A Charleston man was indicted on a charge of first-degree murder and arrested Friday - more than a year after he allegedly shot and killed a woman through his front door.

Matthew Roohollahi, 31, had been out of jail on a $75,000 property bond, with a condition of home confinement, since about two weeks after police charged him with the first-degree murder of his uncle's girlfriend, Andrena Smith, 22, in November 2015.

Charleston police had just taken Roohollahi into custody at about 5:30 p.m. Friday and were taking him to the South Central Regional Jail to await trial, said Lt. Steve Cooper, chief of detectives for the Charleston Police Department.

Prosecutors didn't object in 2015 when Kanawha Circuit Judge Jennifer Bailey set a bail amount for Roohollahi and allowed him to be released from jail on home confinement. At the time, prosecutors said they didn't believe he was a flight risk. The case against Roohollahi was randomly reassigned from Bailey to King on Nov. 23, 2015, according to court documents.

Friday marked a month since Roohollahi's lawyers filed a motion asking King to release their client from home confinement and bail and throw out the murder charge.

Charleston lawyers Bill and Jesse Forbes wrote in the dismissal motion, filed Dec. 27, 2016, that prosecutors have "unnecessarily delayed the prosecution of this matter for more than one year in failing to present the charge to a grand jury or in filing an information against the defendant." An information is similar to an indictment, but it can't be filed as a felony charge without a defendant's consent. It also usually signals that a defendant has agreed to cooperate with prosecutors.

King never ruled on the dismissal motion but, earlier this month, the judge set a status hearing in the case for March 6.

Kanawha Prosecuting Attorney Charles Miller said last week in response to the motion that there is no statute of limitations on a murder charge.

Roohollahi's lawyers have said the shooting was clearly self-defense.

Miller and police believe, though, that Roohollahi was "lying in wait" when he fired his gun, hitting Smith in the chest.

Smith had come to Roohollahi's house on Lakin Street at about 1 a.m. to check on her boyfriend's relatives after hearing someone had shot at the home, police said at the time. Roohollahi might have mistaken Smith for the person who had shot at his home, Charleston police have said.

Jonathan Bush, 32, of South Charleston, allegedly fired several rounds at Roohollahi's home two days before Smith was killed. Roohollahi's sister, Omani Roohollahi, had recently ended a relationship with Bush, police said at the time.

Matthew Roohollahi called Kanawha Metro 911 dispatchers to report that Bush had shot at his house. He eventually handed the phone to his sister, who continued to tell dispatchers about Bush, according to court documents in the alleged murder case.

While she was on the phone with dispatchers, a gunshot was heard, according to the criminal complaint filed against Roohollahi. Omani Roohollahi then told the dispatcher that Smith had been shot outside the residence.

Bush was charged by Charleston police with wanton endangerment on the day of Smith's death.

Police wrote in court documents charging Roohollahi that Mark Elswick, Roohollahi's neighbor, told them that he saw Roohollahi fire the shot that killed Smith.

Elswick had gone to Roohollahi's house to check on him after seeing the shots being fired at his house, according to police. After his house was shot at, Elswick said he saw Roohollahi walking on their street holding a rifle with a mounted scope, police wrote. Roohollahi said "he was ready" if Bush were to return, Elswick told police.

When Elswick went to check on his neighbor, he was led up the stairs directly in front of the door. That's where he saw Roohollahi fire the shot that killed Smith, according to police. Roohollahi had been lying on the steps with his rifle aimed at the door when he fired, police wrote. Elswick allegedly said there hadn't been any noises at the door and that no one had attempted to break into the house before the shooting.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.

CHARLESTON, W.Va. (AP) - West Virginia's highest court has agreed to reconsider its November ruling barring natural gas companies from deducting post-production costs from the royalties paid to landowners for mineral rights.

The Supreme Court split 3-2 in granting a rare rehearing.

At stake is whether landowners or production companies will get more money.

West Virginia gas production is starting to boom.

Chief Justice Allen Loughry, Justice Menis Ketchum and newly elected Justice Elizabeth Walker agreed to reconsider the case.

EQT Production Co., based in Pittsburgh, wants to subtract its downstream costs from royalties.

Justices Margaret Workman and Robin Jean Davis opposed rehearing. They joined then-Justice Brent Benjamin in the 3-2 November ruling favoring landowners who sued EQT.

A 1982 state law set minimum royalties of 12.5 percent of gas produced at the wellhead.

Fire destroyed an Elkview business overnight, firefighters say.

The Pinch Volunteer Fire Department responded around 10:30 p.m. Friday to a fire at Mitch's 24-Hour Towing, located at the intersection of Frame Road and Elk River Road, said Justin Withrow, a member of the fire department.

No one was hurt.

Withrow said the fire is suspected to have been arson. A vehicle was on fire on the business's lot before the structure fire was reported, he said. The state Fire Marshal's Office will investigate, he said.

Volunteer fire departments from Frame and Clendenin also responded to the blaze.

Fire fighters worked until 1:30 a.m., Withrow said.

FAYETTEVILLE - It's been more than 17 years since Jonathan Skaggs was killed. Many possible witnesses to his death have died. Evidence has been lost, and the memories of other potential witnesses may have faded. Some witnesses have disappeared.

Some of Skaggs' fragmented and badly burned remains were found outside of Oak Hill in a fire pit near the home of the suspect in the case, Clint Toney, in August 1999.

According to Fayette County Public Defender Scott Stanton, the case against Toney is fragmented, too. So fragmented Stanton will argue next week that the problems with the case make it impossible for Toney to get a fair trial.

Stanton will ask Fayette County Circuit Judge John Hatcher to dismiss the murder indictment against Toney on Thursday.

Skaggs' body was in so many tiny pieces experts had to be called in to help with its identification. The condition of the body also hampered police in their early efforts at determining a cause of death.

Although Toney was not indicted for murder until 2015, he has lived with people accusing him of the crime since the remains were found. Stanton wrote that the case has achieved "almost legendary status," but it suffers from "negligence of a staggering degree."

In the same room at the Fayette County circuit clerk's office where Toney's indictment is filed, there is a wrongful death case brought by the victim's father. The civil file contains depositions from almost everyone who might have a connection to the case, including Toney.

In 2001, Skaggs' father, Gary Skaggs, brought a civil suit that named Toney, many police officers, Fayette County officials and a property owner. Over time, most people were eliminated from the suit. When a judge entered his final order against Toney in 2006, he wrote "the court finds that Clinton Toney is in some way one of the responsible parties for the death of Jonathan Wesley Skaggs."

