Domestic complaint results in arrest on felony charges in two counties
Sutton Police Chief C. B. Westfall responded to a domestic complaint at approximately 11:15 p.m. on the 26th of January. Chief Westfall took the statement of the ex-girlfriend of Donald Owen Riffe. The complainant alleged Riffe hit her in the face and as she was trying to leave her residence, struck her with his vehicle. Chief Westfall noted a bruise on the complainant’s face and a deep cut on her hand.
Chief Westfall advised Braxton Sheriff Deputy Propst of the situation and Deputy Propst attempted to locate the vehicle. Deputy Propst also notified Trooper G.H. Jones and Trooper J. M. Maynor that there had been a domestic battery complaint in Sutton and the subject, Daniel Riffe left the scene. At approximately 11:33 p.m., Troopers Jones and Maynor arrived in Sutton to assist Chief Westfall who advised the officers that Riffe had allegedly struck his ex-girlfriend with a gray Ford Escort and continued south on Old Turnpike Road. At approxi-mately 11:46 p.m. Deputy Propst advised Troopers Jones and Maynor that he had located the vehicle traveling south on US 119 into Nicholas County. Trooper Jones advised Deputy Propst to initiate a traffic stop on the individual; Propst was able to stop the vehicle about 2.5 miles into Nicholas County.
Troopers Jones and Maynor arrived on scene at approximately 12:03 a.m. Upon searching Riffe’s vehicle, Trooper Jones, Trooper Maynor, Deputy Propst and Deputy Stump located and seized 17 individually wrapped bags of what the officers believed to be methamphetamine weighing approximately 9.15 grams combined. Trooper Jones then arrested Riffe.
Riffe was arraigned
in Nicholas County for the possession with intent to deliver a controlled substance charge and in Braxton County for domestic battery and malicious wounding. Riffe is currently being held at Central Regional Jail on a $50,000 bond for the Nicholas charge and a $20,000 cash bond for the Braxton charges.
Gassaway welcomes new Physicians Assistant
Braxton County Health Associates welcomes a new member to their staff in Gassaway. Scott Shomo is the new Physician’s Assistant (PA). A Physician Assistant is concerned with preventing, maintaining, and treating human illness and injury by providing a broad range of health care services that were traditionally performed by a physician. Physician Assistants conduct physical exams, diagnose and treat illnesses, order and interpret tests, counsel on preventive health care, assist in surgery, give medical orders and write prescriptions.
Shomo is from Harmon, WV. He is the father of three children, Allyssa, 14, Kierston, 11, and Christian, 9. He is also engaged to be married to Donielle Teter in July of this year. Shomo graduated from Phillip Barbour High School in 1992. He went on to receive a bachelor’s degree in Physician’s Assistant from Alderson-Broaddus. From there he continued his education and earned his masters degree in Advanced Physician’s Assistant and Emergency Medicine. “I enjoy helping people. The best part of my job comes from my interaction with the patients,” said Shomo.
In addition to his job in the medical field he shows his dedication to those around him in other ways. Shomo has served on the Harmon Fire Department since 1990. He is also a member of the Randolph County EMS, and serves as the Randolph County Medical Examiner.
“Scott will make a wonderful addition to the staff in Gassaway. He has proven to be an asset to the community in the time that he has been here,” said Dr. Douglas Given. For more information call the office in Gassaway at 304-364-8941.
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Circuit Court has busy week
Two area residents were sentenced by the courts in the January 19th sessions of Braxton County Circuit Court. Quannah Canfield, along with her attorney Christopher Moffet appeared before Judge Facemire for sentencing resulting from a guilty plea to the felony offense of possession of a controlled substance with intent to deliver. With no objections from Prosecuting Attorney Kelly Hamon McLaughlin representing the state, the courts granted the motion for probation and ordered the sentence of confinement to the State Penitentiary for a period of not less than one year nor more than five years be suspended and Canfield re-admitted to probation for a period of five years.
