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Monroe funeral director indicted on insurance fraud charges

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By Kayla Asbury

A grand jury indicted a Monroe County funeral director on charges of wire fraud after he allegedly claimed money from the funeral insurance of his living customers.

Joel L. McGuire, of Union, is charged with defrauding Homesteaders Life Co. out of more than $75,000 in falsified claims from April 2010 to August 2012.

McGuire, director and co-owner of Broyles-McGuire Funeral Home, LLC, which is now closed, served as an agent for Homesteaders and sold insurance to his customers that would pay for their funerals after their death. He sold insurance policies to his clients from August 1999 to January 2006.

"McGuire falsely represented to Homesteaders Life, over the telephone and the internet, that certain clients had died and that Broyles-McGuire had provided funeral services those clients, when in fact the clients were still living and Broyles-McGuire had not provided any funeral services," the indictment reads.

After receiving the funds, McGuire deposited checks into the funeral home's bank account. McGuire was the only person who issued, endorsed and deposited checks into that account, according to the indictment.

The company, based in West Des Moines, Iowa, offers insurance that covers costs of funerals upon the death of the insured and operates through agents, typically funeral home owners or directors, who sell the insurance to their customers.

Upon the death of someone insured by the company, the agent is to contact Homesteaders to initiate a claim by providing the insured person's name, date of birth, date of death and cost of the funeral services. Homesteaders then issues a bank draft payable to the provider of the funeral services, according to the indictment.

Attorney General Patrick Morrisey filed a civil complaint in Monroe Circuit Court against McGuire and Broyle-McGuire Funeral Home in 2014, alleging the home had violated West Virginia's Pre-need Act and Consumer Protection Act by making eight fraudulent death claims.

The fraudulent claims were discovered in a March 2013 audit of the funeral home, and totaled in $60,512.36. The funds were deposited into the funeral home's operation account, according to the complaint.

Affidavits were attached to Morrisey's complaint from two clients of the funeral home that stated they had purchased pre-need funeral insurance, but did not know the location of their pre-need funeral money.

One customer said they had paid more than $8,000 to the funeral home.

Reach Kayla Asbury at kayla.asbury@wvgazettemail.com, call 304-348-3051 or follow @kasbury_ on Twitter.


Putnam grand jury indicts 67

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A grand jury in Putnam County returned 61 indictments last week against 67 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:

Caleb L. Adkins, born 1992, of St. Albans, driving on a revoked license DUI-related (third offense), driving a motor vehicle without the required security and improper use of a registration plate.

James E. Adkins, born 1967, of Hurricane, delivery of a controlled substance, conspiracy to commit delivery of a controlled substance and possession of a controlled substance (2).

Brandon C. Bailes, born 1989, of Cross Lanes, delivery of a controlled substance.

Stanley J. Barnette, born 1981, of St. Albans, possession of a stolen vehicle and fleeing in a vehicle from a law-enforcement officer.

Dustin R. Bassham, born 1988, of Seth, fraudulent use of an unauthorized access device (2).

Jesse L. Boardman, born 1989, of South Charleston, possession with intent to deliver a controlled substance.

Eric D. Booth, born 1980, of Poca, possession with intent to deliver a controlled substance.

Justin B. Caldwell, born 1987, of Hurricane, possession with intent to deliver a controlled substance (2).

Eric S. Call, born 1984, of Buffalo, driving on a revoked license-DUI related (third offense), and fleeing in a vehicle from a law enforcement officer while under the influence of alcohol.

Shannon B. Carter, born 1992, of Huntington, grand larceny.

Angelica D. Collins, born 1971, of Charleston, conspiracy to commit daytime burglary and daytime burglary.

Danielle F. Cooper, born 1987, of Buffalo, possession of a stolen vehicle, leaving the scene of an accident, driving on a suspended license and failure to maintain control.

Grant M. Crul, born 1989, of Hurricane, threat to commit terrorist act, fleeing from law-enforcement officer by means other than use of a vehicle, giving false information to a member of the Department of Public Safety, obstructing an officer and trespassing.

Melanie L. Curnutte, born 1963, of Nitro, delivery of a controlled substance.

Angela A. Doak, born 1970, of Hurricane, fraudulent scheme, forgery (2) and uttering a forged writing.

Brittany D. Fields, born 1991, of Dunbar, operating a motor vehicle without a valid registration, giving false information to a member of the Department of Public Safety, driving a motor vehicle without the required security, driving a motor vehicle without a current and valid certificate of inspection, speeding, driving on a revoked license DUI-related (second offense), driving under the influence of a controlled substance (third offense) and driving on a suspended license (second offense).

Zachary D. Fitzsimmons, born 1995, of Hurricane, fraudulent use of an unauthorized device (6), and fraudulent scheme.

Richard B. Gay, born 1981, of Bancroft, strangulation, domestic battery (2), unlawful assault and child abuse resulting in bodily injury.

Jennifer K. Gilfilen, born 1983, of Hurricane, shoplifting (third offense).

Robbie R. Gragg, born 1977, St. Albans, delivery of a controlled substance and conspiracy to commit delivery of a controlled substance.

Matthew D. Halstead, born 1991, of South Point, Ohio, uttering a forged writing and attempt to utter a forged writing.

Geoffrey E. Hatfield, born 1976 of Scott Depot, driving under the influence of alcohol (third offense), driving on a revoked license DUI-related (second offense) and grand larceny.

Anthony T. Hendricks, born 1973, of Hurricane, strangulation and domestic battery.

Nicholas W. Hitchcock, born 1991, of Cross Lanes, delivery of a controlled substance and conspiracy to commit delivery of a controlled substance.

Malcolm J. Hodges, born 1992, of Hurricane, person prohibited from possessing a firearm (2), fleeing in a vehicle from a law-enforcement officer, possession of a controlled substance, driving without a valid driver's license, driving a motor vehicle without a current and valid certificate of inspection and leaving an unattended motor vehicle.

Franklin D. D. Housen III, born 1997, of Merriville, Ind., possession of a stolen vehicle and fleeing from a law-enforcement officer in reckless indifference to the safety of others.

Christopher R. Johnson, born 1989, of Scott Depot, driving under the influence of a controlled substance (third offense).

Jeremy D. Johnson, born 1995, of Foster, daytime burglary and grand larceny.

Tony R. Johnson, born 1980, of Charleston, possession of a stolen vehicle and shoplifting.

Dwayne M. Jones, born 1960, of St. Albans, driving on a revoked license DUI-related (third offense) (2), improper use of a registration plate, operating a vehicle without evidence of a registration plate and driving a motor vehicle without the required security.

Jeremy S. Keil, born 1977, of St. Albans, conspiracy to commit possession with intent to deliver a controlled substance, possession with intent to deliver a controlled substance and person prohibited from possessing a firearm.

