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Guilty plea entered for sale of Vicodin

By Staff | Oct 8, 2014

Clifford Jackson Jr., 53, of South State Route 2, Sistersville, pleaded guilty Thursday in Tyler County Circuit Court to one count of selling vicodin (delivery of a schedule three controlled substance).

On Thursday Jackson withdrew his previous plea of innocence to the three identical charges handed down by the June term of the Tyler County grand jury. Per the plea agreement, counts two and three of the indictment were dismissed.

Judge Mark A. Karl told Jackson he would have to tell the court in his own words what he did that made him guilty of the crime. Jackson said, “I sold vicodin to someone in Tyler County and I got turned in for it.” He went on to say he did not know the person was a confidential informant.

Prosecutor Luke Furbee said, “If the case were to proceed to trial, the state would introduce evidence showing the defendant sold five vicodin pills through a controlled buy through a connection made by the sheriff’s department at the defendant’s residence on Cow House Road.”

As per the plea agreement, Judge Karl sentenced Jackson to one to five years with credit for time served. However, the sentence was suspended and he was placed on one year of home confinement, ordered to serve 30 days in the North Central Regional Jail, and pay all costs of his prosecution. He was given credit for five days served and ordered to self report to the NCRJ on Oct. 10 to serve the remaining 25 days. He will then begin serving probation and home confinement. He was ordered to abide by all the rules and regulations of probation.

Douglas R. Kimball, 37, of 173 3rd Ave. Bridgeway Addition, Middlebourne. also appeared in court Thursday with his attorney, Brent Cyburn. He was scheduled for further proceedings and a possible plea in his case charging him with possession of a controlled substance, Alprazolam (Xanax) a schedule four controlled substance, with the intent to deliver.

Kimball was indicted on the charges by the October 2013 grand jury in Tyler County. The offense was to have occurred on July 30, 2013.

Clyburn told the court a plea agreement had been reached in the case and his client would withdraw his former plea of innocence and enter a plea of guilty to the charge.

Judge Karl told Kimball he would need to tell the court in his own words what he did to make him guilty of the crime. Kimball said, “I was in possession of narcotics and would have sold them if given the chance.”

Prosecutor Furbee said if the case were to proceed to trial, he would show the sheriff’s department had received a complaint and found the defendant passed out at the corner of Main and Dodd Street. After testing showed alcohol wasn’t the problem, they found in his possession 20 pills and $975 cash. He said the defendant didn’t have a prescription for the pills. He had also been staying at a local residence where cash and other items had come up missing.

Judge Karl accepted Kimball’s guilty plea and per the plea agreement ordered him confined to the custody of the Division of Corrections for a period of one to three years. The sentence, however, was suspended and he was placed on supervised probation for two years. He was also ordered to pay the cost of his prosecution and make restitution in the amount of $2,500 to Ruth Blake. He was also ordered to serve four months in the North Central Regional Jail, which he has fulfilled. Karl ordered him to see Chief Probation officer John Lantz and make arrangements for an appointment at his office on the second floor of the Wetzel County Courthouse.

Ryen M. Archer, 23, of Dodd Street, Middlebourne, is charged by the June term of the Tyler County grand jury with 13 felony counts of illegal drug activity in Tyler County alleged to have occurred between October 2012 and September 2013. He was in court Thursday with his attorney Matthew Graves for further proceedings and a 404 (B) Motion.

Prosecutor Luke Furbee told the court that due to the length of the hearing he would like to have it reset for another time. He said he would have at least two to four witnesses to call.

With no objection, Judge Karl ordered a return date of Oct. 10. He allowed bond to continue for Archer and told him to stay in contact with his attorney.

Shelly R. Davis, 43, of Third Street, Middlebourne, appeared in court on Thursday for further proceedings in her case charging her with two counts of illegal drug activity in Tyler County. Her attorney, Dreama D. Sinkkanen, told the court the state had made a plea offer but she didn’t receive it until last week and she would like more time to go over it and allow her client to make her decision. She said the plea agreement involves drug court and she is not familiar with it, so she needs more time.

Judge Karl asked Davis if she was willing to waive this term of court, to which she agreed. Karl then set Nov. 6 for a return date. He ordered Davis to return at that time. He allowed her bond to continue.

Christina L. Boor, 44, of Dood Street, Middlebourne, appeared in court Thursday alongside her attorney, Robin Bonovitch, for further proceedings in her case. She is charged by the Tyler County grand jury with two felony offenses of conspiracy to commit an offense against the state by allegedly feloniously and unlawfully committing the felony offense of manufacturing of Schedule 11 controlled substance (methamphetamine) between October 2012 and September 2013.

On Thursday Boor waived her rights to a speedy trial and her attorney told the court they have received a plea offer and she would like more time to go over the offer with her client.

Karl ordered Boor to return to court on Oct. 15. She was allowed to remain on bond and told to stay in contact with her attorney.

