Karl handles heavy court docket
Judge Mark A. Karl had a full docket on Jan. 7, hearing a number of cases in Tyler County Circuit Court.
To get the day started, Karl sentenced Douglas Carson to not less than one and no more than three years in the West Virginia Penitentiary for Men for violating the terms of his probation.
Carson, 50, no address given, was apprehended in the state of Florida on a capias warrant for failure to report while on probation. He was sentenced in 2003 and placed on probation and was ordered to pay child support.
His attorney, Public Defender John Gainer, stated that his client suffered a stroke and was incapable of contacting Lantz while in the hospital.
“Mr. Carson has had a free pass for the past six years, the state’s position is to revoke probation,” stated Prosecuting Attorney Luke Furbee.
Judge Karl was not easy on Carson. “You violated your probation and didn’t make your child support payments, if I let you out on probation again, I would be making a mockery of myself and I am not going to do that,” said Karl. “I am sentencing you to not less than one and no more than three years, and I want your child support payments made.”
William B. Neff also appeared in court on Thursday. Gainer stated that Neff wishes to hire private council.
Neff, 36, of Rt. 1 Box 232 Middlebourne, was charged with manufacturing a controlled substance. While out on bond in Tyler County, he was charged for a malicious assault charge in Wetzel County.
Neff is to return to court on Jan. 27 at 10 a.m.
Kimberly Rial was also on Thursday’s docket.
Rial, 20, of 28 Rose Street, Lot 79 N., New Martinsville, was charged with two felony counts of breaking and entering a building other than a dwelling, one felony count of petit larceny and a misdemeanor count of destruction of property.
Furbee said since her last appearance on Dec. 22, she was apprehended in Wetzel County on several warrants. He also stated that while she was on bond in Tyler County, she was a passenger in a car that stopped and got gas and then left the station without paying in New Martinsville.
Judge Karl said, “You continue to break the law while on bond, your bond is revoked.”
Rial was remanded to North Central Regional Jail and is to return to court on Jan. 27 at 10 a.m.
Scott Renforth, 20, of 113 Elks Valley, Brave, Pa., pleaded guilty to a felony charge of sexual assault in the third degree to have allegedly occurred in November 2008.
Karl sentenced Renforth to not less than six months and no more than two years and ordered him to complete the program at the Anthony Center for Youthful Sexual Offenders. Renforth was also ordered to register as a sexual offender for life with the West Virginia State Police.
Karl told Renforth that if he successfully completes the programs at the Anthony Center, he would be released on probation.
April Hollsberry, 30, of HC 67, Box 36A, Centerpoint, W.Va., also entered guilty pleas on Thursday for the four counts brought against her: one felony count of obtaining goods by fraudulent pretenses where common schemes exist and three misdemeanor charges of false pretenses.
The sentence for the felony count was to serve not less than one and no more than 10 years and the misdemeanor charges each garnered six month sentences, to be served concurrently. She wrote checks to Witschey’s Market in amounts totaling $1,946.89, Conaway Grocery in the amount of $140.54, Tyler Exxon in the amount of $74.10 and to S & J Convenience in the amount of $58.
Karl placed Hollsberry on probation for one year and ordered her to pay $182.86 monthly to the circuit court until paid in full and all court appointed fees.
Samuel Wade, 30, of HC 74 Box 13C, Alma, entered a guilty plea to a felony count of embezzlement and a felony count of obtaining money by false pretenses to have allegedly occurred in January 2008.
Karl placed Wade on two years probation and ordered him to pay restitution to Walt Smith in the amount of $6,500 and to Dallison Lumber in the amount of $1,500. Wade is to make monthly payments in the amount of $333 to circuit court until paid in full, to begin in February, and was also ordered to pay all court appointed fees.
Judge Karl asked Wade what made him guilty. Wade replied, “I sold his timber and it wasn’t mine.”
Harold Smith, 53, of 100 S. Wells Street, Sistersville, waived his right to a speedy trial. Karl continued the case until the next term of court to begin in February.
Smith’s attorney, George Consenza, stated that he plans to address certain matters in the case against Smith.
Smith was charged with a felony offense of sexual abuse in the first degree, two felony offenses of sexual abuse by a custodian, and one felony charge of sexual abuse in the first degree in 2008.
After another victim came forward, Smith was also charged with four counts of sexual assault in the first degree by subjecting a minor child to sexual contact who was incapable of consent because she was less than 11 years old and not married to the defendant to have occurred in 1977 and 1978.
He was further charged with two counts of sexual assault in the third degree by engaging in sexual intercourse with the above mentioned minor to have occurred in 1982.
A two-day trial date has been set to begin on April 5 at 9 a.m.
Robert L. Sherman, 58, of 428 Smith Ridge Road, Sistersville, also appeared in court to face a felony count of manufacturing a controlled substance and a misdemeanor count of possession of a controlled substance.
At his last appearance, his attorney, Joseph McFarlen Jr., filed a motion for discovery. Sherman’s bond was continued and Karl set his trial date for April 13 at 9 a.m.
Sabastian J.E. Rosenlieb also waived his right to a speedy trial until next term of court.
He was charged with a felony count of attempted murder, felony count of malicious assault and a misdemeanor count of reckless driving to have allegedly occurred on Sept. 9, 2009.
His attorney, John Butler, stated that he still has several witnesses he is interviewing.
Rosenlieb’s bond was continued and is to return on Feb. 10 at 1 p.m.
Cases against Timothy Judge, Brenda Shreves, Josh Jenkins, and Jessica Grimes were continued and they are to return on Jan. 27 at 10 a.m. Diana Ash and Jessica Schoolcraft are to return on Feb. 10 at 1 p.m.