Brian C. Kersey, born 1984, of Hurricane, breaking and entering.

Dale W. Kilgore, born 1969, delivery of a controlled substance.

Jacob B. McComas, born 1998, of Liberty, possession with intent to deliver a controlled substance, unlawful restraint, domestic battery and destruction of property.

Steven T. McGhee, born 1977, of Cross Lanes, driving on a revoked license DUI-related (third offense), driving on a suspended license, improper use of a registration plate and driving a motor vehicle without the required security.

Tracy D. McNeely, born 1992, of Red House, conspiracy to commit daytime burglary and daytime burglary.

Trashawn D. Mills, born 1996, of Charleston, possession with intent to deliver a controlled substance, conspiracy to commit possession with intent to deliver a controlled substance, possession of a controlled substance, driving a motor vehicle without a valid driver's license, driving a motor vehicle without the required security and speeding.

Kirk M. Murray Jr, born 1984, of St. Albans, possession with intent to deliver a controlled substance.

Alma L. Oldham, born 1986, of Buffalo, possession with intent to deliver a controlled substance, possession of a controlled substance and conspiracy to commit possession with intent to deliver a controlled substance.

Jennifer E. Oldham, born 1977, of Winfield, driving on a revoked license DUI-related (third offense).

Luis C. Peralta, born 1983, of Winfield, retaliation of a witness, violation of a protective order, domestic battery (third offense) and strangulation.

Richard W. Persinger Jr., born 1967, of Liberty, driving on a revoked license DUI-related (third offense) (2), and possession with intent to deliver a controlled substance.

Dayle R. Petry, born 1986, of Hurricane, possession with intent to deliver a controlled substance.

Douglas K. Pickering, born 1956, of Hometown, possession with intent to deliver a controlled substance.

Carleton L. Raines, born 1978, of Scott Depot, driving on a revoked license DUI-related (third offense), person prohibited from possessing a firearm, possession of a controlled substance (3), improper use of registration plate and driving a motor vehicle without the required security.

James W. Risner, born 1980, of Red House, nighttime burglary (2) and petit larceny.

Michael W. Sanders, born 1968, of Poca, possession with intent to deliver a controlled substance (2).

David A. Saunders, born 1973, of Red House, conspiracy to commit daytime burglary and daytime burglary.

Joseph L. Saunders, born 1981, of Buffalo, conspiracy to commit possession with intent to deliver a controlled substance, possession with intent to deliver a controlled substance and possession of a controlled substance.

Naquil M. Sayles, born 1996, of Charleston, possession with intent to deliver a controlled substance and conspiracy to commit possession with intent to deliver a controlled substance.

Dylan E. Scarberry, born 1991 of Hurricane, uttering a forged writing (18).

Nickolas B. Schuler, born 1991, of Hurricane, strangulation, domestic battery, destruction of property, domestic assault and unlawful restraint.

Patrick P. Setliff, born 1986, of Culloden, fraudulent use of an unauthorized access (3) and escape.

Scotty L. Shaffer, born 1991, of Charleston, speeding, fleeing in a vehicle from a law-enforcement officer in reckless indifference to the safety of others, failure to maintain control and driving on a revoked license (third offense).

Michael S. Smith Jr., born 1971, of Hurricane, uttering a forged writing (4).

Trista D. Sutherland, born 1985, of Dawes, conspiracy to commit delivery of a controlled substance and possession of a controlled substance.

Christopher M. Thomas, born 1984, of Poca, malicious assault and kidnapping.

Shannon M. Vaughn, born 1973, of Cross Lanes, driving on a revoked license DUI-related (third offense).

Flem W. Walters, born 1982, of Huntington, grand larceny and transferring stolen property (4).

Celeste R. Ward, born 1983, of Poca, conspiracy to commit possession with intent to deliver an controlled substance and possession with intent to deliver a controlled substance.

Timothy D. Whaples, born 1983, of Hurricane, fraudulent use of an unauthorized access device.

Steven A. White Jr, born 1989, of St. Albans, possession of a stolen vehicle, fleeing in a vehicle from a law-enforcement officer and driving on a revoked license DUI-related.

Ellen F. Whiting, born 1961, of Poca, delivery of a controlled substance (3).

Christopher A. Williams, born 1981 of Dunbar, possession of a stolen vehicle, receiving stolen property and driving on a revoked license DUI-related (third offense).

Karen J. Wilson, born 1966, of Hurricane, breaking and entering, destruction of property and petit larceny.

Justin L. Winthrow, born 1983, of Eleanor, daytime burglary (2), petit larceny and grand larceny.

William F. Womack II, born 1979, of Hurricane, grand larceny, attempt to commit grand larceny, and driving on a suspended license.

Morrisey joins antitrust suit against Mylan, other drug companies

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By Jake Zuckerman

The West Virginia attorney general joined a multistate lawsuit alleging antitrust violations against six generic drug manufacturers.

According to a news release sent from his office Monday, Patrick Morrisey filed a companion case with the state of Connecticut's lawsuit against Aurobindo Pharma USA, Citron Pharma, Heritage Pharmaceuticals, Mayne Pharma, Mylan Pharmaceuticals and Teva Pharmaceuticals.

According to the complaint, filed in the U.S. District Court of Connecticut, Connecticut's ongoing, non-public investigation into price increases for certain generic pharmaceuticals, "uncovered evidence of a broad, well-coordinated and long-running series of schemes to fix the prices and allocate markets for a number of generic pharmaceuticals in the United States."

In the release, Morrisey said the allegations, if true, harm consumers.

"Failure to comply with antitrust laws hurts consumers and drives up prices," he said. "The allegations raised in this lawsuit are troubling and will be pursued vigorously in court."

Along with West Virginia, Arkansas, Washington D.C., Missouri and New Mexico are signed on to the companion case.

The complaint alleges the pharmaceutical companies engaged in practices and conspiracies that artificially inflated prices of doxycycline hyclate delayed release and glyburide in the U.S. It states the defendants conspired to fix prices and pre-determine market shares and customer bases, and deliberately concealed their communications while doing so.

The complaint states drug manufacturers have said in the past that price increases have been the result of industry consolidation, FDA-mandated plant closures or elimination of unprofitable generic drug product lines. However, Connecticut's investigation allegedly revealed deliberate collusion among the generic drug providers.

"When entering a generic drug market, Heritage and other Defendants routinely sought out their competitors in an effort to reach agreement to allocate market share, maintain high prices and/or avoid competing on price," the complaint states. "These agreements had the effect of artificially maintaining high prices for a large number of generic drugs and creating an appearance of competition when in fact none existed."

Doxycycline hyclate delayed release, known by the brand name Doryx, is an antibacterial drug.

The second generic drug in question, glyburide, known by brand names DiaBeta or Micronase, is used in medications to control blood sugar levels for people diagnosed with Type 2 diabetes.

