A vehicle hit a power pole on MacCorkle Avenue in South Charleston, resulting in power outages in the area Tuesday afternoon.

The wreck happened at about 12:30 p.m. in the 5100 block of MacCorkle Avenue Southwest, near Lester Raines Honda.

The vehicle damaged the pole and downed the lines. Both east and westbound lanes of MacCorkle and the Dunbar Toll Bridge were expected to be shut down for at least two hours for repairs. Kanawha County Schools said buses that typically travel over the bridge would be delayed Tuesday afternoon as a result.

The Young Writers Competition originally scheduled for this evening at South Charleston High School has been rescheduled for 6 p.m. today instead, as a result of the power outage affecting the facility.

About 1,800 customers were without power in Kanawha County as of about 5:30 p.m.

One person was taken to a local hospital. The dispatcher didn't know the extent of the person's injuries.

Traffic was being routed down Rock Lake Drive to the Kanawha Turnpike to Chestnut Street and back on to MacCorkle.

Putnam County is still successfully preparing for the upcoming election, despite a recent setback with its ballot.

The Board of Ballot Commissioners removed candidate Troy Sexton from the ballot after the West Virginia Supreme Court ruled Sexton ineligible to run for magistrate due to his previous misdemeanors involving moral turpitude, Putnam County Clerk Brian Wood told commissioners at their meeting Tuesday.

The ballot commissioners approved the new ballot and sent the proofs to the printer, Wood said. He hopes to get the ballots by March 25 for absentee voting. He reminded the public that early voting starts April 27 and runs through May 7.

"We feel like we're in a good place right now," Wood said.

The Putnam County Clover STEMS presented to the county commission as part of their preparation for their trip to the 2016 North American Championship for Lego robotics. The Putnam County team is the only West Virginia 4-H team to compete at the competition at Legoland in San Diego.

The team competes in the First Lego League, and will compete against 66 other teams from around the world in San Diego.

The four students who make the team are trying to raise $15,000 to cover the cost of their trip and registration fees for the competition. So far, they've been able to raise $5,000 through their GoFundMe Web page.

Assistant County Manager Jeremy Young presented three grant applications for the Justice Assistance Grant, Court Security Fund and Victim of Crime Act. The Court Security Fund would allow the Courthouse to buy and install security cameras outside the back of the building.

With the grant for the Victim of Crime Act, the prosecutor's office would be able to fund a part-time victim advocate.

Reach Laura Haight at laura.haight@wvgazettemail.com, 304-348-4843 or follow @laurahaight_ on Twitter.

Are timelines in the West Virginia Supreme Court public campaign financing rules guidelines or hard and fast deadlines?

The answer to that question could determine the fate of two candidates' campaigns for the nonpartisan election in May.

The Supreme Court will hear arguments today that Justice Brent Benjamin and Beckley lawyer Bill Wooton should retain close to $500,000 each in public campaign financing, saying the public interest in limiting the influence of outside money on judicial elections requires a liberal interpretation of the regulation.

A key issue is whether the candidates missed a deadline in the legislative rule to file for certification of their public financing with the State Election Commission - Wooton by one day, Benjamin by nine minutes.

Supreme Court candidate Beth Walker, who is challenging both candidates' public campaign financing, contends that there is a 30-year precedent in Supreme Court rulings to strictly enforce campaign deadlines, arguing that the legislation does not give the SEC "any discretion in carrying out its duties."

The commission, in February, ruled that the two-day filing deadline, which exists in the legislative rule but not in the law creating the Supreme Court public financing program, is arbitrary and unreasonable. Commissioners voted unanimously to certify Benjamin and Wooton for public financing.

Walker challenged Benjamin's certification in Kanawha Circuit Court, and Judge Tod Kaufman ruled that the SEC was clearly erroneous in certifying his campaign funding, stating, "Strict adherence to deadlines related to political campaigning is paramount."

That sent Benjamin's and Wooton's cases to the Supreme Court, which will hear arguments this morning.

In her brief, Walker argues that providing funding to the Benjamin and Wooton campaigns would be a "direct infringement" on her right of free speech.

"The SEC will force Walker, and presumably the other non-participating candidates, to spend or raise more money to exercise their own rights of free speech," Walker states.

In their briefs, Benjamin and Wooton countered that public financing of their campaigns in no way restricts Walker's ability to finance and promote her candidacy.

"That the certification of Mr. Wooton for funding might lessen Ms. Walker's prospects for winning the election is simply not a legally recognizable injury," Wooton's brief states.

Likewise, Benjamin states, "The mere fact that Benjamin's campaign will make it more difficult for Walker to compete is not a Constitutional violation. Rather, it is the very nature of a contested election."

Conversely, Benjamin and Wooton argue that de-certifying their campaign financing about six weeks before the May election would effectively disqualify them as candidates over what Benjamin called a "hyper-technical 'gotcha' objection."

"The purpose of the Act is ... to encourage and facilitate - not prevent - candidate participation in public campaign financing," Benjamin states in his brief. "The circuit court's order would undercut these purposes, creating a minefield of procedural barriers to certification, and ensuring that one minor mistake, even if promptly corrected, would require automatic disqualification."

Both candidates noted that that defies the intent of the law, which is to limit "the detrimental effects of increasingly large amounts of money being raised and spent to influence the outcome of elections, to protect the impartiality and integrity of the judiciary, and strengthen public confidence in the judiciary."

Additionally, briefs from Wooton and from the SEC note that the Walker campaign itself missed the deadline, in the public campaign financing rules, to file challenges of candidate certifications.

"If the rule for this proceeding is to be 'late is late,' then Walker's 'late' challenges were, frankly, late and cannot be entertained, and the SEC has no discretion or recourse to permit a late challenge," the SEC states, arguing that, in fact, the legislation gives the SEC discretion to interpret the law.

Before acting on Benjamin's and Wooton's applications for certification, the SEC, at its Feb. 4 meeting, voted to consider Walker's challenges, even though they were filed a day late. That was based on explanations by assistant counsel Tim Leach that the deadline for filing challenges, like the deadline for filing for certification, exists in the legislative rule but not in the law itself.

"The Act is reform legislation designed to allow public financing of judicial elections to curb the harmful effects of large private donations, and to protect the impartiality and integrity of the judiciary, and as a result, should be liberally construed to that end," the SEC brief states.

The four sitting justices recused themselves from hearing the cases, and Chief Justice Menis Ketchum appointed Senior Status Judge Thomas Keadle to serve as chief justice.

Keadle, in turn, appointed circuit judges John Hatcher of Fayette County, James Mazzone of Ohio County, Thomas Evans III of Jackson County and Senior Status Judge James Holliday of Putnam County, the hear the cases.

Reach Phil Kabler at philk@wvgazettemail.com, 304-348-1220, or follow @PhilKabler on Twitter.

Federal prosecutors filed arson and witness tampering charges against a Winfield insurance agent on Tuesday.

Jimmie Harper Jr., 36, is accused of setting fire to his home last year inside the Stonegate subdivision in Teays Valley.

