MADISON -- Two Boone County public school system employees admitted Wednesday they embezzled from the school system, but the county's prosecuting attorney said two former county school board members who were under investigation won't be charged.

David Bryan Jarrell, the school system's transportation director, and Tracy Harvey, a bus mechanic, each pleaded guilty to one count of embezzlement. They also must pay a yet-undetermined amount of restitution to the Boone school system.

Boone Prosecuting Attorney Keith Randolph said that in exchange for pleading guilty, they'll have charges of fraudulent schemes dismissed.

According to informations filed in the case, Harvey made "multiple purchases of tires, brakes, and other items for his own benefit" and the benefit of others, while directing the school system to pay for it, while Jarrell made "multiple purchases of various automotive related items for his own benefit" and the benefit of others, while directing the school system to pay for it.

The informations -- which can't be filed without a defendant's permission and usually indicate a defendant is cooperating with prosecutors -- said the embezzlement occurred between May 2014 and January 2017.

Randolph also said Wednesday that the investigation indicates the embezzled amount was close to $100,000, but he wouldn't identify the actual amount, which he said is "technically, somewhat, in dispute."

State Police Cpl. Dean Brinegar said in criminal complaints against Jarrell and Harvey that as of March 8, he'd documented "fraudulent and improper purchases in excess of $20,000."

Boone Schools Superintendent Jeff Huffman said the two employees have been suspended without pay since around Feb. 17.

"Obviously with the change in things that just occurred today, with the entering of guilty pleas, the board will obviously want to revisit that employment status and quickly address anything that they can address that is permissible through the West Virginia personnel laws," Huffman said.

Former Boone school board president Mark Sumpter resigned in October, and former board member Danny Cantley resigned in April. Brinegar confirmed in March they were under investigation as part of an embezzlement case.

Randolph said State Police did find evidence of what they think are purchases that Jarrell and Harvey made that benefited Sumpter and Cantley.

"However, there's no evidence that we can show that they [Sumpter and Cantley] were a participant, knew about it, or conspired to embezzle from the transportation department," the prosecutor said. "There will be no charges against them that would either be embezzlement or conspiracy related to the purchases that were the subject of the pleas today, and as to whether there are any other charges after I can't speak to that at this time."

Brinegar said "the totality of the report" will be presented to a grand jury. Sgt. C.R. Sutphin, head of the State Police detachment in Madison, said the investigation is continuing, but said he couldn't say whom it was looking into.

Jarrell and Harvey entered their pleas before Boone Circuit Judge William Thompson. They are scheduled to be sentenced Oct. 18.

Reach Ryan Quinn at ryan.quinn@wvgazettemail.com, 304-348-1254, facebook.com/ryanedwinquinn or follow @RyanEQuinn on Twitter.

An arbitrator has ruled that the owners of the Charleston Gazette-Mail must pay about $3.8 million to the former owners of the Charleston Daily Mail.

The arbitrator made his ruling on Aug. 28, and the decision was filed this week in U.S. District Court in Southern West Virginia. The Daily Gazette Co. and Daily Gazette Holding Co. must also pay attorneys' fees, court costs and post-judgment interest.

Of the amount awarded, $1.5 million is from the Gazette-Mail owners' sale of the dailymail.com internet address to another newspaper, the London-based Daily Mail. The Charleston Daily Mail's former owners -- MediaNews Group Inc. and Charleston Publishing Company -- argued that the web address belonged to them, and arbitrator Edward McDevitt agreed.

Also, $495,000 is owed to the Daily Mail's former owners in past-due management fees. Under a previous agreement between the Charleston Gazette's and Charleston Daily Mail's owners, the Daily Gazette Co. was to pay $225,000 a year in management fees to MediaNews for operation of the Charleston Daily Mail newsroom. The arbitrator also awarded the Daily Mail's previous owners $1.8 million in future management fees -- originally scheduled through 2024 -- that were canceled when the Gazette and Daily Mail combined in July 2015.

"Obviously, we are disappointed in Ed McDevitt's decision and feel he got it wrong," said Trip Shumate, Charleston Newspapers president and chief financial officer. "The company is currently evaluating its options on how to go forward with this decision. The way the arbitration clause is written, we can appeal this decision to the U.S. District Court."

In 2004, the Charleston Gazette's owners purchased most of MediaNews' interest in the Charleston Daily Mail. MediaNews had reached an agreement to sell the Daily Mail to Ogden Newspapers, according to the decision, but the Gazette's owners had the right of first refusal under the newspapers' joint operating agreement. Under that agreement, the Gazette and Daily Mail maintained separate newsrooms but shared non-news functions like advertising and delivery.

After the 2004 sale, the Daily Mail maintained an editorially separate newsroom, and MediaNews was paid a $200,000 annual management fee to oversee it.

The U.S. Department of Justice sued over the 2004 sale, alleging it violated antitrust law. The parties reached a settlement in 2010 that, among other things, increased MediaNews' management fee to $225,000 per year.

In July 2015, the Gazette's owners announced they were combining the Gazette and Daily Mail into one newspaper, the Charleston Gazette-Mail, starting with the next day's edition.

In his decision, McDevitt said he was "extremely sympathetic" to the Gazette-Mail's owners and their positions. But he said those positions "are not legally sufficient to defeat the claims of the Claimants."

"Regarding the management fees, it became impossible to operate two newspapers in this market through 2024..." Shumate said. "We acknowledged owing the management fee from May 2013 through July 2015, approximately $495,000."

Shumate said the sale of dailymail.com had been examined by several legal experts before the transaction, and it was determined at the time that it was permissible under the contract and the law.

"The U.S. Department of Justice approved the sale without consent from [MediaNews]," he said.

The Daily Mail's former owners were represented during the arbitration by Steven Douse of King and Ballow, a Nashville law firm. The Gazette-Mail's owners were represented by Charleston lawyer Richard Neely.

Reach Lacie Pierson at lacie.pierson@wvgazettemail.com, 304-348-1723 or follow @LaciePierson on Twitter.

The state Supreme Court has agreed to suspend the law license of Braxton County's former prosecuting attorney for three years.

Kelly Hamon McLaughlin resigned as prosecutor earlier this year over allegations that she mishandled sexual abuse allegations against her father-in-law. In a settlement with the state's Lawyer Office of Disciplinary Counsel reached in March, McLaughlin and the office agreed that she would resign, give up her law license for three years and never run for prosecutor again.

McLaughlin's father-in-law, Valgene McLaughlin, allegedly groped an 11-year-old girl while she was swimming in his pool in July 2013. The prosecutor did not disclose that she was related to the alleged perpetrator, and later told several people the case had been handed off to prosecutors in another county even though it had not and no documents had been filed to ask for a different prosecutor, according to charges from the Office of Disciplinary Counsel.

Kelly McLaughlin's license officially was suspended Aug. 30, according to a news release from the ODC.

Prosecutors dropped a charge against a journalist who was arrested at the state Capitol when peppering Health and Human Services Secretary Tom Price with questions.

Dan Heyman, of Public News Service, and other representatives from his organization announced the news in a conference call with reporters Wednesday.

