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Jury forfeits convicted drug dealer’s property
Commission conducts short meeting
On the West Virginia Homefront
Ambulance in river call bring quick response
Journalism students write about cancer touching them
County residents receive GSC awards


Jury forfeits convicted drug dealer’s property

On April 30 the jury trial in the case of West Virginia State Police, vs: 16,000 square feet of real estate situate on the waters of Carpenter’s Fork, in Otter District, Braxton County; and personal property seized from Helen Rose. The Honorable Richard Facemire, Judge of the Circuit Court presided.
On November 7, 2007, Braxton County’s Assistant Prosecutor Daniel Dotson filed a petition seeking the forfeiture of certain real property/land and personal property owned by Helen Rose and her son, Bobby Joe Dennison. The petition alleged that the defendants used the property in order to facilitate drug transactions and drug activity. Helen Rose was previously convicted of five counts of Delivery of a Controlled Substance and one count of Possession with Intent to Deliver. Judge Facemire in that particular case sentenced the Defendant to the maximum time in the penitentiary where Helen Rose, currently remains.
The State of West Virginia appeared by her Prosecuting Attorney, William C. Martin. Helen Rose and Bobby Joe Dennison were represented by Clay Attorney Wayne King.
On the first day of trial the Prosecutor called Helen Rose and Sgt. John Bonazzo to testify. On the second day of trial, the Prosecuting Attorney recalled Sgt. Bonazzo and then Erin Fezzell of the West Virginia State Police Lab, Brandon Gumm, Emma Butcher, Joey Stalnaker, Jamie Butcher, Bert Cochran, Jr., Connie Hamrick, and Ryan Rollyson, before resting the State’s case.
Attorney King made a motion for a directed verdict and a motion to dismiss alleging saying Prosecuting Attorney, Martin, had failed to make his case. Judge Facemire denied the motion to dismiss relating to the real property finding that the Prosecutor had made a case involving both Helen Rose and Bobby Joe Dennison. The Judge found that the State had failed to prove its case involving the forfeiture of certain personal property and granted the Defendant’s motion for a directed verdict and dismissal involving the items of personal property.
The Defendant’s attorney called Eddie Facemire and Bobby Joe Dennison to testify. At the conclusion of the Defendant’s case, Judge Facemire instructed the jury with regard to the law. The attorneys followed with their closing remarks. The case was given to the jury at approximately 3:20 p.m. At approximately 4:20 p.m. the jury advised Judge Facemire that they had reached a verdict.
The jury found that Helen Rose had used her land and real property in the facilitation of drug transactions and forfeited Rose’s fifty percent interest in the real property. The jury found that Bobby Joe Dennison did not use his portion of the property for the facilitation of drug activity and found in favor of him. The jury also found in favor of the State involving $320.00 which the State was seeking to forfeit.
The Court advised the Defendants of their right to appeal this matter. Defendant Helen Rose was remanded to the custody of the Sheriff to be returned to the State Penitentiary to continue serving her sentence handed down in the criminal matter.
On Thursday, April 24, the Circuit Court of Braxton County was in session. The Court heard the following matters:
In the matter of the State of West Virginia vs: Roger Pettry, the State appeared by her Special Prosecuting Attorney Clint Bischoff. The Defendant was represented by G. Ernest Skaggs, for a hearing. Judge Richard Facemire noted that this matter was a case assigned to Judge Alsop and it would not be proper for the Court to take up issues involving this case. The Judge indicated that Prosecuting Attorney erroneously set the matter before the Court when it should have been set before Judge Alsop.
Nancy Shaw, with the assistance of counsel, Bryan Hinkle, appeared to enter a plea. Pursuant to a plea bargain agreement between Prosecuting Attorney Martin, Shaw agreed to enter a plea of guilty to Delivery of a Controlled Substance, Oxycodene and conspiracy. In exchange for the guilty pleas, Martin agree to dismiss the remaining charges in both indictments.
Shaw told the Court that she was guilty of selling her prescription drugs for profit. Judge Facemire ordered a presentence investigation report to be prepared, as required by law, and set the matter for sentencing on July 14, at 11:00 A.M.
Nova Michelle Bender, with the assistance of counsel, Brian Bailey, filed a motion to dismiss the charges against her. The Defendant’s attorney told the Court that his client was charged with the felony offense of possession with the intent to deliver a controlled substance. Bender had appeared before the Magistrate Court on May 24, 2006, and the matter was bound over to the Grand Jury for presentation. The Defendant’s counsel argued that the State of West Virginia was required to present any matter to the Grand Jury within two terms of Court. Bailey further argued that since six terms of Court had gone by and the Prosecutor had not presented this matter for Indictment that the criminal complaint would have to be dismissed and the Defendant released from bond. The Prosecutor agreed that by law the matter should have been presented. Martin did not oppose the motion to dismiss the matter. Judge Facemire dismissed the matter without prejudice which means the State of West Virginia and the Prosecuting Attorney could bring the matter back before the Court.
Misty Dawn Kammerer, appeared in Court with her counsel, Richard Holicker, for a hearing on the probation officer’s petition to revoke the probation. On the 10th day March, 2006, the Defendant entered a plea of guilty to the felony offense of uttering. Judge Facemire sentenced Kammerer to not less than one nor more than ten years in the penitentiary and ordered the sentence be suspended, and the Defendant serve one year on home confinement and five years on probation. After being placed on home confinement, it is alleged that Kammerer failed to appear in Court and failed to be hooked up on home confinement.
Kammerer admitted the allegations in the petition and requested the Court readmit her to home confinement and probation. Prosecuting Attorney Martin opposed the Defendant’s motion. Judge Facemire denied the Defendant’s motion for probation and home confinement and sentenced her to not less than one nor more than ten years in the penitentiary. The Judge remanded Kammerer to the custody of the Sheriff to be delivered to the Central Regional Jail to await transfer to the State Penitentiary system.

