Karl orders Kendall to serve a year
A Sistersville man was sentenced by Judge Mark A. Karl Dec. 2 to one year in the North Central Regional Jail beginning Jan. 22 with a work release.
For more than two years, Dusty Todd Kendall, 27, of 230 Wood St., Apt. 209, Sistersville, has been free on bond. He was sentenced to one year in jail for a battery charge that he pleaded guilty to in a bench trial in Magistrate Court back in 2008. However, he exercised his automatic right of appeal from Magistrate Court, which stayed the sentence and gave him the right to have a new case in Circuit Court.
Since his sentencing, Kendall had not served any time in jail.
At his last appearance on Nov. 19, Judge Karl heard testimonies from Kendall and Doug Tawney’s family and took the matter under advisement.
In June of 2007, Kendall had a physical altercation with his employer, Douglas Tawney. As a result, Tawney sustained a broken jaw. While he lay in the hospital with his jaw wired shut, he had complications which ultimately resulted in his death on July 7, 2007.
Prosecuting Attorney Luke Furbee said, “Doug Tawney was the first client I ever had and I was actively representing him in some matters when he died. Doug was the kind of man that always tried, even when things weren’t going the best. As a legal matter, the defendant’s charge of battery was the correct charge and I’m glad the court decided to uphold the original sentence. The decision of the court to permit him to work to support his child residing with his former spouse speaks for itself. Doug certainly didn’t deserve the set of circumstances brought on by this defendant.”
Kendall is to report to the NCRJ on Jan. 22 at noon to begin his sentence, ordering him to be committed to jail for one year, but permitting him work release, which means that he will be confined to the NCRJ at all times except when he is actually engaged in gainful employment.
Six others were also on the docket for Wednesday’s court session.
Michael S. Walker, 37, of 142 Pine Lake Drive, Scott Depot, W.Va., appeared with his attorney, Kevin Neiswonger. Walker was charged with a felony count of driving under the influence of alcohol causing death. He was traveling southbound on W.Va. 18 with passenger Paul Lyttle III of Charleston on the evening of Nov. 23, 2008, when the accident occurred. Lyttle did not survive the accident and was pronounced dead on the scene.
Walker’s attorney represented to the court that he intended to file a motion to suppress evidence of Walker’s blood alcohol concentration as is contained in hospital records. Although Neiswonger has yet to file the written motion, a discussion took place regarding the method used to extract Walker’s blood specimen at Sistersville General Hospital.
Karl noted that whether or not alcohol was used to disinfect the injection point might have some bearing on the issue. Furbee stated that he believes the evidence will be that even though the specimen was not obtained for the purpose of a “DUI blood-draw,” that betadine was used by the hospital instead of alcohol. Furbee produced a copy of a hospital record which apparently showed betadine was used.
Karl ruled that the BAC evidence was admissible.
Walker’s bond is continued and Karl ordered him to return back on Dec. 22 at 1:15 p.m.
Jessica L. Cooper-Boor, 25, of 302 Staley St., Middlebourne, is charged with felony possession of a controlled substance (marijuana) with intent to deliver and felony possession of a controlled substance (heroin) with intent to deliver.
At her last appearance, Boor’s attorney, Roger R. Weese, filed a motion for discovery. Her bond is continued and she is to return back on Dec. 22 at 1:15 p.m.
Shawn W. Long, 39, of P.O. Box 145, Middlebourne, is charged with three counts of second offense of battery on a police officer and an information charging him with DUI to have occurred on Sept. 21, 2008.
Long appeared with attorney John Gainer of the Public Defender Corporation, but Judge Karl heard the cases against him in chambers. Long was to have gone to trial on Dec. 7.
Long requested time to attempt to secure retained counsel and, over the objection of the State, Karl granted him time to do so and continued the trial. His bond was continued.
Kenny S. Harrison, 56, of 807 B. South Third Ave., Paden City, was charged with two felony counts of delivery of a controlled substance (marijuana). Harrison, along with his attorney, Weese, stated to Karl that they plan to go to trial.
The two-day trial date has been set to begin on Jan. 14, 2010.
Kevin D. Leek, 33, of P.O. Box 202, Middlebourne, is charged with three felony counts of breaking and entering a building other than a dwelling and three misdemeanor counts of petit larceny.
At his last appearance his attorney, Weese, filed a motion for discovery. His bond is continued and was ordered to return on Dec. 22, at 1:15 p.m.
Mary Elizabeth Drawdy, 36, of 1093 Tyler Highway, Sistersville, is charged with a felony count of delivery of a controlled substance and a felony count of manufacturing a controlled substance. Her attorney, Weese, stated to Karl that they are going over a plea offer. Karl continued her bond and ordered her to return back on Dec. 22 at 1:15 p.m.