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Putnam grand jury returns indictments against 42

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A grand jury in Putnam County returned indictments last week against 42 defendants, Prosecuting Attorney Mark Sorsaia announced.

The indictments Sorsaia announced are not a finding of fact; it means only that grand jurors have decided that enough evidence exists to warrant a criminal trial. Indictments are as follows:

Gregory G. Abbott Jr., born 1974, of Huntington, forgery of a public record;

David A. Allen, born 1979, of Milton, robbery in the first degree;

Aaron L. Bradley, born 1979, of Hurricane, driving on a revoked license - DUI related, third offense;

Nicholas D. Burgess, born 1996, of Drybranch, unlawful assault and domestic battery;

Bruce A. Cook, born 1963, of St. Albans, embezzlement (2);

Joseph E. Cook, born 1976, of Danese, shoplifting, third offense;

Timothy D. Copley, born 1965, of Columbus, Ohio, fraudulent use of an unauthorized access device (3), forgery and uttering a forged writing (3);

Anthony G. Ferrebee, born 1982, of Maysel, fleeing in a vehicle from a law-enforcement officer in reckless indifference to the safety of others, possession of a stolen vehicle and driving on a revoked license - DUI related, second offense;

Justin W. Fore, born 1980, of Charleston, forgery of a public record;

Derrick L. George, born 1982, of New Haven, obtaining property in return for worthless check and obtaining property by false pretense;

Joshua A. George, born 1982, of Kenna, driving on a revoked license - DUI related, third offense, and possession of a controlled substance;

Jeffrey D. Goff, born 1987, of Red House, computer fraud (4) and attempt to commit computer fraud;

Paul E. Hardee Jr., born 1994, of Buffalo, nighttime burglary, grand larceny and conspiracy to commit nighttime burglary;

Bridgette A. Jividen, born 1987, of Winfield, child neglect creating a substantial risk of serious bodily injury or death;

Kasey D. Kincaid, born 1983, of Hernshaw, robbery in the first degree (2), conspiracy to commit robbery in the first degree (2), kidnapping and conspiracy to commit kidnapping;

Steven A. King, born 1979, of Scott Depot, conspiracy to commit delivery of a controlled substance, delivery of a controlled substance within 1,000 feet of a school and possession with intent to deliver a controlled substance;

Joel A. Martin, born 1990, of Marmet, conspiracy to attempt to operate a clandestine drug laboratory, attempt to operate a clandestine drug laboratory, conspiracy to commit possession of a substance to be used as a precursor to manufacture methamphetamine and possession of a substance to be used as a precursor to manufacture methamphetamine;

Erin L. Miller, born 1993, of Buffalo, daytime burglary, petit larceny, shoplifting, third offense (2), nighttime burglary, grand larceny and conspiracy to commit nighttime burglary;

Larry E. Newberry, born 1968, of Scott Depot, conspiracy to attempt to operate a clandestine drug laboratory, attempt to operate a clandestine drug laboratory, conspiracy to commit possession of a substance to be used as a precursor to manufacture methamphetamine and possession of a substance to be used as a precursor to manufacture methamphetamine and person prohibited from possessing a firearm;

Veronica L. Parler, born 1985, of Charleston, grand larceny and obstructing an officer;

Jonathan D. Patton, born 1967, of Hurricane, daytime burglary, conspiracy to commit daytime burglary and petit larceny;

Dustin D. Paxton, born 1989, of Poca, breaking and entering and destruction of property;

Harley A. Perkins, born 1992, of Barboursville, grand larceny and breaking and entering an automobile;

Jason D. Priestley, born 1979, of Hurricane, domestic battery, third offense;

Tiffany A. Priestley, born 1991, of Hurricane, shoplifting, third offense;

David R. Roberts, born 1976, of Hamlin, domestic battery, third offense;

Melissa C. Ruby, born 1974, of Hurricane, daytime burglary, conspiracy to commit daytime burglary, petit larceny and destruction of property;

Joseph D. Scales, born 1976, of Evansville, possession with intent to deliver a controlled substance (2) and obstructing an officer (2);

Kevin T. Sherk, born 1993, of Poca, grand larceny, breaking and entering and daytime burglary;

Michael D. Sniff, born 1987, of Hernshaw, robbery in the first degree (2), conspiracy to commit robbery in the first degree (2), kidnapping, conspiracy to commit kidnapping;

Roy F. Sovine, born 1986, of Culloden, fleeing in a vehicle from a law-enforcement officer in reckless indifference to the safety of others, speeding, reckless driving and failure to maintain control;