In a separate set of allegations, Harper also is accused of trying to influence the testimony of an alleged kidnapping victim from Raleigh County.

The charges against Harper were filed Tuesday in the form of an information, which can't be filed without a defendant's consent and usually signals a defendant is going to plead guilty and cooperate with prosecutors.

Assistant U.S. Attorney Monica Coleman also Tuesday filed a motion asking a judge to set a "guilty plea hearing" for Harper.

Harper was arrested late last month after a State Police trooper wrote in a criminal complaint about the allegations surrounding the witness tampering charge.

Harper allegedly tried to prevent a woman, identified only as "M.S." in court documents, from providing information to a grand jury that would result in an indictment against his longtime friend Seth Timothy Radcliffe, 31.

Radcliffe has been charged in federal court with kidnapping his ex-girlfriend from her Coal City home in December. He allegedly shot through the door of her parent's home on Racetrack Road and took her to North Carolina.

Federal prosecutors say they have recorded telephone calls between Harper and an incarcerated Radcliffe in which they discuss plans for Harper to meet with M.S. and her mother. Harper allegedly says he will give the mother and daughter a letter written by Radcliffe containing what he wants them to tell police about the kidnapping claims.

It was Harper and Radcliffe's plan to use the letter provided by Radcliffe to influence the testimony of M.S. and her mother to get the kidnapping charge thrown out, according to charging documents against Harper.

Harper allegedly met with M.S. and her mother on Jan. 24 at a convenience store. The meeting took place inside Harper's vehicle.

During the meeting, Harper asked his passenger to read out loud the letter Radcliffe had written. Unbeknownst to Harper, the passenger in his vehicle was acting as a confidential informant for law enforcement and recorded the meeting.

"Harper emphasized to M.S. that Harper needed the kidnapping charges to go away because of the severe penalties that attach to the kidnapping charges," Trooper First Class Christopher Thornton wrote in the criminal complaint against Harper.

Harper also allegedly told M.S. that Radcliffe would have her back for the rest of his life for "not putting the charges on him," according to the complaint.

Harper instructed M.S. to stay away from little details that could be detrimental to Radcliffe and that if M.S. were asked something damaging to respond with "I don't know" or "I don't' remember," the trooper wrote in the complaint.

Harper told M.S. he would send her a copy of the letter to go over again before the grand jury met and asked her for her email address.

In another recorded call, which prosecutors allege is between Harper and Radcliffe, Harper tells his friend that he met with M.S. and her mother for two hours and went over everything in the letter several times.

In preparation for their grand jury testimony on Jan. 26, M.S. and her mother met with law enforcement. M.S. initially gave an account of the events of the alleged kidnapping consistent with the version detailed in Radcliffe's letter, according to charging documents. Her mother, though, immediately told police about meeting with Harper. M.S. eventually changed her story and Radcliffe was indicted.

A grand jury subpoena was served Feb. 9 on Harper for the letter in his possession allegedly written by Radcliffe.

The day he received the subpoena, Harper allegedly told someone who was working as a confidential informant to throw a portion of the letter out of his car window, along Interstate 77, the trooper wrote.

The portion of the letter Harper wanted rid of allegedly included points by Radcliffe that he felt were critical to his case, the trooper wrote. For example, Harper instructed the informant to remove a page of the letter that stated if M.S. makes certain statements, "That's a bullet to my head," the trooper wrote.

On Feb. 22, Harper and his attorney met with prosecutors and were presented with clips from recorded jail calls between him and Radcliffe, along with a clip from his meeting with M.S., her mother, and the informant who was in the car with them.

After the meeting, it was disclosed to Harper's attorney that law enforcement utilized a confidential informant to record the meeting in the car, the trooper wrote. Later that day, Harper allegedly picked up the informant and drove to a remote location. He had the informant strip to determine whether they were wearing a wire, the complaint states.

Harper then allegedly began questioning the informant about whether they had been cooperating with police.

"Harper did knowingly conspire and agree with persons known to the United States Attorney to use intimidation, threaten, and corruptly persuade another person." the information states.

Harper has been held in the custody of U.S. Marshals without bail since he was arrested Feb. 27.

According to his website, Harper owns an insurance agency that offers Nationwide on Winfield Road.

Last September, eight fire departments responded to a fire at his home in the upscale Stonegate subdivision in Teays Valley.

Harper allegedly "did maliciously damage and destroy, and attempt to damage and destroy by means of fire and explosive material, 7 Stonegate Drive," the arson charge filed Tuesday against him states. Harper's alleged actions resulted "in personal injury to a public safety officer performing duties."

A Teays Valley firefighter was injured while inside the house, according to previous Gazette-Mail reports. The blaze started at about 6 a.m. and completely gutted the house, according to previous reports.

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

Federal prosecutors on Tuesday asked a judge to schedule a "guilty plea hearing" for a Charleston neurologist facing a charge of violating a federal record-keeping law involving controlled substances.

Dr. Iraj Derakhshan was charged Monday with failing to report or record information regarding the dispensing of a Schedule II controlled substance to a patient on June 18, 2015.

The charge carries a maximum four-year prison sentence.

Derakhshan's medical license earlier this year was suspended for three years after he failed to keep appropriate medical records and didn't provide patients proper instructions for the use of controlled substances. He appealed the state Board of Medicine's decision suspending him.

A short trip to wish a loved one good-night turned into a night in the woods for a 7-year-old Mason County girl who went missing Tuesday and was found safe Wednesday morning.

Deliah Mae Clark, of Southside, walked out of the woods near her Jeffers Ridge Road home early Wednesday after spending the night in the woods with her two dogs, said Mason Sheriff Greg Powers.

Mason sheriff's deputies and West Virginia State Police troopers were talking to news reporters near Deliah's home when she came walking up the road wearing the same short-sleeved shirt, pants and tennis shoes in which she'd last been seen.

Deliah was taken to an area hospital to be examined and later spoke with police. She was not injured and investigators found no signs of abuse or foul play, Powers said.

"Her story to us was that one of her dogs ran off and that she chased off after it," Powers said. "She told us she spent the night in the woods."

Deliah told deputies she'd walked with her two dogs across Jeffers Ridge Road to her great-grandfather's house that evening to kiss him and tell him good-night, the sheriff said. The great-grandfather lives across the road from the home Deliah shares with her mother, stepfather and grandparents.

Powers described the rural Jeffers Ridge Road community as "tight knit" and said a number of people who live in the area are related.

Her family grew worried when Deliah hadn't returned home by 7:45 p.m. and began searching the area for her. The family called the sheriff's department to report the girl missing at about 9 p.m., Powers said.

Deputies searched the area with assistance from the State Police and Point Pleasant police and firefighters and many volunteers. Powers said the Mason sheriff's department was fortunate to have such a good rapport with the other agencies in the area.

"There was quite an outpouring of people there to help," Powers said.

