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Trial date set in Shriver case

August 13, 2014
BY ED PARSONS - Staff Writer (eparsons@tylerstarnews.com) , Tyler Star News

Howard Paul Shriver, 34, of Shinnston, W.Va., appeared in court on Thursday to request a trial date in his ongoing case.

Defense Attorney Jay Gerber told the court negotiations have broken down and it doesn't appear there will be a resolution. Judge Mark A. Karl selected Sept. 29 for a trial and told both the defense and the prosecution to exchange their final witness lists at least 10 days prior to the trial date. He told Shriver to appear at that time and to stay in contact with his attorney.

Without any objection from the state, Shriver's $50,000 bond and home confinement were allowed to continue.

Shriver is charged in an 11-count indictment handed down by the February 2013 grand jury. Shriver allegedly used an axe-like weapon Oct. 8, 2012, in an attempt to break into a home and attack his wife and two young children.

On July 30 Judge Karl denied a request to suppress some evidence.

Also on July 30 Gerber asked the court to grant his client permission to return between Aug. 1 and Sept. 1 to his former residence to retrieve his personal belongings from the house and barn. Gerber said Shriver and his wife are getting divorced and they both have been evicted from the property by the owner. He said he believes she no longer resides there and the owner is selling the property to a third party. They have given Shriver 30 days to remove his belongings.

Karl asked Prosecutor Furbee if he had any objections. Furbee responded he would like to be made aware of the date Shriver will be there. Gerber said he would notify Furbee and even would request a sheriff's deputy be present.

Gerber said part of his client's bond condition prevents him from going to that property and that is why he is seeking the court's permission.

Judge Karl allowed the request, which is to be coordinated with Marion County officials.

Also in court Thursday, Kristen M. Cross, 21, of Buck Run, Sistersville, appeared in court with her attorney, Justin Craft, for further proceedings in the case charging her with three felony offenses handed down by the June term of the grand jury. Count one charges that her with conspiracy to commit an offense against the state, count four of the indictment charges her with exposure of a child to methamphetamine manufacturing, and count 47 charges her with possession of precursor with intent to manufacture methamphetamine. All the alleged offenses are to have occurred between October 2013 and February 2014.

Craft told the court he had received discovery from the state and also a plea offer. He said he had not had time to study it or go over it with his client. He asked for more time in the matter and for the court to allow her bond to continue. Judge Karl set a return date of Sept. 4 and ordered her to return at that time. With no objection from the state, her bond was allowed to continue.

Dakota M. Folger, 18, of Fair Street, Middlebourne, appeared alongside his attorney, Theodore L. Tsoras, for further proceedings.

He is charged with two felony counts in the June indictment handed down by the Tyler County grand jury. Both offenses allege his involvement in illegal drug activity between October 2012 and September 2013. Tsoras told the court he had been provided with discovery in the case by the state and a plea agreement offer had been made.

He said he would like some more time to go over it with his client. Judge Karl passed the matter until Sept. 4.

He ordered Folger to return to court at that time. His bond was allowed to continue with no objection from the state.

Shelly R. Davis, 43, of Third Street, Middlebourne, appeared alongside her court appointed attorney, Dreama D. Sinkkanen, for a hearing on further proceeding in her case alleging involvement in illegal drug activity. She is named in a two-count felony indictment handed down by the June term of the Tyler County grand jury.

She is charged with conspiracy to commit an offense against the state and possession of precursor with intent to manufacture methamphetamine. Both offenses are alleged to have occurred between October 2012 and September 2013.

Sinkkanen told the court she had received discovery form the state but had not yet gone over it. She asked to have more time to study it and confer with her client. Judge Karl passed the case until Sept. 4 and ordered Davis to return at that time. She was told to stay in contact with her attorney; her bond was allowed to continue.

Jeremy M. Keller, 35, of Third Street, Middlebourne, charged with two felony offenses of drug related activity, handed down by the June term of the grand jury, appeared in court Thursday. Keller, alongside his attorney, Eric C. Powell, were in court for further proceedings in the case. He is charged with conspiracy to commit an offense against the state and possession of precursor with intent to manufacture methamphetamine.

Both offenses are alleged to have occurred between October 2012 and September 2013.

Powell told the court he had been provided with discovery and a plea offer had been made by the state. He said he would need more time to study over the material and to confer with his client.

He would like to make a pre-trial motion and have time to respond to the state.

Judge Karl granted his requests and ordered Keller to return to court on Sept. 4. He was told to stay in contact with his attorney and his bond was allowed to continue.

Tracy A. Keller, 46, of Dodd Street, Middlebourne, appeared in court alongside her attorney, Jessica Myers, on Thursday for further proceedings in the case charging her with two drug related felony offenses.

Keller was charged by the June grand jury in count one of a 98-count indictment with the felony offense of conspiracy to commit an offense against the state, and in count 95 with possession of precursor with intent to manufacture methamphetamine.

Both charges are alleged to have occurred between October 2012 and September 2013 in Tyler County.

Myers told the court the state had provided discovery and she needs more time to go over it. She also said a plea offer had been made by the state and she believes something will be worked out. Judge Karl ordered Keller to return to court Sept. 8. She was told to stay in contact with her attorney and bond was allowed to continue.

Christina L. Boor, 44, of Dodd Street, Middlebourne, appeared in court alongside her attorney, Robin Bonovitch, for formal arraignment. Boor is charged with two counts of illegal drug related activity through an indictment handed down in June by the grand jury.

Boor faces charges of allegedly conspiring to commit an offense against the state and possession of precursor with intent to manufacture methamphetamine. Both charges are alleged to have occurred in Tyler County between October 2012 and September 2013.

Bonovitch told the court her client had read the indictment and was ready to enter a plea. She then entered a plea of innocent to the charges before Judge Karl.

Karl granted a motion from Bonovitch for discovery, which he said could be done by mail. He then ordered Boor to return to court on Sept. 4. She was allowed to remain free on bond.

 
 

 

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