Timothy J. Spade, born 1998, of Hurricane, sexual abuse in the first degree (3), sexual assault in the second degree (2), strangulation (2) and attempt to commit sexual assault in the second degree;

Robert J. Stamper, born 1977, of East Bank, conspiracy to attempt to operate a clandestine drug laboratory, attempt to operate a clandestine drug laboratory, conspiracy to commit possession of a substance to be used as a precursor to manufacture methamphetamine and possession of a substance to be used as a precursor to manufacture methamphetamine;

Chad A. Taylor, born 1968, of Myrtle Beach, South Carolina, possession of a stolen vehicle;

Locie A. Taylor, born 1976, of Hurricane, driving on a revoked license, DUI related, third offense, driving without the required security and operating a motor vehicle without a valid registration;

Kirk D. Thomas, born 1989, of Poca, malicious assault, sexual assault in the second degree (2) and abduction;

William L. Thornhill II, born 1982, of Charleston, delivery of a controlled substance and conspiracy to commit delivery of a controlled substance;

Cora F. Vance, born 1985, of Hurricane, computer fraud (14);

Edward R. White, born 1975, of Hurricane, obtaining money by false pretense (70);

Raymond E. Wilkinson, born 1952, of Red House, possession of material visually portraying a minor engaged in sexually explicit conduct;

Darrell L. Withrow, born 1963, of Poca, strangulation, domestic battery and person prohibited from possessing a firearm;

Ralph W. Wray, born 1983, of Hurricane, possession of a controlled substance without a valid prescription.


Chase with stolen car ends with crash in South Charleston

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By Giuseppe Sabella

A needle laid on the hood of a crumpled Ford Fusion on Monday morning.

The car, which had been occupied by a man and woman, led Kanawha sheriff's deputies on a high-speed chase before it crashed at the intersection of Kanawha Turnpike and Chilton Avenue in South Charleston.

Dispatchers first reported a pursuit at about 10 a.m. when a deputy's license plate reader flagged the car as stolen. The vehicle reached speeds of 90 mph. as it traveled east on Interstate 64.

A second call, this time for an accident with injuries, came six minutes later.

The car had crashed into a fence and spiraled out of control, leaving an 80-foot skid mark on the road before finally coming to a stop.

At one end of the road, a man swept up debris where the stolen car ran into another vehicle. At the other end, a tow truck drove away with a deputy's SUV. The cruiser accidentally collided with the stolen car as it came to a stop, said Sgt. J.M. Launi, a deputy at the scene.

Launi said deputies found a crack cocaine pipe and several other needles scattered near the car.

Nobody appeared to be seriously injured, he said, and the two suspects would be identified when possible.

Reach Giuseppe at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or @gsabella on Twitter.

Deputies arrest woman in Sissonville shooting

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By Staff reports

Deputies arrested an Ohio woman in Sissonville Monday after she allegedly shot a woman with a .410-gauge shotgun and sent her to the hospital.

Ashlee Dresbach, 25, was the woman's guest at a home in the 1900 block of Morecott Drive in Sissonville, according to a criminal complaint filed in Kanawha County Magistrate Court.

Dresbach told Kanawha sheriff's deputies the woman was "feeling her up" and trying to steal her debit card, according to the complaint.

Both women separated after a fight early Monday morning and Dresbach went to sleep, the complaint states. Something woke Dresbach and she grabbed the shotgun, closed her eyes and fired a shot at about 4:30 a.m. The woman was wounded, but it was not believed to be life threatening, according to an email release from Sgt. Brian Humphreys, Kanawha Sheriff's Office spokesman.

Dresbach reportedly told the woman she didn't mean to shoot her.

Deputies arrested Dresbach on a charge of malicious wounding and took her to South Central Regional Jail, where she remained in lieu of a $25,000 bond Monday afternoon.

Man reportedly admits to sexual assault during job interview with police

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By Staff reports

Police arraigned a 21-year-old Nitro man Monday after his Feb. 8 job interview with the South Charleston Police Department led to an investigation.

During his interview to become a probationary police officer, Tyler Price reportedly told an officer he had sex with a woman while she was drunk, according to a criminal complaint filed in Kanawha County Magistrate Court.

He later showed the officer a video of the assault on his phone, the complaint states.

The woman reportedly told police she didn't know about the assault until Price called her about it on the same day as his interview.

Police charged Price with sexual assault and he was assigned $25,000 bail at his arraignment Monday.

Raleigh doctor backs out of plea deal

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By Kate White

A federal judge immediately shut down what she had scheduled as a plea hearing Monday after a Raleigh County doctor backed out of a deal he was expected to enter into with prosecutors over his alleged prescribing of oxycodone.