Point Pleasant police, Barboursville police and the State Police provided dogs to help track the child. Troopers used a helicopter with equipment to track heat sources on the ground to look for the girl but had no luck, the sheriff said. The Jackson County Sheriff's Department was rounding up divers Tuesday night to search a farm pond in the area, he said.

No Amber Alert was issued. The Mason County Emergency Management Agency posted on Facebook that the incident did not meet the requirements for such an advisory.

"The Amber Alert requirements are very specific for abduction and at this time they have not issued one," the agency wrote. "That comes from above our heads at the county level."

"There's a lot of people who live out in that area who showed up on four-wheelers and on foot, ready to go out and look," Powers said. "I had countless messages from people on Facebook saying things like, 'My children went to school with her, if you need anything or need us to help look.'"

Powers did not know Wednesday where in the woods the child and her dogs spent the night. She was safe with her dogs, he said. He said it's possible those searching for the child simply missed her.

"It happens unfortunately, searching in the woods in the pitch dark," he said. "There's been cases when rescuers were within 5 or 10 feet of the person and they just got scared and hunkered down."

Powers said he is thankful for the girl's safe return and also for the help of all of those who aided in the search.

Staff writer Erin Beck contributed to this report.

Reach Ashley B. Craig at ashley.craig@wvgazettemail.com, 304-348-1244 or follow @ashleybcraig on Twitter.

Less than two-and-a-half hours after they heard two hours of oral arguments Wednesday, acting West Virginia Supreme Court justices overturned lower court rulings and upheld the awarding of nearly $500,000 each in public campaign financing to Supreme Court candidates Brent Benjamin and Bill Wooton.

Citing the need to expedite the matter in advance of the May 10 judicial elections, the high court issued the order reversing the circuit court rulings and upholding public campaign financing for the two candidates, with opinions to follow "in due course."

During the hearings earlier Wednesday, the acting justices repeatedly raised questions about whether it would be arbitrary and capricious to deny the candidates public campaign financing because of procedural errors they made in filing for the funding.

"To me, it's like putting someone in the state penitentiary for 10 years for petit larceny," acting Chief Justice Thomas Keadle said of lawsuits filed by challenger Beth Walker to disqualify Justice Brent Benjamin and Beckley lawyer Bill Wooton from receiving funding under the new Supreme Court public campaign financing law.

Acting Justice John Hatcher seemed to pick up on the theme, asking, "If I postmark my last expenditure report a day late but I win the election, am I disqualified from office?"

However, Pittsburgh attorney Thomas Ryan, representing Walker, argued before the court that it is critical to follow the letter of the law, even to the extent that it would require revoking campaign financing for Benjamin and Wooton.

"This is an important program for the state. This is an important program for this court," he said. "It must be done right. It must be done beyond reproach."

Walker challenged public campaign financing for both candidates, contending that they missed the deadline for filing a certificate for funding with the State Election Commission.

Additionally, Walker contended that Benjamin missed a deadline for filing an exploratory campaign financing report that predated his decision to seek public financing, and that some of the contributions needed to qualify for public financing lacked proper signatures.

Attorneys for Benjamin, Wooton and the SEC argued that the commission has discretion to give candidates leeway on deadlines that exist only in legislative rule and not in the public financing law itself.

"There's simply no reason for the rule to create an exceedingly short deadline of two days," attorney Bob Bastress, representing Wooton, said of the deadline for filing certification for public financing.

Acting Justice Tom Evans noted that filing late would hurt only the candidate, by delaying the time he or she receives the public financing, commenting, "If you file it 15 or 20 days after you can or should, the candidate punishes himself."

However, Ryan said strict deadlines are critical to the integrity of the program, telling the court, "It is a dangerous path to go down for the secretary of state, with the State Election Commission, to have discretion to enforce these deadlines. It's the appearance of favoritism."

Attorneys for Benjamin and Wooton also challenged the claim that Walker's campaign - which is strongly backed by business and insurance interests - will be adversely affected if the challengers received public financing.

"She is as free as ever to promote her candidacy," Bastress said. "The decision to fund Wooton placed no restraints whatsoever on Ms. Walker's ability to campaign."

Spencer Elliott, attorney for the SEC, said that if the commission is obligated to follow a strict construct of the law, with no room for discretion, then Walker's challenge never should have gotten to circuit court - she missed the deadline to file challenges of public campaign financing applications with the election commission.

"If the rule is, 'late is late,' it has to be consistent, and it wasn't in the circuit court order," Elliott said.

Ryan argued that Walker had no choice but to file the challenges after the deadline, since the other candidates' filings for certification also missed their deadlines.

Walker's campaign raised additional grounds to disqualify Benjamin, including that about 190 of his qualifying contributions were electronic transfers using PayPal and lacked accompanying signatures required under the law.

However, Benjamin attorney Jonathan Marshall cited a state law that permits electronic signatures on official documents.

"The law is, if a law requires a signature, an electronic signature satisfies that requirement," Marshall said, elaborating that, under the law, an electronic signature is anything that verifies the identity of the sender, such as a PayPal account.

"What this boils down to is the [SEC] used its discretion to interpret this Act," Marshall said of the election commission's unanimous votes to certify campaign financing for Benjamin and Wooton.

Ryan argued that giving the SEC discretion to interpret the public campaign financing law would destroy the integrity of the program.

"This is a program to restore integrity and ensure fairness in judicial elections," he said. "To participate in the program, you must follow the rules."

Afterward, Wooton campaign manager Joe Safety said he was pleased with the quick action of the court.

"We are very pleased with the prompt decision of the court," Safety said. "We are disappointed that our opponent hired attorneys from an out-of-state international law firm to file the complaint against our campaign. It forced us to waste valuable time defending ourselves against what were frivolous allegations.

"Today's ruling is a victory for what is right and an example of how well our system of justice works."

Meanwhile, Walker campaign director Joe Reidy commented, "Beth Walker certainly respects the decision of the court, but we will make no apologies for standing up for the rule of law and the taxpayers in filing a challenge to them accessing the money."

As a party in the case, Benjamin recused himself, as did the four other sitting justices. A panel of circuit court and senior status judges were appointed to hear the cases.

Reach Phil Kabler at philk@wvgazettemail.com, 304-348-1220 or follow @PhilKabler on Twitter.

Federal agents say they found a journal kept by a former University of Charleston student who was expelled over allegations that he stole thousands of dollars worth of textbooks and computer equipment from the school.

"Getting passwords, stealing books, setting up fake accounts, stealing tech, buying stuff," states a handwritten page in a notebook agents say they found in Adam St. Clair's bedroom.

St. Clair's home on Sherwood Road was searched last fall after he was expelled from UC. He hasn't been charged with a crime, but more documents about the federal investigation of him were unsealed this week.

FBI Special Agent James Harrison II wrote in an affidavit earlier this year that he was investigating "criminal wrongdoing that took place at the University of Charleston" between September 2014 and September 2015. Several UC teachers reported textbooks, Apple TVs and computers being stolen from locked offices in university buildings, according to the affidavit.