"I'm pleased to say that the county charges against me have been dismissed," Heyman said. "Basically the prosecutor, as I understand it, said that I did not commit a crime, that what I did did not constitute a crime, which is always what I had felt, and I always felt confident that once due process got underway, that I would be found not to have committed a crime."

Several attorneys who assisted Heyman spoke on his behalf on the call as well.

Heyman said he was trying to ask Price a question regarding whether a bill to replace the Affordable Care Act would have counted being a victim of domestic violence as a pre-existing condition, which could boost insurance rates.

After repeating his question and holding out his phone to record the response, Capitol Police handcuffed and arrested Heyman. Authorities went on to charge him with the willful disruption of a governmental process.

The Charleston Gazette-Mail filed a public records request for security footage of the event. The Division of Protective Services denied the request.

Heyman said he did not know Kellyanne Conway, counselor to President Donald Trump, was among the gaggle of politicians surrounding Price. He has said in the past he did not know some of the men around them were part of a security detail.

Kanawha County Prosecuting Attorney Chuck Miller said that while Heyman may have been somewhat overzealous in his questioning, his conduct was protected under the First Amendment to the U.S. Constitution and not criminal behavior.

"We took a look at the videotapes, and there was an audio recording added to it by his defense attorneys, we took a look at the disruption of a governmental process statute, and it didn't really seem to fit," he said. "I think that he may have been a bit aggressive in his asking of questions to Secretary Price, but our opinion was that it didn't violate any criminal statutes."

Beyond the charges against him, Heyman said the widespread support he received from news outlets, media observers and press associations provided him a lift throughout the process on the outlook of a free press in the U.S.

"It's always good to see that people really support a free press, and the asking of questions of public officials," he said. "When there's a tug of war between folks who want to rein in the press, the media, and the ability of reporters like myself to do our jobs, when that's in tension, I'm always glad to see that people are willing to speak up for the reporting profession."

"In this country, we really have a long tradition of an aggressive, independent press, and people like that, they believe in it. They believe in reporters doing their jobs."

The year has provided tests of freedom of the press, both in the U.S. and abroad.

In June, Rep. Greg Gianforte, R-Mt., pleaded guilty to a misdemeanor assault charge for "body slamming" Ben Jacobs, a journalist with The Guardian, on the eve of a special election.

Thus far in 2017, 24 journalists have been killed on the job around the world, according to data from the Committee to Protect Journalists.

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

Prosecutors dropped two misdemeanor domestic violence charges against "Americas Got Talent" winner Landau Murphy Jr. on Wednesday.

A pending investigation includes further conversations with the alleged victim, according to a motion filed in Logan County Magistrate Court.

Charges may be refiled in the future, according to the motion.

Police originally charged Murphy with domestic battery and domestic assault after an altercation at his Logan County home.

On July 10, Murphy allegedly struck his girlfriend with a golf club, according to a criminal complaint.

The complaint also accused Murphy of slapping the woman and slamming her head into a concrete sidewalk.

Murphy said in a previous statement that an "unfortunate incident" unfolded at his home.

The statement said Murphy's girlfriend attacked him with a golf club and a knife while they argued.

Murphy had told the woman's friends and family to leave his home, according to the statement.

"In defending myself, she obtained some bruises and swelling on her face," Murphy said in the statement. "I did not strike her."

A State Police trooper interviewed the woman as she recovered at Logan Regional Medical Center.

Murphy's manager, Burke Allen, defended the singer shortly after police filed the charges.

"When all the facts are out, it will be clear that his actions were necessary and appropriate," he said in a past statement.

Police have yet to identify a man who spray-painted swastikas and racist messages in a Kanawha City neighborhood nearly three weeks ago.

At about 4 a.m. on Aug. 19, someone vandalized sidewalks and driveways on Roosevelt Avenue, located near the Kmart on MacCorkle Avenue.

The graffiti included swastikas, along with messages that read "white pride," "14/88" and "TWP," said resident Pam Burka. "I think I counted up at least 12 markings that he had done," Burka said.

The code "14/88" is often used by white supremacists, according to the Hate Symbols Database, a collection by the Anti-Defamation League. Fourteen is short for a slogan consisting of 14 words: "We must secure the existence of our people and a future for white children." The number 88 refers to the Nazi slogan "Heil Hitler," according to the database, because both words begin with the eighth letter of the alphabet.

Though the intended meaning of "TWP' is unknown, it may stand for Traditionalist Worker Party. The organization advocates racial purity and targets the Jewish community, according to the Southern Poverty Law Center.

A resident's surveillance camera recorded video of a man as he marked a neighbor's driveway in paint.

Another neighbor found an empty bottle of spray paint next to a nearby McDonald's. Police tested the bottle for usable fingerprints but found nothing, according to an email from Sgt. J.A. Hunt, assistant chief of detectives for the Charleston Police Department.

If found, the man could be charged with destruction of property, Hunt said.

Kevin Machusak, the neighborhood watch captain, said the surveillance video recorded a bald man with a large build. He said the man is tall, and that he was hunched over as he walked down the street.

"Apparently the video has a good enough picture of him to where, if they would find him, they could identify him," Machusak said.

Before city workers cleaned up the graffiti, neon green spray paint marked driveways, pavement and road signs between 65th and 66th Street.

Resident Meredith Shdeed uploaded pictures of the graffiti to a message board used by the neighborhood.

Shdeed, who is Lebanese, said the graffiti made her both angry and sad. She moved to the neighborhood 32 years ago - a week after she was born.

"I've never seen anything like that," she said. "This neighborhood's always been so diverse and always comes together in crisis."

Anyone with information about the vandalism can contact Charleston police at 304-348-6460 or charlestonwvpolice.org/tip.html.

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

The complexity of multiple lawsuits filed against a Charleston gastroenterologist and the potential criminal charges related to them are setting the stage for a years-long legal process, attorneys argued in court Thursday.

Kanawha Circuit Judge Joanna Tabit ruled to delay some aspects of evidential discovery in two of the lawsuits filed against Dr. Steven Matulis, formerly of Charleston Area Medical Center and Charleston Gastroenterology Associates, but she allowed attorneys to proceed to collect evidence as it relates to the 10 patients who filed the lawsuits since spring 2016 saying they suffered from Matulis' sexual misconduct.

Hearings in regard to three lawsuits against Matulis were on Tabit's docket Thursday. Two of the cases were related to Matulis' alleged sexual misconduct, and the third was a medical malpractice lawsuit unrelated to the sexual misconduct allegations.

During Thursday's hearings attorneys for the medical facilities and plaintiffs Adriana Fleming and a patient referred to as Jane Doe agreed to the dismissal of medical negligence and invasion of privacy claims against Matulis in the lawsuits.

Tabit allowed for the evidence discovery regarding the patients to proceed with the goal of making sure at least some portion of the case is proceeding through the legal system.

"What we're going to try to do, we're going to do class discovery," Tabit said. "I know that might be somewhat problematic. I'll tell you what, if we can't work through it, we'll stay the whole darn thing. That should be incentive for everybody to try to - let's get something done. Let's move something forward because I frankly don't think the class discovery is going to be a walk through the park either."