The complaint also alleges the defendants were aware their actions were illegal and worked to conceal their conversations.

Connecticut Attorney General George Jepsen announced his suit against the companies in December 2016.

The suit is not Morrisey's first legal action against Mylan. In 2016, he launched a Medicaid fraud investigation on the company due to sharp price increases of its EpiPen auto-injectors.

Mylan's chief executive officer, Heather Bresch, is the daughter of U.S. Sen. Joe Manchin, D-W.Va. Morrisey announced his candidacy for the senate seat held by Manchin last week.

Mylan has contributed thousands of dollars to Manchin's campaigns since 2010. The company's controversy has become a common attack target from conservatives hoping to unseat Manchin.

Jon Kott, a spokesman for Manchin, declined to comment on the lawsuit.

Press teams from each of the respective defendant companies could not be reached for comment.

Reach Jake Zuckerman at jake.zuckerman@wvgazettemail.com, 304-348-4814 or @jake_zuckerman on Twitter.

Monongalia County Commission president cited for DUI over weekend

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By Staff reports

Authorities charged a county commissioner with driving under the influence of alcohol over the weekend.

Ed Hawkins, president of the Monongalia County Commission, crashed his car into a guardrail on Sunday night, according to a criminal complaint filed in Monongalia Magistrate Court.

A Monongalia sheriff's deputy responded to the crash on Cheat Road, in the area near Tyrone Road and Cheat Lake.

The deputy smelled alcohol and noticed Hawkins' bloodshot eyes, according to the complaint.

Hawkins, the complaint states, said he drank two glasses of wine about an hour before the crash.

Authorities arrested Hawkins on charges of DUI and speeding. He then refused several breath tests after his arrest, according to the complaint.

Magistrate Darris Summers arraigned Hawkins and released him on a personal recognizance bond Monday morning. He did not respond to a request for comment.

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

Cable firms sue over WV broadband law, say co-ops could cause outages

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By Eric Eyre

West Virginia's largest cable companies have filed a lawsuit against Gov. Jim Justice and Attorney General Patrick Morrisey, alleging that a new state law could ultimately cause internet service outages at customers' homes and businesses.

The state Cable Telecommunications Association is challenging new rules designed to make it easier for startup internet firms to secure access to utility poles. The cable companies don't want competitors meddling with their equipment housed atop the poles.

About 400,000 West Virginians have telephone and internet service through cable providers.

"There could be significant damage to equipment and to customer relationships and outages and things of that sort when you have circumstances where there are no limitations at all on competitors moving other competitors' equipment around," said Mark Polen, spokesman for the cable group.

The companies say the new law allows the smaller internet companies to hire private contractors and rearrange existing equipment atop utility poles without permission.

Federal rules already dictate how telecommunication companies share and access equipment on utility poles, according to the lawsuit. The new state law conflicts with longstanding federal law, the cable group alleges. The lawsuit characterizes the state law as "invalid" and "unconstitutional."

Frontier Communications, the state's largest internet provider, filed a lawsuit with the same allegations last week.

Earlier this year, Frontier and the cable companies lobbied against the pole access changes - part of a broadband expansion measure (House Bill 3093) - but state lawmakers passed the legislation during this year's session, and Justice signed it into law.

The Federal Communications Commission has been reviewing pole-access rules for months.

"During the legislative session, we encouraged that the pole attachment provisions not be included in the bill, primarily because the FCC was undergoing an extensive review of these rules," Polen said. "We thought it was premature for the state to deal with the topic."

Most of the state's utility poles are owned by Frontier, First Energy and American Electric Power.

Federal rules now give existing providers 60 days to rearrange equipment atop poles before competitors can start installing their own equipment.

Under the state's new procedures, Suddenlink and other large cable companies predict that startup firms - and their inexperienced subcontractors - will damage existing equipment, forcing the larger internet providers to spend "millions of dollars" on repairs.

The cable companies aren't challenging other measures in the comprehensive broadband law.

For instance, the new law allows up to 20 families or businesses to form nonprofit co-ops that provide broadband service in areas shunned by internet providers. The law authorizes up to three cities or counties to band together and build broadband networks.

The bill's supporters predict increased competition will lead to faster internet speeds and lower prices for consumers.

The broadband legislation also authorizes the state to back loans to smaller internet providers that want to bring broadband service to rural areas.

The firms would be eligible for loan guarantees of up to $10 million. The West Virginia Economic Development Authority would administer the program. The loan guarantees would be available only for projects designed to bring high-speed internet to areas with no existing broadband service.

The cable industry's lawsuit names Justice and Morrisey as defendants because the governor "executes" state laws, while the attorney general represents the state in legal matters, according to the complaint.

Spokesmen for Justice and Morrisey could not be reached for comment Monday.

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

Young boys drive, crash mother's car in Putnam County

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By Staff reports

On a mission to visit their father, two children left with their mother's car in Red House and then crashed into an embankment on Monday morning, police said.

The boys, ages 2 and 5, navigated a silver Ford Focus before the older brother lost control after 3 miles, Putnam County Sheriff Steve Deweese wrote in an email.

A resident on Grandview Ridge Road reported the crash at about 10:20 a.m. Though neither boy suffered serious injuries, both received care at the hospital, Deweese wrote.

The Putnam County Sheriff's Department is working with Child Protective Services to review the incident. No charges were filed as of Tuesday morning.

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

Kanawha murder case ends in mistrial for second time

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By Giuseppe Sabella

For the second time, Tremaine Jackson's murder trial has ended without a jury reaching a verdict.

On Tuesday afternoon, jurors told Kanawha Circuit Judge Charles King that after four days of deliberation, they could not decide if Jackson should be convicted of killing Bryan Rogers on Charleston's West Side in December 2015.

As he declared the mistrial, King cited a "helplessly deadlocked" jury.

"They could continue to deliberate and it would just be a waste of time," the judge said.

Jackson's first trial on the murder charge, in September 2016, ended after a juror went to the murder scene on her own and described what she found to her fellow jurors. That juror, Taniqra Payne, received two years' probation after Kanawha Circuit Judge Duke Bloom suspended a jail sentence.

In a police interview after the shooting, Jackson allegedly said Rogers stole his heroin, and that he planned to shoot Rogers when they crossed paths.

According to his statement to police, Jackson said he killed Rogers on Dec. 27, 2015, near Littlepage Terrace. However, Jackson's attorney's said investigators coerced him into making a confession.

In a previous hearing, a defense lawyer said Jackson did heroin on three consecutive days before the police interview.

Jackson at first denied the accusations during a three-hour interview. Police claimed to have nonexistent video footage of the crime, and Jackson later said he shot Rogers.

Daniel Holt, a fellow inmate at South Central Regional Jail in 2016, said Jackson told him about the shooting.

Jackson said he "busted [Rogers'] melon," Holt said in a previous hearing.