In May 2015, school employees discovered a "keystroke logger" - a device that, when plugged into a computer, records what people type - inside a computer cabinet in UC's Clay Tower, according to the affidavit. UC's information technology department allegedly restored some deleted data on the device and found it had recorded log-in information for several UC students and professors.

School employees found a store on Amazon.com named "Robin Hood Literature," where they found many of the same textbook titles that had recently been stolen from UC's campus, according to the filing.

A UC professor learned of the site and ordered a textbook like one that had been stolen from her office. When the package containing the textbook was delivered, the return address was St. Clair's Sherwood Road home, according to the affidavit.

UC security personnel confronted St. Clair on Sept. 24. According to the affidavit, St. Clair had a keystroke logger identical to the one found in the cabinet; two thumb drives; a "swipe card" used to gain entrance around the campus; and four metal door keys to UC buildings, the affidavit states.

The next day, St. Clair allegedly returned college textbooks, electronic equipment and other items which were later determined to have been stolen from buildings on campus, according to the federal filing. UC officials estimate St. Clair returned about $30,000 worth of items. He was expelled that day, court documents state.

In another affidavit unsealed Monday, Harrison wrote that when agents searched St. Clair's home on Nov. 18, they located a notebook with an entry describing the process of using key-logging devices to obtain information from the computer system at UC.

"The writer speaks of using 'bump keys' to break into offices, connecting a key-logging device to the computer located within the breached office, leaving the device connected there for a time and thereby obtaining 'CC numbers, alt email info etc.' ... that can be used to 'change grades, send emails,'" Harrison wrote. He added that he believes "CC" refers to credit cards.

In the latest affidavit, Harrison also states that during the search of St. Clair's home, agents found three small boxes for key-logging devices that are consistent with the one found in a room at UC and another, which St. Clair turned over to school security officers.

The key-logging device found in a computer room of Clay Tower at UC contained "personal identifying information of many people and inasmuch as the capture of that information is consistent with the modus operandi set forth in the handwritten journal entry found in St. Clair's bedroom," Harrison wrote.

Calls to the phone number listed for St. Clair's home on Sherwood Road have gone unanswered.

UC spokesman David Traube said in January that he could confirm only that St. Clair is no longer a student at the school "and there is an ongoing legal situation surrounding it."

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

A federal judge on Wednesday scheduled a plea hearing for next month in the case of a Charleston neurologist charged earlier this week with violating a controlled substance record keeping law.

Dr. Iraj Derakhshan is accused of failing to report or record information regarding the dispensing of a Schedule II controlled substance to a patient. The charge was filed Monday in the form of an information which can't be filed without a defendant's consent and typically means a defendant has agreed to plead guilty.

U.S. District Court Judge John Copenhaver set a plea hearing for April 6. Prosecutors had asked the judge Tuesday to schedule a "guilty plea hearing" for the beleaguered doctor. The charge Derakhshan faces carries a maximum four-year prison sentence.

Last month, the West Virginia Board of Medicine suspended the neurologist's medical license for three years, finding that he failed to keep appropriate medical records and had provided improper instructions for the use of controlled substances. Derakhshan has appealed the suspension to a Kanawha Circuit Court judge.

Derakhshan was stripped last June of his DEA registration number, which is needed to prescribe drugs, after ranking several times among the top prescribers of controlled substances in the state and also being the subject of complaints and lawsuits containing allegations of over prescribing addictive painkillers.

An elderly female driver took out the gate and fencing at the Kanawha County Sheriff's Office headquarters, among other damage, on Thursday afternoon.

She pulled up to the gate to press the button on the intercom, but then drove through the gate and into the post on which the gates are mounted, went into the flower beds by the Dumpsters, then took out fencing that hides the generators for the building, Sgt. Brian Humphreys said.

The incident happened at about 12:15 p.m. at the sheriff's office at 301 Virginia St. East.

Humphreys didn't know what caused the incident.

A Beckley Correctional Center inmate who had been granted work release is being charged with felony escape after failing to return from employment, according to a corrections official.

Dawn Amber Martin, 32, of Lesage, did not return from employment Wednesday evening and was taken into custody Thursday afternoon in Beckley, said Jim Rubenstein, commissioner of the West Virginia Division of Corrections.

She will now go to Lakin Correctional Center, Rubenstein said. Lakin is a maximum security facility in Mason County and the only all-female correctional facility in the state. Beckley Correctional Center is a minimum security facility. The felony escape charge carries a possible sentence of one to five years.

"I don't quite understand it because they're at the lowest level of our classifications," Rubenstein said. "They're out working and earning and are able to save money at this low level. They even have the opportunity to earn 72-hour furloughs... Sadly we have some of these."

Martin was originally charged with forgery or uttering, fraud with an access device and failure to appear after being released on bond. Rubenstein said those charges were out of Cabell and Raleigh counties.

After being convicted of sexual assault and serving 25 years in prison based on false testimony from former West Virginia State Police serologist Fred Zain, a former Charleston Wheelers baseball player will be released or given a new trial as a result of a "complete miscarriage of justice," a federal judge ruled Friday.

The state has 60 days to either retry Jimmie C. Gardner or release him from prison, U.S. District Court Judge Joseph Goodwin wrote in an order Friday.

Gardner, 49, was convicted in 1990 of sexually assaulting a Kanawha City woman and beating her mother in the summer of 1987. He was sentenced by Kanawha Circuit Judge Paul Zakaib to spend up to 110 years in prison.

Gardner's trial was tainted by false testimony provided by Zain, whose discredited work resulted in millions of dollars paid to wrongfully convicted defendants. Zain was awaiting trial on fraud charges when he died of cancer in 2002 at age 52. Those charges stemmed from testimony he provided during criminal trials while he was head of the State Police chemistry lab from 1986 to 1989.

"Jimmie C. Gardner - an inmate at Mount Olive Correction Complex whose trial was tainted by Zain's false testimony - was one of many denied a fair trial during Zain's tenure," Goodwin wrote. "Unfortunately for Gardner, the mockery of justice has endured: the state circuit court has failed to rule on the merits of Gardner's habeas corpus petition to this day, delivering a complete miscarriage of justice."

In 1993, a team of scientists called in by the West Virginia Supreme Court to review Zain's work found that his testimony in Gardner's case, like the testimony he gave in dozens of other cases, was bogus. They said Zain should have reported that the test results ruled out Gardner as the rapist.

Based on those results, the high court ruled in 1994 that all prisoners whose cases Zain testified in during his 12 years as a State Police serologist could ask for new trials - if they first submitted to new DNA tests.

But Zakaib found that Gardner would have been convicted regardless of Zain's testimony. He ruled that Gardner couldn't have a new DNA test and turned down his request for a new trial.

Since then, the Supreme Court ordered multiple times that Gardner be granted a hearing in Kanawha County Circuit Court, to review whether Zain had tainted his case. But Zakaib, who retired in 2014, never ruled on Gardner's arguments about Zain.

