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New indictees plead innocent

July 9, 2014
BY ED PARSONS - Staff Writer (eparsons@tylerstarnews.com) , Tyler Star News

Several persons indicted on drug charges by the June 2014 convention of the Tyler County grand jury entered pleas of innocence in Tyler County Circuit Court on Thursday.

Benjamin W. Davis, 40, of Middlebourne, appeared in court alongside his attorney public defender, John Gainer.

Davis is charged with 77 felony counts handed down in a 98-count indictment by the June 2014 convention of the Tyler County grand jury. The indictment charges 16 individuals with participating in drug related activity.

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Davis is charged in the indictment with one felony count of conspiracy to commit an offense against the state. He allegedly conspired with various other individuals to feloniously and unlawfully manufacture methamphetamine, a schedule 11 controlled substance, between the time of October 2012 and September 2013.

In addition, Davis is charged with four felony offenses of operating or attempting to operate a clandestine drug laboratory for the purpose of manufacturing methamphetamine, He was also handed 71 felony counts of manufacturing methamphetamine, all alleged to have occurred in Tyler County, between October 2012 and September 2013, and each occurring at a different time from the others.

The last charge in the indictment against Davis accuses him of the felony offense of possession of precursor with intent to manufacture methamphetamine. He is alleged to have possessed chemicals and materials which had been converted into a state or form in which they had not been intended to be commercially distributed.

Davis, who is presently incarcerated, appeared for arraignment and stood silent before the court as his attorney, John Gainer, asked the court to enter an innocent plea on his behalf. Judge Mark A. Karl entered the plea on his behalf for all 77 felony counts. Gainer told the court he felt they may be able to work something out and asked for a return date. Judge Karl ordered the defendant to return on July 28. He then remanded Davis back to jail.

Ryen M. Archer, 23, of Dodd Street, Middlebourne, appeared in court without counsel Thursday. He is charged with 13 felony counts in the 98-count indictment, which include one count of conspiracy to commit an offense against the state. He is alleged to have conspired with certain other individuals to feloniously and unlawfully manufacture methamphetamine. between the dates of October 2012 and September 2013.

Archer is also charged with a one count felony offense of operating or attempting to operate a clandestine drug laboratory between July 2013 and Sept. 5, 2013, at 1955 Veterans Highway, New Martinsville, in Tyler County.

Archer is facing 10 other felony charges from the 98-count indictment, each charging him with manufacturing of a controlled substance, having alleged to occur between July 2013 and Sept. 5, 2013, in Tyler County. Each charge is alleged to have occurred at a different time from the others.

Archer's last charge in the indictment alleges the felony offense of possession of precursor with intent to manufacture methamphetamine. This offense is to have occurred between Feb. 14, 2013, and Aug. 26, 2013. Archer, who is free on bond, was ordered to return to court on July 9. Due to a conflict with the Public Defender Corporation, the state is to come up with a list of attorneys for Judge Karl to appoint to represent the eligible defendants.

Jeremy Keller, 35, of Third Street, Middlebourne, appeared in court without counsel on Thursday for arraignment on two felony charges handed down by the June 10 term of the grand jury. Keller was named in two separate charges of a 98-count indictment. Count one of the indictment charges Keller with conspiracy to commit an offense against the state, by conspiring with certain other individuals to manufacture methamphetamine, in Tyler County between October 2012 and Sept. 5, 2013. Count 89 of the indictment alleges that on or about Oct. 11, 2012, to Aug. 15, 2013, in Tyler County, he committed the felony offense of possession of precursor with the intent to manufacture methamphetamine.

Judge Karl ordered Keller to return to court on July 29. He allowed his bond to continue with no objection from the state and told him he would assign a court appointed attorney to represent him.

Marc A. Baker, 30, of Elk Fork Road, Middlebourne, appeared alongside his attorney, Rodney C. Windom. Baker is charged by the June 10 grand jury with two felony counts in a special 98-count indictment charging 11 different individuals. Baker on Thursday pleaded innocent to one count of conspiracy to commit an offense against the state, in which he is accused of conspiring with 10 other defendants to manufacture methamphetamine, in Tyler County between October 2012, and Sept. 5, 2013.

He also pleaded innocent before the court to count 91 of the indictment which accuses him of possession of precursor with intent to manufacture methamphetamine, having occurred between May 6, 2013, and Aug. 16, 2013, in Tyler County.

After being arraigned, Baker was ordered to return to court on July 28. Without objection from the state Baker's bond was allowed to continue. Karl told him to stay in touch with his attorney.

Christina L. Boor, 44, of Dodd Street, Middlebourne, appeared in court Thursday without counsel. Boor was indicted by the June 10 grand jury on two felony drug related offenses. The two charges are part of a 98-count indictment involving 11 defendants.

