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Courthouse News 12-19-2013

police dept signCircuit Court News
On Mon., Dec. 9, Judge Jack Alsop presided over his regular motion day in Glenville. Eight juvenile matters were heard and reset as follows: March 10 at 9:00 a.m., Feb. 10 and 9:20 a.m., Jan. 13 at 9:45 a.m., Jan. 27 at 1:30 p.m., Jan. 3, 10:00 a.m., Jan. 13 at 9:20 a.m. and Jan. 3 at 10:00 a.m.

State vs. Larry Lilly was before the Court for sentencing; however, on motion of Daniel Grindo, due to receiving the presentence investigation on Fri. and not having a chance to go over it with his client, Alsop reset the matter for Jan. 13 at 11:45 a.m.

A civil matter involving the estate of Haymon Cottrill was heard and the Court took the matter under advisement pending the receipt of one signed affidavit accepting the settlement.

In the civil matter between G. Dave Ramezan vs. Gerald B. Hough et al, Alsop sent the motion for recusal to the Chief Justice of the Supreme Court for assignment of a new Judge. Chief Judge Facemire had previously recused himself in the matter.

State vs. Gary Dobbins was before the Court for further sentencing after he had successfully completed the program at Anthony Center. Dobbins was represented by Christina Flanigan of Buckhannon and was placed on probation for 4 years, with request being made to transfer his probation of Harrison County where he is now residing with his mother.

Wed., Dec. 11, Chief Judge Richard A. Facemire heard several matters in Gilmer County Circuit Court.

Six juvenile were heard and reset as follows: three for March 24 at 9:00 a.m., one for Feb. 24 at 9:00 a.m., one for March 24 at 9:10 a.m. and one for 9:20 a.m.

State vs. Austin Biro pled guilty to count 4 of his indictment (conspiracy to commit grand larceny) and the other 3 counts were dismissed with prejudice by the State. Biro was represented by Garth Beck of Clarksburg and will be sentenced on Feb. 24 at 9:15 a.m. Later, upon being drug screened by the probation officer, Biro once again flunked his urine test and was ordered sent to CRJ until he tests negative for THC, at which time he will be released on his former bond.

State vs. Jeremy Harris was sentenced to 1-10 years in the penitentiary upon his former plea of guilty to grand larceny. His sentence was suspended and Facemire ordered he be sent to Anthony Center for Youthful Offenders where he will serve a term of not less than six months nor more than 2 years. He was denied probation and home confinement, but was later released until 4:00 p.m. on Dec. 28 to travel to Ohio to visit his father who has cancer and is scheduled for surgery. Harris was represented by Clinton Bischoff of Summersville.

Bischoff also represented Shanna Johnson for her sentencing. She was denied home confinement and probation, despite eloquent appeals by her father and by her personally. Facemire sentenced her to 1-10 for uttering and 1-10 for forgery to run consecutively and she must pay court costs within 18 months of her release.

State vs. Jaron Biscombe was also before the Court for sentencing after his probation was revoked. Facemire sentenced him to 1-3 with no fine, but court costs and ordered his sentence run concurrent with his 1-15 year sentence he recently received in Harrison County. Biscombe was represented by David Hart.

Judge Jack Alsop also heard three juvenile matters on Thurs., Dec. 12 and scheduled further hearings in them for Feb. 10 at 9:30 a.m., Jan. 9 at 9:00 a.m. and Jan. 13 at 1:00 p.m.

He also heard a revocation of probation hearing in the case of State vs. John Edgar Phillips. Phillips had been in CRJ since Nov. 1 and Alsop gave him credit for 42 days on the 60 day sentence he gave him. Phillips' incarceration is all chargeable to the Div. of Corrections, thus saving the county the jail bill cost for his incarceration. Phillips was represented by David Karickhoff of Sutton.

Family Court News

Two divorces were granted on Weds., Dec. 11, 2013 by Family Court Judge Larry Whited.
Cathy Ann Nolan (27) of Glenville divorced Mitchell Nolan (32) also of Glenville.
Kimberly Massey (36) of Normantown divorced Chet Massey (44) of Sand Fork.

City Police Reports & Citations
On Tues., Dec. 10, Whitney N. King was cited for possession of cannabinoids.

State Police Reports & Citations
On Wed., Dec. 11, Traci N. Pyles was cited for no proof of insurance.

Worthless Checks
On Weds., Dec. 11, Somerville Exxon sued Shelia A. Marks for a worthless check in the amount of $38.91.

Civil Court
Gilmer County Magistrate's Court

On Mon., Dec. 16, A+ Ventures, LLC sued Breana Riffle in the amount of $2,244.90.
On Tues., Dec. 10, A+ Storage sued Jed Collins in the amount of $500.00.

Misdemeanor
Gilmer County Magistrate's Court
On Wed., Dec. 11, Jamie Tomey was charged with a worthless check complaint from Simmons Country Store in the amount of $192.54. She plead guilty and was sentenced to pay the amount of the check, plus $160.25 court costs, $25 for bank service fees, $25 for the worthless check charge and a $10 fine.

On Fri., Dec. 13, James A. Phillips pled no contest to the charge of driving suspended/revoked for DUI, first offense. In exchange for this charge, the state dropped the felony charges of driving revoked 3rd offense, attempted breaking and entering, conspiracy to commit breaking and entering and being a felon in possession of a firearm. He pled guilty to other previous charges of obstructing an officer and destruction of property. He was fined and sentenced to 6 months on home confinement, less the time he had already spent in jail.