The deal Monday would have allowed Dr. Michael Kostenko to plead guilty to one count of intentionally distributing a quantity of oxycodone without a legitimate medical purpose.

Instead, Kostenko continues to face 20 counts of oxycodone distribution charges, which he was indicted on by a federal grand jury in Nov. 29 last year. Three of those distribution counts allege the doctor's illegal writing of prescriptions for pain pills led to the overdose deaths of three patients.

His trial is set for April 24 in Beckley in front of U.S. District Judge Irene Berger. Each charge involving the distribution of oxycodone resulting in death carries a mandatory minimum of 20 years in prison.

"Not guilty," Kostenko, who ran Coal Country Clinic, in Daniels, said during Monday's hearing. Federal prosecutors last week filed a motion requesting that Berger schedule a "guilty plea hearing" for the doctor.

Kostenko was charged last Wednesday with one count of intentionally distributing a quantity of oxycodone, a Schedule II controlled substance, not for legitimate medical purposes in the usual course of professional medical practice and beyond the bounds of medical practice. The felony charge was filed in the form of an information, which is similar to an indictment but can't be filed without a defendant's consent. It usually signals a defendant has agreed to cooperate with prosecutors and plead guilty.

Assistant U.S. Attorney Miller Bushong, the same day he filed the information, filed a motion requesting the guilty plea hearing be set for Kostenko.

Initially Monday, the doctor said he had reached an agreement with prosecutors.

Berger on Monday paused the hearing to allow the doctor to speak with his lawyers, Ward Morgan, of Bluefield, and Derrick Lefler, of Princeton, before accepting the deal.

Kostenko has been incarcerated in the Southern Regional Jail since the fall. He has been denied release at least twice.

Last year, Kostenko repeatedly defied orders from West Virginia health inspectors who directed him to shut down his medical practice. Two of Kostenko's patients fatally overdosed after the state took the doctor to court and closed his clinic, which had been located on C&O Dam Road in Daniels.

The clinic saw about 600 patients a month before it closed. All of Kostenko's patients were receiving prescriptions for narcotic painkillers, according to reports by the state Board of Pharmacy. West Virginia inspectors in 2015 cited Kostenko and his clinic for failing to keep adequate medical records.

The Department of Health and Human Resources has argued that officials with their agency twice tried to get Kostenko to close his clinic in Daniels, but he refused. After two of Kostenko's patients fatally overdosed, however, the state took the doctor to court and closed his clinic, which had been located on C&O Dam Road, in Daniels.

In previous interviews with the Gazette-Mail, Kostenko has denied any wrongdoing. Morgan said he didn't wish to comment Monday.

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

Lack of witnesses hampers Fayette homicide case

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By By Susan Williams For the Gazette-Mail

FAYETTEVILLE - A child might have seen what happened to Jonathan Skaggs nearly 18 years ago, a witness said Tuesday, but no one knows where that person, who would be an adult now, is, according to arguments in Fayette Circuit Court on Tuesday.

In 1999, Skaggs disappeared, and his fragmented and badly burned remains were later discovered on property where Clinton Toney lived outside of Oak Hill. In 2015, Toney was indicted for Skaggs' murder.

Fayette County Public Defender Scott Stanton declared in a motion to dismiss that Toney cannot get a fair trial now for several reasons, including the fact so many potential witnesses are dead.

In a hearing before Circuit Judge John Hatcher, the names of at least seven people who are now dead were among those mentioned who could have added to the knowledge of this case.

Toney's aunt, Joyce Foster, testified that James Jones told her before Skaggs' remains were found that he was not going to look for Skaggs because he knew Skaggs was dead. Foster said Jones made the statement in front of her mother and niece who are now dead. Jones is also dead.

One witness may be alive, but no one knows the whereabouts of Sean Andrews. Because he cannot be found, the judge allowed Wes Jones to testify to information Andrews gave him.

Jones said he was about 13 when Skaggs disappeared. He said his friend Andrews could have been the same age or younger.

Jones said Andrews told him years ago that Andrews "was hiding in the woods and saw what was done to Jonathan Skaggs." Jones said Andrews told him "It was wrong," and that Andrews was "sworn to secrecy" by someone who had the initial "M" in his or her name.

Jones also said that he and Andrews helped to start a fire at Toney's house in his fire pit on the Sunday morning after Skaggs went missing. Parts of Jonathan Skaggs' body were later found in that fire pit.

Jones also said no police officers ever interviewed him.