Gary Skaggs always maintained that he filed the wrongful death suit not in hopes of money, but in hopes of finding out what happened to his son, who he proclaimed in 2000 was "burnt like a piece of meat."

When Stanton looked over the thousands of pages in the civil suit and police files, he was surprised by the wealth of information he found. For example, he found the Aug. 30, 1999, interview with Wesley Jones. Jones told authorities a juvenile he knew told him he had witnessed "three boys and three girls actually kill Jonathan Skaggs and place him in the fire." But later, as part of a deposition, Jones said the story actually revolved around "one man and a woman."

The events for both the civil and criminal cases began sometime between the night of Aug. 14, 1999, or the early morning hours of Aug 15. Jonathan Skaggs disappeared, and his family soon reported him missing. A Fayette County deputy, who is now dead, took the initial missing person information from the family, noting James Jones and Jason Rinehart were witnesses.

In his motion filed last month, Stanton wrote there is no explanation for how the late officer came to name those two as witnesses. Stanton also wrote, "The amount of evidence that has been lost in the last 16 years is amazing." In the motion to dismiss, Stanton includes some of the gaping holes in the case, but also notes the list is only "a partial catalogue."

Although many facts in this case are in dispute, everyone agrees Jonathan Skaggs was found terribly drunk on a road outside of Oak Hill. He was near both his father's house and Toney's house.

Everyone also agrees another Fayette County deputy drove the drunken young man to Toney's house.

In the civil suit, a lawyer representing Gary Skaggs argued this fact bordered on lunacy - the very idea a law enforcement officer would take a drunken man to a "beer and bonfire party."

Some people maintain there were two nearby beer and bonfire parties in the same neighborhood the night Skaggs died. Others maintain there was only one party.

That would be the party given by Nicole Thomas. She also lived on Dempsey Road, near Toney. Everyone agrees there was a lot of drinking at this party and probably drugs were consumed, too.

According to Stanton, Jonathan Skaggs arrived at the Thomas party carrying a bottle of Canadian Mist whiskey. Toney was at the Thomas party, too. But other attendees are in dispute. So are the times people came and went.

Shaun David Tincher and Skaggs got into an altercation and had to be restrained, according to witness statements. Thomas eventually asked Skaggs to leave. She told a member of the public defender's office she asked Skaggs "to leave because Shaun Tincher had supplied a lot of alcohol at the party, not because Mr. Skaggs was misbehaving."

Later, Tincher told authorities he and a woman left the party and found Skaggs passed out in the road.

"Rather than helping him," Stanton wrote, "they stole the bottle of liquor still in Mr. Skaggs' hands."

Someone called 911, and a deputy and an ambulance were dispatched to the scene. Everyone agrees Skaggs refused help, and he was turned over to Fayette County Sheriff's Deputy Micah Feltner, who then drove him to Toney's house. According to Stanton, Feltner "watched him [Skaggs] walk into Mr. Toney's home."

Feltner said there was no party at Toney's home.

In time, Feltner would be named in the civil suit brought by Gary Skaggs, and later dismissed from the suit.

Feltner was also a member of the Oak Hill Fire Department. In later years, he would be found guilty of embezzling $370,000 from his fellow firefighters. After a judge sentenced him to prison in 2010, Feltner spent some time in a correctional center in the northern part of the state.

Another chapter of this case includes a separate murder in 2000. Many people believe the second killing was directly related to Jonathan Skaggs' murder, but the young man who was murdered had nothing to do with Skaggs' death.

Jonathan Skaggs' uncle, Charles G. Keenan, was indicted for the second murder. At the time, Keenan and his wife lived with her brother, Gary Skaggs, Jonathan's father. Gary Skaggs is confined to a wheelchair. Shaun Tincher and Mark Lafferty came to the Skaggs' home late at night to talk, but Gary Skaggs demanded they leave his home.

In the minutes that followed, Keenan and Lafferty got into a fight. Lafferty and Tincher fled on Tincher's four-wheeler with Lafferty on the back. Lafferty was shot and killed.

Police charged Keenan with Lafferty's murder. On the original police investigation form, dated April 19, 2000, a Fayette County deputy wrote in the section about motive, "Revenge for the death of a relative."

The Keenan case included two reversals by the state Supreme Court, four prosecutors, three defense lawyers, three judges and two counties. During the five-year life of the meandering case, Keenan entered a plea to voluntary manslaughter without admitting guilt.

In his motion to dismiss, Stanton laments the loss of information from a call to the Fayette County 911 center that could link the cases together and other crucial pieces of information. Stanton asked the judge to agree that the lack of this crucial call constitutes "substantial actual prejudice" of Stanton's ability to defend Toney.

In April 2000, someone called the 911 center and stated Tincher and his girlfriend allegedly killed Jonathan Skaggs "over a bottle of liquor they stole from Skaggs." At the time, Stanton notes, the general public knew nothing about the bottle of liquor.

Stanton wrote that if the Skaggs family believed Tincher was the murderer, that would explain why Keenan allegedly tried to kill him.

"That no further investigation was done on this particular recording is amazing," Stanton wrote.

With today's voice recognition software, Stanton believes the caller might even be identified. But the tape is probably lost, and Keenan died from cancer.

Another central witness in this case was James Jones, the man first listed when the missing person call came in to police. At the time of Jonathan Skaggs' death, Jones was dating Thomas' mother.

As earlier noted, the bonfire party attendees are in dispute. But Jones offered police his version of the night in question. He claims to have been at specific places that evening, including Toney's residence. Months later, Jones was also in the home of Gary Skaggs when events began to unfold that led to the murder of Lafferty.

Jones was a close friend of another man who has been on the witness list for a long time: Russell Allen Weis.

Weis has spent most of his adult life in prison, Stanton noted, and he gave various statements to the police about the Skaggs murder. On the Sunday morning after Jonathan Skaggs was last seen the night before, Weis drove to Toney's house with his girlfriend at the time. Weis told police he saw a woman at Toney's house who was "throwing trash over the hill," and that a fire was burning in the fire pit of Toney's home.

When he returned to the car where his girlfriend, Amber Bunting, waited, he told Bunting "there was blood all over the house." When she gave her deposition, Bunting repeated to police what Weis said about the blood.