Kristen M. Cross, 21, of Buck Run, Sistersville, charged by the Tyler County grand jury with two felony counts of illegal drug activity, appeared in court alongside her attorney Justin Craft.

Craft told the court his client was prepared to waive the term of court. He said they have an agreement in principle but it needs to be reduced to writing. He said his client is willing to accept the plea. He asked the court to continue the case.

Judge Karl reset the case for Oct. 29 and ordered the defendant to return on that date. Her bond was allowed to continue.

Randy L. Kuehne, 44, of South Bloomfield, Ohio, appeared in court Thursday for a possible plea hearing. He was charged by the February 2014 grand jury with the felony offense of failure to meet an obligation to provide child support.

On Thursday he withdrew his former plea of innocence and pleaded guilty to a lessor included misdemeanor offense of failure to meet an obligation to provide support to a minor.

As per the plea agreement, he was sentenced by Judge Karl to one year in prison and ordered to pay the cost of prosecution including court appointed attorney fees. He was also ordered to make restitution in an amount to be determined by the court. However, he was given credit for time served and the jail sentence was suspended. He was placed on four years of supervised probation under the direction of Chief Probation Officer Lantz.

He was ordered to return to court on Dec. 4 to determine restitution.

Benjamin Davis, 40, of Middlebourne, charged by the June term of the Tyler County grand jury with 77 felony counts of illegal drug activity involving methamphetamine, appeared in court alongside his attorney John Gainer from the public defender corporation. The offenses are alleged to have occurred between October 2012, and September 2013.

Gainer told the court there has been a resolution in the case. He said a plea agreement has been reached but he needs a little more time to go over it with his client.

Judge Karl asked Davis if he was willing to waive the term of court and his right to a speedy trial. Davis agreed to do so and Karl ordered him to return to court on Oct. 15. He was allowed to remain free on bond and told to stay in contact with his attorney.

Jason Todd Shepherd, 31, of Stealey Street, Middlebourne, appeared in court alongside his attorney, Gainer, on Thursday for a scheduled possible plea hearing.

Shepherd is charged in an indictment handed down by the June grand jury of one felony offense of retaliation against a witness and four separate misdemeanor offenses of delivery of controlled substances. The offenses are alleged to have occurred between Feb. 4 and March 5.

Gainer told the court on Thursday that they were unable to resolve the case through a plea and he requested a trial date. Judge Karl said the end of the term of court was nearing and his client would have to waive his rights to a speedy trial.

Gainer moved to do so and Shepherd agreed. Karl set Oct. 15 for a return date. Bond was allowed to continue for the defendant.

Kimberly J. Rial, 25, presently incarcerated, was in court on Thursday alongside her attorney, Kevin Neiswonger. Rial was indicted by the June term of the Tyler County grand jury on four separate felony counts of forgery and uttering, all having occurred in Tyler County. After she pleaded guilty on Sept. 9, through a plea agreement to counts one and four of the indictment, she was sentenced by Judge Karl to one to 10 years in the custody of the Division of Corrections for Women.

As a result of the plea agreement, Rial admitted to signing and cashing checks which didn’t belong to her. Counts two and three of the indictment were dismissed per the agreement.

Rial has been incarcerated since June 10. She was given credit for time served and her sentence from Tyler is to run concurrent with her one from Wetzel County. She was remanded to prison to serve the remainder of her sentence.

Tracy A. Keller, 46, of Dodd Street, Middlebourne, was in court on Thursday alongside her attorney, Jessica Myers. Keller is charged with two felony counts of illegal drug activity involving methamphetamine allegedly occurring between October 2012 and September 2013. Her attorney told the court the case is likely to be resolved. She said her client is being referred for drug court evaluation.

Judge Karl said the term of court was close to ending and asked if Keller was willing to waive her rights to a speedy trial and the term of court. She agreed to do so. Karl ordered her to return to court on Oct. 15 and allowed her bond to continue.

Joshua R. Smith, 29, of South Chelsea Street, Sistersville, appeared in court alongside his attorney. Neiswonger, for further proceedings and a possible plea in his case. Smith was charged by the June term of the grand jury with two counts of illegal drug activity involving methamphetamine having alleged to occur between October 2013 and February 2014 in Tyler County.

Neiswonger told the court they are close to an agreement and he needs a little more time to work out the details. He said his client is willing to waive this term of court.

Karl reset the case for Oct. 15, ordering Smith to return at that date. Smith’s bond was allowed to continue and he was told to stay in contact with his attorney.

Richard D. Hooks, 40, of Rippentuck Road, Friendly, is charged in a one-count indictment by the June term of the Tyler County grand jury with third-offense DUI. The offense is alleged to have occurred on Nov. 22, 2013.

Hooks was in court for a possible plea but his attorney, Neiswonger, told the court more time is needed to work out an agreement. Neiswonger moved for his client to waive the term of court and Judge Karl ordered a return date of Oct. 15. Bond was allowed to continue.