Shelby Jean Wolford said police never interviewed her or her husband. Wolford said from her bedroom window she could see straight across to where Toney used to live. She testified that she saw a car leave the Toney residence in the early morning hours of August 14, 1999. This is the date Skaggs disappeared.

Franklin Daniels attended a party at the home of Toney's neighbor. Daniels testified that Jonathan Skaggs attended that party, also. This was the last time Skaggs was ever seen alive. But Daniels said no law enforcement officer ever interviewed him.

Shaun David Tincher testified that he attended the same party and Skaggs was there. Tincher said he "helped him (Skaggs) down the hill." Later Tincher also said he found a passed out Skaggs in the road. Tincher testified that he took the bottle of liquor Skaggs had, but he left Skaggs in the road.

Months after Skaggs died, Tincher and Mark Lafferty went to the home of Gary Skaggs, Jonathan Skaggs' father. Lafferty and Jonathan Skaggs' uncle, Charles Garland Keenan, "exchanged punches," Tincher testified.

Lafferty and Tincher fled the Skaggs' home on Tincher's four-wheeler. Police accused Keenan of shooting at the fleeing pair and fatally wounding Lafferty who was on the back. Keenan is also now dead. In the original police report filed April 19, 2000, a Fayette County deputy wrote that he believed the Lafferty death stemmed from seeking revenge in the Skaggs case.

Prosecutors asked Tincher no questions at the Tuesday hearing. Although almost a dozen people took the stand, prosecutors chose not to cross examine most of them.

On several occasions, prosecutors also stipulated agreements with the defense on what witnesses might say if they were called to the stand. At the close of the hearing, prosecutors offered no evidence.

After his death in 1999, no one was charged with Skaggs' death until 2015.

Fayette County Prosecutor Larry Harrah told Judge Hatcher that he took office in 2015. Hatcher said it puzzled him why no one had ever spoken to the two prosecutors who held the job before Harrah and were in office at the time of the deaths of Skaggs and Lafferty. The judge suggested that the two prosecutors might have information "to fill in the gaps" for the years when nothing was done with the case.

No expert ever determined the cause of Skaggs' death. That lack of knowledge hampered the case. But Stanton maintains there was no new evidence to give a grand jury when Toney was indicted in 2015. Stanton argues that the delays in the case and the large number of dead witnesses make it impossible for Toney to get a fair trial.

The judge asked both sides to prepare their conclusions of law from the Tuesday hearing and have those ready in thirty days.

Susan Williams is a retired Gazette-Mail reporter.

Authorities identify body of missing Marion County native

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By Giuseppe Sabella

Friday marked one year since workers found a man's remains under the New River Gorge Bridge.

Thanks to a DNA analysis by the Federal Bureau of Investigation, it's now known the skeletal remains belonged to Robert Kovack, said Sgt. K.D. Horrocks, of the West Virginia State Police detachment in Oak Hill.

Kovack was a 24-year-old Virginia Tech graduate student from Marion County who went missing Sept. 18, 1998.

Thick brush and steep hills kept the remains hidden until 2016, when a work crew traveled under the bridge to do repairs.

Authorities are also coming closer to the cause of his death. An examination by the state medical examiner's office and the Smithsonian revealed a large impact killed Kovack.

"Which indicates he may have been struck by a vehicle while on the bridge," Horrocks said.

Kovack was last seen on a surveillance video in Blacksburg, Virginia, and authorities found his car near the bridge in Fayette County five days later.

Horrocks said investigators found Kovack's drivers license with the remains, and the DNA results confirmed their assumptions.

The case is still under investigation and anyone with information can call the Oak Hill detachment at 304-469-2915.

Reach Giuseppe Sabella at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or @Gsabella on Twitter.

Family's attorney: WV State Police settles lawsuit over teen's death

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By Kate White

A tentative settlement agreement has been reached between the West Virginia State Police and the parents of a teen killed by a trooper nearly three years ago in Mercer County.

The trial in the lawsuit filed by the parents of Timothy Hill, 18, had been set to begin this week in Kanawha County Circuit Court.

Instead, lawyers in the case notified Judge Jennifer Bailey late last week about a proposed settlement agreement. Bailey will have to approve of the settlement, because the lawsuit contains allegations of wrongful death.

Nothing reflecting the proposed agreement has been filed in the case yet. It was confirmed by Mike Olivio, one of the attorneys representing Hill's parents.

