BY LISA POST

Staff Writer

Sabastian J. E. Rosenlieb, 20, of Sistersville, appeared in front of Judge David W. Hummel, Jr., on Thursday, Feb. 27 with his attorney, Keith White, on a three-count indictment returned against him in October of last year. The indictment alleged he committed the felony offenses of escape, attempting to disarm a law enforcement officer, and the misdemeanor offense of battery on a government representative.

The alleged incident took place at the Tyler County Courthouse on Aug. 13, 2010, where he had been remanded following a guilty plea to malicious assault and reckless driving. According to reports, Rosenlieb was told to go into a holding cell, but was observed standing in the 911 center where he asked the dispatcher to use the restroom. A law enforcement officer ordered Rosenlieb back to the cell, however, he proceeded to flee. Once outside, Rosenlieb allegedly struck Sgt. R. D. Pratt of the Sheriff’s Office in the mouth and attempted to take a service pistol from the officer’s belt.

Prosecuting Attorney Luke Furbee told the court, “The state can offer the video footage taken from the surveillance camera which shows the entire incident.”

The video footage contained images of the defendant running out of the dispatch office and down the steps, as well as Sgt. Pratt attempting to apprehend Rosenlieb in the parking lot. The footage also contained images of Rosenlieb and Pratt in a struggle, which culminated in Rosenlieb hitting the officer with “a forearm to the mouth.” The video concluded by showing that Rosenlieb “clearly went for the gun.”

Rosenlieb withdrew his former pleas and instead pleaded guilty to each count of the indictment. He was sentenced by Judge Hummel to three years imprisonment for escape, not less than one nor more than five years for the attempt to disarm an officer, and six months jail for the battery. The sentences are to run concurrently with each other, but consecutively to the sentences of not less than two nor more than ten years and 90 days in jail he is currently serving for his initial charges of malicious assault and reckless driving.

Furbee commented, “Ultimately, the best possible outcome is what occurred here. Had the struggle continued for much longer, or had Mr. Rosenlieb actually obtained the weapon, it’s likely that a tragedy would’ve unfolded. As it happened, no one was seriously injured. Sgt. Pratt showed great courage and restraint in his actions.”

Also appearing before Judge Hummel on Thursday was Paul E. Hommer, III, of New Martinsville. Hommer, appearing with his attorney David White, was indicted for alleged possession of a controlled substance (marijuana) with intent to deliver last October.

Hommer waived his right to a trial and pleaded to a lesser charge of misdemeanor possession of a controlled substance (marijuana). The prosecuting attorney’s office presented the court with information surrounding the arrest, stating that a vehicle was observed speeding through Pursley by an officer of the law, who pursued. Hommer was pulled over on Badger Run Road, where it was discovered that he had no valid driver’s license. Hommer admitted to having contraband on his person and in the vehicle. Police found marijuana in the car.

“There was no money, no paraphernalia, and no sale,” remarked Furbee, explaining the dropping of the charges to a misdemeanor plea. “I think it is unlikely that a jury would convict him of the greater offense because there is no typical evidence of delivery.”

A pre-sentence investigation was ordered by the judge to be undertaken by Chief Probation Officer John Lantz. Hommer, who is a student in Charlotte, N.C., faces a possible sentence of not less than 90 days nor more than six months in jail and a fine of up to $1,000. Sentencing will be Feb. 24.

Roger Dale VanCamp of Sistersville was represented by his attorney, John E. Gainer, on Thursday. VanCamp did not appear in court and was excused because he is currently suffering the effects of MRSA. The courtroom was cleared of the public in order to hold an “in camera” hearing on a motion by the State to introduce evidence under Rule 404(b) motion of evidence. The prosecuting attorney explained that such motion hearings are closed by law to the public due to the potential to spoil the jury pool with a certain type of evidence that may be ruled inadmissable at trial. The purpose of the hearing is to determine admissibilty. Furbee commented, “I can say the State’s motion was granted, but do not wish to comment further at this time.”

Also appearing in front of Judge Hummel with her attorney Randy Gossett of Wheeling was Veronica K. Myers. A one count indictment alleging possession of a controlled substance (heroin) with intent to deliver was brought against Myers in June of 2010. The court addressed a motion filed by the defense to suppress evidence seized by Cpl. D.A. Northcraft of the Sistersville Police Department.

Myers claimed in the motion that the traffic stop conducted by Northcraft in Sistersville on June 4, 2010, was unlawful. Judge Hummel heard testimony from Northcraft, Misty Day, Darrell Schrebe, and the defendant. Following the testimony and arguments from both attorneys, the judge ruled in favor of the State and the motion to suppress was denied. The court opined that there was probable cause for the stop and that it was “good police work.” Myers appeared again on January 31 and pleaded guilty to the indictment. Sentencing is set for Feb. 24.