Bassett

Naaman N. Bassett, age 36, who was indicted in July on seven counts, five felonies (grand larceny (2), burglary (3), and two misdemeanor counts (petit larceny), appeared in front of Judge David W. Hummel, Jr., in Tyler County Circuit Court Thursday.

Bassett withdrew an earlier plea of not guilty, and pleaded guilty to three counts: one count felony night time burglary, and two counts, grand larceny.

In a voluntary statement to law enforcement, Bassett admitted to stealing tools and guns and selling them. Bassett made the statement after being detained for stealing a vehicle. The vehicle’s motor blew up while Bassett was driving it.

“I was addicted to drugs real bad,” Bassett admitted to Judge Hummel. “I got injured at work, got prescribed (narcotics), and got addicted.”

“Why did you steal the car?” Hummel asked Bassett. Bassett told Judge Hummel he had taken the car to procure drugs.

“I got a phone call to go pick up some drugs,” Bassett admitted. “I didn’t have a vehicle, and I had the keys to the one I took. I didn’t break into it.”

“I didn’t wreck it,” Bassett continued. “The motor blew.”

“Drove it like a borrowed mule, didn’t you?” responded Judge Hummel.

“Yes, sir,” was Bassett’s reply.

Hummel sentenced Bassett to incarceration in the West Virginia Dept. of Corrections, three sentences to run concurrently. Bassett will serve not less than one nor more than 15 years for the charge of night time burglary, and two sentences of not less than one nor more than ten years apiece for two counts, grand larceny. It was noted that all the property stolen by Bassett had been recovered, but the car was a total loss. Bassett was also ordered to make restitution for the losses incurred.

Joshua Toothman, charged with one count felony breaking and entering, and one count felony destruction of property, failed to appear in court Thursday. Toothman, who was expected to enter to an agreed plea, was not in the courtroom, and his attorney, John Gainer, said he had attempted to contact him but could not account for Toothman’s whereabouts. Judge Hummel issued a capias warrant for Toothman’s arrest.

Crystal Krizo, indicted on the felony charges of domestic battery, third offense, and battery of a government representative, appeared with her attorney, and pleaded guilty to count one. Count two (battery on a government representative) was dismissed.

The incident in question occurred in April, 2011, when Krizo’s ex-husband called the Tyler County Sheriff’s Office, informing them he was going to Krizo’s home to pick up clothing for his child. He explained Ms. Krizo “had been drinking” and he expected trouble.

Arriving at Krizo’s home, the defendant reportedly told the responding officer, “You’d better call back-up, you’re gonna need it,” and attacked her ex-husband, scuffling with officers as well.

Krizo, who chose not to speak in front of Judge Hummel, accepted the plea agreement through her attorney. She was sentenced to not less than one nor more than 5 years at a WV Dept. of Corrections facility, and will report to NCRJ Sept. 1. Krizo was given credit for time served, and bond was continued until reporting to the regional jail.

Charlotte Kimball, charged with 10 counts, felony entering a dwelling without breaking with the intent to commit a crime, appeared with her attorney, Henry Woods, to file a motion to dismiss.

Mr. Woods spoke to the court, explaining the ambiguity of the charges set forth in the indictment could effect a “double jeopardy” in the case. The dates of the alleged offense could not be pinpointed, and were too broad in scope, he added.

Prosecuting Attorney D. Luke Furbee concurred with Wood’s argument, saying. “Cases are presented to the grand jury, and they decide on the merits of the evidence.”

“I cannot put forth further evidence to narrow down the dates at this time,” Furbee confirmed.

“The grand jury did the best job it could,” said Hummel. “If Mr. Furbee can’t present sufficient evidence today, the state cannot try the case.”

Hummel dismissed the case without prejudice, which does not preclude further indictments in the future should new evidence arise.

Ryen M. Archer, indicted on two felony counts, delivery of a controlled substance, (marijuana), appeared with his attorney, David White, who offered a potential resolution to the charges per a plea agreement.

White told the court Archer was attempting to enlist in the US Army, pending court proceedings. Judge Hummel continued the case until August 27 so Archer could provide proof he was eligible to enlist.

Kevin Ray Morgan, convicted of nighttime burglary in 2006, appeared on charges of failure to appear.

Morgan, who was incarcerated in South Carolina at the time he failed to appear in Tyler County Circuit Court, did not contact either his attorney or the court upon his release.

Morgan pleaded to the charge and was sentenced to 1-5 years in a WV Dept. of Corrections facility, with credit for time served. Morgan, having already served time for the offense, was discharged by the court.

Donald K. Weekley, Jr., who was indicted on eight felony counts, (sexual abuse in the first degree, six counts, sexual abuse first degree by a parent, one count, sexual abuse first degree by a person in a position of trust, one count) in March, appeared in court in a closed hearing on the current charges. He remains incarcerated in NCRJ.