Hill was unarmed when Senior Trooper B.D. Gillespie shot and killed him in the early hours of June 13, 2014, during a struggle at the foot of Hill's driveway in Kegley, an unincorporated community in Mercer County. During the struggle, Gillespie said, Hill reached for his gun. Hill was shot twice, once in the head and once in the chest.

About a year after his death, Hill's parents, Michelle and Robert Hill Jr., filed their lawsuit against Gillespie and the State Police, alleging that Gillespie acted maliciously and in reckless disregard of Hill's rights.

The Hills, who are represented by Olivio, Stephanie Mullett and the Bert-hold law firm, also alleged that the State Police does not properly investigate killings involving its officers. The investigation of Gillespie, as is usually the case, was led by fellow troopers.

"The case against Trooper Gillespie and the West Virginia State Police has been resolved by mutual agreement," Olivio said. "While nothing can replace the loss of their son, the Hill family is satisfied with the outcome of the case."

A Mercer County grand jury in 2014 chose not to indict Gillespie after the investigation led by a fellow trooper and then-Mercer Prosecuting Attorney Scott Ash.

Hill lived on the same street as Gillespie and had at least one previous run-in, concerning Hill riding a dirt bike in the street. About four months before her son was killed, Michelle Hill told a Mercer sheriff's deputy that Gillespie was harassing her son. The Hills said Gillespie watched their son with binoculars and recorded him with a video camera.

The 1 a.m. confrontation that led to Hill's shooting concerned some wet underwear two others had thrown on Gillespie's police cruiser as a prank after they went swimming.

Angela Gillespie woke her husband at about 11:30 p.m. and told him she had discovered the underwear on his cruiser and had seen a group of boys in their driveway. She then got in her vehicle and went searching for the boys.

After she returned, Gillespie, who had worked a 14-hour shift earlier that day, put on his uniform and called to place himself on duty. He searched for about two hours before finding three teenagers walking in the street.

After questioning the three, who all denied throwing the underwear, the trooper dismissed the two Hill was with to question Hill alone.

It was during that questioning that Gillespie decided to arrest Hill.

When Gillespie grabbed Hill's arm, Hill jerked away, cursed at him and went to "jolt off," according to a trooper's report on the investigation into the shooting.

Gillespie said he then sprayed Hill in the face with pepper spray from a distance of about 6 inches, but it didn't have any effect on Hill.

Clark Crews, a neighbor who was sitting on his porch, ran over and asked Gillespie if he needed help. Crews said he immediately felt the effects of the pepper spray.

Crews pulled at Hill's arm and all three men fell down a hill into a drainage ditch. It's then, Gillespie contends, that Hill began grabbing on his holster.

Last month, Bailey refused to throw out the lawsuit based on a motion by the State Police requesting summary judgment.

The State Police and Gillespie argued that they should be entitled to qualified immunity, which protects officers of state agencies and boards from being sued.

Attorney Gary Pullin, who represented the State Police, withdrew a notice of his intent to appeal Bailey's ruling on the summary judgment motion.

Pullin couldn't be reached for comment Tuesday evening.

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


Former Charleston lawyer indicted, accused of embezzlement

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By Kate White

Two years after surrendering his license to practice law in West Virginia, a former Charleston lawyer has been named in a 21-count indictment charging him with embezzlement by misuse of fiduciary.

Robert Michael Martin pleaded not guilty to the charges during an arraignment this week in Kanawha County Circuit Court. His license to practice law was annulled in 2015, according to a state Supreme Court order, which shows Martin agreed not to fight the recommendation of a lawyer disciplinary board.

Martin has not been arrested and will await trial at home. Circuit Judge Charles King on Monday set a July 10 trial date and allowed Martin to leave the courthouse on a $25,000 personal recognizance bond.

The indictment alleges 21 of Martin's former clients were never properly paid after their civil cases were resolved.

In those cases Martin "did unlawfully, feloniously, willfully and with the intent to defraud misuse and misappropriate the funds" of at least $1,000, the charging document states.

Assistant Kanawha Prosecutor Rob Schulenberg said Tuesday that the prosecutor's office, along with the West Virginia State Police and the state Insurance Commissioner have been investigating Martin for the past two years.

The indictment states that State Police Sgt. Leslie Boytek gave testimony on Martin before a grand jury in Kanawha.

The allegations contained in the indictment resemble claims brought in more than 10 lawsuits filed against Martin in Kanawha, Raleigh and Wayne counties by former clients.

Ethics charges filed by the state Office of Disciplinary Counsel, which led to Martin surrendering his law license, also included allegations of embezzling from clients.

An indictment is not a finding of fact. It means only that a grand jury believes there's enough evidence to warrant a jury trial.