But Stanton wrote, "No trace of blood or any DNA matching Mr. Skaggs was located at Mr. Toney's residence."

Within a few days of Skaggs' disappearance, Weis sold the car he drove to Toney's home for $300. A neighbor testified she had seen such a car leave Toney's residence at about 2 a.m. Police never searched the vehicle.

Weis is currently in prison. Jones is dead.

In 2004, then-deputy Steve Kessler appeared before a Fayette County grand jury to talk about the evidence he had amassed as the chief investigator for the case. The grand jurors did not vote on whether to indict, and the only record from the appearance is a note a court reporter attached to it that states the case needed "more investigation."

As county sheriff, Kessler returned to a grand jury in 2015, and those jurors voted to indict Toney for Skaggs' murder. But Stanton maintains the evidence both times was essentially the same. When Kessler testified in 2015, though, he had a new prosecutor in office, Larry Harrah.

Stanton wrote he believes the new prosecutor is better able to handle cases than his "predecessors who so clearly bungled the Keenan case years ago." But he added, "The myriad of errors committed by the prosecutor's office in the years after this murder cannot be ignored or forgiven."

Toney remains in a West Virginia regional jail, serving time for four felony counts of credit card forgery.

Contacted at his office, Harrah said he will vigorously oppose the motion to dismiss.

Williams is a retired Gazette reporter who has covered this case since its inception.

MORGANTOWN -- A West Virginia University student was found dead along a trail in Morgantown Saturday, according to a news release.

Morgantown Police discovered Arthur Bagenda, 19, just before 8:30 a.m. Saturday after speaking with someone who said they saw a body lying on the "rail trail" near the Walnut Street Bridge.

The news release does indicate how Bagenda died. A Morgantown Police officer who would only identify himself as Gage said no one at the department was available to comment.

Bagenda is from Bethesda, Maryland, and is listed as a pre-psychology student in WVU's online directory.

"We send our thoughts and prayers to Arthur's family, and the Division of Student Life has already been in touch to offer support and comfort," WVU said in a news release. "The University has also reached out to Arthur's roommates."

The school noted that its Carruth Center, which offers free counseling to students at the school's Evansdale campus, can be reached at 304-293-4431.

Marriages

The following people filed for marriage licenses in Kanawha County between Jan. 19 and 26, 2017:

Blake Addison Brooks, 25, and Emilee Gayle Quintrell, 25, both of Charleston.

Christopher Braden Jarrett, 45, of Chesapeake and Pamela Kay Holstein, 46, of Hernshaw.

Aaron Christopher Jarrett, 35, and Mary Allene Given, 34, both of Cross Lanes.

Mark Alan McCallister, 39, and Diane Renea Hill, 44, both of Charleston.

David Dewayne Fields, 29, of Charleston and Angela Barbie Faircloth, 34, of Culloden.

Kevin Lee Shreve, 41, of Spencer and Cathy Jo Shreve, 45, of Charleston.

Phillip James Whitehead, 29, and Lyndon Eleccion Jamison, 27, both of South Charleston.

John Dylan Davis, 38, of Barboursville and Heather Renae Myers, 35, of South Charleston.

Benjamin Lee Lewis, 35, and Erica Nicole Kuhn, 35, both of South Charleston.

David Alan Seckman, 34, of Charleston and Chassity Rae Erwin, 30, of Olive Hill, Kentucky.

Divorces

The following people filed for divorce in Kanawha County between Jan. 19 and 26, 2017:

Anthony Hoylman from Michelle Hoylman

Shelly Simpson Kelley from Michael Brian Kelley

Sabrina Kay Harper from Steven Eugene Harper

Michael Douglas Coldwell from Bethany Ann Coldwell

Tara Alden from Jake Alden

Amy Leanne Godbey from Kermit Blaine Godbey

Jessica Jill Hanning from Seth Laramy Hanning

Leatha Pelzel Wilbur from Benjamin Michael Wilbur

Lisa Ann Harless from Charles Davis Harless

Tammy Westerman from Paul Westerman

Tracy Frazier Harrah from Robert Lewis Harrah

Kandice Marie Wolfe from Eric Warren Hall

James Warren Truman Sr. from Delta Dawn Truman

Melinda Ann Cottrell from Robert Cottrell

Ashley Dawn Stephens from Michael Brandon Stephens

Property transfers

The following property transfers of $75,000 or more were recorded in Kanawha County between Jan. 19 and 26, 2017:

Sandalbrier Holdings LLC to Pauley Motor Car Co.-Preowned Vehicles LLC. Lot, Charleston, $750,000.

John C. and Sheila M. Coe to Daniel Aaron and Angela Paige Coe. Lots, Clendenin, $85,000.

Edgar C. Voress, Kathleen V. Evans and Hugh Ellison Voress to Mitch B. Carmichael. Lot, Charleston, $112,000.

Amy B. Womack to Ryan S. Brightwell and Tamara D. Wilson. Lot, St. Albans, $89,000.

William C. Thompson, Marlene Slusser et al. to Stephen J. Melton. Lot, Kanawha City, $180,000.

Auto Real Estate Holdings LLC to Stephen and Teresa D. Huffman. Lot, Elk District, $174,000.

Gary A. and Linda M. Wolverton to Haley D. Reed and Jeffrey C. Pickering. Lot, South Charleston, $196,000.

Carolyn A. Hefner to Barry W. Jordan. Lot, Union District, $196,500.

Richard Lee Jr. and Tara S. Davis to Brandon Lee and Heather Marie Tagayun. Lots, Jefferson District, $146,000.

Ann Barnes Edele to Jimmy F. Rymer. Lot, Spring Hill District, $113,000.

Dale A. and Yevone S. Hupp to All Store LLC. Lots, Jefferson District, $200,000.

Lisa L. Circle to Pravin Sangani, Nikita Sangani, and Usha Sangani. Lot, Charleston, $142,000.

Scarlett J. McNealy and Sandra K. McNealy to Michael R. Anderson Jr. Lot, Charleston, $125,000.

Rodney and Ashley Stieger to Allen L. and Janie S. West. Lot, South Charleston, $277,500.

Amanda C. Shuff and Nicholas and Kimberly Lovelace Ballance. Lot, Washington District, $405,000.

Michael C. and Mary Rennie Rowe Litman to Joseph T. Johns and Sophie L. Rosenberg. Lot, Charleston, $215,000.

