HARRISVILLE, W.Va. — The majority of pre-trials on the docket for Feb. 15 were continued until the next term in Ritchie County Circuit Court.
Scheduling conferences are set for June 6 at 1 p.m. for those cases.
Benjamin E. Crouch, 38, Berea, saw his trial delayed after Attorney Dreama Sinkkanen reported receiving relevant information too late to be reviewed.
The defendant was indicted in June 2022 on charges of child abuse resulting in injury, domestic battery, domestic assault and wanton endangerment involving a firearm.
His bail was enlarged.
Travis Pridemore, 28, Harrisville, represented by Attorney Judi McCullough, will see his case extended until the next term of court.
He was charged for child neglect creating risk of injury, after transporting a young juvenile on an off-road motorcycle. No helmet was used.
Bail was enlarged.
Garrett Streets, 23, Harrisville, was charged with possession of a controlled substance with intent to deliver (marijuana).
Attorney McCullough asked to have the case continued until the next term of court.
Bail was enlarged.
Jeffrey L. Bailey, 43, Ellenboro, appeared on charges of grand larceny and destruction of property.
The defendant took a cattle trailer, the property of Ronald Casto, and then defaced it by cutting it apart to make a car trailer.
Attorney Ira Richardson represented Bailey that day, and commented there was ongoing discovery and a psychology evaluation to be conducted. He asked for a continuance.
Bail was enlarged.
Ace Voliva, 19, Belhaven, N.C., was recently indicted on strangulation and domestic battery charges.
Officers were dispatched to Mykayla Lane in Harrisville for a dispute. He had been dropped at Walgreen’s and was found there. He admitted to choking his wife and punching her in the face.
Attorney Richardson requested to continue the case until the next term, as discovery must be sorted out.
He was remanded back to North Central Regional Jail.
Robert A. Davis Jr., 45, Davisville, will have his case forwarded to the next term of court.
He was indicted on wanton endangerment involving a firearm and person prohibited from possessing a firearm, after a verbal altercation at his home.
His attorney asked to continue.
Bail was enlarged.
Anthony D. Farr, 36, Bridgeport, who is housed at Pruntytown, was represented by McCullough.
His indictments included fraudulent schemes, obtaining money by false pretense (three counts), misconduct of a notary public, and practicing law without a license.
The case was continued.
Elizabeth M. Saxton, 33, Parkersburg, was charged with child neglect resulting in death and concealment of deceased human body. She allegedly gave birth at home, did not seek help for the child, and hid the body.
Attorney McCullough requested the case be continued until the next term of court.
Saxton was remanded back to North Central Regional Jail.
Sunrak S. Spencer, 38, Auburn, was charged with possession of a controlled substance with intent to deliver (meth).
Attorney Betty Gregory reported outstanding discovery and that she had just received the drug lab report that day. She asked the case be moved to the next term, which was granted.
Bail was enlarged.
Bobby L. Shamblin, 23, Auburn, appeared on charges of malicious assault, strangulation child abuse resulting in injury and domestic battery.
The incident occurred at home, where the defendant had an altercation with his stepson.
Attorney David Glover requested a continuance for the next term of court.
Bail was enlarged.
Douglas T. Robinson, 32, Cairo, had his case continued until the June term of court.
He was charged with intimidation of a witness, failure to appear, malicious assault and strangulation from two different indictments, where he had altercations with his ex-girlfriend.
Attorney Glover represents Robinson.
He was remanded back to North Central Regional Jail.
J. D. Lambert, 47, Harrisville, was charged with wrongful injury to timber, and conspiracy, after removing timber without permission. The value was evaluated at over $6,800.
The defendant did not appear in person and had not signed a motion to continue with the court.
Judge Sweeney told Attorney William Morris rather than issue a capias, to see if Lambert could be available by the end of the day.
Resuming later that afternoon, Attorney Morris stated that Lambert was at least two hours away and wanted to do a telephonic hearing.
The judge denied that request. At first, he commented that if the defendant wasn’t in court by 4:30, then a capias would be ordered. Instead, the matter was continued until Feb. 17.
On Friday, Lambert was in court and with no objections, his case was continued until the next term.
Prosecuting Attorney Sam Rogers reported that the defendant failed a drug screen that morning, registering positive for meth. The test will be sent for confirmation.
Bail was enlarged; however, in the event of the screen being confirmed, the State can file a motion for revocation of bond.
Raymond M. Sellers, 64, Harrisville, was indicted on charges of delivery of a controlled substance (five counts), conspiracy to commit a felony violation (four counts), and possession of a controlled substance with intent to deliver.
Rogers said a motion was filed to suppress audio/video recordings. He agreed to void count one, since the warrant was issued two days after the initial activity; however, the others should remain because they were conducted afterwards. The buys made beyond Nov. 15 would be covered. “There was more probable cause than the audio/video for a warrant.”
Sweeney said, “Nothing prohibits individual observations outside what may have been recorded by audio/video. Anyone who observed has information to relate in the criminal investigation. The affidavit detailed the information in how the confidential informant conducted the purchase. Probable cause can be found through the informant.”