Commission conducts short meeting

The regular session of the Braxton County Commission was a short one last Friday, May 2. The absence of three individuals scheduled to appear before the body prompted their topics to be tabled. Connie Harper was not present to discuss the Erbacon Road waterline extension. Ted Elonis was not in attendance to talk about the Jeremiah Carpenter Bike Trail. The Commission took no action on the budget revisions previously requested by Sheriff Howard Carpenter due to his absence.
Routine business conducted during the session included: approval of the probate appointments for the month of April as presented.
David Jack made a motion to approve an application for erroneous assessment for Vera M. Given. The property had been assessed in Class II when it was occupied by the owner.
Three purchase orders were approved on a motion by Terry Frame. All three were submitted by Assessor Larry Clifton. They were; $1,084.71 to Quality Printing Company for various envelopes and tax guides, $1,016.50 to Casto and Harris for 15 land books and $480 to Evans Auto Repair for four tires for the Assessor’s Jeep.
Commission president Mike Chapman read a brief letter of resignation from Chris Floyd pertaining to his resignation to the Braxton County Civil Service Board. The resignation was accepted on a motion by Terry Frame.
It was Commissioner Frame who made a motion to allow a concrete pad to be poured on the back of the Animal Shelter for the base of an addition to house cats, as long as it was paid for by the Humane Society. Action on a quote to build the addition amounting to $35,500 was tabled.
Under the topic of old business, David Jack reported that the Exchange voting prescient new location was complete. Terry Frame reported on a letter received from Dan Grindo, a member of the Civil Service Board, stated that a complaint had been received pertaining to the status of the Chief Deputy and the board would be looking into it.
A question was asked from the audience pertaining to the matter of Flatwoods Canoe Run PSD request for $50,000 in supplemental funding. The media representative was told that PSD officials wanted more time to review the amount of their request.
Being no further information the meeting was adjourned at 9:25 a.m. The next regular meeting of the Braxton County Commission will be on May 16 beginning at 9:00 a.m.

