On Tuesday, November 05, 2013, the November 2013 term of Court began with Chief Judge Richard A. Facemire presiding.
First thing, he indoctrinated the grand jurors and at 9:35 AM.
The jury went to their grand jury room to consider their indictments.
At 11:04 AM the jury returned 5 indictments as follows:
• State of West Virginia vs. Judy Ann Gillespie
She was indicted for one count of manufacture, delivery or possession of a controlled substance.
She is represented by Christina Flanigan of Buckhannon.
• State of West Virginia vs. Conner Madison Smith
He was indicted for one count of operating or attempting to operate a clandestine drug laboratory (methamphetamine).
He is represented by Bryan Hinkle of Buckhannon.
• State of West Virginia vs. James Lee Ash
He was indicted for one count of attempt to commit daytime burglary and one count of conspiracy to commit daytime burglary.
He is represented by Clinton Bischoff of Summersville.
• State of West Virginia vs. Austin Richard Biro
He was indicted for 2 counts of grand larceny, one count of daytime burglary and one count of conspiracy to commit grand larceny.
He is represented by Garth Beck of Clarksburg.
• State of West Virginia vs. Ricky Lee Townsend
He was indicted for one count of manufacture, delivery or possession of a controlled substance with intent to manufacture or delivery a controlled substance (Percocet) and one count of operating or attempting to operate a clandestine drug laboratory (methanrohetamine).
He is also represented by Bryan Hinkle.
Judge Facemire also heard other matters on Tuesday.
• John McKtnnon, a fugitive torn justice from the state of NY waived to return to New York.
He was represented by Christina Flanigan and authorities have until 4:00 PM on Friday, November 15, 2013 to pick him up or Central Regional Jail will release him.
• One juvenile matter was continued.
• A magistrate civil appeal was set for hearing but one party did not appear on time.
The appellant has 10 days to provide farther information to the Court and he took the matter under advisement later.
The other party did show up for the hearing, but it was already over.
• A magistrate criminal appeal was also set for hearing, but Prosecutor Hough was confused about the process of appeal from magistrate court and the Court stayed the magistrate’s ruling and will hear the matter in Braxton County on Thursday, December 05, 2013 at 11:00 AM without objection from either attorney, John Davis, the defendant is represented by Daniel Gtindo of Gassaway.
On Thursday, November 07, 2013 several arraignments were held. Trials were set in the following cases:
• State of West Virginia vs. Judy Gillespie will be first trial on Tuesday, January 14, 2014.
• State of West Virginia vs. Conner Madison Smith will be first trial on Tuesday, January 07, 2014.
• State of West Virginia vs. James Lee Ash will be third trial on Tuesday, January 14, 2014.
• State of West Virginia vs. Austin Richard Biro will be second trial on Tuesday, January 14, 2014.
• State of West Virginia vs. Ricky Lee Townsend failed to appeal and a summons was issued for him to appear at 9:00 AM on November 13, 2013.
• One juvenile matter was heard and was reset for Monday, February 24, 2014 at 9:00 AM
On Tuesday, November 12, 2013 Judge Jack Alsop appeared in Circuit Court for his regular monthly motion day.
Eleven juveniles were heard and reset as follows:
• Two for Monday, February 10, 2014 at 9:00 AM, and 9:10 AM
• One for Thursday, December 12, 2013 at 1:30 PM
• Three on Monday, December 09, 2013 at 10:15 AM, 10:30 AM, 10:45 AM
• Three for Monday, January 13, 2014 at 10:15 AM, 10:30 AM, 10:45 AM
• One for Thursday, November 21, 2013 at 2:15 PM
• Andre Joyner waived extradition back to Virginia and authorities there have until 4:00 PM Thursday, November 21, 2013 to pick him up at Central Regional Jail or he will be released.
He was represented by Christina Flanigan of Buckhannon.
• State of West Virginia vs. Teresa Riggs
She was before the court for sentencing, but due to the fact her former court appointed attorney had resigned as attorney and went back to military duty, Judge Alsop appointed Daniel Grindo of Sutton to represent her and reset the sentencing for Thursday, November 21, 2013 at 2:00 PM.
• State of West Virginia vs. Brandon Rose
He was represented by Bryan Hinkle of Buckhannon.
He was sentenced to 1-5 years in the penitentiary with sentence suspended and he was placed on home confinement for the same period.
Judge Alsop saw he had a prior conviction for the same offense (failure to register as a sex offender) and also had a significant criminal history and felt probation was not appropriate for Rose.
Defendant has a job and may continue working while on house arrest.
• State of West Virginia vs. Michael Puffenbarger
He was represented by Christopher Pritt from Charleston.
His sentencing was reset by the Court for Monday, January 13, 2013 at 10:30 AM.
• State of West Virginia vs. Barry Hamner
He was represented by Garth Beck of Clarksburg
He was before the Court for sentencing upon his former plea of guilty to possession of substance as a precursor to manufacturing meth.
It was stated that he had formerly pled in Braxton County and the prosecutor there had agreed to run the sentences concurrently.
However, Judge Alsop said he handed down the first sentence so that would be up to Braxton at the time they sentence him.
Judge Alsop sentenced him to 2-10 years in the penitentiary with credit for 67 days served.
Judge Alsop said he also had a significant criminal history from 1990 to the present.
• State of West Virginia vs. Stacey Bright
She was sentenced to 1-10 years with her sentence suspended and she was to be placed on home confinement for the same period.
Later it was discovered she had no place to be released upon home confinement so she went to jail pending location of a residence to serve her house arrest in.
She was also ordered to pay $6,262.23 restitution and court costs.
She was represented by Daniel Grindo of Gassaway.
• State of West Virginia vs. Darren Marbury
He was before the Court for sentencing with his hired counsel, Lance Rollo of Morgantown.
After extensive testimony from family members as well as the defendant himself, Judge Alsop sentenced him to 3 years-probation and ordered him to get a job or enroll in school within 60 days.
He also must perform 80 hours of community service per year of probation and cannot relocate from Washington, DC without permission of his probation officer.
He had formerly pled to unlawful shooting on a city street.
• State of West Virginia vs. Jamie Fanar
She was before the court for sentencing upon her former plea of guilty to child neglect creating risk of injury (1 count with the remaining 3 counts being dismissed).
She was sentenced to 1-5 in the penitentiary and ordered to pay court costs.
She was represented by Christina Flanigan of Buckhannon.