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Morgan sentenced in Tyler County court

By Staff | Oct 7, 2009

A combination of sentencing will land a Paden City man in jail for two years.

Kevin Morgan, 34, of 133 Miller Street, pleaded guilty to second offense DUI, second offense driving on a license revoked for DUI, and DUI with bodily injury. Sentenced on those charges, Morgan is facing one year in jail on each charge to be served consecutively and ordered him to pay $1,000 in fines, $944.51 in restitution costs to Teresa Morris, $5,090.27 to Nationwide Insurance and $1,300 to Cindy Adams.

Charges of leaving the scene of the accident and driving an ATV on a double line were dismissed.

Those charges stem from an incident on Aug. 3 when he was involved in an ATV vs. vehicle accident on W.Va. 180. At the time he was on probation from a 2006 charge of burglary, petit larceny, and failure to appear.

Morgan had served one consecutive year after he was sentenced on those 2006 charges, then sentencing was suspended and he was placed on supervised probation for two years.

The defendant admitted to Judge Mark A. Karl that he violated his probation, as filed by Probation Officer John Lantz.

Morgan was being housed in the North Central Regional Jail serving the rest of his sentence for failure to appear for the burglary charge. However, before he returns to jail, Karl placed him on home confinement until he has an operation for injuries he suffered in the ATV accident.

Corey J. Hartline, 26, of 305 Burt Street, Sistersville, pleaded guilty to malicious assault causing bodily injury and domestic battery, second offense.

Karl sentenced Hartline to serve two to 10 years for count one, malicious assault, and six months for count four, domestic battery, second offense, to be served concurrently. Hartline will start his sentence at NCRJ on Oct. 19 at 1:30 p.m.

Karl asked Hartline to tell him what happened to which he replied, “I put her in a choke hold until she passed out.”

Three other charges burglary, abduction, and sexual assault in the second degree were dismissed.

Also appearing before Karl was Mindy M. O’Mear, no age given, of H.C. 62 Box 72, Burton.

O’Mear was picked up by the Tyler County Sheriff’s Office on an extradition charge. She waived formal extradition back to Ohio. Karl granted O’Mear back to Monroe County where she is wanted for grand theft auto. She is currently being housed in the North Central Regional Jail until she can be transported back to Ohio. Donald L. Fiber, 22, of 109 Klondike Ave., Sistersville, pleaded guilty to one felony count of obtaining property under false pretenses to have occurred in 2008. He is alleged to have converted to his own use a 2007 Honda ATV worth $6,000 belonging to Elizabeth Al-Janaby and thereby obtaining a 1987 Honda ATV worth $2,000 in trade, representing that he owned the more expensive ATV. A second, related, felony count of embezzlement was dismissed.

After hearing testimony from a credible witness to help determine the amount of restitution, Fiber’s case was taken under advisement by Judge Karl.

Dusty Todd Kendall, 27, of 230 Wood Street, Apt. 209, Sistersville, pleaded guilty to battery, a charge he was found guilty of in a bench trial in Magistrate Court back in 2008. However, Kendall had appealed the conviction that resulted in a sentence of one year in jail.

Kendall’s previous bond was continued while Probation Officer John Lantz will prepare a pre-sentencing report. Kendall is to return to court on Nov. 9 at 1:30 p.m. when he will presumably be sentenced by Karl.

Karl also heard testimony from credible witnesses in the case of Kevin J. Wright, age not given, of P.O. Box 63, Shirley. Wright was charged with battery on May 10 while on probation for a charge of possession of a controlled substance with the intent to deliver for which he was indicted in February 2008. The case was continued until Nov. 9.