However, Jackson continually denied such claims in court. He said he was outside a funeral home instead of the alleyway where Rogers was killed.

After King declared the second mistrial, Jackson's lawyer, Robby Long, asked that the judge allow Jackson to be released on a $50,000 property bond. The judge refused, noting that the first mistrial came because of juror misconduct and not on the merits of the case.

Jackson seemed to be in good spirits as he left King's courtroom Tuesday and addressed a family member.

"I love you," he said to the woman. "Kiss my daughter for me."

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

WV woman cut multiple times by boat propeller in MD incident

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By The Associated Press

OCEAN CITY, Md. (AP) - Maryland Natural Resources police say a 22-year-old West Virginia woman was injured after falling off a rented pontoon boat in Assawoman Bay.

Local news outlets report that Alexa Delatorre was treated at a Salisbury hospital for deep cuts to her back, legs and right foot. Police say the boat's propeller struck her multiple times after she fell into the water on Saturday.

According to police, Delatorre was one of six Pennsylvania and West Virginia women on the boat between 21 and 25-years-old.

Witnesses say Delatorre lost her footing while dancing on the deck, then fell over a railing and between the boat's pontoons. One of the women had jumped in and pulled Delatorre to safety.

Police say the boat's operator passed field sobriety tests.

No charges have been filed.


Murray mine maintenance chief admits faking safety record

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By Ken Ward Jr.

A maintenance chief at one of Murray Energy's underground coal mines has admitted he made false statements in mine safety records, according to court records.

Daniel L. Couch Jr. pleaded guilty to one criminal count in a deal with prosecutors, according to the records from the U.S. District Court for the Western District of Kentucky.

Couch admitted that he made the false statements on mine examination records for electrical equipment at the KenAmerican Resources Paradise No. 9 Mine in Muhlenberg County, Kentucky. The operation is controlled by Robert E. Murray, who is president and CEO of Murray Energy, according to U.S. Mine Safety and Health Administration records.

In an emailed statement, Murray Energy spokesman Gary Broadbent said this morning, "KenAmerican Resources, Inc. is aware of this matter and has taken appropriate action to address it. We have no further comment at this time."

Couch faces up to five years in prison, a maximum fine of $250,000, and a three-year term of supervised release. He entered his guilty plea last week during a hearing before Chief Judge Joseph H. McKinley Jr. in Owensboro, Kentucky.

A federal grand jury indicted Couch in February, alleging two counts of making false statements on records required to be maintained under the federal mine safety law. Under the law, all electrical equipment must be frequently examined, tested and properly maintained, and a record of examinations of such equipment must be maintained and made available to MSHA inspectors.

The indictment alleged that on or about May 17, 2016, an MSHA inspector checked the record book in which fire suppression examinations by the mine operator are required to be recorded. The book in question involved an area of the mine, identified as "coal seam 11," that contained seven separate conveyor belt drives.

At the time of that inspection, the book "revealed that no fire suppression checks had occurred for the week of May 1 though May 7, 2016."

On or about May 19, 2016, the MSHA inspector returned to the Paradise No. 9 Mine and re-examined the record book for inspections, and found that it now "revealed that the aforesaid belt drives had been examined on May 7, 2016" by Couch and that "no hazards had been found."

The indictment alleged that on or about May 17, 2016, Couch "did knowingly make a false statement in a record required to be maintained at a coal mine, that is, that an examination of electrical equipment had occurred on the belt drive of coal seam 11 at Paradise No. 9 Mine, between May 1 and May 7, 2016, when in fact it had not."

The indictment also alleged that Couch lied to an MSHA inspector on May 19 by saying he had examined the electrical equipment on the belt drive on May 7, 2016, when in fact he "had not been underground at the mine on that date and had not conducted said inspection."

In the plea agreement, Couch pleaded guilty to the first count of the indictment, which alleged he made a false statement in the electrical examination book. He is scheduled to be sentenced on Oct. 17.

Court records say that Couch "was chief of maintenance" at the mine. Murray's spokesman declined to confirm Couch's status with the company, saying he couldn't comment beyond the prepared statement.

Reach Ken Ward Jr. at kward@wvgazettemail.com, 304-348-1702 or follow @kenwardjr on Twitter.

Charleston police sergeant aims for better protection against rifles

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By Giuseppe Sabella

Sgt. Chris Johnson's career started with a trip to his local military surplus store in 1995.

He became a police officer in Chesapeake, and then bought a Vietnam-era flak jacket for his new job.

Johnson is now a commander for the Training Division of the Charleston Police Department. He said several officers purchased their own body armor in recent years, specifically when it comes to protection against rifles.

Monday evening, City Council members approved the purchase of about $114,000 in vests, bullet-resistant plates, equipment pouches and medical trauma supplies for the department.

The decision came - coincidentally - on the one-year anniversary of a shooting in Baton Rouge, Louisiana.

A man armed himself with a rifle and then ambushed police on July 17, 2016, killing three officers and wounding three others.

Johnson said police departments across the country are starting to consider rifle-rated body armor for their patrol officers.

"If they would have had that type of armor, they could have stopped before they got close to the scene, put that rifle protection on and, who knows, it may have made a difference," he said.

Johnson began to consider stronger body armor after another tragedy, in Dallas, where a rifle-wielding man killed five officers and wounded seven others.

In a test reminiscent of the show "MythBusters," Johnson and his co-workers recently pushed a series of bullet-resistant plates to the their limits. When in use by an officer, the plates are held by a vest.

The team clamped rifles to a table and then fired them with the pull of a 100-foot paracord.

A nearby chronograph measured the speed of each bullet, and a ballistic shield protected the officers from shrapnel.

Ballistic standards from the National Institute of Justice require all body armor to stop a bullet fired from 50 feet away.

Johnson said most police officers find themselves within about 20 feet of their attacker. With the worst-case scenario in mind, his team shot the plates from a distance of 15 feet.

"Some plates didn't hold up," Johnson said. "I'm sure they probably would have at the testing levels of NIJ standards, but not our standards."

Five companies sent the department free sample plates, and Johnson said one company has reigned supreme, thus far.

Whereas certain bullets ripped through other products, the same bullets left only a small dent in plates from the company HighCom Security Inc.

"We even tested Level 4 plates, which is the highest level of protection and what we have now, or what we're getting now; it surpassed that," Johnson said.

Still, Johnson had a few suggestions for HighCom. He spoke with the company's president in the evening, and a new prototype arrived by mail the following day.

Johnson's main concern was spall, a word for the shrapnel created when a bullet impacts an object - such as the metal plates.

"When the bullet hits the metal, it fragments," he said, "and those fragments are high-velocity little shards of metal, just like a grenade."

The company again sent Johnson several prototypes, after another round of tests and suggestions.

He said the result is a plate that could meet his department's high standards for the new armor.

