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Judge Karl handles Circuit Court cases

By Staff | Oct 16, 2013

Curtis Lemasters, 28, of N. Second Ave., Paden City, was sentenced on Oct. 3 in Tyler County Circuit Court before Judge Mark A. Karl.

He pleaded guilty to third or subsequent offense of driving on a license revoked for driving under the influence and an information charge of conspiracy to commit an offense against the state, grand larceny. He was sentenced to one to three years and one to five years, respectively, in the West Virginia Penitentiary for Men. The sentences are to run concurrently.

Count one occurred on Dec. 29, 2012, while operating an all-terrain vehicle on state Route 2 just south of Paden City. Count two occurred when he allegedly stole a four-wheeler. Lemasters was ordered to pay a $3,000 fine and costs of prosecution. Additional, he is to pay $461.66 to the victim.

Karl granted a request from his attorney Brent Clyburn, that Lemasters be released to take care of family business until Oct. 11, at which time he is to report to the North Central Regional Jail at noon.

A third charge was dismissed. It was for second offense driving under the influence.

Also, as part of the agreement, Lemasters must be truthful and forthright about the other two co-defendants in the case. He may have to testify in any of their court proceedings.

Coy L. Moffitt, 31, of Sistersville, pleaded guilty to the felony charge of grand larceny, stealing $2,600 or more on Aug. 9 from his father’s residence. The money was being saved by his father to be used for his wife’s headstone.

He had originally denied the charge but later admitted to taking the money to help support his drug problem. The guilty plea was accepted and he was ordered to make restitution to his father, Coy Moffitt Sr., in the amount of $2,600, to Carol Stuart $422, and to Martha Michaels $33.43. Counts 1,2,3,5,6,7,8,9 and 10 of the indictment were dismissed. He was remanded back to jail and ordered to report back to court on Nov. 7 to argue sentencing.

Mary Moffitt, 25, of Sistersville, also pleaded guilty to grand larceny, an identical charge to the one above. Before Judge Karl, she stated that she had a drug problem and that K2 was her drug of choice. She was also ordered to make identical restitution and the other nine counts of her indictment were dismissed. She was also ordered to return to court on Nov. 7 at 10 a.m. for sentencing.

Both Moffitts were remanded to jail.

Jessica L. Seckman, 28, of Alma, was released on Thursday. On April 2, 2012, Seckman pleaded guilty to the felony charge of concealment of a child from a person entitled to visitation. Judge David W. Hummel Jr. sentenced her to the maximum sentence for the crime-one to five years in prison.

At the hearing she was 10 days short of two years, with probation included. Judge Karl stated, “I know the state objects to your release, but I think two years is enough. Ms. Seckman, I’m going to let you out and I don’t want to see you again.”

Karl dismissed the case against Abdul-Kahar A. Al-Janaby, 33, of New Martinsville. On April 19, 2012, Judge David Hummel sentenced Al-Janaby to 45 days in North Central Regional Jail for the misdemeanor charge of domestic battery. The sentence was suspended and he was able to serve the time on home confinement, followed by two years supervised probation.

Because of his plea, Al-Janaby was detained by immigration with the intent to deport him.

Prosecutor Luke Furbee said it was never the desire of the state for that to happen. He felt that if Al-Janaby had known he was to be detained, he may have entered a different plea.

Furbee further stated it was the state’s desire to have the charges dismissed and the defendant released from probation. ChIef Probation Officer John Lantz, who said Al-Janaby had always been compliant, had no objections.

Zachary S. Boor, 23, of Middlebourne was in court on Thursday alongside his attorney, Justin Craft, on a petition to revoke his probation for two counts of possession of a controlled substance and expired registration. He is facing similar charges in Ohio County, where he is scheduled for a pre-trial hearing on Oct. 22. He recently had his probation revoked in Wetzel County, based on the Ohio County complaint. Boor was ordered to return to Tyler County Circuit Court on Nov. 7 at 10 a.m. He then was remanded back into custody.

Kae L. Cornell, 41, of 631 S. 3rd Ave., Paden City, had her probation revoked and was sentenced to 60 days in jail with credit for time served.

On Aug. 1 she was sentenced to 60 days in jail, but that was suspended and she was placed on 12 months probation stemming from a charge of receiving stolen property. On Aug. 20 she was arrested for driving on a license suspended for driving under the influence. Once again she was arrested on Sept. 8, for third offense driving on a suspended license and possession of a controlled substance. She admitted to violating the terms and conditions of her probation and was remanded to the North Central Regional Jail.

Lewis R. Anderson 19, of, 6310 McElroy Creek, Shirley, appeared in court on a petition to revoke probation. Anderson was released from prison on Sept. 5 and placed on 12 months probation after serving six months and one day for brandishing a weapon, battery, and domestic assault. He was again arrested and charged with second offense domestic battery. The offense allegedly occurred at his home. He was brought to the magistrate office where bail was set at $5,000 and he was taken to jail. On Thursday he waived the preliminary hearing and a return date of Nov. 7, 10 a.m., was set. He was remanded back to jail.

Tanya Smith, 46, of 125 N. Sixth Ave., Paden City, was in court on Thursday for a motion for a mental status exam. She is charged by the State Fire Marshal with first degree arson to have occurred on Aug. 20, alleging she set fire to her residence at 622 S. 3rd Ave., Paden City. Her request for a mental exam was granted with no objection from the state. She was ordered to have the exam at either Freemour, Sigley Psychiatric in Morgantown or the Charleston Psychiatric Group, which every can do it most expediently. She is to report back within 10 days of taking the exam. She was allowed to remain free on her original $20,000 personal recognizance bond.