On Tuesday, February 7, the February term of the Braxton County Grand Jury convened with the Honorable Richard A. Facemire, Circuit Court Judge presiding. The jury returned indictments against 12 individuals on a total of 29 various charges.
Harry Jacob Hinkel, IV, 31 of Gassaway was indicted on three felony counts of failure to register or provide notice of registration changes by the grand jury. WVSP CPL George Jones presented the evidence from his investigation in July 2022 concerning violations to the sex offender registry including place of employment and his Facebook profile. He is required to register for life following a conviction in 2014.
Heather Dawn Bender, 41 of Sutton is facing felony charges of delivery of methamphetamine and possession of methamphetamine with intent to deliver after coming before the grand jury. BCSD Deputy Bradley Pickens was part of the investigation of a traffic stop that occurred on July 11 in the parking lot below the Sutton Dam. During the search of the vehicle, narcotics and items used for distribution were located in the car driven by Bender.
Gordon Dale Davis, III, 33 of Youngstown, OH was indicted by the grand jury on the charge of fleeing with reckless indifference. On December 4, Deputy Pickens participated in an attempted traffic stop near Locust Estates outside of Sutton. Officers followed the vehicle to a residence on Old Turnpike Road before arresting Davis in the home.
Cody Montana Lough, 30 of Sutton has been charged with two felony offenses, destruction of property and damage to property used for transmitting or distribution telecommunications or cable service. Deputy Pickens presented the evidence from an investigation to copper theft from Frontier Communications. A Frontier worker informed the deputy he caught Lough in the act of cutting the wires which led to service in the Herold area being disrupted.
Lisa Marie Barker, 32 of Cairo and Kevin James Byrd, 37 of West Union went before the grand jury and were each indicted on three felony charges, grand larceny, burglary, and conspiracy. WVSP TPR Caleb Harper investigated a breaking and entering that occurred in Burnsville in May of 2022.
David Fae Duffield, 64 of Little Birch was indicted and charged with two felony counts of failure to register or provide notice of registration changes. WVSP CPL John David Jordan, II investigated the case and presented to the grand jury. Duffield failed to update his registry after being released from incarceration in June of 2022 and also for failing to come in for his annual registration that he is required to do by law. He was previously convicted of sexual abuse in October 2013.
Cynthia Dawn Ellis, 39 of Belle has been indicted by the grand jury on the felony charges of possession of methamphetamine with intent to deliver, conspiracy, and aiding escape, and other offenses relating to adults in custody of confinement. On April 30, WVSP TPR E.W. Clark along with other troopers responded to a complaint in the Burnsville area. During the investigation, drugs were located on Ellis’s body during a search and items used for distribution were located in the vehicle she was a passenger.
Heather Kristen Hall, 35 of Morgantown was charged with aiding escape and other offense relating to adults in custody of confinement. In August of 2022, Hall was found to have brought methamphetamine and marijuana into the Central Regional Jail. WVSP SR TPR Joseph Garrett was the investigating officer.
Justin Charles Nichiniello, 46 of Birch River, was indicted by the grand jury on four felony charges, two counts each of burglary and conspiracy, and two misdemeanors, petit larceny and destruction of property. BCSD Deputy Andrew Groves presented the evidence to the grand jury from an investigation on May 23. The deputy and other law enforcement officers responded to a call of a burglary in progress on Herold Road in Sutton leading to the charges.
Martin Luther Wrack, 34 of Charleston has been charged with prohibited person in possession of a firearm after appearing before the grand jury. Lt Patrolman Luke Johnson from the Burnsville Police Department assisted with a traffic stop in Burnsville. During the search of the vehicle, officers located a handgun. Wrack, the driver of the vehicle, had been previously convicted of a felony in 2015.
Laddie Dean Nichols, 69 of Frametown was indicted by the grand jury and charged with prohibited person in possession of a firearm and failure to register or provide notice of registration changes. Officers CPL Jordan and Deputy Pickens presented the evidence to the grand jury from investigations in September 2022. Officers located a firearm on Nichols’ property. He was previously convicted of sexual abuse in 2011.