In making her ruling, Tabit said Thursday she wanted to delay proceedings until a grand jury determined whether to indict Matulis on criminal charges related to sexual misconduct and pending the results of Matulis' hearing with the West Virginia Board of Medicine next week.

She ordered the participating attorneys to submit three names of people who could serve as discovery commissioners, as it pertains to the class of patients suing Matulis, to her within the next 20 days.

The female patients who have filed suit say they don't know whether they were victims of sexual assault after having a procedure done by Matulis while they were under anesthesia. The patients also say they can't know whether the colonoscopy procedures and diagnoses therein are reliable or accurate.

The patients say in the lawsuit that not knowing whether an assault occurred has created substantial concern and distress for them. On Thursday, Fleming's attorney, Stuart Calwell, said Fleming began going to counseling because of the mental and emotional distress she suffered.

Timing has been an issue in the cases filed against Matulis.

Matulis has not been criminally charged in any cases, and his hearing before the West Virginia Medical Board will begin Sept. 13.

Michael Del Giudice, who represented the plaintiff in the medical malpractice case, said it was his understanding the next grand jury proceedings in Kanawha County would take place in October. He said expectations were that the October grand jury members would determine whether to indict Matulis on charges of sexual assault.

He said any holds in the civil cases would draw out the suits for years to come.

"If they take another year before trial, then you've got the appeals, we're putting a stay on this, it may be several years down the road," Del Giudice said Thursday.

In May, attorney Ben Salango argued motions to delay, legally referred to as 'stay,' the case were a tactic by defense attorneys to delay the case when it wasn't going their way. Salango represents a 25-year-old Boone County woman who filed one of the lawsuits against Matulis. That case is being tried by Kanawha Circuit Judge Jennifer Bailey.

Del Giudice also referred to some of the motions and orders filed in Bailey's courtroom, but defense attorney Tamela White said that information, while relevant to Matulis, wasn't relevant to the arguments made in Tabit's courtroom Thursday.

"These are so intertwined you can't separate them apart," White said Thursday.

Reach Lacie Pierson at lacie.pierson@wvgazettemail.com, 304-348-1723 or follow @laciepierson on Twitter.

One of the three men who earlier this year pleaded guilty to skimming credit card numbers from gas stations in West Virginia was released from jail Thursday afternoon.

Kanawha Circuit Court Judge Duke Bloom ordered the release of Yordan Herrera-Ruiz, and he ordered Assistant Prosecuting Attorney Fred Giggenbach to notify relevant authorities at the West Virginia Regional Authority that Kanawha County would not be paying the costs associated with housing Lazaro Abrhan-Manzo, who also pleaded guilty in the case.

Herrera-Ruiz, Abrhan-Manzo and Yusmani Alvarez-Esmori each were sentenced to one year of probation on April 13 after they each pleaded guilty to conspiracy in a scheme by which they obtained credit card numbers at area gas stations then used the card numbers to go on shopping sprees.

Abrhan-Manzo has been incarcerated at the jail since he was sentenced even though he was placed on probation.

Authorities in Lewis and Harrison counties placed a hold on Abrhan-Manzo to keep him in jail, as charges for similar card skimming schemes are pending against him in those counties.

When he learned Kanawha County had been paying the bill to house Abrhan-Manzo, Bloom issued his order to Giggenbach.

"I want an order prepared indicating he was placed on probation ... that the Regional Jail Authority is to refund any and all charges to Kanawha after that day," Bloom said.

Giggenbach also told Bloom he would contact authorities in Harrison and Lewis counties to let them know they needed to pursue charges since there were no charges or other sentences pending against Abrhan-Manzo in Kanawha County that would necessitate his remaining in jail.

Bloom also ordered the release of Herrera-Ruiz after it was shown he had a reliable location to return to with relatives in Florida, where he will serve the remainder of his probation.

Alvarez-Esmori similarly was released from jail on June 30 to relatives in Florida while he serves his probation.

Reach Lacie Pierson at lacie.pierson@wvgazettemail.com, 304-348-1723 or follow @laciepierson on Twitter.

The owner of New Beginnings Drug Treatment Center agreed on Thursday to vacate his inpatient facility in Cross Lanes.

William Mucklow owed the building owners, Jonathan and Blessing Eya, at least $44,000 in rent, according to a lawsuit filed in Kanawha County Circuit Court.

After three court hearings, Mucklow promised not to collect on a $60,000 loan he made to the Eyas, relieving him of the debt for unpaid rent.

In previous testimony, Mucklow said he sacrificed countless hours with no pay to help the couple.

He helped the Eyas relocate their own business, and he managed a contractor who renovated the Eyas' new building.

Circuit Judge Jennifer Bailey twice stopped Mucklow in the middle of his testimony, questioning the purpose of his answers.

"This is a whole lot of self-serving testimony that I don't really need to hear - about all this volunteer work," she said.

Mucklow's attorney, Trent Redman, said New Beginnings currently has no plans to open a new inpatient center.

Its outpatient center is located in the rear of Mucklow's other business, U.S. Tax and Financial Group in South Charleston. The outpatient center will remain open, Redman said.

"We came to the agreement because it's best for both people, bot entities," he said. "It's just an opportunity for everybody to cut strings and get on with their lives."

The Eyas filed the lawsuit on Aug. 10 to evict Mucklow from the property. They hoped to get back their building and cut all ties with the tenant.

Attorney Richard Lindroth represented the Eyas with help from attorney John Dorsey.

Mucklow and his business will vacate the building, located at 5257 Big Tyler Road, by Sept. 22. It currently houses one patient, who will leave a day earlier.

"I would say I'm feeling a little better, even though I will just have to cut our losses," Blessing Eya said.

The facility previously stopped accepting patients after Mucklow fired more than 20 employees amid financial problems in May.

Still, Jonathan Eya said he found cars in the parking lot on July 29. He soon realized the cars belonged to a security company.

Jim Edens, of Event Security Professionals, testified during a hearing on Wednesday.

He said Mucklow spent $1,900 to protect the building from disgruntled former employees.

"Some of the employees that were disgruntled were going to vandalize or possibly show up to picket," Edens said, explaining Mucklow's concerns.

Thirteen past employees complained to the state Division of Labor after Mucklow failed to pay them. The state agency closed its investigation in August after Mucklow paid the $24,000 he owed to complainants.

In his testimony, Edens said Jonathan Eya was "visibly upset" and "borderline hostile." The defense attorney then asked whether Jonathan Eya made any threats.

"If there were threats, I don't remember," Edens said. "He never threatened us, other than 'We're going to call the cops and throw your asses out of here.' "

Jessica Halstead, the company's director of inpatient and outpatient services, also accused Jonathan Eya of being hostile.

She traveled to the Cross Lanes facility the day Jonathan Eya tried to remove security personnel. She described him as "irate."

The company filed for a restraining order against the Eyas, citing the need to protect its employees from the couple.

In their ensuing lawsuit, the Eyas' accused Mucklow of filing the safety order to delay his court hearings.

"Since 31st of July, I have never been to my facility - my building," Jonathan Eya said.

In his own testimony, Mucklow said he approached the Eyas to help them with financial problems and get his business started.

Mucklow worked as the Eyas' accountant for about six years. He agreed on Thursday to return the Eyas' tax paperwork, which he stored at the South Charleston office.

