Cases heard in Tyler Circuit Court
Two cases dealing with third-offense driving under the influence were among those addressed in Tyler County Circuit Court Thursday.
Richard D. Hooks, 40, of Rippentuck Road, Friendly, appeared in court for arraignment on a one-count felony indictment handed down by the June 2014 grand jury. Hooks’ attorney, Kevin Neiswonger said his client would waive the reading of the indictment and he was ready to enter a plea. The indictment charges him with third-offense DUI, by allegedly driving a vehicle in Tyler County while under the influence of alcohol. The offense is alleged to have occurred on Nov. 22, 2013. Hooks pleaded innocent to the charge and Judge Mark Karl had it entered into the record.
Neiswonger requested discovery and pretrial rules. Karl granted the request and ordered Hooks to return to court on July 29. Without objection from the state, his bond was allowed to continue.
Steven D. Dulaney, 53, of Petroleum Road, Petroleum, W.Va., was indicted by the June term of the Tyler County grand jury on the felony charge of third-offense DUI. He appeared in court on Thursday for arraignment alongside his attorney, John Gainer. The offense is alleged to have occurred on or about April 13 in Tyler County. The case was passed until July 30 and Judge Karl ordered him to return at that date. His bond was allowed to continue with no objection from the state.
In another matter, Dewayne A. Nutting, 29, presently incarcerated, was in court alongside his attorney, Gainer, for a possible plea. He is charged by the February 2013 grand jury with the felony offense of child abuse resulting in serious injury and one count felony offense of malicious assault by kicking the child under the age of 18 in the abdomen with steel toe shoes. He also faces one misdemeanor count of domestic battery.
His attorney, Gainer, told the court there is a possible plea agreement and would like to have a return date. Judge Karl ordered Nutting to return on July 28. He was remanded to jail and told to stay in contact with his attorney.
Charles A. Carse, 20, of Rt., 1 Box 573, Middlebourne, appeared alongside his attorney from the public defender corporation, John Gainer. Carse was in court for arraignment on a 14-count felony indictment all charging him with forgery and uttering. Count one through four charge Carse with forgery and uttering, all allegedly having occurred on Jan. 13. Counts five through eight charge him with forgery and uttering all having alleged to occur on Jan. 21. Counts nine through 14 charge him with forgery and uttering all having alleged to occur on Jan. 24. He is alleged to have forged the signature of another person on checks and made them payable to another individual then tendered the said checks to Witschey’s to be cashed. All the offenses are alleged to have occurred in Tyler County.
Carse, on the advice of his attorney, stood silent and Judge Karl entered an innocent plea on his behalf on all counts of the indictment. Karl, with no objection from the state, allowed Carse’s bond to continue. He was told to stay in contact with his attorney and ordered to return to court on July 30.
Clifford Jackson, Jr., 53, of South State Route 2, Sistersville, received a three-count felony indictment from the June term of the grand jury. Jackson appeared in court for arraignment alongside his attorney, John Butler. Butler had Jackson stand silent before the court and asked Judge Karl for the court to enter an innocent plea on his behalf for all counts. Karl entered the plea.
Each count is for delivery of a controlled substance (Vicodin). They are alleged to have occurred on March 23, April 8, and April 10.
Butler asked the court for discovery in the case and Karl ordered a discovery conference to be held. Jackson was ordered by Judge Karl to return to court on July 29. He was told to remain in contact with his attorney and his bond was allowed to continue.
Jason Todd Shepherd, 31, formerly of Stealey Street, Middlebourne, appeared in court with his attorney from the public defender corporation, Gainer, for a misdemeanor transfer and arraignment. Shepherd is accused in a five-count indictment handed down by the June term of the Tyler County grand jury.
Count one of the indictment alleges that on or about March 5 Shepherd, committed the felony offense of retaliation against a witness. He is accused of threatening to cause injury to a person, with the intent to retaliate against the person for being a witness in magistrate court.
Counts two through five of the indictment charge Shepherd with the misdemeanor offenses of delivery of a controlled substance (Suboxone, a Schedule V controlled substance). All are alleged to have occurred on or about Feb. 4, Feb. 17, Feb. 25, and March 4 in Tyler County.
Shepherd’s bond was allowed to continue and Judge Karl ordered him to return to court on July 28. He was told to stay in contact with his attorney.
Mitchell Kelley, 21, of Sistersville, appeared in court alongside his attorney, Gainer, on a preliminary petition to revoke probation. Kelly was sentenced in July 2012 to one to 10 years in prison. The sentence was suspended and he was placed on two years of supervised probation. He was arrested on May 1 and had his probation revoked for giving a false report to police and associating with felons.
On Thursday he admitted to the violations before Judge Karl. His original sentence is set to expire on July 14. After serving 63 days in jail, Judge Karl ordered him to be placed back on probation effective immediately.
Daniel S. Finley, 25, of Dodd Street, Lot 4, Middlebourne, appeared in court for further proceedings in his case. He stood alongside his attorney, Brent Clyburn, who asked the court for a trial date. Finley is charged with the felony offense of sexual assault in the third degree. Judge Karl asked how long the trial would be. Prosecutor Furbee said he didn’t anticipate more than two days at most. Karl told the parties to prepare their witness lists 10 days prior to trial. He then set Sept. 5 for the trial date. Finley was told to remain in contact with his attorney and to return Sept. 5. His bond was allowed to continue.
Tanya A. Smith, 47, of Paden City, was in court on Thursday with her attorney, Gainer, on a continuance from May 1, to start home confinement. She was ordered to report to the Tyler County Sheriff’s Office on July 5, at noon, to be hooked up and start her sentence. Earlier this year Smith pleaded guilty in a plea agreement to one felony count of arson and one misdemeanor count of cruelty to animals. The charges were a result of an indictment handed down in October 2013 after a June 21 fire destroyed her home in Paden City and sent her to the hospital with burns.