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Cases continued until Oct. 2

By Staff | Sep 10, 2014

Judge Mark A. Karl passed several cases in Tyler County Circuit Court to Oct. 2, when the defendants appeared in court on Thursday.

Benjamin W. Davis, 40, of Middlebourne, charged by the June term of the Tyler County grand jury with 77 felony counts of drug related activity, appeared in court on Thursday alongside his attorney, John Gainer. Gainer told the court they are still in the process of plea negotiations and he has extensive discovery to go over. He also needs more time to discuss the plea process with his client.

Judge Mark A. Karl, set a return date of Oct. 2, he ordered Davis to return to court on that date. With no objection from the state Davis was allowed to remain free on bond.

Jeremy M. Keller, 35, of Third Street, Middlebourne, appeared in court with his attorney, Eric K. Powell. Keller, was indicted in June on two felony offenses of drug related activity involving methamphetamine. Both charges are alleged to have occurred between October 2012 and August 2013 in Tyler County.

Powell told the court at this time he would like a trial date set. Judge Karl set a return date of Oct. 2, but Powell had other court hearings on that date and was unavailable. Judge Karl then asked Keller if he was willing to waive his rights to a speedy trial as this term of court ends on Oct. 14. After agreeing to the waiver, Karl set a return date of Oct. 15, for a trial date hearing.

Prosecutor Luke Furbee, made a motion to have a voluntariness statement hearing on that date. Judge Karl agreed. Keller was ordered to stay in contact with his attorney and to return Oct. 14. With no objection, his bond was allowed to continue.

Ryen M. Archer, 22, of Dodd Street, Middlebourne, charged by the Tyler County grand jury with 11 felony counts of illegal drug activity, between October 2012 and August 2013, appeared in court on Thursday with his attorney Matthew Graves. Graves asked for more time to review discovery and look at plea negotiations. Prosecutor Furbee told the court that on Aug. 27, 911 dispatch received a call that Archer and another defendant were discovered in Ohio during a traffic stop. He said this was in direct violation of his bond.

Graves gave an account of the incident, saying his client was not intentionally trying to break the rules, nor was he a flight risk. He said he was only trying to avoid a traffic problem and take the Ohio side of the Ohio River to Wheeling.

Judge Karl gave a stern warning to Archer and told him to stay in West Virginia unless he gets permission, even if he has to wait in traffic. He said he was going to let it slide this time, but the next time there would be consequences.

Karl set a return date of Oct. 2, to allow Graves more time. Archer was allowed to remain free on bond.

Christina L. Boor, 44, of Dodd Street, Middlebourne, was in court on Thursday alongside her attorney, Robin Bonovitch. Boor is charged by the June term of the Tyler County grand jury with two felony offenses of drug related activity involving methamphetamine. The charges are alleged to have occurred between Dec. 27, 2012, and Aug. 26, 2013.

Bonovitch told the court they had received a plea offer from the state and would file a response. She said she would like more time to study over it and confer with her client.

Judge Karl ordered a return date of Oct. 2; Boor was told to return at that date. She was also told to remain in contact with her attorney. Bond was allowed to continue.

Shelly R. Davis, 43, of Third Street, Middlebourne, appeared in court with her attorney, Dreama D. Sinkkanen for further proceedings in her case. Davis was charged by the June term of the grand jury with two felony offenses of drug related activity having allegedly occurring between Oct. 22, 2012, and Aug. 28, 2013. Sinkkanen told the court the state had offered plea agreements and they were still looking them over.

Judge Karl set a return date of Oct. 2 to give more time for discovery in the case. Prosecutor Furbee told Judge Karl the same thing applies to Davis that happened to the other defendant. She was in violation of her bond condition by being in Ohio without permission.

Sinkkanen said her client was only taking the Ohio side because traffic had been rerouted. Karl told Davis to stay in West Virginia unless you have permission. He said he doesn’t care about the conditions of traffic, she is not to go to any other state, period. Davis said she understood. She was allowed to remain free on bond and ordered to return to court Oct. 2.