The Eyas's own business, Dream Home Assisted Living, was originally located at the Cross Lanes building where New Beginnings is now located.

They said Mucklow wanted to use half their licensed beds as a treatment center.

The couple agreed, but the Office of Health Facility Licensure and Certification denied their plan.

Instead, the Eyas moved their business to a home in the nearby Quail Hollow community. They spent Mucklow's $60,000 loan on renovations, modifying the home to make way for an assisted living facility.

The Quail Hollow Homeowners Association filed an ongoing lawsuit to evict the couple. The home is not to be used for business, according to the complaint.

While the Eyas' business troubles are ongoing, the largest threat to their future ended at Thursday's hearing.

Jonathan Eya, speaking during his testimony, said he could lose everything he worked for since 1999: the year he moved to West Virginia.

In her own emotional testimony, Blessing Eya fought tears as she broke from the line of yes-or-no questioning on Wednesday.

"William [Mucklow] knows that he will put me and my three kids on the street," she said during the hearing.

After Thursday's decision, Blessing Eya said she hopes to put her fear and uncertainty in the past.

"The big lesson is not to take people on their face value anymore, because that is what we did," she said "We trusted Mr. Mucklow."

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

LOGAN - Logan County sheriff's deputies are searching for the driver of a truck believed to have struck and killed a woman whose body was found in the Guyandotte River.

The body of Clevina Hackney, 36, of Switzer, was found in the river near Cherry Tree on Saturday, according to a news release from the Logan County Sheriff's Office.

Deputies received a call at about 12:30 a.m. Tuesday for a reported pedestrian struck on W.Va. 44 in Logan County. Nothing was discovered after an initial search of the area, deputies said. Members of the Logan Fire Department also used infrared equipment to search the river, but were unable to find anything due to poor water conditions.

Hackney's body was discovered Saturday afternoon, after the water had cleared and the water levels had gone down, deputies said.

At the scene, a medical examiner found that Hackney had suffered multiple injuries from the incident - including two broken legs.

Surveillance footage from the area shows the suspect could have been driving a late-90s or early-2000s model F-150 or F-250 Ford pickup truck.

Photos show the vehicle is a regular cab and appears to have an 8-foot bed. The truck is believed to be blue or black in color, with white or gray trim.

Deputies said there should be damage to the right front side of the vehicle.

Hackney's body was taken to Charleston for an autopsy. West Virgina State Police also responded to the scene Saturday.

Anyone with information concerning this vehicle is asked to contact the Logan County Sheriff's Department at 304-792- 8590 or contact Logan 911.

The following people filed for marriage licenses in Kanawha County between Aug. 31 and Sept. 8, 2017:

Doy Thomas Nichols, 35, and Cassie Dawn Starcher, 35, both of Sissonville.

Lewis Coleman Prouse, 53, and Ellen Bernice Jackson, 52, both of Charleston.

Fredrick Irl Miller, 64, and Sharon Lynne Burge, 63, both of South Charleston.

Hunter Eugene Patrick, 21, and Taylor Dawn Burker, 21, both of South Charleston.

Charles Alexander Baptiste, 31, of Dunbar and Marikza Daneen Chinnery, 28, of Charleston.

David Andrew Johnston, 25, and Kayla May Tolliver, 30, both of St. Albans.

Caleb Mark Kiser, 23, of Charleston and Taylor Brooke Holstein, 22, of Racine.

Harry James Kelly IV, 30, of Alexandria, Virginia, and Rachael Elizabeth Nease, of Charleston.

Randy Dewayne Dunlap, 34, and Alisha Loudonna Paxton, 26, both of St. Albans.

Zackary Alan Austin, 22, and Brittne Lorin Cavender, 25, both of Charleston.

Shane Robert Light, 24, and Katherine Marie Chambers, 23, both of Charleston.

Dale Stuart Vogelbach, 56, and Kellie Ann Bailey, 49, both of Charleston.

Naga Praveen Gourneni, 41, and Gessica Danielle Harper, 32, both of Charleston.

Christopher Ray Elliot, 22, and Jessica Leigh Bosley, 20, both of Charleston.

George Adam Ferrell, 28, of Shrewsbury and Renae Cheyenne Jordan, 21, of Marlinton.

Owen Clark Plantz, 52, of Cross Lanes and Liza Dawn Sigman, 44, of St. Albans.

Zachary James Rosencrance, 27, and Krista Lea Comer, 27, both of Charleston.

Travis Jay Fauber, 27, and Felisha Nichole Osborne, 31, both of South Charleston.

Cephas William Evans III, 27, and Amy Catherine Bishoff, 27, both of Charleston.

Sean David Brawley, 37, and Amber Nicole McCartney, 37, both of Charleston.

Katie Elaine Prinkey, 24, and Brittany Lynn Bailey, 24, both of Charleston.

Ercle Joshua Maynard, 36, of Dunbar and Barbara M. Robinson, 35, of Little Hocking, Ohio.

Joshua Allen Ratcliff, 30, and Brittany Nicole Slater, 25, both of South Charleston.

Charles Ray Taylor, 68, and Cecilia Harriet Harless, 69, both of Elkview.

Benjamin Jared Wilks, 35, and Megan Danielle Casebolt, 35, both of Cross Lanes.

Cory Tate Fisher, 23, and Britney Louanne Gibson, 20, both of Cross Lanes.

David James Mullins, 25, and Sara Elizabeth Brown, 24, both of Cross Lanes.

Adrian Douglas Wright, 55, and Bernadette Michelle Kenny, 53, both of Charleston.

Shane Lee Honaker, 51, and Kristina Renee Coleman, 32, both of St. Albans.

Siegel Marshall Kinder, 72, of Peytona and Kristen Lynn Weddington, 34, of Dawes.

Logan Quinn McDonald, 27, of Elkview and Lisa Lunette Young, 28, of St. Albans.

Troy Allen Martin, 42, and Sara Kay Swain, 35, both of Charleston.

Brandon Lee Cavender, 31, and Jessica Marie Parsons, 29, both of Tornado.

Tyler Lee Boggs, 22, and Brittany Sierra Bailey, 20, both of Charleston.

Samuel Jason Cable, 39, of Chase City, Virginia and Eren Paige Varney, 33, of Charleston.

Brandon Thomas Murray, 23, and Sonya Rae Danberry, 22, both of Charleston.

Brett Walker Baebenroth, 35, and Jessica Louise Warden, 31, both of St. Albans.

Randall Dean Shoemake, 37, and Kimberly Dawn Bess, 30, both of Nitro.

Jamie Scott Vaughn, 24, and Kaitlin Marie Carrier, 22, both of Cedar Grove.

Cory Allen Hill, 22, and Kaleigh Elizabeth Skiles, 21, both of Charleston.

Daniel Josiah Walker, 31, and Emily Anne Barton, 26, both of Charleston.

Jeffery Alan Thaxton, 27, of Milton and Caryn Michelle McDaniel, 29, of St. Albans.

