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Boor sentenced to one to five years

By Staff | Nov 20, 2013

Zachary S. Boor

Zachary S. Boor, 23, of Middlebourne, was sentenced in Tyler County Circuit Court Thursday to his original punishment of one to five years in the West Virginia Penitentiary for Men.

This came after he freely admitted in court on Nov. 7 to violating the terms of his probation. Boor was placed on probation for two years on Nov. 17, 2011, for delivery of a controlled substance and delivery of an imitation controlled substance.

Boor has a history of drug related crimes, he has been incarcerated since Sept. 23, and in and out of jail since February. In Wetzel County he has been on probation, then had it revoked for domestic battery charges. Charges involving drugs are still pending in Ohio County.

In September his probation was revoked and he was sentenced to 253 days. He has been given credit for 112 days. The state’s position is, he had received credit on the Wetzel County sentence for which he was not entitled. “I agree with that, he should not receive credit for anything other then that served since Sept. 23,” said Karl.

Prosecutor Luke Furbee said the state recommends the court, impose the original sentence. The original sentence was not less than 1 year nor more than 5 years in prison.

Justin Craft, Boor’s attorney, citing a provision of law, stated he believes his client is entitled to credit for all time served. “I would ask then that the court place him back on probation,” suggested Craft.

Judge Karl said that was not going to happen. Then Craft asked the court to reconsider the credit for time served issue. Karl said Boor had been given credit properly from Sept. 23 and it is the order of the court that Boor be confined to the West Virginia Penitentiary for Men for a period of not less than one nor more than 5 years. He is ordered to be transfered to the Division of Corrections so he will no longer be a charge to Tyler County. He will receive credit for time served since Sept. 23.

At the conclusion of the hearing, Craft asked Karl if his client would receive credit for time served at the Anthony Center. Judge Karl allowed that time as credit.

Jennifer L. Smith of Tyler County, was back in court on Thursday seeking a modification of her probation. She is on probation in York County, Pa., but living in Tyler County. Consequently, Judge Karl is not sure he has any jurisdiction in the matter.

The probation is from a Pennsylvania sentence for failing to protect her minor child. When that probation was transferred to West Virginia, the probation carries a condition that Smith not be allowed around minor children. However, in Pennsylvania her probation doest not include such a restriction. In fact, she currently visit with her child in Pennsylvania.

This has become an issue as Smith is pregnant and there are fears that her child could be taken from her based on the probation restriction.

Judge Karl said that since her last appearance on Nov. 8, he had spoken with a supervisor in York County but had not spoken with Smith’s probation officer. He is waiting to receive a call from her after 3 p.m. that day. He believed the modification that Smith’s attorney, Justin Craft, was asking for is part of the rules and regulations governing the state of West Virginia concerning probationers. He stated at some point she may have to go back to York County to have a judge approve a disqualification.

“I’m not going to take any action in this case today,” said Karl.. He then asked Craft when his client was due to give birth. Craft said on Dec. 2, but she has had to go to the hospital with contractions and it is very likely she will be giving birth before that.

Karl said his next motion date in Tyler County is Dec. 5. She is under the supervision of a probation officer in Wheeling. “I am going to conditionally remove the provision so she can have the child with her at home,” said Karl. “I will reset this case for Dec. 5 at 10 a.m. If she is able to be here. If not, I will set another time.” Craft was told to submit an order on this matter to the court.

Brandon L. Rodriquez, 25, of 232 Maple Ave, New Martinsville, appeared in court for arraignment alongside his attorney, John Gainer. Rodriquez was indicted in October on charges of felony obtaining money under false pretenses.

Gainer told the court that he had not opened the file in the case and was not formally appointed as his attorney. Rodriquez has met the eligibility requirements for court appointed representation. Judge Karl then set the matter for Dec. 5 at 10 a.m. and ordered him remanded to the North Central Regional Jail. He remains under $5,000 bond.

Mary Moffit, 25, of Sistersville, appeared to argue sentencing. Moffit who is represented by Kevin Neiswonger, was in court to ask for alternative sentencing on her charges handed down by the October grand jury. She pleaded guilty to stealing money from her father-in-law to support her drug addiction.

According to her attorney, “She has spent close to four months in jail. She has always accepted responsibility for her actions, she knows what she did was wrong, she also is submitting a letter to to court which she would like to have read. She has fully cooperated with law enforcement since day one. That does not excuse her actions or her conduct, but in is not unusual for a spouse to go along with her husband, especially when they both are suffering from drug addiction.”

Judge Karl asked her why he should take a chance on her by putting her on probation and let her out. She stated she had two small children, ages six and eight. She said she was now drug free and clean. She indicated she would stay that way and that he would not she her in his court again.

Karl told her she was responsible for making restitution to the victims. He said he had mixed emotions about releasing her, but he was going to take a chance on her because of her age. He released her on two years supervised probation and suspended the balance of her sentence. She was ordered to report to Probation Officer John Lantz to go over the rules and regulations of probation. Karl then read to her many of those conditions and sternly warned her that if she violated any of them, she could have her probation revoked and the original sentence imposed.

He then told her probation was a privilege and not a right. “I do not want see you here again,” said Karl. “Good luck to you.”

William B. Neff, 51, of Middlebourne, appeared back in court alongside his attorney, Public Defender John Gainer. Neff is facing nine counts of sexual crimes handed down by the October grand jury. His attorney indicated to the court they hadn’t yet looked at the discovery and needed more time with his client. Karl ordered a return on Dec. 5, and he was remanded back to jail. His bond will continue.

Maverick Stewart, 21, of Sistersville, who entered a plea of innocence on Nov. 7 to a six-count indictment from the October grand jury was back in court on Thursday.

His attorney, Neiswonger, told the court he needed more time to look at magistrate charges and to study the state’s discovery. He also needed more time to confer with his client. Judge Karl set a return date of Dec. 5 at 10 a.m. and remanded Stewart back to jail.

Robert Wilkinson, 49, of Sistersville, was in court on Thursday for a plea agreement. Wilkinson is charged with felony third offense domestic battery. In July of this year Wilkinson stood silent and the court entered an innocent plea on his behalf.

Judge Karl asked if there was a motion to withdraw the innocent plea. Wilkinson’s attorney, Gainer, replied, “Yes, your honor.” Karl asked Wilkinson the same question, which he answered in the affirmative. As part of a standard series of questions to defendants when offering a plea of guilt, Karl asked Wilkinson if he understood that he had a right to persist with an innocent plea, to which Wilkinson responded, “I’m not guilty, I know that.”

Karl then said, “You say you are not guilty. Very well, pass this until Dec. 5. You may want to talk to your attorney.” His bond will continue until the Dec. 5 appearance at 10 a.m.