed.
He was remanded to begin serving his sentence.
•James Ty Davis, 24, Parkersburg, appeared for sentencing on a charge of malicious assault, along with his attorney, Justin Raber.
In February 2020, Davis was charged with malicious assault, strangulation and domestic battery in regards to a physical altercation with his girlfriend.
In February 2021, the defendant was given the opportunity to have deferred adjudication. He was placed under the supervision of the probation officer.
If there were no issues after two years, the lesser charge of domestic battery would be entered.
That lasted less than a month, when the bondsman reported Davis had been drinking on multiple occasions.
Deferred adjudication was revoked, and Davis entered a guilty plea to malicious assault.
Davis told the court he had problems with depression and anxiety, which was made worse when he found out a girlfriend had terminated her pregnancy with his child.
According to him, this sparked the latest incident leading to his bond revocation.
Davis and his attorney asked for him to be given the opportunity to go into long-term rehab for his drinking problem.
The defendant stated, “That’s all I want. I know I can be successful. I need mental health help.”
The victim and her mother were present in court, and her mother addressed the judge, saying, “He’s known he has a problem and he’s done nothing to address it. He has anger, drinking issues.”
“He can have rehab in jail. He needs jail.”
“My daughter came home and said, ‘He beat me.” I hope no one has to hear their daughter say that, and see the bruises.”
“He needs punished for what he did to her. Rehab is not it.”
The state stood silent as per the agreement.
For malicious wounding, Davis was sentenced to two to 10 years, with 181 days credit.
Judge Sweeney read out a lengthy list of charges and convictions amassed by Davis, saying he had plenty of notice of his drinking and anger management problem, most recently being physically aggressive with his father, and kicking the windshield of his father’s truck and breaking it, when his father was trying to help him.
Davis stood up in court and addressed the judge, saying that was the day his girlfriend messaged him, and he was upset.
Judge Sweeney replied, “Why are you telling me this? That’s not an excuse. Sit down. ‘It’s everyone’s fault but mine.’”
“You don’t get it.”
Saying that it was in the interest of justice, the request for alternative sentencing was denied.
Judge Sweeney informed Davis, “If you successfully complete a long-term rehab in jail, I will reconsider your sentence.”
“If you don’t get this straightened out, you’re going to have a long, miserable life.”
Davis was remanded.
•Harlan Wyers, 39, Harrisville, pled guilty to one count of child neglect creating risk of injury, and a second charge was dismissed.
Wyers was charged, along with Amber L. Deem, in 2017, after the pair were found driving impaired with children in the car.
Attorney John Scott told the court that he had seen great strides made by the defendant, and he believed the binding plea of home confinement was appropriate.
He also asked that the requirement for the Day Report Center be terminated, since Wyers will be under the supervision of the home confinement officer.
Prosecutor Rogers did not object.
Wyers was sentenced to one to five years, to be served on home confinement under terms and conditions to include random drug screens.
He will be under five years of extended supervision after his release from his sentence.
Wyers will be required to pay court costs in monthly installments.
•Kenneth D. Ahouse, 43, Pennsboro, appeared for sentencing on a charge of failure to update his vehicle on the sex offender registry.
Prosecutor Rogers stated, “The state has bent over backwards to help Mr. Ahouse,” saying he received numerous warnings to update the registry.
In spite of Attorney Garrett Villers’ request for alternative sentencing, Ahouse was given one to five years in jail.
In denying alternative sentencing, Judge Sweeney said the defendant had been given several opportunities to change his registration, and, while on bond, had continued to use meth.
Ahouse was to be remanded to begin serving his sentence, but slipped out of the courthouse and has not yet been returned to custody.
•Marshall L. Lipscomb, 43, Ellenboro, appeared for a preliminary hearing to revoke home confinement, along with Attorney Ira Richardson, filling in for Jordan
Richardson told the judge that Lipscomb was prepared to admit to the allegations, and they had reached an agreement with the state for the defendant to serve a 120-day sanction, then be returned to home confinement.
Lipscomb pled guilty in November 2020 to driving revoked for DUI, third offense, a felony. He was sentenced to serve one to three years on home confinement under terms and conditions. In July 2021, the defendant tested positive for amphetamines, methamphetamine and THC (marijuana).
After a 60-day sanction, he was placed back on home confinement.
Last month, Lipscomb again tested positive for amphetamines and methamphetamine.
Judge Sweeney asked the defendant why he should give him another chance, and he answered that this is his first time being in major trouble, and he didn’t understand the consequences of not obeying terms and conditions.
Saying, “I think you need some more time to think about it,” the judge revoked home confinement for Lipscomb, and remanded him to serve the remainder of his sentence in jail.
•Bobby R. Bryant Jr., 44, Harrisville, came before the court on a hearing to revoke probation.
Bryant was sentenced in 2017 to one to five years for manufacturing a controlled substance (marijuana). The sentence was suspended for five years on probation.
After failed drug tests, the defendant has served a period of sanction several times.
The latest test, on June 22, was positive for both marijuana and meth.
He was remanded to serve the rest of his sentence, with credit for 469 days.
Bryant was represented by Attorney Judith McCullough.
•Danny R. McClung, 61, Elizabeth, appeared on a motion to reinstate bond, which was revoked due to a positive drug screen.
McClung and another man, Brian F. Knight, were pulled over in July for an expired inspection sticker, and meth, marijuana and a quantity of cash were found in their vehicle.
Attorney Dustin Schirmer, filling in for William Summers, said McClung’s wife requires constant care due to health issues.
This is the defendant’s first felony, and Schirmer didn’t believe he would be a danger to the community.
Prosecutor Rogers countered that McClung does have an extensive criminal history, and has four felony counts against him in this latest case.
The motion to reinstate bond was denied, with the judge saying the defendant was obviously unable to refrain from using drugs.
“The court is apparently more sympathetic to his wife than he is,” he stated.
•Everett C. Headley, 71, Pennsboro, was arraigned on charges of fleeing from an officer in a vehicle with reckless indifference, fleeing from an officer in a vehicle while driving under the influence of alcohol and aggravated DUI.
Headley pled not guilty to the charges.
Prosecutor Rogers moved to set for trial this term of court, but would not object to a continuance.
Attorney Dustin Schirmer, filling in for William Summers, did ask to continue, which was granted.
A scheduling hearing is set for Jan. 25 at 1 p.m.
Headley’s bail was enlarged.