Tashawna A. Sorrell to James E. Foster. Lots, Charleston, $81,000.

Thompson Homes LLC to Sawyer S. and Emily T. Smith. Lot, Nitro District, $138,000.

Richard H. and Debra L. Legg to Charles C. Forbes and Nicole A. Pack. Lots, Loudon District, $300,000.

Otis L. and Elizabeth M. O'Connor to Otis L. O'Connor Jr. Parcel, Charleston, $110,000.

Sarah Sheree Gayman to Wendie L. Hollingsworth. Lot, South Charleston, $82,000.

Charles E. Austin to John S. Miller. Lot, Spring Hill District, $190,000.

Gomolco Realty Company Inc. to Bullock Properties LLC. Lots, Charleston, $185,000.

Bankruptcies

The bankruptcies listed below are limited to those filed by residents or companies in the Gazette-Mail's circulation area. Chapter 7 designates the liquidation of non-exempt property; Chapter 11 calls for business reorganization; Chapter 13 establishes a schedule of payments to creditors. The following bankruptcies were filed between Jan. 13 and Jan. 20, 2017:

Kahill Gibran and Trina Meredith Brown, Charleston, Chapter 7. Assets: $42,900, Liabilities: $47,464.

Kimberly Ann Jarrett, Craigsville, Chapter 7. Assets: $14,408, Liabilities: $53,669.

Benjamin Ray and Rebecca Jane Tucker, Hugheston, Chapter 7. Assets: Unknown, Liabilities: Unknown.

Claire Ann Spradling, Charleston, Chapter 7. Assets: $40,383, Liabilities: $31,009.

Hugh Scott Slone, Nitro, Chapter 7. Assets: $48,932, Liabilities: $79,589.

Kevin Dewayne and Cathy Loraine Dalton, Madison, Chapter 7. Assets: $112,677, Liabilities: $91,421.

Leigh Anne Griffith, Charleston, Chapter 7. Assets: $33,275, Liabilities: $18,605.

Michael Todd and Jordan Leigh Elia, Beckley, Chapter 7. Assets: $20,099, Liabilities: $140,919.

George Washington Pendergrast, Coal City, Chapter 7. Assets: $163,202, Liabilities: $198,002.

Judith Danese Hibbitts, Amigo, Chapter 7. Assets: $28,750, Liabilities: $47,782.

Jeremy Ray and Candice Marie Blankenship, Surveyor, Chapter 7. Assets: $186,015, Liabilities: $212,144.

Curtis Dean and Catherine Louise Gordon, Sophia, Chapter 7. Assets: $113,373, Liabilities: $256,063.

Trasi Lynn Branch-Lewis, Beckley, Chapter 13. Assets: $0.00, Liabilities: $40,800.

Steven Calvin and Kimberly Darlene Gration, Coal City, Chapter 13. Assets: $130,713, Liabilities: $113,199.

HUNTINGTON, W.Va. (AP) - Huntington's police chief says homicide investigations by the city's police department in West Virginia's second-largest city rose fourfold to 12 in 2016 compared to the year before.

Police Chief Joe Ciccarelli tells The Herald-Dispatch that seven of the investigations involved drugs. The others involved a domestic dispute, a bar fight, a home attack, a street attack and child abuse.

Ciccarelli says "unless you are involved in drug activity, the likelihood of being a victim of violent crimes is relatively low."

At least seven of the Huntington investigations resulted in murder charges.

Huntington police investigated three homicides in 2015, six in 2014 and five in 2013. The last time the number hit 12 was in 1985.

Former Kanawha County prosecuting attorney Mark Plants should have his license to practice law suspended for his conduct while in office, according to lawyers with the West Virginia Office of Disciplinary Counsel.

Disciplinary lawyers have objected to recommendations made to the state Supreme Court by a hearing panel, which found Plants should be publicly reprimanded for violating rules lawyers in the state are expected to abide by. A reprimand is more severe than an admonishment but not as harsh as the suspension or annulment of a law license.

"The Office of Disciplinary Counsel insists that the found violations warrant a more severe sanction, to wit, the suspension of [Plants'] law license," the ODC's brief objecting to the hearing panel states. The "sanction proposed by the Hearing Panel Subcommittee is inadequate considering the clear and convincing evidence against [Plants].

"In ordering a strong sanction in this lawyer disciplinary proceedings, this Honorable Court will be serving its goals of protecting the public, reassuring the public as to the reliability and integrity of attorneys, and safeguarding the administration of justice," the disciplinary counsel's brief states. It is signed by ODC lawyer Joanne Vella Kirby.

Arguments between Plants and the ODC are set for Feb. 7 before the Supreme Court.

Plants agrees with the sanctions recommended by the hearing panel, which also recommend Plants be required to pay the cost of the disciplinary proceedings against him.

"The decision by the ODC to challenge the Panel's decision is, to use a football term, piling on," Plants' attorney Jim Cagle wrote in response to the ODC's objections.

Plants was removed as prosecutor in October 2014 and, in 2015, two misdemeanor criminal charges were dismissed against him in Kanawha Magistrate Court.

Plants' trouble began after his ex-wife, Allison, complained about him striking their then-11-year-old son with a belt to the point of leaving bruises. She was granted a domestic violence protective order, and a West Virginia State Police trooper from the northern part of the state was assigned to investigate.

Plants was charged with violating the domestic violence protective order shortly afterward, when he approached his two sons outside a Fruth Pharmacy. The boys were in the car while their mother was in the store when Plants arrived. Plants said he went to his sons for their protection, but the ODC argued he knowingly violated the protective order.

A second misdemeanor was filed against Plants by the trooper assigned to investigate the incident with the belt. Plants was charged with battery for leaving a 6- to 7-inch bruise on the boy's thigh. The criminal charges were dropped after Plants attended a domestic violence intervention program for 32 weeks.

Plants' "misconduct created a conflict of interest that interfered with his ability to properly represent his client, the State," the disciplinary panel wrote. Plants, "in violating the Protective Order, committed a criminal act that reflects adversely on his honesty, trustworthiness or fitness as a lawyer in other respects."

Plants went before the three-member hearing panel - Huntington attorney Steve Nord, Wetzel County Prosecuting Attorney Timothy Haught and layman William Barr - in May.