"The Circuit Court of Kanawha County has avoided a final ruling on the merits, despite being ordered to conduct a full evidentiary hearing multiple times by the [Supreme Court]," Goodwin wrote. "Gardner has been in legal purgatory: the state courts have deprived him of the relief he seeks, but because they have not officially denied his petitions on the merits, he has been unable to turn to the federal courts for relief."

Goodwin excused Gardner from having to exhaust appeals through the state before proceeding in federal court.

Jurors in Kanawha convicted Gardner, of Tampa, Florida, of first-degree sexual assault, aggravated robbery, assault during the commission of a felony and breaking and entering in connection with the assault on the woman and her 82-year-old mother.

The assault occurred at about 7 a.m. on May 16, 1987, as the two women were preparing to have coffee on their patio. The mother was beaten, the daughter was sexually assaulted. About $90 and a cassette player were taken.

The jury acquitted Gardner of charges related to a second sexual assault, on July 24, 1987. At the time, he was a pitcher for the Wheelers, then the name of Charleston's minor league baseball team.

None of the victims could identify Gardner as their assailant in court. The victim from the July attack told police someone else assaulted her, according to previous Gazette-Mail reports.

Zain was a critical prosecution witness at Gardner's trial and provided expert testimony that, based on his serology analysis, Gardner could not be excluded as the perpetrator, Goodwin wrote Friday. Attorneys for the state and Gardner now stipulate, however, that Zain's lab reports did exclude Gardner as the perpetrator.

Gardner was blood type A, yet the seminal fluid identified on a vaginal swab from the woman was type O, Friday's order states.

Apart from Zain's forensic testimony, the evidence linking Gardner to the attack was testimony that a fingerprint lifted from a vase at the women's home matched Gardner. At trial, the woman couldn't identify Gardner as her assailant, although she testified that she had clearly seen her attacker.

"The issue before the court is the constitutionality of holding a man in prison for more than twenty-five years after the state convicted him using false testimony and the state circuit court inexplicably allowed his habeas petition to languish for over two decades," Goodwin wrote.

Zakaib couldn't be reached Friday for comment.

Kanawha Prosecuting Attorney Charles Miller had not yet seen Goodwin's order on Friday afternoon and said he wouldn't comment about whether he plans to retry Gardner until he reads it.

Gardner is represented by attorneys with the federal Public Defender's Office. Christopher Dodrill and Shannon Frederick Kiser, with the West Virginia Attorney General's Office, represented the state.

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

Police say a Charleston man was found unconscious at a doughnut shop after breaking into a Charleston veterinary clinic and stealing drugs last week.

Another Kanawha County veterinary clinic was burglarized days earlier, but police have not made an arrest in that case.

Police say that, on March 18, Grant Mcmillion Crul, 26, of Charleston, broke into the Good Shepherd Animal Hospital, at 3703 MacCorkle Ave., Charleston. He is charged with breaking and entering, according to a criminal complaint filed in Kanawha County Magistrate Court.

Charleston police Lt. Steve Cooper said Crul was found a short time after the burglary, at about noon.

"He was found at the Donut Connection, unconscious, and taken to the hospital and, ultimately, charged with breaking and entering," Cooper said.

Cooper didn't know what drugs Crul allegedly had taken. Police still are waiting for toxicology results.

Police say Crul was seen on surveillance video at the business. He allegedly was found with medications stolen from the clinic.

Police also said that on March 13, someone broke into Dunbar Animal Hospital, at 1419 Dunbar Ave., and stole drugs. No one has been arrested.

Dunbar Detective J.A. Payne said Dunbar police are working with Charleston police.

"We're investigating the possibility that the Charleston and Dunbar incidents are connected," he said. "We have leads and we're still working on the case."

Dr. John Banning, owner of the Dunbar Animal Hospital, said it's not uncommon for veterinary clinics to be targeted. His business was broken into once before, about 10 years ago.

"If you talk to the veterinarians in the Valley, probably most of the clinics have had a break-in at one time or another over the years," he said.

Banning said they aren't sure how the thief got inside the building but he or she might have entered through a window. The person broke a safe and stole valium, which is a benzodiazepine that treats anxiety, and phenobarbital, a barbiturate that treats seizures and anxiety. The person also stole injectable ketamine. Ketamine, used medically as an anesthetic for humans and animals, is a dissociative drug with psychedelic and antidepressant properties.

"They knew what to take and what not to take," Banning said. "They were deliberate as to what they took."

He said the person also took some electronic equipment and medical supplies.

He is still determining the total cost of what was stolen, but said the business can absorb the loss. No damage was done to the building.

"We were lucky that no animals were harmed, and anything that was taken can be replaced," he said.

The owner of the Good Shepherd Animal Hospital did not return calls.

The Dominion Post reported in 2011 that Crul, while living in Morgantown, was charged with felony escape and that a bench warrant was issued when he failed to appear for a hearing on a felony charge of possession with intent to deliver controlled substances.

The newspaper also reported that Crul was wanted by Putnam County authorities, who were revoking his probation on daytime burglary charges. Police said he fought with a Morgantown police officer when he was arrested. They said he attempted to bite and kick the officer.

The Herald-Dispatch reported in 2008 that Crul was charged with felony grand larceny and destruction of property in Putnam County.

Breaking and entering, a felony, is punishable by one to 10 years in prison.

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

Three bail bondsmen from North Carolina were arrested Thursday in Charleston after police say they violently tried to apprehend a man.

Terrence Lamont Holloway, 57, of New Bern, North Carolina, and Marion Muhammed Reddick, 40, and Michael Pernell Foust, 50, both of Greenville, North Carolina, aren't authorized to work as bondsmen in West Virginia, according to criminal complaints filed against them in Kanawha County Magistrate Court.

Despite not being allowed to work as bondsmen in West Virginia, the men attempted to apprehend Joseph Gibbons, who was riding a motorcycle near the intersection of Lee and Ohio streets, on Charleston's West Side, Thursday evening, according to police. Misti Cochran was riding as Gibbons' passenger on the motorcycle.

The men opened a car door into the motorcycle, causing it to crash, according to police. The motorcycle was damaged, the complaints state.

Gibbons was held at gunpoint and the bondsmen tried to stuff him into their vehicle, according to police. He was placed in handcuffs and leg restraints.

People who witnessed the incident called Kanawha Metro 911 dispatchers to report the it. When police arrived, the men were holding Gibbons at gunpoint, the complaints state.

To work in West Virginia, bondsmen must first register with the State Police, according to police. All three men are charged with failing to register as bail bonds enforcement.

They also are charged with battery, unlawful restraint and prohibited conduct. Holloway is charged with reckless driving. Reddick and Foust are charged with brandishing deadly weapons.

Holloway was wanted in North Carolina on a charge of failing to pay child support, police said, adding that, in 2014, he was charged with second-degree kidnapping, extortion and attempting to obtain property by false pretenses.

The bondsmen didn't have any paperwork to prove Gibbons was a fugitive, the complaints state. His name couldn't be found in a national database, according to police.

Magistrate Mike Sisson set a $25,000 cash-only bail. The men were being held Friday in the South Central Regional Jail.