Boor is charged in count one of the indictment with conspiracy to commit an offense against the state. The offense is alleged to have occurred between October 2012 and Sept. 5, 2013, in Tyler County. She is also charged in count 92 of the indictment with the felony offense of possession of precursor with intent to manufacture methamphetamine, a schedule 11 controlled substance.

Karl ordered her to return to court on July 28. She was allowed to remain free on bond and an attorney will be assigned to represent her.

Shelly R. Davis, 43, of Third Street, Middlebourne, also appeared in court without counsel. She has been indicted by the grand jury on two counts of the 98-count indictment. Count one of the indictment charges her with the felony offense of conspiracy to commit an offense against the state. She is alleged to have conspired with 10 other individuals for the purpose of manufacturing methamphetamine, between October 2012 and Sept. 5, 2013, in Tyler County.

Davis is also charged in count 93 of the indictment with the felony offense of possession of precursor with intent to manufacture methamphetamine. The offense is alleged to have occurred between Oct. 22, 2012, and Aug. 28, 2013, in Tyler County. Judge Karl ordered her to return to court on July 28. She will be appointed an attorney prior to the return date.

Dakota M. Folger, 18, of Fair Street, Middlebourne, appeared in court Thursday for arraignment alongside his attorney Theodore L. Tsoras. Folger was charged with two felony counts in the June 10, 98-count indictment handed down by the grand jury. Count one charges Folger with conspiracy to commit an offense against the state by conspiring with certain other individuals for the purpose of manufacturing methamphetamine, between October 2012 and Sept. 5, 2013, in Tyler County.

Folger is also charged in count 94 of the indictment with the felony offense of possession of precursor with intent to manufacture methamphetamine, having alleged to occur on or about July 25, 2013, and Aug. 30, 2013, in Tyler County.

Folger, who is free on bond, pleaded innocent to the charges. Judge Karl ordered him to return to court on Aug. 7. With no objection from the state, his bond was allowed to continue. He was told to stay in contact with his attorney.

Tracy A. Keller, 46, of Dodd Street, Middlebourne, appeared in court without counsel for arraignment on two felony charges handed down in a 98-count indictment by the June grand jury. Count one of the indictment charges her with conspiracy to commit an offense against the state for the purpose of manufacturing methamphetamine, alleged to have occurred between October 2012 and Sept. 5, 2013 in Tyler County.

Count 95 of the indictment alleges the felony offense of possession of precursor with intent to manufacture methamphetamine on or about Oct. 1, 2012, and Aug. 30, 2013, in Tyler County.

Judge Karl told her he would appoint counsel to represent her. She is on bond and with no objection from the state her bond will continue. She was ordered to return to court on July, 28.

Brock I. McMahon, 23, of 400 West Main Street, Paden City, appeared without counsel for arraignment on Thursday. McMahon was indicted on two felony charges as part of a 98-count indictment handed down by the grand jury on June 10. Count one of the indictment charges McMahon with conspiracy to commit an offense against the state, by conspiring with certain other individuals to manufacture methamphetamine a schedule 11 controlled substance. The offense is alleged to have occurred between October 2012 and Sept. 5, 2013 in Tyler County.

McMahon was also named as the defendant in count 96 of the indictment by being charged with possession of precursor with intent to manufacture methamphetamine. He is alleged to have possessed certain chemicals in a state or form which was or had been converted from the state or form in which they were commercially distributed. The offense allegedly occurred between July 28, 2013, and Aug. 28, 2013, in Tyler County.

Judge Karl, with no objection from the state, allowed McMahon to remain free on bond. He was told an attorney would be appointed to represent him. Karl ordered him to return to court on July 28.

Steven D. Shepherd, 52, of Steele Street, Middlebourne, appeared without counsel for arraignment on two felony charges handed down in a 98-count indictment from the June 10 Tyler County grand jury. Shepherd is charged in count one of the indictment with conspiracy to commit an offense against the state, by conspiring with others to manufacture methamphetamine a schedule 11 controlled substance. The offense is alleged to have occurred between October 2012 and Sept. 5, 2013, in Tyler County.

Shepherd is also charged in count 97 of the indictment with the felony offense of possession of precursor with intent to manufacture methamphetamine a schedule 11 controlled substance. The offense is alleged to have occurred between Oct. 28, 2012, and Aug. 25, 2013, in Tyler County.

Shepherd's bond was allowed to continue and Judge Karl told him he would appoint counsel to represent him. He was ordered to return to court on July, 28.

Shirl N. Baker III, 34, of Temple Circle, Sistersville, appeared in court with his appointed attorney, Shane Mallett. Baker was arraigned on two separate indictments charging him with 44 separate felony counts. Count one of a 98-count indictment charges Baker with the felony offense of conspiracy to commit an offense against the state, having alleged to occur between October 2012 and Sept. 5, 2013, in Tyler County. Count 98 of the same indictment accuses Baker of the felony offense of possession of precursor with intent to manufacture methamphetamine, having alleged to occur on or about Oct. 26, 2012, to Aug. 30, 2013, in Tyler County.