Randy Gaddy Jr., along with Counsel David Karickhoff appeared for sentencing resulting from a guilty plea to the felony offense of grand larceny. Karickhoff requested that his client be granted alternative sentencing, the State represented by Prosecuting Attorney McLaughlin stood silent in the matter. Facemire granted the motion for probation and ordered the sentence of incarceration in the State Penitentiary for a period of not less than one year nor more than ten years be suspended and Gaddy be admitted to probation for a period of five years. In addition to probation, Gaddy is responsible for paying a pro-rata share of restitution to Glatfelter Claims Management in the amount of $12,706.58. In appearing before Judge Facemire, Gaddy tested positive for a controlled substance and was remanded to CRJ until which time a negative drug screen could be obtained and Gaddy be released and returned to probation.
Prosecuting Attorney McLaughlin announced to the court at the plea hearing for Deborah Brady that the state and defendant and her counsel, Christina Flanigan had reached a plea agreement. Brady pleads guilty to the felony offense of delivery of a controlled substance, marijuana, and felony offense of conspiracy. The state agreed to dismiss the remaining charges included in the indictment. Facemire then accepted Brady’s guilty plea on both offenses. Sentencing hearing was delayed for the purpose of a pre-sentence investigation to be completed by the Fourteenth Judicial Circuit Probation Department.
Cristal Hanshaw and counsel Thomas J. Drake appeared for a plea hearing concerning the felony offense of delivery of a controlled substance, oxycodone. Prosecuting Attorney McLaughlin, representing the state, advised the courts that an agreement had been reached. Judge Facemire accepted Hanshaw’s plea of guilty to the felony offense of delivery of a controlled substance, oxycodone, then moved that sentencing be delayed until the Fourteenth Judicial Circuit Probation Department could conduct a pre-sentence investigation and return a complete report to the attention of the court. Hanshaw was ordered to return to court of February 13th for sentencing.
Justin Adkins along with counsel, Christina Flanigan, appeared before the court concerning the State, represented by Prosecuting Attorney McLaughlin, filing a petition for revocation for probation. Adkins admitted to the allegations contained in paragraphs three and four of the petition to revoke probation. Judge Facemire then ordered Adkins’ probation revoked. Flanigan moved the court return Adkins to probation, a motion which Prosecuting Attorney McLaughlin did oppose. Judge Facemire further noted that the actions of Adkins indicate that he will not comply with the terms and conditions of probation or alternative sentencing, as he has failed to follow the same previously. Judge Facemire went on to note that Adkins suffers from a mental condition, substance addiction and has failed to maintain employment. Also Judge Facemire finds that alternative sentencing would depreciate the seriousness of the offense, as the actions of Adkins were a deliberate violation of probation. Judge Facemire then denied the motion for alternative sentencing and ordered Adkins upon his conviction by the entry of his guilty pleas of the felony offense of forgery is sentenced to the maximum confinement in the penitentiary for a period of not less than one year nor more than ten years. Adkins was granted credit for time served awaiting disposition in the matter, 249 days in CRJ and 294 days at the Anthony Correctional Center. Adkins must pay the costs of this action as taxed by the Clerk within 18 months after being released from incarceration. Adkins was remanded to the custody of the Commissioner of Corrections.
Assistant Prosecuting Attorney, Keith F. Cooper representing the State and Sewell Eli Priest with Counsel Steven Nanners came before the court for an evidentiary hearing upon Priest’s petition for a writ of habeus corpus ad subjiciendum. In the evidentiary proceedings the court found that the habeus corpus statute, which provides that a defendant can file a writ of habeous corpus if one, is incarcerated, under sentence, or imprisoned. The court took judicial notice that Priest was not incarcerated in the matter. Further the court found that more than 120 days had elapsed since the effective sentence date which the court loses jurisdiction to modify or change the sentence after said sentence is imposed. Also petitioner, Priest, had named the improper party as the respondent in habeus corpus. Judge Facemire dismissed the petition noting all parties’ objections and exception in the matter.
John Ryan Richardson appeared with Counsel Daniel Grindo for a jury trial regarding Richardson’s three count indictment with the felony offense of grand larceny, breaking and entering and destruction of property. Assistant Prosecuting Attorney Keith Cooper represented the State of West Virginia. After both the State of West Virginia and Grindo, on behalf of Richardson, announced to Judge Facemire they were ready for trial jury selection commenced and a jury was selected and empaneled to hear the case.