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

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 March 18 and 25:

Michelle Dawn Walker, Ripley, Chapter 7. Assets: $9,957.45, Liabilities: $62,887.

Jessica Renea Browning, Ranger, Chapter 7. Assets: $54,686, Liabilities: $110,034.

Phillip Stanley and Regina Mae Moore, Harts, Chapter 7. Assets: $112,611, Liabilities: $98,188.

Benjamin Marshall and Amanda Nichole Dove, Fayetteville, Chapter 7. Assets: $93,415, Liabilities: $127,293.

Jason Ray Marsh, Given, Chapter 7. Assets: $108,416, Liabilities: $129,739.

William David Dillon, Delbarton, Chapter 7. Assets: $102,006, Liabilities: $47,433.

Clyde Edward Jr. and Jeanie Ann Scarberry, Chapter 7. Assets: $55,050, Liabilities: $69,633.

Brian James Cress, Charleston, Chapter 7. Assets: $15,995, Liabilities: $26,754.

McCellen Cliff and JoAnna Lynn Griffin, Williamson, Chapter 7. Assets: $73,721, Liabilities: $70,522.

Gary Ray Dotson, Lewisburg, Chapter 7. Assets: $123,259, Liabilities: $182,415.

David Brian and Annette Louise Cox, Ronceverte, Chapter 7. Assets: $141,820, Liabilities: $138,959.

Steven Lane and Alice Faye Cooper, Beckley, Chapter 7. Assets: $111,556, Liabilities: $214,083.

Gary Lee Ray, White Sulphur Springs, Chapter 7. Assets: $46,590, Liabilities: $91,891.

Darrell Gene and Peggy Gail Peters, Glen Daniel, Chapter 7. Assets: $122,762, Liabilities: $300,767.

B&L Excavating Co. Inc., Lynco, Chapter 11. Assets: Unknown, Liabilities: Unknown.

Timmy Jr. and Angelena Rose Tackett, Williamson, Chapter 13. Assets: $88,830, Liabilities: $106,086.

Maurice Mitchell Mollett, Logan, Chapter 13. Assets: $264,642, Liabilities: $419,912.

Terance Ray Nalley, Lewisburg, Chapter 13. Assets: $54,025, Liabilities: $93,836.

Marriages

The following people applied for marriage licenses between March 17 and 24:

Noah Storm Webb, 19, of East Bank and Victoria Kathryne Cooper, 19, of Cabin Creek.

William Eugene Cooper II, 33, of Marmet, and Charlene Ann Cooper, 33, of Charleston.

Eliodoro Salazar Penaloza, 41, and Michelle Dawn Tharp, 42, both of Charleston.

Brandon Lee Chandler, 20, of St. Albans and Casey Marie Carpenter, 18, of Nitro.

Brian Scott Bryant, 31, of St. Albans, and Sophie Paige Samples, 28, of Dunbar.

Kyle Timothy Henning, 24, of Glenview, Illinois and Megan Elizabeth Radcliff, 25, of Charleston.

Nicholas Alexander Quinn, 20, and Cathaleena Consuela Castillo, 19, both of Cedar Grove.

Donald Ray Raynes, 62, and Melissa Jane Kinnaird, 44, both of Charleston.

Joseph Raymond McClung Jr., 68, and Joyce Lynn Bobrycki, 42, both of Charleston.

Timothy Michael Trimble, 24, and Rodney Christopher Moyner, 30, both of St. Albans.

Nathaniel Lawrence Jr., 41, and Belinda Kaye Livingston, 49, both of Dunbar.

Adam Ray Sampson, 31, and Alison Hope Paxton, 25, both of St. Albans.

Myron Dewayne Daniels, 61, and Rebecca Ann Hodge, 46, both of Charleston.

Jonathon Brady Carr, 20, and Cedele Annale Pauley,18, both of Charleston.

Zachary Adam Burkhammer, 25, and Jessica Renea Koch, 28, both of Nitro.

Bobby Leigh Robinson Jr., 49, of St. Albans and Tresa Lynn Erby, 44, of Cross Lanes.

Kevin Derrick Johnson, 44, of Walton and Shannon Elaine Campbell, 36, of Pond Gap.

Brandon Taylor Cooper, 31, and Tiffany Ann Kidd, 27, both of St. Albans.

Gene Terry Corns Jr., 39, and Tara Michele Helems, 27, both of Nitro.

Divorces

The following people filed for divorce in Kanawha County between March 17 and 24:

Jennifer Lynn Hammons from Edmond Alan Hammons

Cynthia Denise Kirk from Keith Edward Kirk

Angela Marie Lacy from Christopher Wayne Lacy

Emily Dawn Nelson from Jeremiah Earl Nelson

Heather Nacole Westfall from Joseph Allen Westfall

Sara Jean Baria from Billy Joe Baria

Pamela Lynn Kesling from Paul Lucas Kesling

Treasa Rena Wynegar from George Daniel Wynegar

Leonard Allen Johnson from Norlene L. Johnson

Alissa Marie Ramey from Jody Allen Ramey

Pebbles Mavis South from Cammie Corine McIver

Hannah Catherine Fridley from Dustin Michael Fridley

Brenda Luanne Tanner from Michael R. Tanner

Jessica Lynn Miller from Bruce Lee Miller

Christina M. Walters from Harry C. Walters

Kristen Leigh Medford from Justin Andrew Messinger

Rebecca White Rickaby from Joseph William Rickaby

Holly Ann Rowland from Mikia Gene Rowland

David Jerome Fortune from Prinica Knox

Imeesha Miller-Bradley from Xavier Bradley

Leonard W. Nunley from Ruth A. Williams Nunley

Gary Allen Tyler from Debbie Walker Tyler

Joshua Lee Huffman from Telisha Marie Huffman

Brenda Kay Brockett from Michael Wayne Brockett Sr.

Liza Dawn Sigman from Wesley Lee Sigman

Timothy Paul Cowan from Beth Ann Cowan

Property transfers

The following property transfers of $50,000 or more were recorded in Kanawha County between March 17 and 24:

Jesse B. Gandee II to Travis E. III and Amy Derrick Ellison. Lot, Charleston, $55,000.

Vanderbilt Mortgage and Finance Inc. to Virginia Love Hoffman-Oldham and Matthew Brian Oldham. Lot, Union District, $109,900.

Angela R. Mick to Andrew Marcel Luoni and Brian L. Gravely. Lot, Loudon District, $395,000.

Frank A. Morris to Timothy and Kathy A. Elswick. Lot, Cabin Creek District, $50,000.

Naveed Zaman to James D. Putney. Lot, Dunbar, $120,000.

Arun and Hemalini Nagarajan to Dearmond Arbogast. Lot, Charleston, $350,000.

Sallie F. McClaugherty to Kelly V. and Liam M. Rennie. Lot, Charleston, $670,000.

Daniel K. and Ruth A. Workman to Timothy Carter-Camp and Jamie Brooks. Lot, Loudon District, $100,000.