The following people filed for divorce in Kanawha County between Aug. 31 and Sept. 8, 2017:

JoAnn Marie Taylor from Brian Lee Taylor

Bonnie Gail Busch from Arthur Busch

Adam Robert Tate from Amanda Michelle Tate

Eva Jane Mitchell from David Anthony Mitchell

Jennifer Lynn Fletcher from Robert Edward Fletcher

Stacy Joyce Groom from John Edward Groom

Nachette Montgomery Tibbs from Alex Lucious Tibbs

Paul Allen Clendenin from Christina Sue Clendenin

Amy Ruth Wazelle from Jason Lee Wazelle

Heather Nicole Blakenship from Travis Paul Blakenship

Helen Elizabeth Kesari from Vamshi Krishra Kesari

Joshua Thomas Wilkerson from Courtney Rashell Wilkerson

John K. Rectenwald from Pamela Ann Rectenwald

Becky Regina Parsons from Gary Lee Parsons

Joseph Michael Unites Jr. from Sara Elizabeth Unites

Sara Nicole Price-Fortney from Jonathan David Fortney

Laura Ann Rowlands from Cody Allen Rowlands

Kimberly Lynn Gagich from Alexander Paul Gagich

Kenneth May Jr. from Erin Colleen May

Rachel Michele Simmons from Thomas Eugene Simmons

Joseph A. Perez from Kayla Perez

The following property transfers of $75,000 or more were recorded in Kanawha County between Aug. 31 and Sept. 8, 2017:

Janice L. Hillman to Charles R. II and Constance G. Lewis. Lot, Kanawha City District, $260,000.

Niall A. Paul to Victoria Paul. Parcel, Spring Hill District, $103,069.96

David K. and Stephanie L. Hendrickson to Ernest Stephen II and Boustany Fragale. Parcel, Charleston, $800,000.

P. Claudette Broyles to Donald C. Snyder. Lot, Dunbar, $95,000.

Mindy R. Bussoletti to Kelsey M. Pauley. Lots, Washington District, $113,000.

Clotilde C. Flores to James A. Deitzler. Lot, South Charleston, $105,000.

Tanya A. Triplett to Eric Lee Miller. Parcels, Malden District, $199,900.

Benjamen Craze to Jonathan R. and Rachel E. Mayes. Parcels, Kanawha City, $122,500.

Scott Spencer, Beth Spencer, Wendy Spencer Sousa, Derek Spencer, Kelly Ann Adcock, and Teena D. Spencer Briggs to Franklin J. and Reba Huffman. Lot, Loudon District, $200,000.

Scott W. and Kim Pavlina Nuckles to Jason Allen and Patricia A. Goff. Lot, Charleston, $135,000.

Robert A. and Mary E. Cagna to Laura Mullins. Lot, South Charleston, $205,000.

Ziad Kahwash and Zeina Haidar to Daniel and Judith Malone. Lot, Loudon District, $292,500.

George J. Namey to Jessica M. Chandler. Parcel, Jefferson District, $131,500.

Dyami D. Krasko to Evan Fonner. Lots, Union District, $83,500.

Helen L. Robinson to Carol J. and Venson Paulin. Lot, Malden District, $115,000.

Sacred Heart Riverview Terrace Inc. to Gary J. Blake and Gary K. White. Condominium, Charleston East District, $263,000.

Adam J. and Abbey M. Schwendeman to Gail R. Bellamy and Daniel J. Kurland. Lot, Charleston West District, $255,500.

Laura A. and Sylvester C. Clark Jr. to John E. and Maureen J. Treacy. Lots, Union District, $225,000.

Robert A. Sloan to Melissa R. Scott. Lot, Elk District, $245,000.

John T. and Jo Ellen Yeary to Andrew T. and Erica D. Gunnoe. Lot, South Charleston, $285,000.

Terence and Mary Rhodes to Eric S. and Angela R. Cantrell. Lot, Elk District, $500,000.

David A. DeBolt and May Broome to Nathan Cooper. Parcel, Elk District, $111,500.

Marc B. Lazenby to Vanderbilt Mortgage and Finance Inc. Lot, St. Albans, $84,600.

Mary Frances Combs to Donald E. Linkenhoger Jr. Lot, St. Albans, $139,000.

Steven Q. Pitman and Deanna Taylor-Pitman to Jacob T. Pitman. Lots, Charleston, $100,000.

GT2 Properties Inc. to Henry A. Jr. and Han Ling Arnold. Parcels, Union District, $235,000.

David S. Akers to Lesley A. LeRose and Megan D. Wooten. Lot, St. Albans, $165,000.

R. Booth II and Amy Shuler Goodwin to Scott and Kimberly Nuckles. Parcel, Loudon District, $340,000.

Deborah A. Call McCracken and Barbara A. Call to Brooke A. and Samuel H. Albin. Lots, Loudon District, $272,000.

Jeffery H. Smith and Benjamin Smith Jr. to Niki L. ODaniel. Lots, Union District, $137,007.52.

Spring Fork Land LLC to Mountain Auto Supply and Service Center Inc. Parcel, Malden District, $100,000.

Patrick E. Garten to Donald O. Kelley. Lot, South Charleston, $101,500.

Ben D. and Michelle E. Shambin to Wilma G. Shinn. Parcel, Big Sandy District, $90,000.

Jack D. and Shirley L. Whitt to Oliver A. and Katherine E. Orton. Lot, Charleston, $354,000.

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 Sept. 1 and 8, 2017:

Larry and Sandra Kay Collins, Davin, Chapter 7. Assets: $68,101, Liabilities: $60,183.

Charles Louis and Laura Faye Kirk. Assets: $59,873, Liabilities: $36,096.

Steven Albert and Anna Mae Thaxton, Millwood, Chapter 7. Assets: $347,475, Liabilities: $381,444.

David Lee Gump II, St. Albans, Chapter 7. Assets: $26,700, Liabilities: $49,250.

Tawanna Omega Wright, Williamson, Chapter 7. Assets: $13,669, Liabilities: $166,832.

John William and Selenna Marie Williams, Chapmanville, Chapter 7. Assets: $16,700, Liabilities: $38,847.

Steven Marshall and Rosalie Anne Lipscomb, Elkview, Chapter 7. Assets: $66,326, Liabilities: $96,749.

Arthur Lee Pettry, Glen Fork, Chapter 7. Assets: $9,055, Liabilities: $26,229.

Carl Hubert Grimmett Jr., Pineville, Chapter 7. Assets: $34,123, Liabilities: $261,879.

Cathy Lynn Cline, Cyclone, Chapter 7. Assets: $6,970, Liabilities: $48,261.

Delbert Dylan Saunders, Mullens, Chapter 7. Assets: $84,299, Liabilities: $269,689.

Robin Buck, Daniels, Chapter 7. Assets: $131,875, Liabilities: $122,713.

1325 Virginia Street LLC, Charleston, Chapter 11. Assets: Unknown, Liabilities: Unknown.

Hard Rock Exploration Inc., Charleston, Chapter 11. Assets: Unknown, Liabilities: Unknown.

Caraline Energy Company, Charleston, Chapter 11. Assets: Unknown, Liabilities: Unknown.

Brothers Realty LLC, Charleston, Chapter 11. Assets: Unknown, Liabilities: Unknown.

Blue Jacket Gathering LLC, Charleston, Chapter 11. Assets: Unknown, Liabilities: Unknown.

