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Plea Agreements Rejected

January 28, 2015
Amy Witschey

Judge David W. Hummel Jr. rejected four plea agreements in Tyler County Circuit Court Jan. 21.

The action came as Hummel returned to preside over criminal circuit court in Tyler County after he and Judge Mark A. Karl switched assignments. Hummel said the rejections should not be considered a negative comment. "I just don't agree with them," he stated. "My opinion just differs."

However, one of the rejected agreements was renegotiated while other cases were being addressed and returned to the courtroom for execution.

Jonathan E. Glendenning, 25, of New Martinsville, pleaded guilty to four counts-two each of felony forgery and felony uttering. The other six counts-three each of felony forgery and felony uttering-were dismissed per the agreement. The original, rejected, deal would have had him pleading to two counts and dismissing eight.

Special Prosecutor Carl Bryant said evidence, had the case gone to trial, would show that Glendenning forged and uttered checks that did not belong to him at the Quick Stop in Middlebourne.

When asked to tell what made him guilty of the offenses, Glendenning said he and the victim, a girlfriend, got into an argument and he "grabbed the wrong checkbook from the top of the refrigerator."

Glendenning is to return to Tyler County Circuit Court on March 19, 9 a.m., for sentencing. That day he was to undergo a drug test and before the sentencing a pre-sentencing report and LS/CMI (Level of Service/Case Management Inventory) would be prepared by Probation Officer Bryan Hostetler. Defense Attorney John Gainer can file a written reply to the pre-sentence report by March 17.

Judge Hummel reminded Glendenning before the hearing was over that he is now a convicted felon and must abide by the law's requirements. He specifically mentioned that he cannot have any firearms.

"It's pretty upsetting, but I understand," replied Glendenning.

Plea agreements for the following were also rejected in court:

-Ryen M. Archer, 23, of Dodd Street, Middlebourne, who is charged with 13 felony counts: conspiracy to commit an offense against the state by conspiring with certain other individuals to manufacture methamphetamine, operating or attempting to operate a clandestine drug laboratory, possession of precursor with intent to manufacture methamphetamine, and 10 counts of manufacturing a controlled substance.

-Jeremy Keller, 35, of Third Street, Middlebourne, who is charged with the felonies of conspiracy to commit an offense against the state by conspiring with certain other individuals to manufacture methamphetamine and possession of precursor with the intent to manufacture methamphetamine.

-Gary L. Willey II, 33, of 145 Dry Run Road, Sistersville, who is charged with the felonies of conspiracy to commit an offense against the state by conspiring with certain other individuals to manufacture methamphetamine; operating or attempting to operate a clandestine drug laboratory; possession of precursor with intent to manufacture methamphetamine; manufacturing a controlled substance; and possession of a controlled substance with the intent to deliver.

Hummel noted he considers operating a methamphetamine lab to be a violent crime.

Judge Hummel is requiring that any and all motions in those cases be made by Feb. 2. They are to return to court on Feb. 9, when all motions will be heard and decided; trial dates will be set. "All matters in this court passed by Judge Karl will be set for trial," stated Hummel.

Several other cases on the docket that day in court were given identical timetables for future actions:

-Mary Bassett, 26, of Dry Run Road, Sistersville, is charged with conspiracy to commit an offense against the state, operating a clandestine drug laboratory, possession of precursor with the intent to manufacture methamphetamine, and manufacturing of a controlled substance.

-Tracy A. Keller, 46, of Dodd Street, Middlebourne, is charged with conspiracy to commit an offense against the state by allegedly feloniously manufacturing a Schedule II controlled substance (methamphetamine) and possession of precursor with intent to manufacture methamphetamine.

-Christina L. Boor, 44, of Dodd Street, Middlebourne, is charged with conspiracy to commit an offense against the state by allegedly feloniously manufacturing a Schedule II controlled substance (methamphetamine) and possession of precursor with intent to manufacture methamphetamine.

-Shelly R. Davis, 43, of Third Street, Middlebourne, is charged with conspiracy to commit an offense against the state by allegedly feloniously manufacturing a Schedule II controlled substance (methamphetamine) and possession of precursor with intent to manufacture methamphetamine.

 
 
 

 

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