Andrew H. and Hallie Chillag Dunlap to Isaac Fields. Lot, St. Albans, $152,000.

Joshua and Andrea Sears to Rena McComas. Lot, St. Albans, $60,000.

David R. and Pamela Sue Darnold to Bryan H. Collier and Kimberly J. Pauley. Lot, Washington District, $72,000.

Joan M. Sullesta to Michael Robert Seabolt. Lot, Charleston, $412,500.

Randy L. Martin to Alecia Goad and Dillon Meadows. Lot, Charleston, $130,000.

Jeremiah and Jennifer Ferrell to Cathy W. Clark. Lot, Charleston, $205,000.

Joseph E. Rizzo to Holly A. Keil. Lot, South Charleston, $112,500.

Larry Dean Meadows to Lori A. Meadows. Lot, Charleston, $56,300.

GCH LLC to EVIDA Technology LLC. Lot, Dunbar, $115,000.

Travis and Jill Rose to Jeffrey S. and Jill L. Woodrum. Lot, Tornado, $130,000.

Jeffrey A. Carr, et al, to Stephen Owen Foster and Amy D. Blake. Lot, Charleston, $128,000.

Denver Scott and Carol Louise Bird to Summer S. Southall. Lot, Charleston, $69,000.

Judith Ann Boggess to Shawn Alexander Chillag and Shawn Harris Chillag. Lot, Charleston, $330,000.

David L. and Brenda K. Hanson to Richard A. Scott Sr. Lot, Charleston, $135,000.

Carla J. Anderson to Mark Morris and Aretta Jean Elder. Lot, Charleston, $100,000.

E. Keeley Steele to H&D Properties LLC. Lot, Charleston, $67,500.

County Commissioners Association of WV to A&M Properties and Investments LLC and Montani Properties LLC. Lot, Charleston, $100,000.

Tammy Taylor to Raymond Samuel Jr. and Deborah Lynn Daves. Lot, Charleston, $58,750.

Walter V. and Vivien L. Scriptunas. Lot, Elk District, $51,000.

Hereford & Riccardi PLLC to The Huntington National Bank. Lot, Elk District, $97,750.

Tryke Construction LLC to Jheri Jene' Collins. Lot, South Charleston, $265,000.

Shawn Joseph Lane to Charles Snodgrass III and Rebecca Rhodes. Lot, St. Albans, $143,500.

Nicole Danielle Coleman to Alice Faye Gunnoe. Lot, Jefferson District, $60,000.

Gary L. and Katheryn L. Prowse to Jamie Lee Prowse and Ashley N. Prowse. Parcels, Charleston, $200,000.

John Dolan and Ashley McDaniel to William G. and Rebekah M. Messer. Lot, Elk District, $183,000.

Darrell Wayne Mullins, Karen Lynn Allen, Susan R. Macy and Gina C. Guy to Gina C. Guy. Lot, St. Albans, $73,258.

David Paul Wise to Gregory Alan and Barbara Gaye Lewis. Parcels, Jefferson District, $295,000.

Ken M. and Melanie D. Samms to Jordan H. Pence. Lot, Jefferson District, $123,000.

Guy Alexander Smythe Walbe and Richard Tory Walbe to Jeremiah E. and Jennifer R. Ferrell. Lot, Charleston, $220,000.

Holly C. Kellam to Tommie Watson Sr. Lot, St. Albans, $56,000.

Lisa White and Tamberly Willis to Benjamen Craze. Lot, Charleston, $113,500.

Ashley Kersey Waybright to Austin W. Lewis and Morgan L. Carr. Lot, Dunbar, $55,000.

The following crimes were reported to the Charleston Police Department between March 17 and 23:

East District:

1500 Lee Street East, breaking and entering, March 17, 12:37 a.m.

Civic Center Drive 100 block, grand larceny auto, March 17, 11 p.m.

Lee Street East 200 block, shoplifting, March 18, 2:15 p.m.

Charleston Town Center, breaking and entering auto, March 18, 5:15 p.m.

Lee Street East 200 block, shoplifting, March 18, 6:45 p.m.

Morris Street 500 block, petit larceny, March 18, 7 p.m.

Charleston Town Center, breaking and entering auto, March 19, 5 a.m.

Lee Street East 200 block, grand larceny, March 20, 3:10 p.m.

Lee Street East 400 block, shoplifting, March 20, 4 p.m.

Smith Street 800 block, breaking and entering, March 21, 8 p.m.

Virginia Street East 1400 block, breaking and entering auto, March 21, 10:30 p.m.

Bona Vista Place 700 block, petit larceny, March 22, midnight.

Virginia Street East 1400 block, petit larceny, March 22, 12:30 a.m.

Washington Street East 1300 block, shoplifting, March 22, 7:55 p.m.

South District:

MacCorkle Avenue Southeast 5700 block, grand larceny auto, March 17, 2:50 a.m.

MacCorkle Avenue Southeast 6400 block, brandishing, March 17, 3:55 a.m.

MacCorkle Avenue 4000 block, petit larceny, March 17, 2 p.m.

MacCorkle Avenue 5700 block, shoplifting, March 17, 11:26 p.m.

MacCorkle Avenue 3700 block, breaking and entering, March 18, 12:12 p.m.

58th Street 400 block, breaking and entering, March 18, 6 p.m.

Rolling Hills Circle 1700 block, burglary, March 19, 3 a.m.

Cantley Drive first block, grand larceny auto, March 20, 5 a.m.

Cantley Drive first block, breaking and entering auto, March 20, 6 p.m.

MacCorkle Avenue 6500 block, shoplifting, March 21, 7:35 p.m.

MacCorkle Avenue 5600 block, shoplifting, March 21, 7:40 p.m.

Wayside Drive 600 block, breaking and entering auto, March 21, 8:15 p.m.

MacCorkle Avenue Southeast 5700 block, shoplifting, March 22, 10:11 a.m.

MacCorkle Avenue 5700 block, shoplifting, March 22, 1:57 p.m.

Gordon Drive 700 block, breaking and entering auto, March 22, 4:28 p.m.

RHL Boulevard 200 block, shoplifting, March 22, 9 p.m.

RHL Boulevard 300 block, grand larceny, March 23, 1:30 p.m.

Roosevelt Avenue 6600 block, domestic battery, March 23, 8:30 p.m.

West District:

Washington Street West 400 block, shoplifting, March 17, 5 p.m.

Hunt Avenue 600 block, brandishing, March 18, midnight.

Main Street 700 block, breaking and entering, March 18, midnight.

Hunt Avenue 800 block, petit larceny, March 19, 3:32 p.m.

Russell Street 500 block, petit larceny, March 19, 7:30 p.m.

Washington Street West 700 block, grand larceny auto, March 19, 8 p.m.

Garden Street 800 block, petit larceny, March 20, 2 p.m.

7th Avenue 1700 block, grand larceny auto, March 20, 9:23 p.m.

Frame Street 1400 block, breaking and entering auto, March 21, 3 a.m.

6th Street 900 block, petit larceny, March 21, 10 a.m.