Martin, who couldn't be reached for comment Tuesday, is represented by Charleston lawyer Trent Redman. Redman declined comment.

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

Charleston lawyer's license suspended by state

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By Staff reports

The West Virginia Supreme Court has suspended the license of a Charleston attorney after the state's Office of Disciplinary Counsel said he committed "several violations of the West Virginia Rules of Professional Conduct."

David L. White has 10 open ethics complaints against him and is under investigation by the ODC, the office wrote in its petition. The complaints generally allege a lack of diligence and communication and failures to expedite litigation, to surrender client files and to refund unearned fees, the petition says.

White's clients say they have been unable to reach him by phone and that his office on Summers Street appears to be vacant, the petition says.

The suspension is temporary and a full disciplinary hearing is forthcoming, said Renee Frymyer, lawyer disciplinary counsel at the ODC. The Supreme Court authorized Chief Kanawha Circuit Judge Jennifer Bailey to appoint a trustee to handle White's clients.

Former Nitro mayor, Kanawha sheriff Ashley dies

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By Staff reports

Art Ashley, a former Nitro mayor, Kanawha County sheriff and state lawmaker, died Monday in Pinehurst, North Carolina, where he lived. He was 83.

Ashley, originally of Nitro, was the town's mayor from 1980 until 1988. He was instrumental in bringing in what is now the Mardi Gras Casino and Resort and the senior housing units Village on Park, according to Rusty Casto, a former Nitro mayor and current Kanawha magistrate.

"It was a pleasure working with him," Casto said. "He had the interest of Nitro at heart."

Casto was a member of city council when Ashley was mayor, Casto said.

After his time as mayor, Ashley went on to serve as Kanawha County Sheriff and served one term in the state House of Delegates, Casto said.

Ashley served two terms as Kanawha County sheriff in the 1990s, Kanawha County Commission president Kent Carper said. Carper said Ashley saw the region's drug epidemic coming before others did and cooperated in some drug investigations with the sheriff's office while he was still Nitro's mayor.

"He really, really enjoyed being the sheriff, I think better than anything he ever did in his life," Carper said. "He was a hands-on sheriff."

Ashley had an interest in the Constitution and loved public service, Carper said.

"I always thought him to be professional, honest and decent," Carper said.

While Ashley was sheriff, an employee apparently embezzled around $250,000 from the sheriff's office, according to Gazette-Mail archives. State Police identified an employee as the sole suspect, but the employee died before being formally charged.

Ashley was also a past president of the Charleston Lions Club and an elder of First Presbyterian Church of Nitro, according to his obituary.

Casto said Ashley had suffered from dementia in recent years. He died an assisted living center in North Carolina, according to his obituary.

Two Ind. family members sentenced for WV drug conspiracy

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By Staff reports

A mother and her son-in-law, both from Indiana, were sentenced Wednesday in federal court in Charleston for their involvement in a pain pill conspiracy.

Linda Vannatter, 74, of Hammond, was sentenced to three years and a month in federal prison for conspiracy to distribute oxycodone. Steven Jurick, 57, of Valparaiso, was sentenced to two and a half years in federal prison for conspiracy to distribute oxycodone.

Vannatter and Jurick previously admitted to conspiring with each other to provide prescription pills to a person who distributed pills in Logan County, according to a news release from U.S. Attorney Carol Casto's office. That person would meet either Vannatter or Jurick or both of them in Indiana to obtain the pills.

Vannatter sold 231 30-milligram pills and 17 20-milligram pills to the person on March 16, 2016. During that transaction, the person acted as a confidential informant, the release states.

Jurick, on April 13, 2016, sold 150 30-milligram pills to the person while he or she worked undercover for law enforcement.

U.S. District Judge Joseph Goodwin handed down the sentences Wednesday.

Logan businessman admits lying on tax returns

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By Staff reports

A Logan County man and owner of an auto repair company pleaded guilty Wednesday in Charleston to a federal tax crime.

Timothy Moore, 54, pleaded guilty to making a false statement on a tax return. Moore, the owner of Auto Body Specialists LLC, an auto body and collision repair company in Logan, underreported the income of his business.

Moore has agreed to pay $127,926 to the IRS in restitution. He faces up to three years in federal prison when he's sentenced June 9 by U.S. District Judge Joseph Goodwin. He could also be fined up to $250,000.

From 2010 through at least 2013, Moore admitted he diverted about $414,200 worth of business checks to his personal bank accounts, according to a news release from U.S. Attorney Carol Casto's office. He also hired an outside bookkeeper to prepare his personal and business taxes and to organize the books and records of the business. He authorized the bookkeeper to file the false returns.