"For nearly three years Mr. Plants has been in the public spotlight over spanking a son whom he dearly loves and as relates to the Fruth encounter when he expressed that love. ... Mr. Plants' verified consent to the Panel decision represented an effort by him to put an end to what is much more of a strain on his family than it is a strain on his professional life. Mr. Plants has lost his elected position, suffered public ridicule, has seen his family members investigated by the ODC, has had his friends and colleagues subpoenaed by investigators, has listened to and read the comments of local politicians publicly criticizing him, and has suffered financially," Plants' brief in response to the ODC's objections states.

Plants, a Republican, was first elected Kanawha prosecutor in 2008 and was re-elected in 2012.

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.

Police have completed an investigation into the September shooting of a man wielding a toy pistol and found the Mercer County deputy who shot him acted appropriately, according to the county prosecutor.

George Sitler, the Mercer County prosecutor, also released last week that the man killed, 69-year-old Dennis Stanley, was drunk and using other substances at the time of the shooting and had been "having some problems" and become withdrawn from family before the shooting.

Stanley, of Bluefield, was shot and killed in the middle of W.Va. 71 in Montcalm on Sept. 10.

"The initial 911 call indicated that he had been waving the pistol around," Sitler said. "Officers didn't see him waving a pistol around but knew that he had a pistol in his pocket.

"From a short distance away, it looked like a real gun in his pocket," he said.

People who were traveling on the same road told police that Stanley poured a bottle of liquor on his vehicle, according to Sitler. "According to the witnesses, he had dogs with him," he said. "He had thrown the dogs. He was behaving erratically and he had been swerving in the middle of the road before he stopped."

Deputy Adam Ballard was wearing a body camera that was recording even during the drive to the call, Sitler said.

"The body-cam video records the responding deputy loudly commanding Mr. Stanley to put his hands in the air more than a dozen times before the fatal shot was fired," Sitler said.

Ballard is still employed by the sheriff's department. He did not face criminal charges and police found he violated no internal policies. Sitler said the investigation is complete and he has no plans to present the case to the grand jury.

"Deputy Adam Ballard's actions were restrained, careful, and professional," he said. "I have personally commended him for his conduct, although the outcome was regrettable."

Bystanders, but not the officer, said they saw Stanley reaching for the pistol, Sitler said. He noted that the body camera recording does not clearly show Stanley reaching.

"It was a toy pistol," he said. "You couldn't tell. It was just a chrome colored toy pistol."

He said Stanley was shot "after the 14th time that the officer told him to show his hands and get down on the ground."

Sitler said he had "no idea" if Stanley understood the commands.

"It was certainly loud enough that he should have heard it," he said.

The autopsy found that Stanley's BAC was .14, Sitler said. He also tested positive for cocaine and oxycodone and had what police believed was marijuana in his pocket, Sitler said.

Stanley's daughter met with police in late December, Sitler said.

"His daughter indicated he had been having some problems," he said. "She didn't specifically say - just that he had been having some problems."

He said the daughter told them her father had "become withdrawn" and she "had concerns about hangers-on taking advantage of him."

Sitler noted that some people "latch on to older people for money and substances."

West Virginia State Police, who conducted the investigation, referred a reporter to the prosecutor.

State troopers were present during the shooting, but did not fire any shots, Sitler said. Two troopers and two deputies were present.

In 2007, Stanley was arrested for obstructing an officer, assault on an officer, public intoxication, and disorderly conduct. In 2007, he was arrested for DUI, obstructing an officer and no insurance, according to Sitler. Both incidents occurred in Mercer County.

Sitler didn't know if the police present had previous interactions with Stanley or if he had ever received any treatment for substance abuse.

Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.

The letter arrived unexpectedly, dated Jan. 14, 2017, the last day of the governor's term in office, and the first day Chelsea Carter could say she was no longer a convicted felon.

"I am pleased to inform you," the letter said, "that Gov. Earl Ray Tomblin has granted you a full, unconditional and complete pardon relating to your prior convictions for nighttime burglary and conspiracy in Boone County, West Virginia."

"My mother opened the letter," Carter recalled last week. "She was just crying. She said, 'You got it! You got it!' And I started crying. She said all this hard work has paid off and now you can finally start over."

In December, the Gazette-Mail featured Carter in a story about the flood of prescription pain pills into West Virginia, profiling her work as a counselor at a medication-assisted treatment center for opioid addicts.

Eight years earlier, Carter sat in a jail cell after her arrest on charges she took part in a theft ring to pay for her drug habit. As a teenager, she started taking prescription painkillers. She crushed and snorted pills. Not long after, she was injecting OxyContin.

"The first time I stuck a needle in my arm, it was game over," Carter said.

Her arrest on felony burglary and grand larceny charges landed Carter in Boone Circuit Judge Will Thompson's courtroom. He sentenced her to 24 days in jail and a year in drug court, a program designed to help addicts get sober and avoid long stints in prison.

At first, Carter wasn't a model participant. A motion was filed to kick her out of drug court and send her back to jail. She pleaded her case, got to stay in treatment.

And that's when Carter's life headed in a new direction.

There was cosmetology school at first. Then she graduated from West Virginia State University with a psychology degree, and then a master's in social work from Concord University.

To pay for her education, she worked at drug treatment programs. She showed fellow addicts that recovery was possible.

Carter also traveled across Southern West Virginia, speaking to middle and high school students about addiction.

"I say, 'I used to be you, sitting there at an assembly, hearing about the dangers of starting to do drugs,'" said Carter, who started smoking marijuana at age 12. "They come up to me afterward and talk about their parents and friends who are on drugs."

Last May, she served on a panel with U.S. Sen. Joe Manchin and then-Democratic presidential candidate Hillary Clinton, who had come to the University of Charleston to talk about West Virginia's opioid epidemic.

"I've stayed sober, but I've buried a lot of friends," Carter told Clinton that day. "[My friend] died the day she got out of drug court. She chose to go back to those drugs. I've made great accomplishments, but I still, every day of my life, think about doing drugs, because it's always going to be something that's in the back of my mind."

Her felony conviction kept nagging at her. It caused problems when she signed up for licensing exams. It eliminated her as a candidate for several jobs.

"It holds you back having to write 'I'm a convicted felon' on there," Carter said. "It creates a lot of barriers. People won't give you a chance."

So about five years ago, Carter set out to expunge her felony convictions.

She called the governor's office, filled out paperwork seeking a pardon, interviewed with a parole board worker, emailed the governor's office, submitted six more pardon application packets.

"I heard nothing back," Carter said.