Mike Bundy, the president and chief operating officer of HighCom, said Johnson's tests are gaining attention at law enforcement agencies in West Virginia and surrounding states.

Bundy said Johnson's input helped his company create a final product that officers in Charleston can wear with confidence.

"Although we're a for-profit entity, our No. 1 focus is protection," he said. "We build a lifesaving product, so we really try to work hard with our partners to deliver a solution as quickly as we can."

HighCom, a name that reflects the term "high command," started 20 years ago in the Bay Area of California.

Bundy said the company sells body armor to customers throughout the world. Its main operations are now based in Columbus, Ohio.

Although sales of rifle protection has remained steady, he said, the demand from law enforcement has increased up to 30 percent in recent years.

When Johnson purchased body armor in 1995, he showed the same concern his fellow officers have felt for decades.

Now, Bundy said, falling prices and evolving technology make stronger body armor an option for entire agencies, not just SWAT teams.

"In the last two to three years," he said, "we've seen a major increase in demand for this type of protection, and rightfully so."

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

WV reviewing Quarrier Diner parolee-manager West's release

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By Maria Young

Before releasing him, members of the West Virginia Parole Board should have been given more information about George Martin West, the former prison inmate and ex-parolee now at the center of the abrupt closing of Charleston's historic Quarrier Diner, a state government spokesman said Wednesday.

"The Parole Board should have been a provided with a more complete picture of Mr. West's case when it was asked to consider discharging him from parole," Lawrence Messina, director of communications for the West Virginia Department of Military Affairs and Public Safety, said in an email to the Gazette-Mail.

"Specifically, the board should have been notified that Mr. West had allegedly bounced a pair of $2,500 checks, that these allegations prompted the filing of misdemeanor criminal charges, and that Mr. West appeared in Kanawha County Magistrate Court to answer the resulting warrant," Messina wrote.

The Division of Corrections and its Office of Parole Services are reviewing the handling of the West case, he said.

The criminal charges stem from an event that occurred while West was still on supervised parole following a conviction and prison term for fraudulent schemes in Huntington.

A warrant was issued for his arrest after a Jan. 14 performance by "American Idol" finalist Bucky Covington at Timothy's, the bar located beneath the Charleston diner. Two checks, totaling $5,000, for the performance were returned days later, according to Rick Modesitt, president of the Parkersburg-based entertainment firm that booked the performance. A related warrant for West's arrest was issued in Wood County on Feb. 23, and Modesitt said he placed a call to West's parole officer on March 1.

"I contacted his parole officer in Huntington, while he was still on supervised parole," said Modesitt.

The officer, Modesitt said, told him West had receipts showing that he had paid the amount due.

"I said, 'Well, he didn't pay me.' He said, 'Well, I'll ask him for the receipt,' and I never heard from him again," Modesitt said.

Frustrated, Modesitt wrote to members of the parole board on April 24, telling them, "I am writing to you regarding a parolee by the name of George West who is apparently continuing his criminal behavior after being released."

The letter came too late. West was released from parole on March 15, 2017.

"I know how the system is supposed to work. This was a complete breakdown in protection of victims," Modesitt said.

"How was he free?" asked Anna Pollitt, who owns the diner and bar with her husband, Dave, and leased the businesses to West.

Pollitt said she was not aware of West's March arrest or the two checks allegedly written on a closed account to pay for the Covington performance.

"If he was still on parole, there is no excuse for him to not be put back in jail and be held responsible," she said. "He was charged with the same sort of thing he went to jail for in the first place. So why on earth would he not be kept?

"A lot of this wouldn't have happened had he just been stopped back then," she said, referring to the long list of unpaid bills and former employees who say they were not paid for several weeks before the diner closed at the end of June.

In its email, the Division of Corrections did not respond to a question about why West was granted parole after having only paid a fraction of his court-ordered restitution from the Huntington case. In a Nov. 22 email to the newspaper, Messina wrote, "Parole Services maintains the position that the Parole Board not discharge this offender until all restitution is paid."

Restitution totaled $36,000. Court records show that payments to the four victims began 10 months into West's parole and two days after the Gazette-Mail contacted his parole officer, in October 2016. The last payments were received March 8, for a total of $3,500, according to Cabell County Circuit Court records and interviews with the victims.

"We weren't shocked, I have to tell you that. He comes across as such a refined, good person that people are very, very easily sucked in and fooled by this man," said Leanna Taylor, one of the four victims.

"He belongs in jail, is where he belongs," said her mother, Betty Elliott, who said she lost more than $30,000 to West.

"I appreciate the division conducting a review," Modesitt said, "because it is a broken system, the way it's working now."

Reach Maria Young at maria.young@wvgazettemail.com, 304-348-5115 or follow @mariapyoung on Twitter.

Police investigating after state employee's vehicle struck by bullet

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By Staff reports

Capitol police are investigating after a state employee's parked vehicle was struck Wednesday morning by a bullet.

Police responded at about 10:45 a.m. to a report of suspected gunfire near the state Capitol Complex parking garage and nearby Laidley Field, according to a Department of Military Affairs and Public Safety spokesman.

Upon further investigation, police found a damaged unoccupied vehicle parked on the ground floor of the garage. The car was parked near the Piedmont Road side of the garage, the spokesman said.

Capitol police contacted the Charleston Police Department regarding the incident, the spokesman said.

The investigation is ongoing and additional details were not available Wednesday evening.

West Virginia man receives 230 to 735 years for sex crimes

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By The Associated Press

FAIRMONT, W.Va. (AP) - A West Virginia man convicted of more than 140 counts of sex crimes against children has been sentenced.

The Times West Virginian reports 42-year-old Iran Glover was sentenced Tuesday to 230 to 735 years in prison. On May 1, Glover was convicted of 143 sex crimes that include sexual assault and sexual abuse by a parent, guardian or caregiver.

The crimes involved five children, four under the age of 12 and one under the age of 18.

Judge Patrick Wilson says the court believes the five children in this case should be treated as individual victims.

Glover expressed that he hadn't received a fair trial and that his counsel had inadequately represented him. Glover's post-trial attorney Scott Slough says his client wants to appeal the conviction.

Pair hospitalized after incident on Kanawha River

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By Staff reports

Two men were taken to area hospitals after authorities responded to an incident on the Kanawha River at the Patrick Street Bridge around 4:30 p.m. Thursday.

Authorities confirmed drug use by the two men, according to Capt. Robert Mace of the Charleston Fire Department.

When authorities responded, one man was in the water. Mace said the man most likely overdosed and fell in the water. He had to be brought to shore by authorities.

The other man was unresponsive on the riverbank in respiratory arrest, Mace said. Both were alive when rushed to their respective hospitals, one to Thomas Memorial Hospital in South Charleston and the other to Charleston Area Medical Center's General Hospital in downtown Charleston.

