Plea agreement is refused
The Honorable Judge David W. Hummel Jr., set trial dates for two defendants charged in Tyler County with nighttime burglary.
Kristica R. Skelley, 33, of 24537 Energy Highway, New Martinsville, and Richard Lee Bender, 27, of P.O. Box 1555, Falling Waters, W.Va., appeared before Hummel on April 7 for pre-trial hearings on charges handed down in an indictment by the February term of the grand jury.
They are accused of committing the felony offense of nighttime burglary by entering without breaking a dwelling house belonging to another individual, with the intention to commit a crime.
Hummel, ordered a trial date for April 13. He told Gainer and the defendants the court would no longer accept any plea agreements from them. Hummel also approved a motion from Gainer to allow Bender to appear at trial in street clothes.
Bender was remanded to jail and Skelley was allowed to remain free on bond. Both defendants were ordered to appear on Monday at 8:30 a.m.
Randall Glenn Masters of 22 Klondike Rd, Alma, appeared in court alongside his attorney, Gainer, on April 7 for a pre-trial hearing. Masters is charged in a two-count felony indictment by the February Tyler County grand jury.
Count one of the indictment charges him with fraudulent use of a credit device, alleging he used a credit device not belonging to him to purchase a purchase a 2013 Matthews Creed Tactical Bow Package, for $1,499.99. The offense is alleged to occur on June 27, 2014, in Tyler County.
Count two of the indictment alleges he committed the felony offense of embezzlement, also occurring on June 27, 2014.
Gainer an agreement had not been reached and asked for a trial. Judge Hummel ordered a trial to begin today.
Michael John Cross, 35, of 124 Terry Lane, Sistersville, charged by the February term of the Tyler County grand jury in a-one count indictment of embezzlement appeared before Judge Hummel on April 7, for a pre-trial hearing. Cross had pleaded innocent to the charge on March 19. His former bond of $5,000 personal recognizance was allowed to continue and a trial date of April 13 was set.
At Tuesday’s hearing Jay Gerber, counsel for the defendant, asked the court for a continuance to allow him time to go over a large amount of discovery. He said he had just received it on March 24 and it is quite lengthly.
Prosecutor Luke Furbee said there is another witness he would like to talk to, so he does not object to the continuance.
He told Judge Hummel he anticipates a two-day trial, at least.
Judge Hummel granted the motion for continuance and ordered a final pre-trial hearing for May 21, with a trial date beginning May 28. He ordered all motions to be delivered by May 11. Cross was allowed to continue on bond.