Sign In | Create an Account | Welcome, . My Account | Logout | Subscribe | SUBMIT News | Home RSS
 
 
 

Judge Karl sets returns for indictees

August 27, 2014
BY ED PARSONS - Staff Writer (eparsons@tylerstarnews.com) , Tyler Star News

Judge Mark A. Karl continued the cases of several defendants who appeared in Tyler County Circuit Court Thursday.

Douglas R. Kimball, 36, of 173 3rd Ave., Bridgeway Addition, Middlebourne, and presently incarcerated, appeared with his attorney, Brent Clyburn. Kimball was present for further proceedings in the case charging him with the felony offense of possession of a controlled substance with the intent to deliver, having alleged to occur on July 30, 2013, in Tyler County.

Clyburn told the court he had just received the state's information response this past Monday and had not had enough time to go over it. He said he would like to have a return date. Judge Karl set a return date of Sept. 4. He remanded Kimball to jail.

Benjamin W. Davis, 40, of Middlebourne, charged by the June term of the Tyler County grand jury on 77 felony offenses of drug related activity, all alleged to have occurred between October 2012 and September 2013. He appeared in court on Thursday alongside his attorney, John Gainer of the public defender corporation. Davis has previously pleaded innocent to the charges during a formal arraignment hearing.

On Thursday Gainer told the court he had received a plea offer from the state and needed more time to go over it with his client. Judge Karl passed the case until Sept. 4. Davis was remanded to jail.

Marc A. Baker, 30, of Elk Fork Rd., Middlebourne, failed to appear for his hearing on Thursday. He is charged with two felony counts of drug related activity, handed down by the June term of the grand jury in a special 98-count, multiple-defendant indictment. Judge Karl passed the matter until Sept. 4 and issued a summons for Baker's appearance on that date.

Brandy L. Golding, 33, of Temple Circle, Sistersville, received a three-count felony indictment from the June term of the grand jury. She is charged with conspiracy to commit an offense against the state in count one. Count two charges her with the felony offense of exposure of children to manufacturing of methamphetamine. She is also charged with possession of precursor with intent to manufacture methamphetamine. All the charges are alleged to have occurred between October 2012 and September 2013, in Tyler County.

Golding appeared in court alongside her attorney Phillip Bowser for further proceedings in her case. She had previously pleaded innocent to the charges. Bowser told the court on Thursday his client had made application for drug court. He also said they are having preliminary discussions on a plea offer made by the state. He requested more time. Judge Karl continued the case until Sept. 4. Goding's bond was allowed to continue and she was ordered back to court on Sept. 4.

Stephen D. Shepherd, 52, of Steele St., Middlebourne, appeared with his attorney, Rocco E. Mazzei. Shepherd has previously pleaded innocent to two felony charges of drug related activity handed down by the June term of the Tyler County grand jury. The charges are alleged to have occurred between October 2012 and September 2013.

Shepherd's attorney told the court he is in the process of plea negotiations with the state in hopes of resolving this matter in the next week or two. He also requested from the court permission for his client to leave the state on Aug. 29, 30, and 31, to visit with his father-in-law who is very sick. Judge Karl ruled he may leave the state to attend to family matters. He set a return date of Sept. 4 and ordered Shepherd to appear at that time. His bond was allowed to continue.

Joshua R. Smith, 29, of South Chelsea St., Sistersville, failed to appear for further proceedings in the case charging him with two felony counts of drug related activity handed down by the June term of the grand jury.

Judge Karl asked Smith's attorney, Kevin Neiswonger, if he knew where his client was. Neiswonger said he had met with his client after his last hearing and had helped him enter the hearing date into his phone. He said he had talked to Smith a little while ago and somehow he had the wrong date, he thought it was the next day. Judge Karl passed the case until Sept. 4 and issued a summons of Smith's appearance on that date.

William M. Wells, 24, of Next Rd, Sistersville, appeared alongside his attorney, Thomas White. Wells is charged with two felony counts of drug related activity involving methamphetamine handed down by the June term of the grand jury. Both offenses are alleged to have occurred between October 2012 and September 2013.

White filed three motions with the court on Thursday: a motion to dismiss, another motion of bill of particulars, and a motion for a separate trial. Judge Karl entered them into the record. He then ordered Wells to return to court on Sept. 4. His bond was allowed to continue.

Clifford Jackson Jr., 53, of South State Route 2, Sistersville, is charged with three separate felony counts of delivery of a controlled substance hydrocodone/acetaminophen (vicodin), a schedule III controlled substance. All three offenses are alleged to have occurred between March 23 and April 10 in Tyler County. Jackson appeared in court alongside his attorney, John Butler, for further proceeding in the case Thursday.

Butler told the court that Jackson had recently been dealing with a family tragedy, slowing the ongoing plea discussions. He requested more time to go over discovery and meet with his client. Judge Karl allowed bond to continue for Jackson and ordered him to return to court on Sept. 4.

Jason T. Shepherd, 31, of Stealey Street, Middlebourne, appeared in court alongside his attorney, John Gainer. Shepherd is facing felony retaliation against a witness having alleged to occur on March 5 and four misdemeanor counts of delivery of a controlled substance, alleged to have occurred between Feb. 4 and March 4.

Gainer told the court that an agreement in principal had been reached and they were trying to work out the particulars. Judge Karl allowed Shepherd's bond to continue and ordered him to return to court on Sept. 4.

Richard D. Hooks, 40, of Rippentuck Road, Friendly, appeared alongside his attorney, Kevin Neiswonger. He is charged with third-offense driving under the influence of alcohol to have occurred on Nov. 22, 2013, in Tyler County. Neiswonger said he had received a plea offer from the state and has given a counter offer. "We are trying to find a solution to this matter," said Neiswonger.

Judge Karl allowed Hooks to remain on bond and ordered him to return to court on Sept. 4.

DeWayne A. Nutting, 29, presently incarcerated, appeared with his attorney, John Gainer, for a possible plea. He is facing two felony counts, child abuse resulting in injury against a child under the age of 18 and malicious assault, and a misdemeanor charge of domestic battery. All are alleged to have occurred on Dec. 4, 2013, in Tyler County.

Gainer told the court he thinks they have a plea agreement and just need to work out the details. Judge Karl passed the case until Sept. 4. Nutting was remanded to jail and ordered to return at that time.

Randy L. Kuehne, 43, of South Bloomfield, Ohio, represented by public defender John Gainer, failed to appear in court on Thursday. He was, however, present at the courthouse. But according to his attorney he became sick and was unable to stay for the hearing. Gainer requested the case be continued until September. Judge Karl, issued a summons for his appearance on Sept. 4.

Kuehne is charged by the February term of the grand jury with the felony offense of failing to meet an obligation of child support.

Steven D. Dulaney, 53, of Petroleum Road, Petroleum W.Va., appeared with his attorney, John Gainer of the public defender corporation. Dulaney is charged with third-offense DUI, alleged to have occurred on April 13 in Tyler County. He was indicted by the June term of the Tyler County grand jury. Thursday's hearing was set for a possible plea. However, Gainer told the court he could no longer represent Dulaney because he was now working making $53 an hour.

Judge Karl told Dulaney he would have to employ counsel since he doesn't meet the income requirements for the public defender. He told him to search for a new attorney and return to court with him on Sept. 4. Dulaney's bond was allowed to continue.

 
 
 

 

I am looking for:
in:
News, Blogs & Events Web