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Smith sentenced for grand larceny

By Staff | Nov 12, 2014

On Thursday the Honorable Judge Mark A, Karl sentenced Raymond L. Smith, 25, of Middlebourne, to his original sentence of not less than one nor more than 10 years in the custody of the Commissioner of the Department of Corrections for the felony offense of grand larceny.

He was charged by the October 2013 term of the Tyler County grand jury with two felony offenses and one misdemeanor. Through a plea agreement, he pleaded guilty to felony grand larceny and the remaining two charges were dismissed. He was sentenced to one to 10 years and subsequently placed on probation. He was also ordered to enter drug court.

He was terminated from drug court on July 15 and, according to the probation office, was not seen after that. He was later arrested for the probation violation and taken to the North Central Regional Jail. At a hearing held on Oct. 29, Smith pleaded guilty to violating his probation. Judge Karl set a return date of Nov. 6 for a revocation-sentencing hearing.

Judge Karl on Thursday asked Smith if he had anything to say prior to sentencing. Smith said he let his addiction get the best of him again. He said he would like another chance in drug court.

“The candy store is closed, we’re not going through that dance,” said Judge Karl. He then imposed the original sentence and gave Smith credit for time served. He was remanded to jail and ordered to be transferred to the Department of Corrections to begin serving his term.

Also on Thursday, Jonathan E. Glendenning, 24, of New Martinsville, appeared in court alongside his court-appointed attorney, John Gainer of the Public Defender Corporation. The hearing was scheduled for formal arraignment and to set bond.

Glendenning is charged with five felony counts of forgery and five felony counts of uttering, all alleged to have occurred between December 2012 and January 2013 in Tyler County. On Thursday his attorney advised him to stand silent and asked the court to enter innocent pleas on Glendenning’s behalf. Judge Karl ordered the innocence pleas be entered into the record.

Gainer asked the court to set bond in the amount of $5,000 cash/surety. Judge Karl asked if there were any other charges pending against Glendenning. Gainer and Glendenning both said there were not. Special Prosecutor Carl Bryant was aware of a prior felony conviction on Feb. 7, 2012, which was drug related. He said he didn’t object to the $5,000 bond.

Judge Karl set bond at $5,000 and ordered a return date of Nov. 24. He told Glendenning to stay in contact with his attorney. “If you are able to make bond, be sure and be back in court on Nov. 24,” Karl told the defendant. Glendenning was remanded to jail.

Joseph D. Bassett, 39, of Monroe County, Ohio, appeared in court alongside his court appointed attorney, Brent Clyburn. Bassett, who is presently incarcerated at the North Central Regional Jail, was in court on a fugitive from justice charge. He has outstanding warrants in Monroe County, where he is charged with drug trafficking.

On Thursday he waived his right of extradition, saying he wanted to go back to Monroe County. Judge Karl ordered him remanded to jail to await transportation to Monroe County, Ohio, to face the charges.

James V. Wells, 26, of Middlebourne, was in court on Thursday for a scheduled revocation/sentencing hearing. Wells had been convicted of driving on a license suspended for DUI and a shoplifting charge, sentenced, and placed on home confinement. He was later found to have violated home confinement and was sent to jail. After his release he was placed on probation, which he has now admitted to violating.

Wells’ attorney, John Gainer, told Judge Karl, that his client has a couple things he would like to ask the court to consider. Wells does have a problem with alcohol and he admits it. “His father has informed me he has seen a remarkable change in his son over the past few months,” said Gainer. “He said his son is finally doing things to get his life in order.” The attorney said Wells has been attending a welding class and has a letter of recommendation, plus a welding certificate. He said his client has been trying to get into a treatment plan, but the problem has been he doesn’t have any insurance. He wants to get into rehabilitation as soon as possible.

Judge Karl asked Wells if there was anything he would like to tell the court. “I realize, and on several occasions, that I have a problem with alcohol, I just want you to know that I am closer than I have ever have been in my entire life to actually having a career,” said Wells. “This is as sincere as I have ever been. I have a problem, your honor, and I just need help.”

Karl asked Wells if he had attended any AA meetings. Wells said he had on and off for a couple months, but he hasn’t for the last two weeks because he didn’t have any transportation. He said if the court wanted him to attend those meetings, he would. Wells said he wants to continue with his welding career.

Karl told Wells he would take the information and testimony under advisement and revisit the charges in court on Nov. 24. He told Wells to attend AA meetings and bring back documentation showing he had been there. “I don’t want to hear anything about you not having transportation to get there,” added Karl.

Wells was allowed to remain free on bond. Judge Karl said he would make a decision on Nov. 24.

Eddie Dale Pinkerton, 30, of 173 Riverview Est. Lot 23, of St. Marys, W.Va., failed to appear in court on Thursday for a scheduled hearing on his appeal of a magistrate ruling. Gary Rymer, representing the state, told the court Pinkerton had hired an attorney who was unable to be here. He said they have jointly agreed to a motion to continue at a later time.

Karl accepted the motion and continued the case until Dec. 4. He told Rymer to inform Pinkerton’s attorney of the date.

Pinkerton is appealing a magistrate ruling which found him guilty of DUI and driving left of center.

Seth M. Morris, 25, of Middlebourne, appeared in court alongside his attorney, John Gainer, for a Rule 35 Motion. Morris was sentenced on Aug. 25 to one to five years in the West Virginia Penitentiary for Men after pleading guilty to felony conspiracy to commit an offense against the state for crimes committed in Tyler County on June 16, 2013. Three other charges-felony breaking and entering a building other than a dwelling and two counts of misdemeanor destruction of property-were dismissed. Through the plea agreement, he was in court to argue for a reduction in sentence and be placed on probation.

Gainer told the court his client is close to having served 191 days and has had no write ups, Prosecutor Luke Furbee stated he had confirmed that Morris had no infractions, therefore he didn’t object to his release once he serves his 191 days which will be up on Nov. 20.

Karl, said he would grant Gainer’s motion, providing Morris has no infractions between now and Nov. 20, at which time he will be placed on two years supervised probation. Morris was told to make arrangements before he leaves to see probation officer Stephanie Moore regarding an appointment in her office on the second floor of the Wetzel County Courthouse. He was told to see either her or Chief Probation Officer John D. Lantz regarding the terms and conditions of probation. “Read them carefully,” he was told by Karl, “If you violate any of the terms and conditions, you will be brought back and your probation could be revoked.” He was ordered to return to court on Nov. 24.

Shelly R. Davis, 43, of Third Street, Middlebourne, appeared alongside her attorney, Dreama D. Sinkkanen, for a possible plea hearing. Davis is charged in a two-count indictment handed down by the June term of the grand jury. She is accused of the felony offense to commit an offense against the state for the purpose of manufacturing methamphetamine and the felony offense of possession of precursor with intent to manufacture methamphetamine. The crimes are alleged to occur between Oct. 22, 2012, and Aug. 28, 2013, in Tyler County.

Sinkkanen said they have an agreement, but more time is needed to complete it. Prosecutor Furbee said he could have the paperwork done in a few days. Judge Karl set Dec. 4 as a return date and passed the matter until then.

He told Davis to stay in contact with her attorney and her bond was allowed to continue.