Assistant Prosecuting Attorney Cooper called witnesses and at the conclusion of the State’s case, Grindo made a motion for a directed verdict, and a motion to dismiss for failure of the prosecution to prove their case. Trooper Maynard testified that his investigation did not reveal any evidence that would prove, link, or tie John Ryan Richardson to the theft of two handguns and welding leads from, Parsons Excavation, Inc. TFC Maynard further testified that he did not have any evidence that Richardson was the individual who broke or entered into Parsons Excavating, Inc. premises. TFC Maynard went on to testify that he did not have any evidence that Richardson defaced, destroyed nor damaged the property of Parsons Excavating, Inc.
Based on the State of West Virginia’s failure to prove its case, Judge Facemire had no recourse but to grant Richardson’s motion to dismiss the indictment. Judge Facemire noted that it was the belief and opinion of the court that the failure of the State of West Virginia to prove Richardson guilty does not mean that he was innocent but rather the State failed to prove its case. Furthermore, Judge Facemire adds that the State knew prior to jury selection that it could not prove its case but made the decision to proceed instead of making a motion to dismiss alleging that the State could not meet its burden of proof. However, since the State choose to precede on the current indictment double jeopardy attaches and Richardson cannot be charged with any other criminal offense arising out of this alleged criminal act. Judge Facemire concluded that the State knew or should have known that it could not prove the case well before jury selection and the trial began and could not prove Richardson guilty, but instead the State choose to proceed with the trial. Judge Facemire ordered that the Prosecuting Attorney, Kelly Hamon McLaughlin, and Assistant Prosecuting Attorney Keith Cooper shall personally pay the jury costs and fees in this matter.
Braxton’s Relay for Life begins planning this year’s event
Braxton County Relay for Life held their Kick-off celebration at the Braxton County Middle School Thursday night. The celebration commenced with a power point presentation detailing the importance of the Relay and what they hope to accomplish. Pictures from past events were showcased. Last year, Braxton County Relay for Life raised $27,775.00 to help the American Cancer Society continue the valuable life saving research. This year the group hopes to exceed that amount.
The highlight of the night was when this year’s theme was announced, “United We Stand in Our Fight against Cancer”. In year’s past the event has been hosted at Holly Gray, but this year’s Relay will take place in the parking lot of the Braxton County High School. Relay for Life is a life-changing event that helps communities across the globe celebrate the lives of people who have battled cancer, remember loved ones lost, and fight back against the disease. Cancer affects the lives of so many in this community, Relay is an opportunity to take some of the power back from a disease that takes so much from so many.
Members of different teams and their team captains attended the meeting. After the power point presentation and a hot dog dinner was served, details of this year’s events were mapped out. The group discussed several different ideas that they thought will make this year’s event a success.
The next meeting will be held at Braxton County Middle School on February 9th at 6pm. The community is encouraged to attend. For more information on Braxton County’s Relay for Life chapter contact Cathy George at 304-765-5323 or Missy Jones at 304-678-8791.
Ballot set for Primary Election
With the filing period closed, it appears that the ballots for the Primary Election can be prepared. In all 22 individuals filed for office before the deadline. The office bringing the most attention seems to be the bid for the two Board of Education seats. Originally there were seven political hopefuls, but one candidate withdrew.
Ernie Moore of Gassaway seeks another term on the non-partician Board of Education and Roger Hall filed but later withdrew. Moore is joined by 4 candidates from the Western district. Former member Mike Chapman, and the final 3 to file for the Board seats were JD Whitsel, Van Carr and Bill Morlan all of Gassaway. The only candidate from the Southern district to file is Jennifer “Keener” Olah of Frametown.
Sheriff George Keener of Sutton will seek another term in office. Also filing for the position is former Sheriff Howard Carpenter of Gassaway, Eddie Williams of Ireland, and former Deputy John Stump of Burnsville.
Three candidates filed for the seat open on the County Commission. Incumbent David Jack Sr. of Exchange, Ronald L. “Ron” Facemire of Sutton and Roger W. Hall of Duck all vie for the office.
There were no new filings for Prosecuting Attorney. Incumbent Kelly Hamon McLaughlin of Gassaway, former assistant Daniel Boyd “Dan” Dotson III of Camden on Gauley, and former prosecutor Paula M. Cunningham of Frametown complete the list of candidates for the prosecutors office.