Woodland Drive 1500 block, burglary, March 21, 2:37 p.m.

1st Avenue and Florida Street, robbery, March 21, 3 p.m.

Garrison Avenue 500 block, petit larceny, March 21, 6 p.m.

Stuart Street 1200 block, breaking and entering, March 21, 10 p.m.

Bigley Avenue 1000 block, breaking and entering, March 21, 11 p.m.

Jean Street 600 block, breaking and entering, March 21, 11 p.m.

7th Avenue 1300 block, petit larceny, March 22, midnight.

Roane Street 500 block, breaking and entering auto, March 22, 9:44 a.m.

4th Avenue 1700 block, shoplifting, March 22, 3:45 p.m.

Kanawha Boulevard West 800 block, breaking and entering auto, March 22, 6:12 p.m.

5th Avenue 3300 block, petit larceny, March 23, 5:15 p.m.

Indiana Avenue 800 block, burglary, March 23, 8 p.m.

Delaware Avenue 500 block, petit larceny, March 23, 8:28 p.m.

4th Avenue 1700 block, shoplifting, March 23, 9:41 p.m.

A former Kanawha County bus driver's federal lawsuit over a supervisor deleting hours she entered on a time clock has been ongoing for a year, and her attorney is criticizing the school system for not already paying her the full time she says she's owed.

In March 2015, Debra Rose filed suit against the school system, alleging Peggy Stone, who is still the Elkview bus terminal's supervisor, required her to clock in and out "not only at the beginning and ending of each bus trip, but also upon the beginning and ending of each individual task performed throughout the day that results in creditable working time."

Rose said this was inconsistent with written school system policy. She also said Stone deleted time she put on the clock without first contacting her, despite policy stating that "Management, with the employee's acknowledgment only, will do correction of time records."

Mark Toor, Rose's Charleston-based lawyer, said the time clock alterations took place over five years and total $3,500 in lost pay, meaning Rose could recover that and a further $3,500 in "liquidated damages" at trial. If the case is successful, he said the law will also let him recover attorney fees, which are already "substantially more than she could recover" and are increasing the longer the case takes.

Rose's suit goes on to allege Stone retaliated against her for requesting time sheet records by denying two personal leave days that Rose requested.

Rose then, according to the suit, took sick leave for those two days anyway, and the Kanawha school board responded by suspending her for two days without pay. Rose also alleges she told a higher up in the school system about Stone altering her time records before she requested the documents from Stone - yet school system officials didn't investigate the allegations.

Charleston-based attorney Chuck Bailey, who is representing the school system in the case, said "time was redacted, but we believe that the redaction was appropriate." But, citing the ongoing litigation, he declined to comment further on why he believes it was appropriate.

Jim Withrow, who is the school board's general counsel but said he isn't involved in the case, said Rose violated school system policy by clocking in too early, but Stone also violated policy by changing her punch in and punch out times.

He said supervisors are supposed to speak with workers who clock in too early and discipline them if they continue to do so, but said that in the wake of Rose's allegations, "We have made it clear to all of our supervisors that they were not to change anybody's time cards." He said he couldn't discuss whether Stone has been disciplined.

Toor sent the Gazette-Mail parts of transcripts from a grievance Rose previously filed against the school system, in which Stone testified that the school system's retired transportation director, George Beckett, told her to watch her employees and change their time if they were "on the clock too long."

When Toor asked her what that meant, Stone responded:

"She came in, she clocked in, she's [sitting] out in the lounge and she's not doing anything on the bus, she's just [sitting] out there, or if she is [sitting] on the bus waiting for somebody to deliver cake pops to her bus for fifteen minutes, then yes we alter her punch."

Later in the hearing, Stone noted the policy states that "under normal circumstances, no manager or supervisor should be changing or editing employee punch times," and questioned what "normal circumstances" meant.

Toor wrote in an email to the Gazette-Mail that he's demanded the school system "do the right thing as a public employer and pay my client for all of the time that was stolen from her" - even the time that may go beyond the statute of limitations that limits how much money the school system could legally be liable to pay her for.

He said the school system doesn't intend to pay anything beyond the three-year statute of limitations, meaning Rose will be deprived of two years of overtime compensation.

He also wrote that the school system's attorneys have "slow-walked this case" because he believes there are current Kanawha bus drivers who are waiting for the outcome to sue themselves. The statute of limitations means that for each day they wait, they'll be recovering pay for less allegedly deleted work time.

Kanawha schools Superintendent Ron Duerring said he wouldn't comment because of the litigation. When asked if he was purposefully stalling the case, Bailey said it "never crossed my mind" and said "any suggestion otherwise is completely ridiculous."

Bailey has filed a motion to dismiss Rose's lawsuit. He argues the federal law Toor cited doesn't allow for a private lawsuit.

"As far as I'm concerned, based on the motion I've filed, he doesn't even have a cause of action to move forward with," Bailey said.

Reach Ryan Quinn at

ryan.quinn@wvgazettemail.com, facebook.com/ryanedwinquinn,

304-348-1254 or follow

@RyanEQuinn on Twitter.

BECKLEY, W.Va. (AP) - The Beckley Police Department is rolling out a new set of bike patrols in an effort to keep improving relations between the department and the community.

Beckley Police Chief Lonnie Christian tells the Register-Herald that it had been about 15 years since the department had bike patrols. He believes the bike patrols ended because people didn't see the benefits the patrols bring.

Christian says it can be hard for officers to interact with the public while inside a patrol vehicle. He hopes the bike patrols will encourage officers and the public to interact more.

The addition of bike patrols, he says, is another mark of the department trying to be more proactive instead of reactive with the community.

Another benefit is that the bicycles can go down alleyways and other areas that cars usually can't reach.

A man died after falling about 75 feet from a cliff in Oak Hill over the weekend, police say.

John Shifflet, of Oak Hill, fell from a cliff on Minden Road, according to Oak Hill Police Chief Mike Whisman. Whisman said he believed Shifflet was in his late 30s.

Whisman said the cliff is a popular gathering spot in Fayette County, although he doesn't believe anyone was with Shifflet when he died. Police believe the fall was accidental.

Whisman said Shifflet likely fell late Saturday or early Sunday. The body was discovered at about 8 a.m. Sunday by people driving through the area.

BECKLEY, W.Va. (AP) - A man who says he killed his stepfather and tried to kill his mother so he wouldn't have to tell them he'd lied about graduating college is asking for his conviction to be overturned.

The State Journal reports a jury found Donald Dunn guilty in 2014 of the first-degree murder of his stepfather, Mark McDermott, and the attempted murder of his mother, Johanna McDermott. He was sentenced to life in prison without parole.

Dunn says he didn't receive a fair trial. Among his arguments are that his attorneys didn't receive enough time to review hours of recorded telephone calls before the trial. He also says his attorney wasn't allowed to argue in his opening statement that Dunn was under the influence of synthetic marijuana during the shooting.

The case is on the West Virginia Supreme Court of Appeals' April 5 docket.