Moore admitted to knowing his tax returns understated his company's income, as his returns didn't take into account the diverted funds, according to prosecutors.

Guatemalan national sentenced for immigration crime

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By Staff reports

Deportation proceedings will be held for a man from Guatemala who pleaded guilty to illegally reentering the United States.

A federal judge, during a sentencing hearing in Charleston on Wednesday, gave Obed Zabaleta, 23, credit for time he's already served incarcerated. Zabaleta has been in federal custody since Nov. 9, 2016. U.S. District Judge Thomas Johnston remanded Zabaleta on Wednesday to the Department of Homeland Security for the proceedings.

Zabaleta was removed from the U.S. to his home country of Guatemala on July 24, 2014, and again on Jan. 15, 2015. Zabaleta was found in Charleston after a traffic stop by the West Virginia State Police on Nov. 9, 2016, on Interstate 79.

One person killed in Charleston car fire

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By Staff reports

One person has died after being trapped in a car that crashed and caught fire Wednesday night, a dispatcher said.

The single-vehicle crash occurred in the 800 block of Woodward Drive in Charleston around 7:45 p.m.

Those on the scene confirmed the person's death at 9:47 p.m., the dispatcher said. Further information on the person or cause of the crash was not known.

The fire has since been put out.

The 800 block of Woodward Drive will be closed "for an extended amount of time" following the crash, according to the Kanawha Metro 911 website.


New Weirton ordinance targets drug users

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By The Associated Press

WEIRTON, W.Va. (AP) — The city of Weirton will make it a crime to appear in public under the influence of drugs.

The Parkersburg News and Sentinel reports the ordinance passed in an emergency reading on Monday by a 7-0 vote of the Weirton City Council, establishing a charge of “appearing in a public place or automobile in a drug induced condition.”

City Attorney Vince Gurrera says the ordinance was developed because of an increase in incidents in which people have been found to be in a drug-induced condition while in public. He says the charge can be equated to a public intoxication charge, but for drugs instead of alcohol.

A conviction of the charge carries a fine of up to $500 and up to 30 days in jail.

Yeager Airport officials confiscate loaded handgun

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By Giuseppe Sabella

Police cited a 61-year-old Dunbar man Wednesday after he reportedly brought a loaded handgun into Yeager Airport.

Mark Simpson packed the handgun - loaded with six bullets - and a box of 14 more bullets in his carry-on luggage, according to a news release by airport spokesman Mike Plante.

At about 3 p.m., police confiscated the gun and ammunition after personnel with the Transportation Security Administration found the items in his carry-on luggage.

Simpson's gun is the third to be confiscated at the airport this year, according to the release.

"We strongly urge all travelers to pay heed to the signage in the airport regarding firearms and double check their carry on baggage before attempting to pass through the security check point," said Chief Joe Crawford, of the airport police, in a written statement.

Simpson reportedly told police he forget the loaded gun was in the luggage, according to a news release from the TSA.

Passengers who bring a gun to airport security checkpoints could face criminal charges and a fine of up to $12,000, the release states.

"Weapons - including firearms, firearm parts and ammunition - are not permitted in carry-on bags, but can be transported in checked bags if they are unloaded, properly packed and declared to the airline," TSA spokeswoman Lisa Farbstein said in a prepared statement.

Reach Giuseppe at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or @Gsabella on Twitter.

Police: Teen in DHHR custody dies after stealing, crashing state car

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By Staff reports

A 13-year-old boy in the custody of the West Virginia Department of Health and Human Resources was killed Wednesday evening in a car fire, according to a release from Charleston police.

It happened at about 7:45 p.m. Wednesday in the 800 block of Woodward Drive.

Jeremy Bush, 13, was a resident at the ResCare facility at 1033 Woodward Drive, Sgt. Mark Kinder said in the release. Bush left with the keys to a 2015 Dodge Caravan, leased by the DHHR, then drove south on Woodward.

Police said Bush was driving the van when it crashed into a stone retaining wall. He was the only person in the car.

First responders found Bush dead in the vehicle when they arrived. City police and firefighters put out the fire. Police said the van had heavy damage from the "high speed impact" and fire.

Charleston police are investigating.

The road was closed for several hours after the crash.

DHHR spokeswoman Allison Adler said Thursday afternoon that the agency will be conducting an investigation and wouldn't comment further because of privacy issues.

Calls to ResCare went unanswered Thursday. No one came to the doors of the facility Thursday afternoon.