Authorities are not releasing the names of the men at this time.

Kanawha prosecutors will handle Yeager criminal investigation

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By Lori Kersey

The Kanawha County prosecutor's office will investigate the allegations that a former magistrate embezzled money from the West Virginia Magistrate Association.

Magistrate Julie Yeager resigned Thursday, a day after State Supreme Court Administrator Gary Johnson filed a complaint accusing her of stealing at least $14,000 from the West Virginia Magistrate Association, for which she served as treasurer.

The Supreme Court referred the criminal investigation to the prosecuting attorney's office, assistant prosecutor Don Morris said Friday. Morris noted that Yeager is presumed innocent until proven guilty. He said he does not perceive any conflict of interest with his office investigating a long-time magistrate.

Yeager has not been criminally charged. A report from Judicial Disciplinary Counsel Teresa Tarr says that, in her opinion, Yeager committed felony embezzlement and felony falsifying assets. Yeager has not returned calls seeking comment.

Had she not resigned, the state Supreme Court would have suspended her without pay, the court wrote in an order Thursday.

The magistrate association was tipped off to the alleged embezzlement after realizing that its bank account was overdrawn, the report says. Yeager reportedly admitted to an association official that she took the money because "the past two years had been rough on her," and she needed it, the report says.

Yeager had been a Kanawha magistrate since 2004 and had not been the subject of judicial discipline before now, according to a report from the Judicial Disciplinary Counsel.

Yeager had been in charge of the Kanawha County Domestic Violence Court, which was disbanded earlier this year by order of the Supreme Court after it received complaints about the program. The court had been put in place more than five years ago as a way to monitor domestic violence cases more closely.

She was last re-elected in 2016, when she beat out magistrate assistant Melanie Rucker, with 17,727 votes to Rucker's 15,444.

Appointing a replacement magistrate is the responsibility of the local chief judge, which is Circuit Judge Jennifer Bailey, a spokeswoman for the state Supreme Court said Friday. Bailey could not be reached Friday.

Reach Lori Kersey @lori.kersey@wvgazettemail.com, 304-348-1240 or follow @LoriKerseyWV on Twitter.


Police arrest man accused in failed South Hills break-ins, auto thefts

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By Giuseppe Sabella

A man allegedly staked out two homes in Charleston's South Hills area before police said they found him with drugs and stolen property.

The first homeowner called police at about 3 a.m. on Friday when he realized someone had trespassed on his property, according to a criminal complaint.

John Brown Jr., 45, first shined a flashlight through windows at the man's home on Grosscup Road, according to the complaint.

He then walked to a home across the street, owned by the man's parents, the complaint states.

Flashlight in hand, the complaint states, Brown again looked through windows before he tried to open a door.

Surveillance cameras recorded video of Brown at both homes, according to the complaint.

Charleston police officers later found him in the back parking lot of St. John's Episcopal Church on Quarrier Street.

According to the complaint, Brown had 4 grams of methamphetamine and stolen property from a car in South Hills.

Brown also had another man's identification card, the complaint states. Someone broke into the man's car and recently used his debit card.

Police then reviewed surveillance footage from a Go-Mart in the 700 block of Bigley Avenue.

A camera recorded Brown in the store, where he used the man's debit card to buy about $113 in goods, the complaint states.

Authorities arrested Brown on charges of fraud, possession with intent to deliver and receiving or transferring stolen goods.

Police also charged him with two counts of burglary. Kanawha Magistrate Brent Hall set Brown's bail at $25,000.

"It is highly likely Brown will have more charges brought against him once Charleston police detectives finish their investigation," Sgt. James Hunt wrote in an email.

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

On file: July 23, 2017

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Marriages

The following people filed for marriage licenses in Kanawha County between July 13 and 20, 2017:

Carl Cliffert Foster, 41, and Kerry Kristie Harvey, 46, both of Charleston.

Richard James Symns, 23, and Zhane Diamond Watson, 21, both of St. Albans.

Jon Thomas Baldwin, 40, of Morgantown and Amy Nicole Riser, 36, of South Charleston.

Eric Henry Weiss, 27, and Lesley Erin Taylor, 27, both of Cross Lanes.

Tyler Drew Miller, 38, and Goldie Marie Hurley, 31, both of Cross Lanes.

James Francis Linsenmeyer, 63, and Donna Lynn Moore, 55, both of Charleston.

Joseph Leotis Davis, 37, and Savannah Odessa Bobo, 33, both of Cross Lanes.

John Wayne Casto, 61, and Jo Ann Wilson, 65, both of Sissonville.

Daniel Stirling Carney, 47, of Charleston and Lisa Michelle Rice, 48, of Tornado.

Jay Cox III, 41, and Jessica Leah Sanson, 28, both of St. Albans.

Jason Christopher Elzy, 45, and Debra Lynn Miller, 44, both of Charleston.

Leighton Alester Lynch Richards, 24, and Marsha Gaye Cain, 32, both of Charleston.

Junior Lee Garnes, 51, and Anastasia Jane Bitner, 25, both of Sissonville.

Corey Eugene Evans, 26, and Tiffany Nicole Clark, 25, both of Winifrede.

Lane Lamont Lanham II, 40, and Sarah Lynn Young, 35, both of Charleston.

Cameron Forrest Cline, 23, and Bria Leigh Washington, 21, both of Mammoth.

Patrick Lee Counts, 24, of Elkview and Kristen Nichole Williams, 22, of Comfort.

Timothy Josiah Richardson, 23, of Nitro and Olivia Grace Hawley, 22, of Poca.

Danny Lee Stickler, 71, and Melissa Robinson, 51, both of Charleston.

Justin Tyler Bailey, 21, and Courtney Nicole Elswick, 19, both of Charleston.

Kevin Lee Hale, 50, and Malinda Rae Jarrett, 42, both of Dunbar.

Timothy Wayne White, 47, and Katrina Marie Riddle, 45, both of Cross Lanes.

James Dennis Byrd, 33, and Hunter Marie Armstead, 23, both of Nitro.

Caleb Robert Ceney, 23, of Cross Lanes and Autumn Rose Beach, 21, of St. Albans.

Eric Evan Crockett, 30, of Dunbar and Sabrina Lyne Beeler, 24, of Huntington.

The following people filed for marriages licenses in Putnam County between July 14 and 20, 2017.

Gary Russell McCallister, 60, of Poca, and Angela Faye Reedy, 39, of St. Albans.

Jeremiah Cole Cude, 18, of Hurricane, and Rachel Elizabeth Denning, 20, of Ronceverte.

Christopher John Morris, 31, and Candace Brianna Adkins, 27, both of Pliny.

Stefan lee Carroll, 21, and Michaela Raine Romero, 18, both of Culloden.