Blue Jacket Partnership LLC, Charleston, Chapter 11. Assets: Unknown, Liabilities: Unknown.

Elinor Barbara Breedlove, Charleston, Chapter 13. Assets: $131,875, Liabilities: $122,713.

The following people applied for marriage licenses in Putnam County between Aug. 31 and Sept. 7, 2017.

Douglas Duane Harper, 53, and Felisha Gail Coyner, both of Culloden.

David Mullins, 48, and Tanya Danielle Wood, 28, both of Winfield.

Micah Benjamin Yahr, 35, and Kelli Jo Adkins, 30, both of Winfield.

Benjamin Allen Smith, 36, of Red House, and Dorothy Grace Stewart, 34, of Pliny. Reuben Titus Wheeler, 26, and Carrie Ann Wheeler, 25, both of Hurricane.

Jeffrey Scott Woody, 54, and Doris Gayle McGuffey, 53, both of Scott Depot.

Jason Wade McMillion, 47, and Dawn Michele Gerkin, 47, both of Leon.

David Austin Hood, 26, and Amanda Kathryn Marcks, 27, both of Scott Depot.

Paul Edward Casto, 74, of Poca, and Dinah Kay Hauser, 73 of Milwaukee.

Christopher Blaine Means, 25, and Destiny Lynn James, 22, both of Hurricane.

James Ray Selbe, 47, and Jean Lashae Best, 35, both of Winfield.

Jessica Daneille Mullins, 33, and Kaila Michelle Mullins, 26, both of Hurricane

Chase Matthew Linville, 23, and Tiffany Megan Jackson, 22, both of Buffalo.

Walter Ralph Brown Jr., 57, and Sue Ann Rogers, 44, both of Eleanor.

The following people filed for divorce in Putnam County between Aug. 31 and Sept. 7, 2017.

Judith Herdman from Jerry Herdman.

Karen D. Clendenin from Larry J. Clendenin.

Dean M. Cordle from Darla Cordle.

Abdo D. Chaber from Melinda Chaber.

Lori A. Wyatt from Daniel F. Wyatt.

The following property transfers of $75,000 or more were recorded in Putnam County between Aug. 31 and Sept. 7, 2017.

Brittany E. Carns to Joshua J. and Amanda E. Fabus. Lot, Winfield, $252,000.

Mercybuilt LLC to Jason R. and Tina Wollard. Lot, Teays Valley, $285,400.

First Sentry Bank to David Lee and Tammy Lynn Hodges. Parcels, Buffalo, $85,000.

James F. and Virginia L. Paul to Victor Bonnett. Tracts, Scott District, $135,000.

Susan Carol O'Brien to Robert A. and Dorothy Mae Siebel. Unit, Scott District, $110,000.

Anthony T. Justice to Roland R. and Frances L. Roberts. Lot, Nitro, $215,000.

Alexander and Stephanie Eagle to Wesley J. and Jessica L. Massey. Acres, Scott District, $285,000.

Jason Lee Tye to Jason D. Ranson. Lot, Winfield, $285,000.

Keslings Quality Homebuilders LLC to Brian H. Tomasek and Michelle W. Chan. Lot, Scott District, $380,000.

Red House Properties LLC and Eric S. Embree to Putnam County Bank. Acres, Union District, $476,357.16.

Pill & Pill PLLC and Christopher and Michelle Harmon to John Ginn. Lot, Hurricane, $84,151.

Seneca Trustees Inc. and William R. Glenn II to JP Morgan Chase Bank. Lots, Hurricane, $86,140.

David L. and Allyson L. Hendren to Jeffrey S. and Robin Fee. Lot, Scott District, $545,000.

Chet W. Rodabaugh to Marianne M. and David K. Richardson II. Tracts, Teays Valley, $288,000.

Perfidia Mayo to Doni R. Lemley and William C. Browning. Lot, Curry District, $80,000.

Smith Trustees Inc. and Laura F. and John F. Smith to Quicken Loans Inc. Lot, Bancroft, $97,090.

Seneca Trustees Inc. and Paul and Wendy Easton to Bank of New York Mellon. Acres, Scott District, $144,502.44.

John Eric and Tracey M. Clark to William C. and Debra J. Howard. Lots, Scott District, $1,181,000.

Jon Eric, Jeremy Ryan, Jessica and Justin Todd Linville and Rebecca Parlin to Teays Construction LLC. Acres, Teays Valley, $160,000.

Marvella K. Karr to Amanda F. and Daniel J. Williamson. Lot, Scott District, $164,000.

Harry Wayne and Janet M. Vancliff to Joseph C. and Irene M. Slominski. Lot, Scott District, $204,000.

An Independence High teacher was found unresponsive in her classroom Monday morning and later was pronounced dead at a hospital, according to a statement from the Raleigh County public schools superintendent.

Superintendent David Price didn't provide the name of the teacher in his emailed statement Monday. His full statement follows:

"It's a sad day for Raleigh County Schools and the Independence High School Family. One of our teachers was found unresponsive in her classroom, due to a medical condition, at approximately 8:10 am. Trained medical professionals at school and first responders acted immediately and transported her to the local hospital where she was pronounced dead.

"This teacher will be greatly missed by all. Counselors from local schools and agencies will be available immediately for grief counseling."

Charleston police responded to three gunshot complaints in Charleston between late Saturday night and early Monday morning.

About 50 shots were fired in total. No injuries were reported, and authorities had yet to make an arrest as of Monday morning.

Someone fired about a dozen shots in the 100 block of Hunt Avenue on Saturday night, a Kanawha County dispatcher said.

Police arrived just before 11:30 p.m. to find several shell casings and no suspect.

At about 1:30 a.m. on Monday, officers responded to a gunshot complaint in the 1400 block of Red Oak Street.

Sgt. James Hunt, assistant chief of detectives for the Charleston Police Department, said he was unaware of the complaint.

It's possible that only one person complained, he said, or that police could not substantiate the call.

Officers again responded to a gunshot complaint about 30 minutes later.

Hunt said police recovered about 40 shell casings in the area of Sixth Street and Park Avenue.

The Sixth Street incident happened over a wider area than the one on Hunt Avenue, so police are hoping to find nearby surveillance video.

“We're still investigating, and we don't find any reason to link the two,” he said.

Two elk jumped over the median on U.S. 119 and into the path of an ambulance in Logan County early Monday morning.

Both elk - a cow and a calf - died after the ensuing collision near the Whitman exit, said Randy Kelley, of the state Division of Natural Resources.

Kelley is leading the DNR's effort to revitalize the elk population in West Virginia.

Project members gathered in December to release 24 elk in the state, where the animal had not been seen since 1875.

The cow in Monday's accident likely weighed about 500 pounds, Kelley said, and the calf may have weighed about a third as much.

"Although she was just born in June, she's already the size of a small whitetail doe," Kelley said of the young elk.

No patients were in the ambulance, Kelley said, and two ambulance personnel went unharmed. They visited Logan Regional Medical Center as a precaution.

A caution sign is posted about a quarter-mile from where the collision unfolded. Kelley urged drivers to be mindful of their speed and to be aware of animal crossings.

However, Kelley said such accidents are possible - even expected.