Incumbent Arlene Herndon of Sutton no longer runs unopposed in her bid for Assessor as Jonathan Wine of Burnsville throws his hat in the ring.
Magistrates Beth (Prince) Smith of Sutton and Larry Clifton of Sutton both seek re-election to their offices.
S. Pat Roberts of Sutton will run unopposed for County Surveyor as will Harold K. Skidmore of Heaters for Conservation District Supervisor.
Special meeting becomes heated between PSD boards
The Flatwoods-Canoe Run Public Service District held a special joint board meeting on Friday, January 27. The joint meeting was to discuss issues related to Case No.11-1175-PWD-C and Case No. 1-0896-PWD-PC filed by the Birch River Public Service District with the West Virginia Public Service Commission. The meeting was called to order by John Gibson, chairman of the Flatwoods PSD board, at 9 am. He reminded those present that they were there to discuss controversial issues and to keep their comments accurate and short.
Present at the meeting were attorneys for Flatwoods PSD, Birch River PSD, and two representatives from the WV Public Service Commission and several members of both board of directors. The first item discussed at the meeting was how both districts could work on establishing improved communications and working relations. Since communications had deteriorated between the two Public Service Districts the policy currently in place was that all communications had to be in writing. Mike Davis, chairman of the Birch River Public Service District board of directors, requested that the employees of Birch River be able to call to receive tank elevation reports. He stressed the importance of these reports to keep water loss at a minimum. After some discussion both parties agreed to those phone communications and that a written report would be issued twice monthly, around the first and fifteenth to be available.
The possibility of consolidating the facilities was brought up briefly. Both parties were adamantly opposed to that idea. A representative from the West Virginia Public Service Commission asked those present to see past their hostility and consider the possibility that consolidation may benefit the customers in both areas by lowering rates. After additional discussion the group who continued to remain opposed to the idea decided they could best serve their customer bases with local offices, thus increasing availability.
They moved on next to Birch River’s items of contention concerning billing errors they felt had been made to their detriment. They alleged they had been overbilled in the amount of $14,294.50. They claim that the water they were billed for by Flatwoods-Canoe Run could not have been used because the amount far exceeds the tanks capacity. This brought into discussion a master meter that Davis suspected was faulty. The meter is still under warranty and Davis requested the company, CI Thornburg, run a diagnostic test on the meter. The meter is located in Flatwoods’ jurisdiction and the request to CI Thornburg must come from the Flatwoods office. Rodney Pritt, manager in Flatwoods, believed that Birch River should incur the cost of $841.00 to have the meter tested. Several members of the group questioned why the PSD should incur any cost for a meter that is still under warranty and could be tested for free. After some discussion on the matter Pritt agreed to call and set up the test.
The group moved on to the items of contention Flatwoods-Canoe Run had. First on the agenda was the partial payment of last month’s bill. Birch River was to receive a credit in the amount of approximately $3500.00. Instead of waiting to be issued the credit Flatwoods PSD alleged that Birch River took the amount off of their payment for last month’s bill. Birch River interjected that while the amounts were similar the monies they subtracted were from a previous overbilling issue. A representative from the WVPSC stated that the proper procedure would be to file a grievance concerning the bill, not withholding payment. Davis questioned why they should have to pay a bill they did not owe. The next item was an unpaid legal bill for the amount of $437.50 for the preparation of a revised contract for the sale of water between the two PSDs. Pritt maintained that the utility is responsible for the payment under the contract. It was brought up that there were several items under the old contract that were not upheld and that voided the obligation. No resolution was reached. The next item was an unpaid bill for training a Birch River PSD employee to use the new Appalachian Billing System. Pritt charged that Davis had agreed to pay for an employee from the Flatwoods’ office to train the Birch River employee. Pritt maintained that Birch River owed Flatwoods $5033.99 for the training. Davis countered Pritt by stating his employee, as part of her training, helped the Flatwoods employee with her daily activities on the billing system, freeing her to complete other tasks as well. Davis added that Birch River PSD was led to believe the training was included in the amount they contributed to the software program when it was purchased. Pritt disagreed. No resolution was reached.
The meeting adjourned at 11:30 so that the Flatwoods board of directors could go into an executive session.