She called the governor's office again last month, making a final pitch for a pardon before Tomblin departed. Carter spoke to a receptionist.

"She didn't give me much hope at all," Carter said. "She didn't think the governor would get to my pardon packet before he went out of office. It was hard to hear."

Thompson, the judge who had sentenced her eight years earlier, wrote a letter of support for Carter's pardon request.

Over the years, Thompson had stayed in touch with Carter, watching her turn from junkie to drug counselor, from petty thief to community leader who serves on the board of directors of the county's day report center for drug offenders.

"I've seen a lot of people go through my courtroom, and she's the only person I've written a letter for," Thompson said. "She completely turned her life around. You couldn't have written a better script for her."

Carter plans to stay in the drug-counseling field and get additional certifications. She will continue to talk about her life and struggles. The pardon serves as a stamp of approval of sorts for eight years of sobriety, perseverance and giving back.

"It gives me a new start at life," Carter said. "I've been given a second chance."

Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.

A teenager was arrested after police say he was spotted running naked along Corridor G/U.S. 119 in Charleston on Sunday afternoon.

Charleston Police say the incident happened around 1:30 p.m. near Oakwood Road.

Lt. Steve Cooper, chief of detectives for CPD, said the teenager stripped off his clothes on the side of the road and was spotted urinating on a police car. He fled on foot but was eventually arrested.

The teenager's name is not being released because he is a minor.

Cooper said a minor car accident occurred in the area after two people were distracted watching the incident.

CHARLESTON, W.Va. (AP) - A phone scam that's circulating in the U.S. is also targeting parts of West Virginia.

State Attorney General Patrick Morrisey's office says the scam involves the recipient of an unsolicited phone call being asked "Can you hear me now?" Morrisey's office said in a news release that answering "yes" allows the caller to record the word and misuse it as the consumer agreeing to pay for a product or service.

Morrisey says people who receive such calls should just hang up the phone and avoid giving any affirmative answer.

Morrisey encourages consumers to make frequent bank account and financial record checks to see if any fraudulent charges have occurred.

The release says the scam is circulating in areas including northern West Virginia.

The town of Richwood has hired a lawyer and plans to file a lawsuit against drug wholesalers that ship painkillers from manufacturers to pharmacies.

Charleston lawyer Rusty Webb, who's representing Richwood, said the suit will allege that the drug companies flooded the state with highly addictive prescription medications "without regard for the adverse consequences to the town of Richwood or its residents."

Richwood Mayor Bob Henry Baber accused the drug distributors of "drug dumping." The town seeks to recoup costs associated with law enforcement and social services.

"The cost to the town has been substantial both financially and spiritually," Baber said.

Several counties and cities have announced plans to sue drug wholesalers or already filed lawsuits in recent weeks.

Earlier this month, state officials announced that drug distributors Cardinal Health and AmerisorceBergen agreed to settle state lawsuits for a combined $36 million. The state of West Virginia filed those suits in 2012.

Kanawha County commissioners said Monday they would file a claim against the owner of the Crossings Mall in Elkview, which has been closed for several months after the only bridge to the shopping center washed out in last June's floods.

The mall was supposed to be sold on the Kanawha courthouse steps last week, but a last-minute bankruptcy filing by the mall's owners, Tara Retail Group, canceled that sale. Tara Retail is owned by Bill Abruzzino.

"There have been far too many delays in the process to rebuild the bridge at the Crossings Mall," County Commission President Kent Carper said in a news release. "The lack of safe access to the mall creates a public nuisance that must be rectified as soon as possible."

In a letter to U.S. Bankruptcy Judge John Flatley of the Northern District of West Virginia, Carper called the bankruptcy filing "simply the latest dilatory practice aimed at slowing construction of the bridge at the Crossing Mall property."

Carper noted that as many as 500 people work at the shopping center, and urged the bankruptcy judge to move as quickly as possible to let the bridge be built.

Martin Perry, who was appointed as receiver of the Crossings Mall property in December, said last week that the threat of a bankruptcy filing from the mall's owners had slowed down progress on replacing the bridge.

Tara Retail has between one and 50 creditors, according to bankruptcy court filings. The largest is U.S. Bank Association, which said the mall owner defaulted on a $13.6 million loan after the bridge was wiped out and the businesses at the Crossings Mall had to close and could no longer pay rent.

Carper and Hoppy Shores are the only two Kanawha County commissioners in office; they are working to fill a vacancy left when Dave Hardy resigned to become secretary of the state Department of Revenue.

A Nitro police officer accused of assaulting a prisoner and lying on a court document was among the 82 people indicted Friday by a Kanawha County grand jury.

Timothy Jarrell was indicted on charges of battery and false swearing, according to an indictment filed in Kanawha Circuit Court. Nitro Police Chief Steve Walker said Jarrell has been on paid administrative leave since last June.

According to the indictment, on May 8, 2016, Jarrell "did unlawfully and intentionally make physical contact with force capable of causing physical pain and injury to the person of Jared Hester, and did unlawfully and intentionally cause physical pain and injury to Jared Hester."

Documents also state that he swore falsely on a criminal complaint filed in Nitro Municipal Court. The complaint stated, "When (Jared Hester) was told he was being placed under arrest, the accused (Jared Hester) became physically non-compliant. After a brief scuffle, the accused was restrained and taken into custody," which was then and there false and known to Jarrell to be false, the indictment read.

He will be arraigned at 1:30 p.m. Feb. 7 by Kanawha Circuit Judge Duke Bloom.

An indictment is not a finding of fact. It means only that enough probable cause exists to warrant a jury trial.

Arraignment dates and times are as follows:

Andy Ryan Boggess, 36, of Charleston, possession of a stolen vehicle, driving with a revoked license for DUI; Jonathan Gregory Bush, 33, of South Charleston, of wanton endangerment; Jalen Trelane Chapman, 24, of Charleston, drug charges; Marlena Cooper, 31, of Dunbar, conspiracy and drug charges; Alex Michael Coulter, 26, of Ravenswood, burglary, fleeing assault and petty larceny; Tommy Ray Mullins, 37, of Charleston, grand larceny, possession of a stolen vehicle, burglary and grand larceny; Craig Stephen Taylor, 44, of Charleston, embezzlement; Latasha Janae Willis, 40, of Cross Lanes, negligent homicide, driving with a license revoked for DUI, second offense driving without a license and no proof of insurance.