"We anticipated that potential," he said. "It's one of those unavoidable things if we're going to restore elk in West Virginia."

He said West Virginia's elk population is now 22. The project aims to introduce up to 60 more elk to the state next spring.

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

The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas royalty case that could have had significant financial implications for energy companies in which her husband owned stock.

Late last week, attorneys for Katherine Leggett and other plaintiffs in the case urged the federal court to hear an appeal of the case, in which the West Virginia court reversed its own ruling after Walker was elected and replaced Justice Brent Benjamin.

In the case, the state Supreme Court ultimately ruled - once Walker took office - that natural gas drillers can deduct post-production costs for things like gathering, transporting and treating natural gas after it is extracted from the royalties paid to certain types of mineral owners. The finding was a significant victory for the industry, with millions of dollars riding on the outcome for natural gas companies and mineral owners in the state's Marcellus Shale gas region.

"Justice Walker's spouse owned stocks of many natural gas and energy producing companies, including shares of at least one company whose subsidiary had significant natural gas operations in West Virginia and was a party to several pending cases presenting similar issues," the petition filed Friday with the federal court said. "Justice Walker cast the decisive vote to grant rehearing, and, on rehearing, the court reversed itself and issued a decision favorable to natural gas companies, holding that deductions of post-production expenses were proper."

The petition argues that courts "vary widely" in their approach to when a financial interest is "sufficiently substantial" to require a judge to recuse themselves, and that the case involving Walker provides the justices "an excellent opportunity to dispel the confusion."

Still, any U.S. Supreme Court petition is a statistical long shot. The court hears only about 80 cases each year, out of the 7,000 to 8,000 appeals that are filed annually. About another 100 cases are decided by the court without a hearing, according to the court's website.

In late May, on the Friday afternoon before the three-day Memorial Day weekend, the state Supreme Court ruled by a 4-1 vote that EQT Production Co. was allowed to deduct post-production costs. The case specifically concerned payments to mineral owners whose leases with gas drillers were covered under a 1982 West Virginia law meant to update old "flat-rate" leases that, in many instances, dated back to the turn of the 20th century. Legislators had passed that law to reform a system that left many mineral owners being paid only a flat rate, such as $300 a year, regardless of how much gas was being produced and how much profit drillers were making. In the Leggett case, plaintiffs argued that EQT has been wrongly deducting post-production expenses before paying owners their royalties on a tract that had been covered by a 1906 lease that was updated according to the 1982 law.

The court's ruling was a reversal from a 3-2 November 2016 decision in which the court ruled that post-production cost deductions were not allowed on those leases. The state court also had ruled, more than a decade ago in a case called "Tawney v. Columbia Natural Resources," that post-production deductions generally were not allowed.

Between the November 2016 and May 2017 rulings, Walker took office, having defeated Benjamin in a statewide election. Justice Margaret Workman also switched sides, ruling against the gas company in 2016 and joining the majority in EQT's favor this year.

The U.S. Supreme Court petition, though, focuses on Walker's involvement in the Jan. 25 vote to grant EQT's request for a rehearing of the matter. The vote was 3-2. Walker joined the two justices who previously voted in EQT's favor, Allen Loughry and Menis Ketchum, to grant the rehearing request. The two justices who previously had voted with Benjamin against the gas company, Workman and Robin Davis, voted not to rehear the case.

In their petition, the Leggett attorneys recount that they became aware, in April 2017, of a state Ethics Commission financial disclosure in which Walker reported that her husband, Mike Walker, owned stock in "many natural gas and energy companies, including Chevron Corporation, Columbia Pipeline Group, Conoco Phillips, Dominion Resouces, Duke Energy Corporation, General Electric Corporation, Portland General Electric, and ExxonMobile Corporation." ExxonMobile subsidiary XTO Energy has significant operations in West Virginia.

After briefs were already filed in the rehearing, and about a week before the oral argument, the Leggett attorneys filed a motion asking that the argument be called off and the rehearing ended, citing Walker's involvement, and arguing that her husband's financial holdings created a conflict that violated the plaintiffs' right to due process. Among other things, they noted that Mike Walker had loaned his wife's Supreme Court campaign $525,000. Under court rules, canceling Walker's vote on the rehearing motion would result in the rehearing motion being denied by an equally divided vote.

Walker issued an initial memo to the court clerk on April 26, saying she did not believe she or her husband had an economic interest in the case. On May 1, Walker issued a second memo, which said "out of an abundance of caution, my husband has divested himself of ownership of shares of stock of any company engaged in the business of producing coal, oil and gas, wind, or solar energy."

The U.S. Supreme Court petition says that Walker's initial "denial of an economic interest even in the face of ownership of stocks in companies that would be affected by her decisions suggests that she viewed her recusal obligations as limited to a scenario in which either she or her husband had a direct interest either in a party to the case or in the mineral rights or leases at issue." The petition says her subsequent statement that her husband sold his energy stocks "after she voted to grant rehearing ... does not eliminate the due process violation."

"Even assuming that she had no conflict of interest when the court decided the merits on rehearing, petitioners' constitutional rights were nonetheless violated," the petition states.

The petition says it has long been clear that judges must recuse themselves when they have a "direct, personal, substantial, pecuniary interest" in a case. But, the petition explains, "courts have divided over whether such an interest exists when a judge has an economic interest in a case's outcome, but does not own an interest in any of the parties or the specific transaction at issue."

"Several courts have correctly held that recusal is required whenever the circumstances create a 'possible temptation' for the judge to reach a particular outcome," the petition says. "Other courts have taken a narrower view, holding that recusal is not required, as long as the judge has no economic interest in the parties or specific subject matter of the case, regardless of any other financial incentives."

The petition says the U.S. Supreme Court has not "given any guidance on what sorts of pecuniary interests give rise to a constitutional disqualification requirement in more than three decades."

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

A small plane made an emergency landing on the interstate Monday afternoon in Jackson County, the sheriff says.

The plane landed on the northbound side of Interstate 77 just south of Fairplain, around the 131 mile marker, Jackson County Sheriff Tony Boggs said. He said he started receiving calls about the landing at approximately 5:30 p.m.

The pilot had to make the emergency landing due to engine failure, Boggs said. The plane, a Piper PA-18 Supercub, is a single-engine aircraft, according to the Federal Aviation Administration website.

No one was injured.

The sheriff's office is investigating.

The northbound lanes were closed at the scene.

With a low, rocky embankment marking the end of Yeager Airport's collapsed safety overrun area serving as a backdrop, members of the Charleston airport's governing board convened a special open-air meeting on Monday to accept a $13.5 million grant from the Federal Aviation Administration that will launch the first of two construction projects to restore an engineered materials arresting system (EMAS) at the south end of the airport's runway.

Members of the state's congressional delegation joined county, city and state officials and airport administrators in a ceremony preceding the meeting, during which they reflected on the cooperation needed to prevail over the daunting task of acquiring the funds needed to rebuild the safety zone after 540,000 cubic yards of it slid off a hillside and across Keystone Drive in March 2015.

