Defendants waive right to have a speedy trial
Defendants waived their rights to a speedy trial during proceedings in Tyler County Circuit Court Thursday.
Daniel S. Finley, 25, of 201 Dodd St., Lot 4, Middlebourne, was present in court on Thursday alongside his attorney, Brent Clyburn, for a status hearing on his case. Finley is charged with felony sexual assault in the third degree.
Clyburn said that he is confident there will be an agreement in this case, but despite the finding that his client is competent to stand trial, he still is not sure his client completely understands the plea agreement process.
He told Judge Mark A. Karl he has instructed Finley to stay in court that day to observe the plea process. Clyburn said he still needs time to confer with his client, but he believes they are near an agreement.
Karl asked him if his client would be willing to waive this term of court, to which Clyburn and Finley both responded in the affirmative.
Karl ordered Finley to return to court on Feb. 12, his bond was continued and he was told he was free to leave.
Timothy J. Channel, 49, of 3219 Braden Hill Road, Jacksonburg, waived his rights of this term of court. He is ordered to return on Feb. 12. As no agreement has been reached in his case, he is asking for a trial date.
Channel is charged in a two-count indictment from the October Tyler County grand jury of felony malicious assault and misdemeanor domestic battery second offense. Both are alleged to have occurred on Aug. 23. Channel had previously been convicted in Tyler County Magistrate Court of domestic battery in 2009.
Both the defense and the prosecution agree that an agreement is unlikely. Judge Karl continued his bond with no objection from the state.
The case of Gary J. Willey Jr, 33, of 925 Lynn Camp, New Martinsville, was set for a possible plea on Thursday, but was passed until Feb. 6 as Willey’s attorney, Shane Mallett, was not in court Thursday.
Judge Karl told the state to contact Mallett about the return date.
Willey is charged with two counts of embezzlement. His bond was continued.
Brandon L. Rodriguez, 25, of 232 Maple Ave., New Martinsville, appeared alongside his attorney, John Gainer, on Thursday.
It was mentioned that there is a possible plea agreement offered by the state and more time is needed to go over it. The defendant waived the term of court. Judge Karl ordered him to return to court on Feb. 6 and to stay in touch with his attorney. He was allowed to remain free on bond.
Rodriguez was indicted by the October grand jury on the felony offense of obtaining money under false pretenses. He is alleged to have intentionally defrauded a victim of $2,918 by contracting to furnish materials and labor for the installation of a metal roof. After receiving the money he never returned to fulfill the agreement. The alleged transaction occurred on May 21.
William B. Neff, 51, of of Box 13 B, Middlebourne, appeared on a motion to determine voluntariness of statements. However the state’s witness, Deputy Shannon Huffman, was not available.
Judge Karl passed the case until Feb. 6. Neff was ordered back at that date and remanded to jail.
Neff was charged by the October term of the Tyler County grand jury with nine felony counts, all of a sexual nature.
Finally, the case of Matthew Douglas Witsoe, 25, of Rt.,1 Box 152-2, Beverly, W.Va., was passed until Feb. 6 after some private discussions concerning a possible plea agreement.
Witsoe is charged with a three-count indictment handed down by the October grand jury. He is charged with the felony offense of breaking and entering and two misdemeanor offenses of destruction of property, all having occurred on June 16, in Tyler County.