A husband and wife pleaded guilty and were sentenced in Tyler County Circuit Court Aug. 22.
Steven Michael Roberts, 35, of 1339 North State Route 2, New Martinsville, pleaded guilty to attempted malicious wounding. He was sentenced to one to three years in the West Virginia Penitentiary for Men with credit for time served. He is also to make restitution in the amount of $127 to the victim with any more restitution for medical expenses to be determined by the court.
The court agreed to dismiss counts two, three, and four-entry of a building other than a dwelling, unlawful restraint, and petit larceny.
Steven Michael Roberts
Prosecutor Luke Furbee told the court that the state's evidence would show that on May 19 Sheriff's Deputy Scott Dalrymple was dispatched to CAM Logistics at the intersection of state Route 180 and Elk Fork Road. The victim gave a statement that when she was changing her shift as security guard there with the defendant's wife, Roberts entered the guard shack with rubber gloves and carrying a baseball bat. He allegedly ransacked the guard shack, slapped her to the floor, put the baseball bat at her throat, pressed on it, and made threats relevant to an argument between the two women. Furbee said a photo of the victim clearly shows the bruise on her throat. Police recovered a glove tossed along state Route 180. The victim's cell phone, which was allegedly taken, was never found. Furbee said the baseball bat was recovered from Roberts' residence in New Martinsville.
"We would offer all of that as evidence," finalized Furbee.
Roberts has charges pending in Texas. The court advised Roberts of his right to make a formal request to Texas, then Texas has to act, or their rights may be dismissed.
Roberts' wife, Miranda Clossen, 24, also of 1339 North State Route 2, New Martinsville, but now of Shinnston, pleaded guilty to misdemeanor unlawful restraint in regard to the above described incident.
"I was upset with two co-workers and I kept her in our work trailer against her will," said Clossen.
Karl sentenced her to the North Central Regional Jail for six months, with credit for time served. However, he suspended the sentence and placed her on probation for one year. While on probation she must pay the costs of prosecution, including court appointed attorney fees, and she will be subject to random drug and alcohol screening.
Charges of attempted malicious wounding and petit larceny were dismissed.
In other court matters, Coy L. Moffitt, 31, and Mary L. Moffitt, 25, both of Tyler County, appeared in Tyler County Circuit Court Aug. 22 on their identical 10-count indictments. They are each charged with grand larceny, breaking and entering a building other than a dwelling, forgery, uttering, two counts of burglary, and four counts of petit larceny.
Both of them are to return to court on Sept. 5 at 10 a.m. and had their bonds set at $20,000.
The case of Ronald Morgan III, 37, of HC 60 Box 92, Pine Grove, was passed until Sept. 5, 10 a.m., to give the defense more time to obtain and review a file from Morgan's previous counsel, Roger Weese. Current Defense Counsel Shane Mallett said that while he was able to get discovery from both Wetzel and Tyler counties, he is still missing the file from Weese, who is in the process of closing his legal practice.
"I don't know what's in that file. . . my client tells me (the contents) may be necessary for that case." said Mallett. Judge Karl agreed to include an order for Weese to get the file to Mallett.
Morgan is the subject of an indictment issued by the October 2012 term of the grand jury. Morgan is charged with two counts of grand larceny, conspiracy to commit an offense against the state, and destruction of property. Morgan's bond continues.
The case of Gary Willey Jr., 33, of Rt. 2 Box 230A, New Martinsville, was continued until Sept. 5, 10 a.m. He is charged with two counts of embezzlement.
In the interim two-week period he is to retain legal counsel. He was previously represented by Shane Mallett, public defender. However, since the case began Willey's income has increased, making him ineligible for court-appointed counsel.
"You need to make arrangements because you're now employed, you have income, you're not eligible for court-appointed counsel," said Karl.
His bond will continue.
Also, Cory Moore was returned from the Anthony Center and placed on 24 months supervised probation, to be reviewed after 12 months. He had pleaded guilty to grand larceny last year and had probation revoked. Judge David Hummel sent him to the Anthony Center.
Judge Hummel also ordered him to report to the new Wetzel-Tyler Day Report Center for an initial assessment once it is in operation.