On the West Virginia Homefront

By: Lee Fisher
The origins of Mother’s Day originated in ancient Greece where a number of ‘mother’ goddesses were worshipped. In the English speaking world, England celebrated a special day that was known as Mothering Day in the 1600’s. This day evolved into a day of taking small gifts and baked goods to English mothers wherever they might be in the British Isles.
West Virginia holds the honor for having the first United States Mother’s Day observance on May 10, 1908 when Anna Jarvis of Grafton, West Virginia ask that an observance be held in her mother’s honor at a local church. Though never married and childless, Anna Jarvis became active in establishing Mother’s Day because of her own mother who expressed a desire that all mothers, past and present, should be honored for the contributions made by them. Eventually, President Woodrow Wilson proclaimed the second Sunday in May as National Mothers Day. The President asked all Americans to offer their respect and love for mothers publicly.
As I sit to write this story, hundreds of thousands of men and women in the Armed Forces around the world are thinking about picking up their cell phones on Mothers Day to express their love and appreciation for their mothers. Few of them, I suspect, realize that for millions of, primarily, men before them, taking a pen to paper was the only way of communicating in past conflicts with any loved one. Often, these letters were received after the dreaded knock on the door came to tell them that their son was lost or was not coming home.
My mother, too, received one of these Mothers Day letters. Now faded, the letter resurrects emotions that few understand unless they have been on the writing or receiving end of such letters. My mother was fortunate that I came home to give her a hug and reclaim the hundreds of letters that I had written in 1969 and 1970 from Vietnam.
The following Mothers Day letter had laid dormant for over thirty years before I could bring myself to read it. Although faded, it still sparks of hate, love, fear, tenderness and everything else that is thrown into the mind of a young soldier in a war zone. I share it to honor not only my mother but also the mothers of my friends who never had the opportunity to hug their sons or share another Mothers Day with them.
May 9, 1970
“Mom,
I received your letter yesterday that spoke about Grandpa’s illness, the birth of the kittens, etc. I also got one from Rosemary who is very upset with me for my decision to go back to the field. I guess everyone in the United States thinks only of the danger involved here. I guess it’s dangerous ; but we really don’t have time to think about it. My squad is short on men, so since I am back on my feet, I’m going back to help them out.
We’re now being led by a second lieutenant who just got off the plane a few weeks ago. His decisions are not always being made with everyone’s safety involved, so I hope my eyes and ears should be a help to the rest of the men. Many of them are not that experienced either. I never thought that I would be in a situation where I went from a college campus to a place where people are always asking, ‘What do we do now?’
I discovered by accident today that Mothers Day is in a few days. I forgot this, completely. I want to wish you the best day possible and know that your only son couldn’t ask for any better a mother. I know that your life has been difficult; but in spite of this you have loved me, unconditionally, and I’m not sure that I ever returned it in the way you wanted me to. All I want is the opportunity to come back from this disgusting place to tell you these things in person. Some of the guys around me have no families, and the things that you have sent to all of them over the last year have meant a lot to all of them. Many of them have promised to come to the wedding and give you a big, wet kiss for remembering them. I’ve never given you too many big, wet kisses; but I look forward to that first one because I will then know that this place will be nothing but a bad dream for me.
I don’t have too much more to add other than I will be sending a list of names for wedding invitations. I guess I will try to have to gain some weight so that my clothes don’t look too baggy. The other day on a firebase, some of the guys picked me up rucksack, weapon, ammo and all and hung me on a bamboo tree. They laughed and told me that when I got big enough to join the Army, they would take me down. After I fired a round in the air, they all decided, I guess, that I was big enough, and off of the tree I came.
Love, Lee”
Like this faded letter, my mother began to fade from her world a few years ago as the beginning stages of Alzheimer’s robbed her of most of her ability to reason, remember, or even rejoice at the things in life that most don’t give a second thought to. I am not even sure that she remembers the fear and anxiety of her only son being in a distant dangerous place; but I hope that in some far recess of her mind she remembers the joy of that big hug and kiss I gave her when I stepped off the plane.
Lee Fisher is a Little Birch resident and Adjutant of American Legion Post 33, Braxton County.

