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Three to serve time for felonies

By Staff | Apr 28, 2010

On April 22, Judge Mark A. Karl sentenced the last defendant in a trio of Tyler County residents charged with possession of heroin.

Jessica Cooper, Christopher Olszewski and Colby J. Acree were all charged with felony charges of possession of a controlled substances (marijuana), as well as possession of a controlled substance (heroin), all with intent to deliver.

Olsewski pleaded guilty and was sentenced to one to 15 years in the Penitentiary for Men back in February.

Acree also pleaded guilty in February and was sentenced to one to five in the West Virginia Penitentiary for Men.

On Thursday morning, Cooper , 25, of Middlebourne sobbed as Karl sentenced her to spend no less than one but no more than five years in the Penitentiary for Women. Previously, she pleaded guilty to one of the possession charges against her. The charge of felony possession of heroin was dismissed.

Wetzel County’s Prosecuting Attorney Timothy Haught acted as special prosecutor in the case. Haught told the court the state’s recommendation was one to five years for the possession charge.

Cooper’s attorney, Roger R. Weese, told Karl since she has been released from jail on bond, she has changed her life around and has found a job. Weese’s recommendation was to place Cooper on probation.

Before her sentencing, Cooper was given the opportunity to address the court. “I’m sorry for everything. I am changing my life around and I have been in contact with a woman from Parkersburg to start group counseling three nights a week”, she said.

“This is not going to go unpunshied”, said Karl. “You knew what you were doing.”

Karl released Cooper on her former bond and ordered her to report to the Tyler County Sheriff’s Office on April 30 at noon to be transported to the North Central Regional Jail to begin serving her sentence.

Dale R. Barnhart, although on the docket, did not appear in court.

Barnhart, 47, whose last known address was 2065, State Route 2, Friendly, was charged with the felony charge of possession of a firearm by a prohibited person by unlawfully possessing 10 firearms.

His attorney, Joseph Munoz, informed Karl that his client was currently incarcerated in South Dakota. Barnhart violated his bond terms and fled the state.

Karl ordered Barnhart to be brought back to West Virginia. He is to appear in court on May 26.

Kenneth D. Ahouse appeared before Karl for probation revocation.

Ahouse, no age given, of Rt. 2 Box 71B, Pennsboro, was originally charged in October 2008 on the felony charge of attempted sexual assault in the second degree.

In February 2009, he was sentenced to one to three years in the West Virginia Penitentiary and given credit for time served. He was then placed on three years probation.

Karl ordered him to return on May 20 at 1:30 p.m. In the meantime, Ahouse was remanded to NCRJ.

Randy Forrester, 44, of Weirton, appeared for formal arraignment.

He was charged with the felony charge of failure to provide notice of registration changes and the misdemeanor charge of domestic battery. Forrester’s bond was continued and Karl ordered him to return on May 20 at 1:30 p.m.

Jerry D. Noland was also in court Thursday.

Noland, 44, of 136 East Charles St., Middlebourne, was charged with three felony charges of possession of a controlled substance, marijuana, naroctic drug Hydrocodone and Adderall, all with intent to deliver.

Prosecuting Attorney Luke Furbee filed a discovery response and Karl ordered Noland to return to court on May 6 at 10 a.m. His bond was continued.

Jay Morgan appeared for reduction of his former bond which was set at $125,000.

Morgan, 32, of Rt. 2 Box 231, New Martinsville, was charged with two felony counts of sexual abuse in the first degree and one felony count of sexual abuse by a custodian.

Furbee filed the state’s discovery response and informed the court that Morgan is to have no contact with the victim or the victim’s family members.

Morgan is to return on May 6 at 10 a.m. He was remanded by the the NCRJ.

Shawn W. Long , 39, of P.O. Box 145, Middlebourne, appeared in court to learn his trial date. Long was charged with second offense, three counts of battery on a police officer.

Although no date was set, Karl continued his bond and ordered him back on May 6 at 10 a.m.

Diana Ash, of Rt. 1 Box 641, Greenwood, appeared before Karl on Thursday for a possible plea.

In open court, Kevin Neiswonger stated that his client had not reached a plea agreement with the state.

Karl continued Ash’s bond and ordered her to return on May 20 at 1:30 p.m.