The airport board and county commission "could have said, 'Oh, well, we don't have the finances,'" and given up on the effort to rebuild the safety zone, said Sen. Joe Manchin, D-W.Va. Instead, Manchin said, they made it known to federal officials and members of the Congressional delegation how important it was not just to Charleston and Kanawha County, but to the state, that the safety zone be restored.

"Cooperation by elected officials doesn't happen without a reason for it to happen," Manchin said. "We work together well when the issue is not about politics but about the good of the State of West Virginia."

"It was a collective effort," said Rep. Evan Jenkins, R-W.Va., who engineered an agreement with Rep. Bill Shuster, R-Pa., chairman of the House Transportation and Infrastructure Committee, to insert language in the omnibus spending bill overriding a restriction on using federal disaster aid money to pay for rebuilding Yeager's EMAS bed. In a matter involving the state's transportation infrastructure and public safety, "you don't pay attention to party or district lines," said Jenkins.

"We can all work together for something that is very important to the state," said Sen. Shelley Moore Capito, R-W.Va.

"We were told Yeager was not eligible for replacement of its EMAS, but we decided not to take no for an answer," said Kanawha County Commission President Kent Carper.

Yeager Airport Director Terry Sayre thanked the congressional delegation for their perseverance in pursuing federal funding to rebuild the safety zone. "It took us two and a half years to clear Keystone Drive and get the funds to start rebuilding, but now we're ready to start."

The $13.5 million grant will pay to design the safety overrun rebuild, prepare the required pre-construction environmental studies; build a retaining wall on an existing terrace off the south end of what remains of the safety overrun area to add enough runway-level fill to accommodate a 352-foot EMAS bed; and order the EMAS blocks, delivery of which is now backlogged for nearly one year, according to Sayre.

About 70,000 cubic yards of fill removed from the collapsed safety zone, now stockpiled on airport property, will be recycled for use in supporting the new EMAS bed.

Sayre said core drilling work on the project could begin within the next two weeks. After that, "construction will begin as soon as it possibly can," he said. "We're anxious to get back to normal."

Loss of the previous EMAS bed required the airport to close a 500-foot section of runway to air traffic to serve as a temporary safety overrun area, reducing the space available for takeoffs and landings.

A second and final phase of construction, which Sayre said would cost an additional $8 million to $9 million, would pay to add fill behind the retaining wall, install the EMAS bed, and replace and upgrade navigation aids at the south end of the runway.

The EMAS system makes use of blocks of materials specially designed to break down under the weight of an airplane, bringing it to a stop much in the same way that crushed rock escape ramps along steep freeway grades bring trucks with failing brakes to a stop. In January 2010, Yeager's EMAS bed brought a regional jet with 34 people aboard to a safe stop following an aborted takeoff attempt.

Having the EMAS area restored "will let us continue to attract the carriers we need to bring people to the state of West Virginia," Manchin said.

In other news regarding the Charleston airport on Monday, Yeager officials announced the settlement of one undisclosed portion of a lawsuit against Triad Engineering, which designed the engineered fill area supporting the former EMAS bed that collapsed in the March 2015 landslide.

The $900,000 settlement netted the Charleston airport $180,876 after legal expenses and fees were deducted, according to Ed Hill, president of Yeager's governing board.

Attorneys Scott Segal, Anthony Majestro and Tim Bailey, working on a contingency basis for the airport, incurred and fronted nearly $450,000 in expenses by hiring consulting engineers, deposing expert witnesses and performing other tasks, Hill said. The attorneys collected a total of $270,000 in legal fees, after waiving five percent of the 35 percent recovery fee called for in their contract with the airport.

"It was a relatively minor settlement, but it involved a time-intensive, very expensive process dealing with complex issues worked out by our counsel and attorneys for Triad," Hill said, "But it allows litigation to proceed."

"The airport has myriad claims against Triad, and we've settled a certain discrete claim" against the engineering firm, Segal said after a subcommittee of Yeager's governing board approved the settlement. "This is just the tip of the iceberg."

"We look forward down the road to a much higher amount of settlement money," said Hill. Depositions taken by expert witnesses by the three attorneys would be available for use in other phases of the lawsuit, he added.

Hill predicted that it would take until late next year or early 2019 for a complete resolution of Yeager's pending lawsuits to occur.

Reach Rick Steelhammer rsteelhammer@wvgazettemail.com, 304-348-5169, or Follow @rsteelhammer on Twitter.

Trial was delayed Monday for a man who is alleged to have shot another man and dropped him off at a Charleston Area Medical Center hospital.

Mark E. Broat, 27, was set to stand trial Monday morning, but Kanawha Circuit Judge James Stucky granted a continuance of the trial to allow Assistant Prosecuting Attorney Zoe Shavers personal time for family matters.

Broat's trial was rescheduled for 9 a.m. Sept. 25 in Stucky's courtroom in the Kanawha County Judicial Annex.

Broat will be tried on charges of kidnapping, attempted murder, wanton endangerment, prohibited person in possession of a firearm and malicious wounding.

Broat is alleged to have shot James Bradley Green on Dec. 21, 2016, and taken him to Charleston Area Medical Center's Women and Children's Hospital.

Broat allegedly shot Green twice near 2678 Conner Drive before placing Green in a U-Haul truck and driving him to the hospital, according to the criminal complaint filed in Kanawha County Magistrate Court.

Green reportedly told a Kanawha County sheriff's deputy that he shot one round near Green, but not at him, and he fired an additional four or five shots at him, two of which hit Green, according to the complaint.

Surveillance cameras at the hospital recorded Broat helping Green enter the hospital before leaving in the U-Haul truck, according to the complaint.

Reach Lacie Pierson at lacie.pierson@wvgazettemail.com, 304-348-1723 or follow @laciepierson on Twitter.

President Donald Trump has nominated a West Virginia State Police trooper to serve as U.S. marshal for the state's Southern District.

The president nominated 1st Lt. Michael Baylous, who now serves as a spokesman for the State Police, according to a Monday news release from the White House.

The U.S. Senate must still approve Baylous' nomination, and Baylous declined comment until the process is complete.

Baylous joined the department in 1994, according to the release. He previously served the Marine Corps Forces Reserves in Cross Lanes for about eight years.

He holds three academic degrees: a Master of Arts degree in government and public administration, a Bachelor of Arts degree in political science and an associate degree in political science.

U.S. marshals protect federal judges, apprehend fugitives, transport prisoners and protect witnesses, according to the release.

There are 94 U.S. marshals to protect each of the nation's federal court districts, according to the U.S. Marshals Service. They are assisted by thousands of deputy U.S. marshals and criminal investigators.

U.S. marshals serve a four-year term, and presidents usually choose a nomination based on the advice of senators from the same political party, according to the report.

Sen. Shelley Moore Capito, R-W.Va., recommended Baylous to Trump earlier this year, according to a statement released by her office on Tuesday afternoon.

"He has a long record of serving and protecting the people of West Virginia and a strong commitment to maintaining rule of law and public safety in our state," she said in the statement.

John Foster currently serves as U.S. marshal for the Southern District of West Virginia. He, too, worked as a trooper for the State Police.

In 2016, the federal agency arrested more than 88,000 fugitives, according to an annual report.

"The U.S. Marshals Service is the nation's oldest and most versatile federal law enforcement agency," the website states.

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