Ambulance in river call bring quick response

Sutton Firefighters were awakened to a terrifying call last Friday. The alarm indicated that an ambulance had plunged into the Little Birch River. Fifteen volunteers sprang from their beds when the 2:10 a.m. alarm was sounded.
The Braxton County Ambulance was eventually located in a remote southern corner of the county. Fortunately, no one was injured.

The ambulance crew had been summoned to the resident of William Miller. Upon arrival, the crew was told of an alternate route to the very poor road traveled to arrive at the patient’s location. The problem, the $50,000 emergency vehicle would have to cross Birch River to get to the alternate route. Not knowing the river crossing proved to be an error in judgment for the crew, as the Ambulance stalled before completing the crossing, in water up to the headlights.
The patient and Emergency Medical Technician waded the waste deep icy waters to get to the bank. They were taken to Braxton County Memorial Hospital where they were later released.
The driver remained with the ambulance until the wrecker arrived and winched it from the river. A damage estimate is incomplete, thought the vehicle was believed to be seriously damaged.

Journalism students write about cancer touching them

The American Cancer Society Relay for Life represents the hope that those lost to cancer will never be forgotten, that those who face cancer will be supported, and that one day cancer will be eliminated.
Earlier this year a group of Braxton County High School students had the privilege to have first hand information given to them about the American Cancer Society and Relay For Life. Debra Groves, Community Manager from the American Cancer Society and Braxton County Relay for Life Public Relations Representative Kim Craft, gave a video presentation and several pieces of very informative literature to the class.


“Celebrate the lives of people who have battled cancer and are still battling the disease,” says Craft. “The strength of our survivors inspires others to continue their fight. Remember the loved ones lost to the disease. At Relay, those who walk alongside people battling cancer can grieve and find healing. Fight back. We relay because we have been touched by cancer and desperately want to put an end to the disease. Make a commitment to save lives by taking up the fight.”
The student’s articles, to be printed over the next several weeks, reflect the efforts of Mrs. Brenda Gibson’s third and fourth period introduction to journalism classes. Following the presentation by Groves and Craft, students composed their feature stories.
“I’m grateful to both Kim and Debbie for enabling these students to write a meaningful feature story about a real-life program – one that saves lives,” journalism instructor Gibson said. “This proved an excellent learning experience for all my students. In addition, we’re hoping their stories will increase awareness of the upcoming relay for Life in Braxton County.”
On behalf of the American Cancer Society and the Relay For Life, “Thank you goes to all the students for their interest in fighting back and their hard work,” Craft said.

County residents receive GSC awards

Five students from Braxton County received Academic Achievement Awards at the 2008 Glenville State College Honors Convocation held on Wednesday April 23rd. The awards recognize exceptional academic accomplishments and contributions to the Glenville State Community.
Nora Jane Hall of Sutton was honored by the GSC Business Department. She is a senior Business Administration major. Hall represented GSC at the West Virginia Society of CPAs Annual Student Night in Morgantown and Annual Recruiting Fair in Charleston.

Everett M. Wine of Burnsville is a senior Physical Education major. He received his award from the GSC Department of Education. While at GSC Wine has been an active member of Alcohol Prevention program, worked with the Gilmer County Special Olympics, was a fitness instructor at the GSC Fitness Center, and a volunteer in the GSC Athletics Department.
The GSC Department of Science and Mathematics honored Faith N. Harper of Sutton. She is a senior Biology major. Harper presented a poster on her genetics research at the West Virginia Academy of Science. Her protocols will allow high school science teachers to participate more fully in the statewide science initiative supported by the GSC NASA grant.
Robert C. Carr of Gassaway received his award from the Department of Social Science. Carr is a senior majoring in Social Studies Education. He is currently completing his student teaching and will receive his degree on May 10th.
Shelly L. Leggett of Burnsville was honored by the GSC Department of Social Science. Leggett is senior majoring in Psychology and Sociology. She represented The GSC Criminal Justice Program on the advisory board and at Education Day at the State Capitol.
In congratulating these students, GSC President Dr. Peter Barr said, “These are students who make a real difference at Glenville State College in the classroom, on the campus, and in the community. They are truly engaged students.”

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