Felonies dominate Circuit Court docket
By HEATHER SMITH
A Middlebourne man pleaded guilty in Tyler County Circuit Court Dec. 22 to four of the six charges against him
heard a number of felony cases
Kevin D. Leek, 33, of P.O. Box 202, Middlebourne, guilty to two felony counts of breaking and entering a building other than a dwelling and two misdemeanor charges of petit larceny to have allegedly occurred in July.
He was sentenced to not less than one and no more than 10 years for each of the two charges of breaking and entering. For each of the two petit larceny charges, Leek received six months.
The sentences are to be served concurrently in the North Central Regional Jail in Greenwood, W.Va.
Judge Mark A. Karl asked Leek what he had done.
Leek replied, “I took the items in order to buy drugs.”
He was also ordered to pay $50 in restitution to Ronny Smith and court appointed attorney fees.
Additionally, one count each of breaking and entering a building other than a dwelling and petit larceny, were dismissed.
In another matter, Karl released Jessica L. Cooper-Boor, 25, of 302 Staley St., Middlebourne, on her former bond against the motion of Acting Prosecuting Attorney Timothy Haught.
Cooper-Boor is facing one felony count of possession of a controlled substance (marijuana) with intent to deliver and one felony count of possession of a controlled substance (heroin) with intent to deliver.
Haught argued that Cooper and co-defendants Christopher A. Olszewski and Colby J. Acree were recently charged with an additional felony charge in Allegheny County, Pa., for possession of heroin while on bond for a possession charge in Tyler County.
According to Haught, 60 stamps of heroin were found in her lap during a traffic stop.
Under the conditions of the bond agreement, Cooper was not to leave the state.
Cooper’s attorney, Roger Weese, asked that she should be released on bond to face the charges and court dates in Pennsylvania.
Karl released her on her former bond and she is to return to Tyler County Circuit Court on Feb. 10 at 1 p.m.
Karl granted a request for two years supervised probation from Carol Stewart, 47, of Middlebourne Manor, Middlebourne. She is to report to Probation Officer John Lantz before Jan. 10.
Stewart was sentenced to one to three year sentence for one felony count of delivery of a controlled substance and three counts of contributing to a minor in May of this year.
At her last appearance, Karl granted her home confinement, which began Dec. 1, after serving six months in the West Virginia State Prison for Women. Stewart’s attorney, John Gainer, informed the court she has started taking GED classes and is attempting to turn her life around.
Timothy J. Channell, 45, of HC 62 Box 105, Jacksonburg, waived his right to speedy trial on a felony malicious assault.
His bond is continued and is to return to court on Feb. 10 at 1 p.m.
In the case of Michael S. Walker, Karl was to hear testimonies from the nurse and the doctor who performed the diagnostic blood test the night he was charged with driving under the influence.
Walker, 37, of 142 Pine Lake Drive, Scott Depot, W.Va., is charged with felony DUI causing death which occurred on November 2008.
Walker’s attorney, Kevin Neiswonger, stated the doctor was no longer employed by Wetzel County Hospital and therefore, he could not contact him.
Karl ruled the case be continued until Feb. 3 at 1:30 p.m. by which time Neiswonger is expected to locate the doctor and then the hearing is expected to take place.
Bond was continued for Samuel Wade, 30, of HC 74 Box 13C, Alma, who is in the process of plea negotiations.
Wade is charged with one felony count of embezzlement and one felony count obtaining money by false pretenses. Bond is continued and Wade will return to court on Jan. 7 at 10 a.m.
Mary Elizabeth Drawdy, 36, of 1093 Tyler Highway, Sistersville, appeared in court to waive her right to a speedy trial. Drawdy is facing one felony count of delivery of a controlled substance (Hydrocodone) and one felony count of manufacturing of a controlled substance (Marijuana).
Her bond was continued and she was ordered to return to court on Jan. 7 at 10 a.m.
Kimberly J. Rial, 20, of 28 Rose St., Lot 79 N., New Martinsville, appeared in court to face two felony charges of breaking and entering a building other than a dwelling, one felony charge of petit larceny and one misdemeanor charge of destruction of property.
Prosecuting Attorney Luke Furbee filed a motion to revoke her bond, stating he had a copy of a criminal complaint in Pennsylvania. Furbee went on to state that while out on bond, Rial is facing five felony indictments in Wetzel County.
“She is a danger to public safety, revoke her bond and put her in jail where she belongs,” said Furbee.
In defense of Rial, Gainer asked Karl to release her on bond for proceedings in Pennsylvania.
Karl granted her to be released on former bond and she is to return to court on Jan. 7 at 10 a.m.
According Gainer, he and his client, Jessica E. Grimes, 29, of 237 Klondike Ave., Sistersville, are negotiating a plea offer.
Grimes is facing three felony counts of of breaking and entering a building other than a dwelling and three misdemeanor counts of petit larceny.
Bond was continued and Grimes is to return to court on Jan. 7 at 10 a.m.
April Hollsberry, 30, of HC 67 Box 36A, Centerpoint, W.Va., also appeared before Karl.
Hollsberry is charged with one felony count of obtaining goods by fraudulent pretenses where common scheme exist and three misdemeanor counts of false pretenses.
She posted bond in Magistrate Court was continued and she is ordered to return to court on Jan. 7 at 10 a.m.