Several waive right to trial
On Thursday several defendants in Tyler County Circuit Court waived their right to trial within the current term of court, which ended Feb. 10.
William B. Neff, 51, of Box 13 B, Middlebourne, was in court on a motion to determine voluntariness of statements. It was determined the deputy witness was unavailable because of a training conflict.
Judge Mark A. Karl informed Neff that if his case was to be set for trial, it would have to be held by Monday, Feb. 10. He then asked Neff and his attorney, Public Defender John Gainer, if they were willing to waive this term of court, to which they both replied yes. Upon no objection from the state, Judge Karl set a return date of Feb. 12 to hear the motion. Neff was ordered to return at that date. He was then remanded to jail.
Neff is charged with nine sexual offenses handed down by the October 2013 grand jury.
Gary J. Willey Jr., 33, of Rt. 2 Box 230 A, New Martinsville, was in court alongside his attorney, Shane Mallett, for a possible plea agreement. Willey is charged with two counts of embezzlement, alleged to have occurred in 2012. He agreed on Thursday to waive this term of court. With no objection from the state, Judge Karl ordered a return date of Feb. 12. Willey was allowed to remain free on bond.
Seth M. Morris, 24, no address available, appeared on Thursday with his attorney John Gainer. Morris is facing a three-count indictment from the October grand jury. He also agreed to waiver this term of court and Karl ordered him to return on Feb. 12 for a possible plea agreement. Morris was allowed to remain free on his $15,000 bond.
Matthew D. Witsoe, 49, of Rt 1, Box 156-2, Beverly, W.Va., appeared on Thursday for a possible plea agreement. He was represented by Thomas White who was sitting in for Brent Clyburn, who was unable to be in court. Witsoe is facing three counts handed down by the October grand jury: felony breaking and entering and two misdemeanor offenses of destruction of property.
Karl asked the defendant if he was willing to waive this term of court. Both Witsoe and White answered yes. Prosecutor Luke Furbee had no objection and Judge Karl ordered a return date of Feb. 12. He then remanded Witsoe back to jail.
Brandon L. Rodriguez, 25, of 232 Maple Ave., New Martinsville, was in court on Thursday with his attorney John Gainer. Gainer told the court there has been an agreement reached with the state in the case. He told the court that Rodriguez is expecting $2,000 back in a couple weeks from his income tax return, which he could use to pay restitution. The prosecution would like for him to have the money for restitution prior to settlement of the case.
Rodriguez is charged with the felony offense of obtaining money under false pretenses, when he allegedly accepted money for material and labor to install a metal roof and never returned.
Judge Karl asked Rodriguez and Gainer if March 6, would provide enough time for him to have the money. They answered yes. Karl then asked if they were willing to waive this term of court, to which they agreed. With no objections from Furbee, Karl ordered a return date of March 6. Rodriguez was allowed to remain free on bond.