Dakota M. Folger, 18, of Fair Street, Middlebourne, appeared in court Thursday alongside his attorney, Teodore L. Tsoras. Folger is charged with two felony offenses of illegal drug activity, having alleged to occur between July 25, 2013, and Aug. 30, 2013, in Tyler County.

Tsorsa told the court there had been a plea agreement reached in the case and he would like to have it approved that day. Judge Karl asked to look at it and then said it had not been signed and he would take it another day. He set Sept. 9, for the taking of the plea.

Prosecutor Furbee told Karl there is an information charge he would like to file. Karl allowed it to be filed, then told Folger to also fill out the guilty plea form prior to returning on Sept. 9. Without objection, Folger’s bond was allowed to continue.

Kristen M. Cross, 21, of Buck Run, Sistersville, appeared in court on alongside her attorney, Justin Craft, for further proceedings in her case. She was charged by the June grand jury in a 50-count indictment with two separate felony offenses of illegal drug activity. According to Craft, a plea offer has been received from the state and a counter offer has been made. Craft said it is all hinging on her acceptance into drug court and they are just waiting on that referral.

Judge Karl set a return date of Oct. 2, with no objection from the state allowed her bond to continue. She was told to stay in contact with her attorney and return on that date.

Clifford Jackson Jr., 53, of South State Route 2, Sistersville, was scheduled for further proceedings in the case and his attorney told the court they have been in discussions with the state in regard to a resolution. He said they are close and would ask for a continuance to the next available court date.

Jackson is charged by the June term of the Tyler County grand jury of three felony offenses of illegal drug activity. Each count is for delivery of a controlled substance (vicodin). All allegedly occurred on March 23, April 8, and April 10.

Judge Karl ordered the defendant to return on Oct. 2. He was allowed to remain free on bond and told to stay in contact with his attorney.

Randy L. Kuehne, 43, of South Bloomfield, Ohio, appeared in court with his attorney, John Gainer, for a possible plea in his case charging him with the felony offense of failure to meet an obligation to provide child support to a minor. The offense is alleged to have occurred on or about Nov. 1, 2013, in Tyler County.

Prosecutor Furbee told the court he had just received the transcripts of the defendant’s income tax returns and would need some time to review them.

He said he believes there is a good chance the case will be resolved.

Judge Karl set a return date of Oct. 2. to hear the case. Kuehne was allowed to remain free on bond and told to stay in contact with his attorney.

Jason T. Shepherd, 31, formerly of Stealey Street, Middlebourne, appeared with his attorney, John Gainer, who told the court that a plea agreement has been worked out but the state has to finish reviewing it. He would like a little more time. Judge Karl ordered a return on Oct. 2. Bond for Shepherd was allowed to continue.

Shepherd was charged by the June term of the Tyler County grand jury with a five-count indictment of four misdemeanor offenses of delivery of a controlled substance and one felony offense of retaliation of a witness. All the charges are alleged to occur between Feb. 4, 2013 and March 5, 2013, in Tyler County.

Douglas R. Kimball, 36, of 173 Third Ave, Bridgeway Addition, Middlebourne, appeared in court with his attorney Brent Clyburn for a hearing on further proceedings in his case. He is charged with the felony offense of possession of a controlled substance, Alprazolam (Xanex), a schedule IV controlled substance, with the intent to deliver. The alleged offense is to have occurred on July 30, 2013, in Tyler County.

Clyburn told the court that because of a scheduled trial in another case he had not had an opportunity to review discovery in the case. He said a plea offer will be made by the state and he will review it as well. Judge Karl ordered Kimball to return to court Oct. 2. He was remanded to jail.

Marc A. Baker, 30, of Elk Fork Road, Middlebourne, is charged by the Tyler County grand jury with two felony counts of drug related activity alleged to have occurred in Tyler County between October 2012 and Sept. 5, 2013.