The judge said the audio/video would not be used.
Attorney Dyer will attempt to set a plea date.
Bill J. Bailey, 53, will see his case continued until next term of court.
He was charged with sexual assault in the second degree, sexual abuse by a parent, guardian, custodian or person of trust (two counts), and sexual abuse in the first degree.
Bail was enlarged.
Attorney Glover represents the defendant.
Randall T. Echard Jr., 33, Harrisville, was indicted twice on charges of driving revoked for DUI, third offense, and fleeing from an officer.
The defendant had been charged with DUI in 2017 and 2019, and also fled from an office.
His attorney, Joe Munoz, asked to continue to the next term of court. “We have not reached an agreement yet, but should resolve it before then.”
Echard was remanded to North Central Regional Jail.
Sentencings
Kenneth L. Miracle, 29, Pennsboro, was indicted on charges of sexual assault in the third degree and sexual abuse by a parent, guardian, custodian, or person of trust.
The defendant is to be sentenced Mar. 17.
Bail was enlarged.
Andrea A. Cummings, 46, Leon, pled guilty to possession of a controlled substance with intent to deliver and the remaining charge of possession was dismissed.
In June 2022, she was found attempting to get into her car at McDonald’s, Ellenboro, and said her keys were locked inside. A plastic pill bottle was in the passenger seat and she also advised that she had meth in her purse.
Attorney Riley asked that the defendant be placed at Recovery Point, Charleston, to attend a program and a bed was available.
Prosecutor Rogers did not object, but questioned bond. He said she was found with seven separate bags of drugs, and that she had intent with that much in possession.
Attorney Riley corroborated that Cummings was delivering and not just using, due to the amount of drugs found.
Judge Sweeney accepted the plea and dismissed the remaining count, asking for a pre-sentence investigation to be conducted. She must also pay restitution.
Cummings’ attorney wanted to know about a post-conviction bond to attend the rehab facility. No bond was in place since she was revoked previously.
The court would allow the defendant to be reinstated to bail through Atkinson’s and do away with the issue to modify bond.
“You must follow the rules at Recovery Point. If you don’t comply with the program, it is a violation of bond and you will be revoked. If you get out, when sentence occurs, be here in person,” said Judge Sweeney.
Sentencing is set for May 17 at 1:45 p.m.
Cummings was scheduled to be admitted to the rehabilitation program as soon as paperwork was completed.
Set for plea hearings
Jessica Walton, 32, Berea, was charged with delivery of a controlled substance within 1,000 feet of a school, conspiracy to commit delivery of a controlled substance (three counts), conspiracy to commit delivery of a controlled substance (two counts) and child neglect.
According to Attorney Judi McCullough a plea hearing is set for Feb. 22.
Kevin A. Sheffer, 26, Seminole, Fla., will attend a plea hearing on Feb. 22 at 10 a.m.
He was indicted on the charge of fleeing from an officer in a vehicle with reckless indifference after leading officers on a high-speed chase on Rt. 50, going at one point 113 mph on a motorcycle.
He was represented by Attorney Judi McCullough.
Jason L. Strickler, 44, Newport, Ohio, was charged with fleeing from an officer in a vehicle with reckless indifference and third offense driving while license revoked for DUI.
Attorney Dyer said the case was headed in the direction of a plea and asked that the defendant’s bond be addressed.
Judge Sweeney denied that. “The trial is scheduled for Feb. 27. If a plea is set, you can vacate the trial, if needed.”
Donald Anderson, 36, Walker, and Attorney Morris requested a plea agreement and hearing, which was set for Feb. 17.
The defendant was indicted on charges of burglary and grand larceny (four counts), after taking a all-terrain vehicle, a Polaris UTV and several tools valued over $1,000, plus entered an outbuilding near Smithville to do so.
Bail was enlarged.
Failure to appear
Andy Abbott Jr., 36, Chapmanville, indicted for failure to provide support to a minor, did not appear for his pre-trial hearing.
He is reportedly over $20,000 in arrears.
When Sweeney asked of his whereabouts, Attorne McCullough remarked that she did not know. “I have had no contact with him.”
The judge said the matter would be continued until the defendant was taken into custody.
Probation and revocation
Amber L. Deem, 35, Harrisville, appeared Feb. 17 on a probation revocation.
She was sentenced to one to five years in jail for child neglect creating risk of injury. The court suspended the sentence and placed the defendant on supervised probation for three years.
On Jan. 5, Probation Officer James Conley met Deem and she appeared to have speech and behavior similar to being on drugs. The next day, a test confirmed positive results for methamphetamine and amphetamine.
At another home visit one week later, Chief Probation Officer Crystal Jenks performed a follow-up test that showed Deem had consumed meth.
While visiting at the home, it was observed that the defendant’s father had several guns, which is in violation of supervision.
Attorney Keith White asked to waive the preliminary hearing and admit to the charges. He reported that Deem had served 17 of her 30 days in jail, as required.
The State wanted the addition of the defendant reporting to Day Report, along with terms and conditions when returned to bond, upon release.
Sweeney countered and made the probation to include substance abuse monitoring, or a program prescribed by the officer.
