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Neff receives maximum

By Staff | Jun 11, 2014

Judge Mark A. Karl followed the recommendation of Tyler County Prosecutor Luke Furbee June 5 and sentenced William B. Neff to the maximum sentence of two 10- to 20-year sentences in the West Virginia Penitentiary for Men.

The sentences are to run consecutively and upon release he is to be placed on 50 years of supervised probation and register as a sexual offender for the rest of his life.

Neff, 52, of Middlebourne, appeared in court with his attorney and, when asked by Judge Karl if he had anything to say to the court prior to sentencing he said, “Only that I’m sorry for what I’ve done and I will never do it again.”

Neff had pleaded guilty on April 3 to two counts of sexual abuse by a custodian. He had been charged by the October 2013 grand jury with nine felony counts, all of a sexual nature, and by the February 2014 grand jury with an additional five counts of sexual offenses, all involving his own children.

On Wednesday Karl told Neff he had the benefit of having 12 counts dismissed against him by plea agreement. He asked Prosecutor Furbee if he had anything further, to which he replied, “No your honor.” Neff’s attorney, John Gainer, also had nothing further to add. Judge Karl then ordered Neff to be transferred to the Division of Corrections to begin serving his sentence.

In other court matters, Dewayne A. Nutting, 29, presently incarcerated, appeared in court on Wednesday alongside his attorney Public Defender John Gainer for further proceedings in his case. Nutting is charged him with two separate felony counts of child abuse resulting in serious injury against a child under the age of 18 and malicious assault by kicking the child in the abdomen with steel toe shoes. He is also charged with a misdemeanor offense of domestic battery, all alleged to have occurred on Dec. 4, 2013, in Tyler County.

Gainer said they are in discussions with the state and there is more time needed. He said he believes 30 days would be enough. Karl passed the case until July 3, and remanded Nutting back to jail.

Barbara A. Wells-Mease, 27, of Moundsville, W.Va., and currently incarcerated, appeared in court with her attorney, Gainer, for a hearing on probation revocation. Prosecutor Luke Furbee told the court the defendant is in jail, unable to make bail on charges from Marshall County. He said he would move to dismiss the the charges against her from Tyler County, pending the outcome in Marshall County. Judge Karl asked what the charges were in Marshall County. Gainer and Furbee both said they believed it was domestic battery. Karl said he would dismiss the charge in Tyler County without prejudice, with the right to re-file in Tyler. She was then ordered to be remanded back to jail to wait on the outcome from Marshall County.

Randy L. Kuehne, 43, of South Bloomfield, Ohio, charged with one count felony offense of failing to meet an obligation of child support, appeared with his attorney, Gainer, for further proceedings in the case. Gainer told the court it appears they may be able to resole the case and he would request 30 more days to try and do that, Judge Karl passed the case until July 3. Without any objections, Karl allowed Kuehne to remain free on bond. He was ordered to remain in contact with his attorney.

Seth M. Morris, 25, of Middlebourne, appeared alongside his attorney, Gainer, to set a trial date in his case. He is facing charges from the February 2014 grand jury charging him with the felony offense of breaking and entering a building other than a dwelling, a misdemeanor offense of destruction of property, and the felony offense of conspiracy to commit an offense against the state, plus the misdemeanor charge of destruction of property belonging to an individual. All offenses are alleged to have occurred on June 16, 2013, in Tyler County.

Gainer told Judge Karl he didn’t believe he could resole the case. Furbee said the state intends to proceed on all four charges in the case.

Karl then set Aug. 25 as the trial date. He allowed Morris to remain free on bond without any objections from the state. He told Morris to remain in contact with his attorney and to be present in court on Aug. 25.

Daniel S. Finley, 25, of 201 Dodd St., Middlebourne, was again in court with his attorney, Brent Clyburn. Wednesday’s hearing was to discuss further proceedings in the case. Clyburn told Judge Karl that discussions have been held in the case and he has recently rejected the state’s offer. He said he would like a trial date. Karl said he was going to give another 30 days to try and resole the matter. He ordered Finley to return to court on July 3. He was allowed to remain free on bond.

Benjamin Davis, 40, appeared in court alongside his attorney public defender, Gainer, on a petition for review of bail amount. Davis is presently incarcerated on a charge of domestic assault and battery and has been in the North Central Regional Jail since September 2013. He is being held on $50,000 surety. Gainer argued he is unable to post the bond and it should be reduced to $10,000, which he felt was reasonable. He also mentioned Davis had served in the Army and has ties to the community. If released, he said he would reside with his grandmother at HC 69, Middlebourne. He stated he had a prior conviction of delivery of a controlled substance. Prosecutor Luke Furbee argued the current bond is reasonable and shouldn’t be reduced. He opposed the bond reduction.

Judge Karl allowed the bond reduction and remanded him, pending posting of bail.