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Three plead guilty to drug charges in court

By Staff | Nov 5, 2014

Three defendants pleaded guilty in Tyler County Circuit Court on Oct. 29 to drug-related felonies.

Kristen M. Cross, 21, of Buck Run, Sistersville, admitted to conspiracy to manufacture methamphetamine and possession of a precursor with intent to manufacture methamphetamine, both felonies. A charge of exposure of children to methamphetamine was dismissed.

Sentencing on the charges was deferred and she was ordered to the jurisdiction of the Adult Drug Treatment Court.

Through the plea agreement the Honorable Judge Mark A. Karl ordered Cross to attend drug court under the supervision of the Honorable David W. Hummel Jr. She was given a warning that if she fails to complete the program, she will be sentenced on the felonies and ordered to serve consecutive terms in prison.

Judge Karl told the defendant the success rate in drug court is very low; 60 to 70 percent fail. He said it is a highly supervised program for those who have drug addictions. He said just this past week he was in court and saw five people in orange who had failed to complete the program and were on their way to prison. Cross was also ordered to pay the cost of her prosecution, including court appointed attorney fees.

If Cross is successful, she will receive a reduction in her charges to a misdemeanor conspiracy and the other offenses will be removed.

In another matter, Brock I. McMahon, 23, of West Main St., Paden City, pleaded guilty to conspiracy to commit an offense against the state by manufacturing methamphetamine, a Schedule II controlled substance, in Tyler County between October 2012 and August 2013, and felony possession of a precursor with intent to manufacture methamphetamine, to have occurred between July 28, 2013, to Aug. 28, 2013.

His attorney, Joseph Munoz, told the court he still wanted to discuss some matters with McMahon. With no objection from the state, Judge Karl ordered a return date of Nov. 17 for the plea hearing. McMahon was allowed to remain free on bond and ordered to return on that date.

Brian L. Frazier, 49, of Rt. Box 46, Middlebourne, pleaded guilty by way of information to delivery of a controlled substance (Vicodin). The offense was to have occurred on March 24 in the parking lot of Dollar General in Middlebourne.

Frazier was sentenced to one to five years in the custody of the commissioner of corrections. However, the sentenced was suspended and he was placed on home confinement for a period of one to five years. If after one year he has had no problems, he will be permitted to seek probation. He was ordered to see the sheriff’s deputies to begin home confinement beginning Nov. 3.

Two other charges against Frazier, possession of a controlled substance and possession with intent to deliver, were dismissed.

Brandy L. Goding, 33, of Temple Circle, Sistersville, may be ready to enter into a plea agreement. Her attorney, Phillip Bowser, said there are some details which need to be worked out concerning her children and work.

Golding is charged with three felony offenses relating to the manufacturing of methamphetamine. The offenses are alleged to have occurred between October 2012 and February 2014 in Tyler County.

Karl set a return date for Dec. 4. He ordered Goding to stay in contact with her attorney and allowed her bond to continue.

Eddie D. Pinkerton, 30, of 173 Riverview Est. Lot 23, St. Marys, W.Va., appeared in court without counsel. Pinkerton had been in court on Oct. 15 for a magistrate appeal, hearing but was found to be ineligible for a court-appointed attorney. He was told to hire an attorney and return on Oct. 29. He appeared without counsel and Judge Karl asked him if he had hired an attorney. He said he had contacted three by phone and was still waiting on one to call him back.

Karl told him to hire one and to return to court with him on Nov. 6. Pinkerton was found guilty in magistrate court on July 1 of driving left of center and driving under the influence.

Tracy A. Keller, 46, of Dodd Street, Middlebourne, appeared in court with her attorney, Jessica Myers, for further proceedings in her case. Keller was charged by the June Tyler County grand jury with two counts of illegal drug activity in Tyler County. Myers told the court they have reached a resolution in the case which involves drug court and are still working out the details. She said her client meets with a specialist on Dec. 4. Karl ordered her to return to court on Nov. 17. Keller was allowed to remain free on bond.

Joshua R. Smith, 29, of S. Chelsea Street, Sistersville, appeared in court alongside his attorney, Kevin Neiswonger, who said he believes a plea agreement is close, but they need a little more time to resolve the matter.

Smith is charged with conspiracy to commit an offense against the state by manufacturing methamphetamine, a Schedule II controlled substance and felony possession of a precursor with intent to manufacture methamphetamine. The offenses are alleged to have occurred between Nov. 27, 2013, and Jan. 31, 2014.

Judge Karl continued the case until Nov. 17. He ordered Smith to remain in contact with his attorney and to return on that date. Without objection his bond, was allowed to continue.

Richard D. Hooks, 40, of Rippentuck Road, Friendly, appeared in court alongside his attorney Kevin Neiswonger, who told the court there is an agreement in principal but because Hooks works out of state there are some details that need to be worked out.

Hooks is charged in an indictment handed down by the June grand jury with the felony of third-offense DUI.

Karl set a return date for Nov. 17 to hear the plea. Hooks, who is on bond, was allowed to remain free and ordered to return on the date above.