Divorces

The following people filed for divorce in Kanawha County between July 13 and 20, 2017:

Abigail H. Merchant from Benjamin A. Merchant

Lonnie A. Vanscoy from Meghan Rose Vanscoy

Sarah M. Melton from Nathan G. Melton

Kristen Naylor from Adam Joseph Hamilton

Ashley Dawn Skeens from Lloyd Donald Skeens III

Hollie C. Pittman from Michael L. Pittman

Kelsey Morgan Ashby from Jordan Edward Ashby

John David White from Katheryn Ann White

Janine M. Estep from Michael C. Estep

Michael Lee Richard from Elizabeth Ann Richard

Jonathan Wyatt Anderson from Amanda Lee Anderson

Kenneth Starcher from Melissa Starcher

Carla Lou Jones from Robert Allen Jones Jr.

Melissa S. Fisher from Chad M. Fisher

Sabine Martina Meadows from Robert Nathan Meadows

Property Transfers

The following property transfers of $75,000 or more were recorded in Kanawha County between July 13 and 20, 2017:

Martha S. Phillips to Chris and Jessica Eastridge. Lot, Charleston, $205,000.

Ryan N. and Emma K. Rexroad to Brandon Lee Killian and Sarah J. Medas. Lot, St. Albans, $102,000.

Joel and Erica Mullins to Julie I. Dockham and Tiffany L. Piehler. Lot, St. Albans, $133,500.

Richard Jr. and Elisha Holleron to Jonathan E. Anthony and Tania Victoria Reyes Ramirez. Lot, Charleston, $115,000.

Stephen D. Henry to David A. Jr. and Rebecca Dendler. Lot, Charleston South Annex, $195,000.

Wood Properties LLC to DMACH Leasing LLC. Lots, South Charleston, $125,000.

Pamela Jean Clark to John W. Metzger. Lot, Elk District, $150,000.

Harold Selinger to Walter McManamay and Matthew Fink. Parcel, Loudon District, $280,000.

Andrew T. and Erica D. Gunnoe to Sharon Sodaro Lunsford. Lot, Loudon District, $275,000.

Trevor J. Derderian to Michael J. Resha. Lot, Charleston, $410,000.

J. Patrick Jones to Branch Banking and Trust Company. Parcels, Poca District, $147,087. 50.

J. Patrick Jones to Branch Banking and Trust Company. Lot, St. Albans, $120,191.50.

C. Nicholas Veazey to Larry A. Moles. Lot, Malden District, $76,000.

Steven D. Atwood to Samantha Walker. Lot, Union District, $90,000.

Tonya G. Buck to Allen Grandstaff. Lot, Jefferson District, $85,000.

Andrew M. Burck to David P. Cyrus. Lot, Loudon District, 153,000.

Trademark Investments LLC to Kyle L. Snyder. Lot, Loudon District, 240,000.

Shanna E. Mullins to Timothy A. and Wanda J. White. Lot, Dunbar, $87,900.

Daryle E. and Robin L. Anderson to AAFAB LLC. Lots, Loudon District, $100,000.

Cheryl L. Davis to QREW LLC. Lot, Charleston, $195,000.

Michael and Drema K. Davis to Joshua L. and Elizabeth A. Blake. Lots, Union District, $140,000.

Frank C. and Joan C. Baldwin to Kuhns Properties LLC. Lots, South Charleston District, $222,500.

Brandon S. Steele to Megan Corpus and Charles N. Veazey. Parcels, Loudon District, $211,000.

Alex Wiley and Julie Annette Alston to Sean W. and Heather R. O'Leary. Lots, Charleston South Annex District, $260,000.

Bobbie Jo Boggs to Koby Lee. Lot, Union District, $120,000.

Kelsey Paige Colvard to Xi Shan Wu. Lots, Loudon District, $133,080.

Steven C. Thompson, Donald K. Thompson and Diane M. Shott to Stanton W. Jr. and Katherine M. Kay. Lot, Loudon District, $145,000.

Carl Leo and Lisa Stamm to Justin and Jennifer Cook. Lots, St. Albans, $82,500.

Thomas R. II and Kristin C. Moody to Andrew P. Brenner. Lot, South Charleston, $164,500.

Randall L. and Shirley J. Fisher to Hannah Lynn Potter. Lots, Poca District, $120,000.

Rhiannon Turley to John P. McDonough. Condominium, Charleston East District, $142,500.

Rajan and Jayashree Radhakrishnan to Rarween Hamid Qazi and Abdul H. Qazi. Lot, Charleston, $200,000.

Tommy L. Stamper and Paula F. Slack to William E. Richards. Lot, East Bank, $215,000.

The following property transfers of more than $75,000 were recorded in Putnam County between July 14 and 20, 2017.

Jonathan and Amanda Anderson to Shemeka and Carlos D. Rodgers. Lot, Scott District, $302,000.

Michael E. Mowry to Kathy A. and Cecil W. Melton. Lot, Scott District, $158,800.

Allen and Monique Tackett to Christopher D. Smith and Ashley B. Bsharah. Lot, Curry District, $189,000.

Nathan S. and Chera N. Gainer to Toyota Housing Service USA Inc. Lot, Teays Valley, $240,000.

Diana R. Whitwer to Matthew L. and Eliza J. Davis. Lot, Scott District, $230,500.

Rita L. Fisher to Allen and Monique Tackett.Lot, Hurricane, $297,000.

Joseph M. and Petra L. Newkirk to Joseph w. Wagner. Lot, Scott District, $172,000.

Amanda K. Holyman to Ryan N. and Emma K. Rexroad. Lot, Teays Valley, $217,500.

A&M Properties and Investments LLC and Montani Properties LLC to Ryan S. and Chanel J. Staffa. Tract, Scott District, $151,500.

Michael and Joan Hathaway to Bryan C. and Lara G. England. Lot, Winfield, $195,000.

Merilynn Kay Preston and Scott Wood to Stephen and Amanda Schirtzinger and Amanda Gibson. Lot, Winfield, $156,900.

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 July 14 and 21, 2017:

Donnie Stephen Crum, Summersville, Chapter 7. Assets: $71,615.39, Liabilities: $232,892.

William Michael Melton, St. Albans, Chapter 7. Assets: $118,045, Liabilities: $138,124.

Alan Francis and Jane McCartney, South Charleston, Chapter 7. Assets: $556,453, Liabilities: $784,000.

Michael Lynn Boggs, Charleston, Chapter 7. Assets: $36,871, Liabilities: $417,995.

Paul Andrew and Angela Marie Evans, Amherstdale, Chapter 7. Assets: $92,100, Liabilities: $143,392 .

Velma Jean Gentry, Matewan, Chapter 7. Assets: $12,653, Liabilities: $62,583.

Charles Anthony Jr. and Twila Jane Hazard, Asbury, Chapter 7. Assets: $137,533, Liabilities: $132,086.