Matthew Mohammed Roohollahi, 31, of Charleston, murder; Travis Lee atkins, 29, of St. Albans, conspiracy and drug charges; Travis Griffin, 35, of Charleston forgery and uttering; Garland Wilson Hannan, 66, of Cross Lanes, drug charges; Trevor Dallas Tuck, 51, of St. Albans, third offense shoplifting; Antonio Roger Williams, 22, of South Charleston, threats of terrorist acts; Dominique Shannon, 20, of South Charleston, threats of terrorist acts.

Travis Durant Bush, 35, of Charleston, conspiracy and drug charges; Tonya Ann Devitt, 44, of South Charleston, conspiracy and drug charges; Timothy A. Jarrell, Nitro, battery and false swearing; Samuel Ray Jenkins, 21, of Nitro, malicious wounding; Joseph Leon Kirk II, 34, of Charleston, possession of a stolen vehicle, failure to update sex offender registry, breaking and entering, grand larceny, burglary, transferring and receiving stolen property, petty larceny, forgery and uttering; Hassan Raham-Boyd, 36, of Charleston, transferring and receiving stolen property; Sarah Michelle Lindsay, 34, of Charleston, possession of a stolen vehicle, petty larceny, forgery and uttering; Melinda Nelson, 51, of Charleston, grand larceny, forgery and uttering; Amy Lynette Lanham, 42, of Cedar Grove, burglary, petty larceny and destruction of property; Eric Howard Morgan, 36, of Asheboro, North Carolina, passing lottery tickets with intent to defraud; Christopher D. Rose, 35, of Charleston, conspiracy, drug charges, prohibited person from possessing a firearm; Stephanie Christian, 29, of Charleston, conspiracy and drug charges; Holly Sue Urlahs, 28, of Elkview, obtaining by false pretense; Juan L. Walker, 39, of Charleston, conspiracy and drug charges; Amy Lee Yeager, 32, of Charleston, third offense shoplifting.

Jeremy William Childers, 41, of St. Albans, operating a meth lab, possession of meth precursors, possession of a stolen vehicle and grand larceny; Matthew Lincoln Gunther, 38, of Charleston, domestic battery and child abuse creating a risk of injury; Matthew Adair Hedrick, 34, of Charleston, possession of a stolen vehicle; Elijah Paul James Holyfield, 21, of Charleston, breaking and entering, petty larceny, attempted breaking and entering and intimidating or harassing a public employee; Willie Leon Long, 30, of Charleston, conspiracy and drug charges; Randall Lee Patton III, 24, of Elkview, conspiracy and drug charges; Tami Lynn Stainfield, 54, of Charleston, obstructing an officer, assault on a government officer and assault; Carla Jo Taylor, 30, of Ashland, Kentucky, embezzlement.

Cameron M. Allen, 18, of St. Albans, conspiracy and drug charges; Larry Allen Briscoe, 37, of Charleston, obstruction and drug charges; Mark Edward Broat, 27, of Charleston, kidnapping, attempted murder, wanton endangerment, prohibited person in possession of a firearm and malicious wounding; George Julius Burkes Jr., 23, of Charleston, conspiracy and drug charges; Jordan Wayne Carpenter-Meadows, 25, of South Charleston, breaking and entering, grand larceny, third offense shoplifting and counterfeiting; Robert Russell Combs, 30, of St. Albans, attempted burglary, destruction of property and assault; Rafael Cruz, 36, of Hollywood, Florida, conspiracy and drug charges; Jonathan Douglas Gillespie, 37, Ashford, fleeing in vehicle with reckless indifference to safety of others; Danna Jill Hern, 30, Wallace, obtaining by false pretense and forgery and uttering; Jimmy Dean Hudnall, 73, of Glasgow, attempted murder and malicious wounding; Ashley Jane King, 27, of Gallagher, third offense shoplifting, escape and battery on a government representative; Eddie Dale Lattea, 49, of Charleston, conspiracy and drug charges; Austin Sherrod Moore, 36, of South Charleston, conspiracy, drug charges, fleeing in vehicle with reckless indifference, fleeing causing property damage; Tina Dennis, 26, of Charleston, conspiracy and drug charges; Chad Eugene Roberts, 35, of Hamlin, fraudulent schemes, forgery and uttering.

Sonja Zada Allen, 26, of Detroit, Michigan, conspiracy and drug charges; Danzell Wallace Thompkins, 23, of Detroit, Michigan, conspiracy and drug charges; Ronald P. Bailey, 51, of Charleston, conspiracy and drug charges; Caudre Malik Boxley, 19, of Charleston, conspiracy and drug charges; Hoawrd Lee Boyce, 54, of Charleston, failure to register as a sex offender; Eddie Wayne Chapman Jr., 31, of Charleston, conspiracy, drug charges and prohibited person in possession of a firearm; Austin Edward Combs, 22, of Charleston, conspiracy and drug charges; Timothy Tyrone Gibbs II, 26, of Charleston, imitation drug charges, conspiracy and drug charges; Ami Rae King, 41, of South Charleston, obtaining property by worthless check; Jason David Laduke, 36, of Charleston, possession of stolen vehicle, third offense DRO for DUI and fleeing in a vehicle; Karzell M. Rose, 25, of Charleston, conspiracy and drug charges; Richard Wayne Thomas, 49, of St. Albans, prohibited person in possession of a firearm; Steven Calvin Thompson, 25, of Charleston, prohibited person in possession of a firearm, conspiracy and drug charges; Maylik S. Watson, 23, of Charleston, conspiracy and drug charges; Byron Lee Wiley, 20, of St. Albans, breaking and entering and grand larceny.

Brian Scott Bryant, 32, of Dunbar, child neglect creating the risk of injury, prohibited person in possession of a firearm and drug charges; Lamarr Julius Byrd, 35, of Charleston, prohibited person in possession of a firearm and drug charges; Trenton Owen Deweese, 35, of St. Albans, conspiracy and drug charges; John Leroy Hudson, 56, of Charleston, attempted murder, malicious wounding, wanton endangerment and driving with a license revoked for DUI; Stephen Hurley, 25, of Pratt, fraudulent schemes; Michael Murphy, 53, of Pratt, fraudulent schemes; Gerald Scott Mann, 41, of Chicora, Pennsylvania, grand larceny; Nathan Thomas McDonald, 21, of Charleston, grand larceny; Candiselee Marie McKean, 30, unknown, burglary, grand larceny, forgery and uttering, and financial exploitation of an elderly person; Cody Boyd Meadows, 26, unknown, burglary and grand larceny; Michael McWha, 33, of Charleston, fraud and related activity in connection with an access device; David Alan Seagraves, 27, of South Charleston, burglary and grand larceny; Harrison Daniel Tucker, 33, of Charleston, strangulation and first degree robbery; Rollin Anthony Workman II, 31, of Charleston, forgery and uttering.

