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Defendants appear in circuit court

By Staff | Aug 3, 2011

Defendants on the docket in Tyler County Circuit Court on July 25 appeared for sentencing, entered pleas, and filed motions with the court through their attorneys.

Joshua Toothman, charged with felony breaking and entering, and felony destruction of property, requested the removal of his public defender, John Gainer, as his attorney.

Toothman appeared in court on the issue of the voluntariness of his statement to police officers concerning an incident last March. He is accused of breaking into HPS Pharmacy in Sistersville at that time.

The court heard testimony of a statement Toothman gave police just days after the alleged break-in. The voluntary statement Toothman gave to Sgt. D.A. Northcraft of the Sistersville Police Department, was deemed admissable in trial by Circuit Judge David W. Hummel, Jr.

Hummel, who set an Aug. 8 trial date for Toothman, denied his request to remove counsel. Hummel informed Toothman, being so close to trial date, he would not remove Gainer, but Toothman could hire co-counsel, if he chooses to do so.

Kevin Morgan, charged with one count of burglary and one count, petit larceny, appeared in court with his attorney, Thomas White. The defendant asked for and was granted a bond reduction, from $20,000 to $10,000 cash surety. Morgan’s attorney informed the court a plea agreement was in the negotiation phase. A trial date of Sept. 12 was set.

Arnold Hartline, charged with felony possession of a firearm on the property of an educational facility, entered a guilty plea, through his attorney John Gainer. The alleged incident occurred in November of last year.

A bystander witnessed Hartline walking on the grounds of Sistersville Elementary School with a gun, and informed Hartline he was not allowed to have the weapon on school property. Hartline allegedly told the witness, “I can do whatever I want.” Hartline was later arrested.

Hartline told the court he had been hunting, which was the reason he was carrying the gun. Judge Hummel sentenced Hartline to two years, sentence suspended, and placed on two year’s supervised probation, admonishing Hartline not to have firearms or ammunition in his possession.

Donald K. Weekley, charged with a total of eight felony counts of sexual abuses, appeared in court with his attorney for the purpose of a hearing, which was continued by the court to Aug. 25, 11:30 a.m.

Levi Shane Keller, age 21, pleaded guilty to a charge of forgery and was sentenced to two to 10 years in a correctional facility, suspended.

Keller was given the alternate sentence of six months to two years at Anthony Center, as a youthful offender, as well as probation upon completion of sentence.

Keller, who admitted in court he has a drug problem, told Judge Hummel he took a check from his mother’s checkbook. “I took it, bought $10 worth of gas, and spent the rest on percocets,” said Keller.

The check was written in the amount of $55.

Judge Hummel told Keller, “I hope you get the treatment you need, at Anthony Center. If not, if you don’t change, your problems are only going to get worse.”

Richard J. Fletcher entered a plea of guilty to charges of one count, attempt to acquire or gain possession of a controlled substance by subterfuge, deception, or fraud. Fletcher admitted in court he altered a prescription in an attempt to obtain a refill.

“It was stupidity,” said Fletcher. “I wish I’d never done it.”

Judge Hummel questioned Fletcher. “Are you an addict?”

“Yes,” was Fletcher’s reply.

Fletcher was sentenced to one to three years in a correctional facility, modified to three months incarceration and supervised probation. Fletcher was ordered to present himself to NCRJ Aug. 11, 11:30 a.m.

Crystal Krizo, appearing with her attorney, Phillip Bowser, presented the court with a motion to undergo a psychiatric evaluation, although Krizo had already been found competent to stand trial. Krizo is charged with felony domestic battery, third offense, and battery on a government representative.

Bowser informed the court he was not challenging the finding of competency. The attorney is attempting to discern if a defense of diminished capacity at the time of Krizo’s arrest is viable.

Judge Hummel said he was not certain if the state could order the evaluation and told Bowser to find legal basis before he made his decision. Judge Hummel told Bowser he would make a ruling on the matter by August 3.

Hummel denied a motion to dismiss on count one without prejudice.

Brittany J. Nolan, 26, of New Martinsville, was remanded to the WV Department of Corrections following a revocation hearing. Nolan failed a drug screen while on probation.

Nolan, who pleaded guilty to one count of possession of marijuana and one count of driving on a suspended license last December, was originally sentenced to two years of supervised probation and 30 days in jail with credit for time served.

Ryen M. Archer, who appeared in court minus his attorney, had a motion to suppress hearing continued to another date. Archer’s attorney was unable to be in court due to illness.