Jill Elizabeth Wood, Crab Orchard, Chapter 7. Assets: $121,011, Liabilities: $290,566.

Lloyd Edward and Kimberly Annette Baldwin, Mount Hope, Chapter 7. Assets: $72,004, Liabilities: $59,699.

Brandon Scott Boone, Hinton, Chapter 7. Assets: $49,323, Liabilities: $78,626.

Nathan Ryan Kirk, Hines, Chapter 7. Assets: $18,163, Liabilities: $28,875.

Patricia Jane Bolen, Beaver, Chapter 7. Assets: $31,607, Liabilities: $47,113.

Kenneth Matthew Silvas, St. Albans, Chapter 13. Assets: $137,532, Liabilities: $132,086.

Aaron Todd and Rebecca Lynn Price, Chapmanville, Chapter 13. Assets: $308,266, Liabilities: $492,435.

Bicyclists dies after being hit by car in South Charleston

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A bicyclist was struck by a car in South Charleston late Saturday evening and died shortly after, police said.

Emergency officials said a car struck a woman in the 5300 block of MacCorkle Avenue around midnight Saturday.

The woman was alive when officials first arrived on the scene, according to William Horton, the assistant chief of the South Charleston Fire Department. She was taken to Charleston Area Medical Center by ambulance where she later died, Horton said.

Additional details, including the woman's name, were not immediately available.

The South Charleston Police Department is investigating the incident.

Charleston company back in trial after summons sent to wrong business

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By Kayla Asbury

A Charleston property company being sued by a Cross Lanes couple has been allowed back in a trial after a clerical error caused court summons to be served to a defunct business.

Court summons were sent to PD Enterprises, the defunct business, based in Chesapeake, leading to a default judgment by U.S. District Judge Joseph R. Goodwin.

P.D. Enterprises, which is involved in the lawsuit, is based in Charleston.

The president of P.D. Enterprises, Robert P. Howell, was not aware of the lawsuit until he read a July 7 Gazette-Mail article that discussed the default, according to court documents.

The default judgment was reversed July 17.

P.D. Enterprises is being sued by Jerry and Elizabeth Martin for purchasing and selling a tax lien on their property after the Martins did not pay their taxes in 2011 and 2012.

On Wednesday, the Martins and their attorney, Bren Pomponio, responded to Kanawha County Clerk Vera J. McCormick's motion to dismiss the suit because of a legal technicality, stating she was not properly served court summons.

The response states McCormick was personally delivered a copy of the complaint and summons July 10.

The Martins are suing McCormick, P.D. Enterprises Inc. and Paige-Hunter Properties Inc. after they did not receive notice of their property taxes in 2011 or 2012 after their address changed due to a county-wide addressing system put into place by 911 and emergency services.

The Martins' taxes were delinquent $561.53, and a tax lien on their property was sold to P.D. Enterprises for $1,800 in 2012.

On April 28, 2014, P.D. Enterprises sold the property to Paige-Hunter Properties.

Notices were sent to the Martins' old address and were returned by the postal service.

The Martins first received notice their home had been sold in August 2016, when they attempted to pay their property taxes.

In May 2017, Hobert Aliff Jr., owner of Paige-Hunter Properties, went to the Martins' home and informed them the business had purchased their property, had it appraised for $71,000 and said the Martins would have to "pay a substantial percentage" of that value to regain their property.

The complaint states Aliff and the business "have a history of obtaining windfalls purchasing tax liens and, on information and belief, selling them back to the property owner or a third party for a substantial percentage of the actual value of the property."

It lists 26 occasions where Paige-Hunter Properties allegedly purchased tax liens and attempted to sell them to property owners at a "significant percentage of its fair market value."

Aliff and Paige-Hunter Properties did not respond to the complaint and received a default judgment from Goodwin.

The property companies are being sued for deprivation of property and slander of title. McCormick is accused of knowingly selling void tax deeds.

The Martins are suing on their own behalf and on behalf of those similarly situated to them. They are seeking damages, attorney fees and for the court to void the deed for their home.

Reach Kayla Asbury at

kayla.asbury@wvgazettemail.com, 304-348-3051 or follow

@kasbury_ on Twitter.

Lawsuit settled against Mingo officials over allegedly forced plea

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By Kayla Asbury

A man who sued several former Mingo County officials, alleging they forced him to plead guilty to a drug charge, has settled his lawsuit for $90,000.

Albert Childress Jr. sued former Mingo circuit judge Michael Thornsbury, former Mingo prosecutor Michael Sparks, former Williamson police chief David Rockel, the Mingo County Commission and the state Supreme Court.

Childress spent about eight months in jail after being sentenced on the charge by Thornsbury. He pleaded guilty in March 2013 because he was threatened with more serious charges and knew he would be convicted, even though he was innocent, because of the corruption at the Mingo courthouse, according to his lawsuit.

The lawsuit was settled last week for a total of $90,000, said David Barney, Childress' attorney.

The specific amount each party paid has not yet been disclosed by the West Virginia Board of Risk and Insurance Management. The Supreme Court was dismissed from the complaint on June 30.

Childress faced wiretapping and drug charges after he was found in the home of Christina Tidwell Cline, where police said they found marijuana, cocaine and scales. Police had obtained a search warrant for Cline's home in August 2012 to find wiretapping devices Thornsbury thought a Mingo County private investigator, Donald Stevens, was using to spy on him.

According to Childress, Rockel and former Mingo sheriff Eugene Crum gave a Mingo County magistrate, Dallas Toler, false information to get the warrant for Cline's home. Sparks participated in and "coordinated or utilized fabricated testimony to secure the arrest" of Childress, according to the lawsuit.

Thornsbury and Sparks later admitted in federal court they deprived another Mingo County man, George White, of his constitutional rights. White, a sign painter, was arrested after Crum, the former sheriff, had him arrested on drug charges rather than pay a $3,000 debt for campaign signs White painted. When White began talking to federal authorities about drugs he had provided to Crum, the sheriff and Mingo County Commissioner David Baisden approached Sparks with a scheme to get White to be quiet in exchange for a lighter sentence.

Thornsbury is at a minimum-security federal prison in Pensacola, Florida, and he is scheduled to be released in March. Sparks served a year in federal prison. Baisden, in a separate case, pleaded guilty to extortion for demanding a discounted government price for tires for his personal vehicle and was sentenced to 20 months in prison. Crum was shot to death in his police cruiser in downtown Williamson in April 2013. Rockel joined the Mingo sheriff's department after Crum's death, but he was later fired by Crum's replacement. Toler pleaded guilty to voter-registration fraud and was sentenced to 27 months in prison after federal prosecutors said he sold cocaine while out on bond.

Reach Kayla Asbury at

kayla.asbury@wvgazetttemail.com, 304-348-3051 or follow

@kasbury_ on Twitter.

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