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.”