Baker was in court alongside his attorney, Rodney Windom, who asked the court to allow him access to early discovery of the grand jury testimony. He said he believes there are some differences in the testimony of the state’s witness. Specifically, the times he provided to the grand jury differed from the actual dates and times his client was supposed to have met and Baker was alleged to have supplied metamphetamine precursor to the informant at Ormet, their place of employment.

Prosecutor Furbee objected to the motion, saying under Rule Six of the Rules of Criminal Procedure that is the threshold which has to be met before the court has the authority to order production to the defendant of the grand jury proceeding. He said what’s being done here is they want to see the information now instead of later. Judge Karl said his policy has been to not disclose grand jury information much in advance of trial. He said he would take a look at Rule Six and rule on it on Sept. 29. He ordered the parties to return on that date. He also allowed bond to continue for Baker, with no objection from the state.

Brandy L. Goding, 33, of Temple Circle, Sistersville, appeared in court with her attorney, Philip Bowser, for further proceedings in her case. She is charged in a three-count felony indictment from the June term of the grand jury. All three drug related offenses are alleged to have occurred between October 2012 and Feb. 28, 2014, in Tyler County.

Bowser told the court on Thursday that he feels there will be a plea agreement. He said he is waiting to see if she is eligible for drug court. Judge Karl passed the case until Sept. 29. Goding was allowed to remain on bond and she was told to stay in contact with her attorney.

Joshua R. Smith, 29, of South Chelsea Street, Sistersville, appeared in court for further proceedings in his case. He is charged with two felony counts of drug related activity by the June term of the Tyler County grand jury. Both offenses are alleged to have occurred between October 2013, and Feb. 28, 2014. His attorney, Kevin Neiswonger, said he had received a plea offer from the state and would like to have time to review it and make a counter offer.

Judge Karl ordered a return date of Oct. 2. He told Smith to remain in contact with his attorney and return on the above date. His bond was allowed to continue.

William M. Wells II, 24, of Next Road, Sistersville, appeared in court alongside his attorney, Thomas White, for a motion hearing. Wells is charged by the Tyler County grand jury with two felony offenses of illegal drug related activity.

White told the court he has agreed to plea negotiations and is confident the case will be resolved. Judge Karl ordered a return date of Sept. 29. Wells was allowed to continue on bond.

Steven D. Shepherd, 52, of Steele Street, Middlebourne, appeared in court on Thursday for a possible plea hearing. He is charged with two felony counts of illegal drug activity handed down by the June term of the grand jury. The charges are alleged to have occurred in Tyler County between October 2012 and Sept. 5, 2013. Shepherd’s attorney, Rocco E. Mazzei, told the court he had just received some supplemental discovery, which he needed to go over.

Judge Karl continued the hearing until Sept. 29. Shepherd was told to return on that date and to stay in contact with his attorney. Without objection, he was allowed to remain on bond.

Richard D. Hooks, 40, of Rippentuck Road, Friendly, charged with felony third-offense DUI, appeared in court alongside his attorney, Kevin Neiswonger, for a possible plea.

Neiswonger told the court they are very close to a plea agreement and if he could just allow a little more time, he believes this case will be resolved.

Judge Karl continued the case until Oct. 2 and, with no objection, was allowed Hooks to remain free on bond.

Steven R. Dulaney, 53, of Petroleum Road, Petroleum, W.Va., appeared in court with his Rocco E. Mazzei, who he said he intends to retain as his attorney. Dulaney recently obtained a job which made him ineligible for court appointed counsel. Mazzei told the court if he is hired, he is confident the case will be resolved.

Judge Karl asked Dulaney if he was willing to waive the term of court since it expires on Oct. 14. Dulaney agreed and Judge Karl set Oct. 15 for the next appearance, to allow Dulaney to employ Mazzei and confer with him on the charges. Dulaney was ordered to return on Oct. 15 and his bond was allowed to continue.