KERMIT, W.Va. - This town of 392 people in Southern West Virginia is suing out-of-state drug distributors that shipped nearly 9 million highly-addictive pain pills to a single pharmacy there in just two years.

Kermit Mayor Charles Sparks and town council members filed a lawsuit today against five of the nation's largest prescription drug wholesalers - McKesson, Cardinal Health, AmerisourceBergen, Miami-Luken and H.D. Smith.

Sparks hand-delivered the lawsuit to the circuit clerk at the Mingo County Courthouse in Williamson. The suit seeks to recoup the town's costs in dealing with opioid abuse.

Kermit's lawsuit also names Cameron Justice, former owner of the now-shuttered Justice Medical Clinic, as a defendant. In 2010, Justice was sentenced to two and a half years in federal prison after pleading guilty to Medicare fraud and conspiring to misuse a federal registration number to distribute prescription painkillers.

Kermit's lawsuit follows the Gazette-Mail's "Painkiller Profiteers" series, which reported that drug firms sold nearly 9 million doses of hydrocodone - a powerful painkiller linked to drug overdose deaths - to the Sav-Rite Pharmacy in Kermit between 2007 and 2008, according to U.S. Drug Enforcement Administration data obtained by the newspaper.

Over a six-year period, that pharmacy and two others in Kermit were shipped more than 12 million hydrocodone tablets. The shipments slowed to a trickle after Justice was arrested and his clinic was shut down.

Two doctors who worked at Justice's clinic - and the pharmacist that owned Sav-Rite Pharmacy -- also served time in federal prison.

In recent weeks, several counties and cities have sued drug distributors or announced plans to do so. Kermit is, by far, the smallest municipality to file a lawsuit.

Williamson lawyers Tish Chafin and Truman Chafin, a former state senator, and Charleston lawyers Harry Bell and Mark Troy are representing the town of Kermit.

Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.

WESTON, W.Va. (AP) - Authorities in northcentral West Virginia say an 8-year-old girl has died after a car she was riding in went over an embankment and into the West Fork River.

Lewis County sheriff's Chief Deputy R.W. Hyre says in a statement that Payden Farnsworth was pronounced dead at the scene of Monday's single-vehicle accident in Weston.

According to the statement, the driver, Joshua Butcher of Weston, told deputies that his car began to slide, and he swerved to miss a parked truck and went into the river.

The statement says Butcher indicated he was knocked unconscious. He sought treatment at a hospital.

The accident remains under investigation.

A Boone County man accused of brutally beating and sexually assaulting a woman was denied a petition for bail Tuesday, according to a court employee.

Kevin Woodrum, 43, of Gordon, is accused of sexual assault, strangulation, kidnapping, domestic battery and domestic assault. He is accused of attempting to waterboard a woman and numerous other acts of severe violence on Dec. 10.

Judge William Thompson denied the petition for bail, a court employee said. The next hearing is set for 9:30 a.m. on May 2.

Police responded to the home of a local grocery store owner overnight Monday after someone called 911 and hung up the phone.

When police arrived at Don Tate's home, his wife told police that he had pointed a pearl-handled revolved at her, according to a criminal complaint in the Kanawha County Magistrate Court. He was arrested for a misdemeanor charge of domestic assault.

After the wife told police what Tate allegedly had done, they found a revolver on top of a dresser in their bedroom, according to the complaint. The revolver was silver and had a black handle, though.

Tate owns several Fas Chek and Save-A-Lot grocery stores

This isn't the first time Tate has been arrested. He pleaded guilty last year to breaking and entering and petit larceny. He also admitted to a charge of trespassing and paid a $500 fine for it.

That arrest stemmed from a 2015 incident in which Tate said at the time that he purchased a vacuum cleaner from an estate sale but forgot to take it home with him. He said in 2015 that he tried calling the home several times to retrieve the vacuum cleaner and then went to the house to retrieve it.

Then, in October of last year when he pleaded guilty, he admitted that he entered the home through a window and that he didn't have any money when he went to the estate sale and didn't purchase the vacuum cleaner, according to previous Gazette-Mail reports.

"I don't know if it is Alzheimer's or what, but I went back up and took the sweeper," Tate said when he pleaded guilty.

As a part of Tate's guilty plea, he entered into an agreement with prosecutors that he would avoid jail time and the breaking and entering felony charge would be dismissed if he could stay out of trouble for two years.

Prior to the vacuum cleaner incident, Tate faced a misdemeanor stalking charge when Jackson County authorities caught him spying on his ex-girlfriend in 2010. Authorities agreed to drop the charge if he had no more contact with the woman.

Tate is currently was being held Tuesday afternoon at the South Central Regional Jail on a $50,000 cash bond.

A Charleston man accused of shooting a man then dropping him off at a Charleston hospital was indicted last week.

James Bradley Green was dropped off at Charleston Area Medical Center's Women's and Children's Hospital on Dec. 21, 2016 after being shot twice near 2678 Conner Drive, according to a news release from Kanawha County sheriff's deputies. Green was carried into the hospital by a man, later identified as Mark Edward Broat Jr., 27, of Homewood Drive, according to a criminal complaint filed in Kanawha Circuit Court.

Green told investigators Broat shot him, the complaint said.

The day after the shooting, a Kanawha sheriff's deputy interviewed Broat, who allegedly admitted to shooting Green. He said he shot one round near Green but not at him and fired an addition four or five shots at him, striking him twice, according to the complaint.

Broat said he then placed Green into a UHaul truck and drove, eventually taking him to the hospital where he was seen on video helping Green into the hospital and then leaving in the truck.

Broat also told police he had driven the UHaul truck to take Green to retrieve a stolen UHaul truck that day.

Broat was indicted Friday on charges of kidnapping, attempted murder, wanton endangerment, prohibited person in possession of a firearm and malicious wounding. He is set to appear at 10 a.m. on Feb. 9 before Kanawha Circuit Judge James Stucky.