Budget would cut funds for nonprofit that helps people navigate court system

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By Kate White

The director of Legal Aid of West Virginia was thinking Thursday afternoon about what it means to her to be an American.

Earlier in the day, Adrienne Worthy had seen the Trump administration's budget blueprint, which would gut federal funding for offices like the ones she runs.

"I would absolutely argue we are one of the cornerstones of American democracy," Worthy said. "The Pledge of Allegiance, what are the last four words?

"And justice for all," she recited.

Trump's plan zeros out funding for the Legal Services Corporation and, in turn, about $2.2 million of Legal Aid of West Virginia's annual budget of about $10 million.

Nationwide, Legal Services Corporation is a nonprofit group that funds dozens of legal aid offices across the country funding. It was given $385 million last year and had requested $502 million for fiscal year 2017.

Money from the state funds the other half of the organization that helps low-income people navigate an increasingly complicating court system, said Worthy. More than half of West Virginians are considered low-income. Seniors, veterans and children make up a significant amount of the organization's clients, but Worthy said victims of domestic violence is what is assisted most.

"We're talking about eliminating our core funding for the heart of the work we do," said Worthy. "We're the only game in town when it comes to statewide services civil legal services for low income and vulnerable folks. ... Every state is required to have a legal aid provider to ensure access to justice and we are that entity to West Virginia. There's nobody else who does what we do."

In 2016, Legal Aid of West Virginia screened applications from more than 14,000 people, said Worthy. In all, the organization ended up handling about 12,000 cases last year. They handled about the same amount in 2015,

Legal Aid of West Virginia has about 56 lawyers. Starting salaries are just over $40,000.

"These folks are truly dedicated to fairness and justice," she said.

A recent survey shows the organization is able to help only one out of every two people who apply for the service - and are determined to need and qualify for it. Because of the demand, the organization has devoted more time and resources to creating packets of information to give out and beefed up its website, its director said.

"All of that is in jeopardy if the funding it eliminated," Worthy said.

"If Legal Aid disappears on a national level, we would still have a presence in West Virginia, but it would be much diminished. At a very basic level, thousands of people would not have access to justice," she said. "We are the keys to the courtroom for many low-income West Virginians. There are a lot of low-income West Virginians."

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

Domestic violence order thrown out against Charleston officer

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By Kate White

A domestic violence protection order issued against a Charleston police officer last month was thrown out by a circuit judge Thursday.

The order barring Cpl. Justin Doughty, 31, from contacting his ex-wife for 90 days was thrown out after a hearing by Kanawha Judge Carrie Webster.

"That's the sister of [Charleston police] Chief Brent Webster," the officer's brother Brian Doughty said, noting he wanted to remind a Gazette-Mail reporter of that Thursday afternoon. "I want my brother's name to be cleared. He's not that kind of person."

Officer Doughty told a reporter earlier this month that the claims brought by his ex-wife were "totally false." He appealed the protection order issued against him in Kanawha Family Court within 10 days and it was assigned to Carrie Webster. Doughty would have had to say it was OK for the judge to hear the case since her brother is the chief of police.

Carrie Webster ruled Thursday that Doughty's ex-wife, Leah Stephenson, 33, is "not a victim of domestic violence," under state law. The circuit judge's order also states that the findings made by Kanawha Family Judge Ken Ballard were "clearly erroneous."

Brent Webster said earlier this month that Doughty already had been on paid administrative leave since September 2016 when Ballard issued the domestic violence order. The leave last year stems from an unrelated incident, which Webster said he was not at liberty to discuss.

Doughty was required to turn over his gun to the police department last year when he was placed on leave, said Webster. By law, people with crimes involving allegations of domestic violence and those with domestic violence orders against them are prohibited from having guns.

Brent Webster said Doughty, who has been with Charleston police at least 10 years, was moved last summer from the Criminal Investigation Division to the patrol division.

"His leave status doesn't change because of this," Brent Webster said. "He's still on paid administrative leave awaiting the conclusion of the other investigation."

Stephenson filed for the petition after an incident she alleged took place Feb. 21, in which Doughty got mad because their child's homework had not been done, Ballard's order stated.

The family judge wrote that Doughty placed his ex-wife "in apprehension of physical harm and fear of harm" during the incident. Doughty allegedly directed explicit insults at Stephenson in front of their minor child and said he "didn't care if she was dead or alive," Ballard wrote. Stephenson told authorities she felt "afraid and intimidated."

Doughty was served with a temporary domestic violence order the day after the incident. Only final orders in cases of domestic violence are public. Everything else is sealed.

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

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