The second indictment against Baker charges him in count one with the felony offense of conspiracy to commit an offense against the state, by conspiring with five other individuals for the purpose of manufacturing methamphetamine from October 2013 to Feb. 28, 2014, in Tyler County.

Count two of the indictment charges Baker with the felony offense of exposure of children to methamphetamine manufacturing, alleged to have occurred on or about October 2013 to Feb. 28, 2014, in Tyler County.

Count three charges Baker with the felony offense of operating or attempting to operate a clandestine drug laboratory. The offense is alleged to have occurred between October 2013 and Feb. 28, 2014, at 103 Temple Circle , Sistersville.

Counts five through 44 of the indictment charge Baker with the felony offenses of manufacturing of a controlled substance. Each count is alleged to have occurred between October 2013 and Feb. 28, 2014, and each at a different time than any of the other counts of manufacturing a controlled substance in this indictment.

Count 45 of the indictment charges Baker with the felony offense of possession of precursor with intent to manufacture methamphetamine, alleged to have occurred between October 2013 and Feb. 5, 2014, in Tyler County.

Baker, on the advice of his attorney, stood silent and the court ordered an innocent plea on all counts of the indictments on his behalf. Judge Karl ordered Baker to return to court on July 29 for a possible plea agreement. Karl ordered he be remanded to jail.

Brandy L. Goding, 33, of Temple Circle, Sistersville, received a three-count felony indictment from the Tyler County grand jury. She appeared before the court on Thursday without counsel for arraignment. Golding in charged in count one of a 50-count indictment with conspiracy to commit an offense against the state, by having conspired with certain other individuals to manufacture a schedule II controlled substance methamphetamine. The alleged crime was to have occurred between October 2012 and Feb. 28, 2014, in Tyler County.

Goding is also charged in count two of the indictment along with Shirl N. Baker III with the felony offense of "exposure of children to manufacturing methamphetamine" by knowingly causing two minor children to be present in a location where methamphetamine is manufactured. The offense is alleged to have occurred between October 2013 and Feb. 28, 2014, in Tyler County.

Count 46 of the indictment accuses Goding with the felony offense of possession of precursor with intent to manufacture methamphetamine, allegedly occurring between Oct. 11, 2013, and Jan. 17, 2014, in Tyler County.

Goding was told by Judge Karl that she would have an attorney appointed to her between now and July 28. Bond had not yet been set and Prosecutor Luke Furbee requested bond of $5,000 cash/surety. Judge Karl set bond at that amount and told Goding she had until July 7 at 4 p.m. to make bond. Karl also ordered her to return to court on July 28.

Joshua R. Smith, 29, of S. Chelsea Street, Sistersville, appeared in court alongside his attorney, Kevin Neiswonger, for arraignment on two counts of the 48-count indictment returned by the June grand jury. Smith is charged in count one of the indictment with the felony offense of conspiracy to commit an offense against the state. It is alleged that between October 2013 to Feb. 28, 2014, in Tyler County, he conspired with five other individuals for the purpose of manufacturing of methamphetamine.

Smith is also charged in count 48 of the indictment with possession of precursor with intent to manufacture methamphetamine. The offense is alleged to have occurred between Nov. 27, 2013, and Jan. 31, 2014, in Tyler County.

Smith pleaded innocent to charges on Thursday and his attorney requested discovery in the case. Judge Karl, with no objection from the state, allowed bond to continue and ordered Smith to return to court on July 29. He was told to stay in touch with his attorney.

Kristen M. Cross, 21, of Buck Run, Sistersville, failed to appear in court for arraignment on two felony charges in the 48 count indictment. Judge Karl issued a capias for her arrest.

William M. Wells II, 24, of Next Road, Sistersville, was scheduled for arraignment on two felony counts of the indictment. His case was passed until July 28 because his attorney, Thomas White, was unable to be in court Thursday.

Amanda R. Long, 29, presently incarcerated on drug charges from Wetzel County, appeared in court without counsel for arraignment on two felony counts of drug related activity in Tyler County. The grand jury handed down a 50-count indictment naming Long in two counts. Count one charges her with conspiracy to commit an offense against the state. She is alleged to have conspired with other to manufacture methamphetamine from October 2013 to Feb. 28, 2014, in Tyler County.

Count 50 of the indictment charges Long with the felony offense of possession of precursor with intent to manufacture methamphetamine. She is alleged to have committed the offense from Dec. 4, 2013, to Feb. 8, 2014, in Tyler County.

Long told Judge Karl she had pleaded guilty to drug charges in Wetzel County on June 12 and she didn't know why she was in court Thursday. Karl explained to her that she had been indicted by the Tyler County grand jury on the two counts. He told her an attorney would be appointed for her and ordered her to return to court on July 29. She was then remanded back to jail.

 
 

 

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