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Judge delays Jimmie Gardner trial at request of defense

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By Kate White

A Kanawha County judge agreed Wednesday to push back the trial of Jimmie Gardner, whose 25-year-old conviction on sexual assault and robbery charges was overturned last month.

Gardner, 49, will now stand trial on July 11, said Circuit Judge Joanna Tabit. Robert Dunlap, who represents Gardner, asked the judge for more time to prepare his client's defense.

Tabit had originally set a May 16 trial for Gardner, after U.S. District Judge Joseph Goodwin last month overturned his conviction and ordered he be retried or released from prison within 60 days.

Kanawha prosecutors announced at a hearing earlier this month that they would retry Gardner on charges involving the 1987 sexual assault of a woman and beating of her elderly mother inside their Kanawha City home. Gardner was sentenced to spend 33 to 110 years in prison.

Tabit released Gardner, a Tampa native, on bond to await trial at his mother's home in Albany, Georgia. He is a former pitcher for the Charleston Wheelers, then the city's minor league baseball team. Gardner appeared at Wednesday's hearing via video.

"This was a difficult decision for my client, as he does want to move forward," Dunlap said. He said, though, that he needs more time to prepare.

Even if Gardner isn't tried within 60 days, Dunlap said that Tabit would still be abiding by the federal order because Gardner has been released from jail.

"I do not want to continue this for an extended period of time," Tabit said as she granted the continuance.

Prosecutors said they could be ready by the original May trial date.

First Assistant Kanawha Prosecutor Don Morris said during a hearing earlier this month he is confident a jury will again convict Gardner - based on fingerprint evidence and more recent DNA tests.

Goodwin ruled that testimony from since-discredited State Police serologist Fred Zain, who served as a critical witness for prosecutors in Gardner's 1990 trial, was enough to overturn Gardner's conviction.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1702 or follow @KateLWhite on Twitter.


Wayne man charged with animal cruelty in suspected cockfighting ring

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By Staff reports

When the Wayne County Sheriff's Department arrested Dustin Lee Smith, 30, from Fort Gay, on felony drug charges and 10 counts of misdemeanor animal cruelty, they found 131 live roosters, three dead roosters, and at least nine trophies, adorned with plastic roosters.

Authorities also found several knives, gaffs (small knives strapped to roosters' legs) and other equipment associated with cockfighting.

Officers learned of the ring through an anonymous tip to Huntington Cabell Wayne Humane Officer Scott Iseli.

Leighann Lassiter, with the Humane Society of the United States, said cockfighters are attracted to West Virginia because the state only charges misdemeanors for animal cruelty.

"Cockfighting tends to be the most prevalent in the states with the weakest laws," Lassiter said.

Gov. Earl Ray Tomblin recently signed a bill that makes cockfighting a felony in West Virginia, but that would only be after multiple offenses.

Lassiter said that cockfighting is mostly driven by gambling.

"Those gambling winnings often outweigh the fine that's imposed if they get caught." Lassiter said.

Metro 911 creates app to view emergency calls

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By Daniel Desrochers

Metro 911 has created a phone application that will give citizens in the county the ability to see emergency calls as they come in.

While some calls will be hidden based on sensitivity, residents of the county will be able to see up to 50 of the most recent calls that Metro 911 has received.

The app, called KC Ready, was built with the help of AT&T and cost Metro 911 more than $100,000.

"I wanted quality," said Dale Petry, the director of the Kanawha County Office of Emergency Services.

Petry showed off the app in a promotional video to the county commission at their meeting Tuesday night, highlighting the features the app will provide.

One significant feature is a map that shows where emergency centers, heating areas and cooling areas are during an emergency. The map will let people know when the shelters have been opened and will provide directions so people can get there.

"Its an additional resource that we hope every citizen in Kanawha County will use when we have an emergency," said Brooke Hylbert, the Metro 911 agency coordinator.

The app also contains instructions for what people should do during a natural disaster. Multiple types of disasters are specified in a list, and people can click on a disaster for specific preparations.

County officials are hoping that the app will decrease the number of calls to Metro 911 from people who are trying to find out about events in their area.

"We're really hoping that this here will take a lot of calls down," Petry said.

Petry said that he looked around the country for examples on how to create the app.

"We actually have a better application than what San Diego, California, is using," said County Commissioner Dave Hardy.

The app will be free for the public, partially due to support from Bayer Crop Science, West Virginia American Water and Appalachian Power.

The app will be available to the public within the next couple of weeks.

Reach Daniel Desrochers at dan.desrochers@wvgazettemail.com, 304-348-4886 or @drdesrochers on Twitter.

Trial of alleged killer moved back once again

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By Staff reports

A Kanawha judge on Wednesday reluctantly agreed to again postpone the trial of Miguel Quinones, but warned there would be no more delays.

Quinones will now stand trial June 6 in the 2013 death of Kareem Hunter inside a Marmet apartment.

His trial had been set to begin later this month, but his attorney, Robert Dunlap, asked Kanawha Circuit Judge Joanna Tabit to push back the date to allow more time to review evidence.

Dunlap said he has still not received the findings of DNA testing requested on behalf of Quinones from a laboratory at Marshall University, and needs more time to prepare.

Quinones was indicted on the murder charge in early 2014. His case has been delayed multiple times mainly because of his requests for new attorneys. He's been appointed about 10 attorneys since the case against him was filed.

Dunlap and Amy Osgood, both Beckley lawyers, were appointed to represent Quinones in September.

"We're going to continue this case one more time. This case has been continued numerous times," the judge said Wednesday. "We're not continuing it for a long period of time."

Tabit on Wednesday also agreed to order that Facebook records for Kelsey Legg and Deveron Patterson be turned over to Dunlap.

Legg was sentenced to six to eight years in prison for helping conceal a dead body and being an accessory after the fact to murder in Hunter's killing. Patterson was sentenced to life in prison with the possibility of parole after pleading guilty to murder in the death of Hunter.

Both Patterson and Legg are expected to testify against Quinones at trial.

Hunter was reported missing Sept. 23, 2013, and his body was found almost two months later in a shallow grave in Raleigh County.

WV Supreme Court affirms murder conviction of Donald Dunn

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CHARLESTON, W.Va. (AP) - The West Virginia Supreme Court of Appeals has affirmed a Beckley man's conviction for the shooting death of his stepfather and attempted killing of his mother.

Media outlets report that according to prosecutors, 26-year-old Donald Wayne Dunn told police he decided to kill his parents in 2013 because he'd lied about earning a college degree and was afraid to tell them the truth - he'd flunked out of Marshall University. Dunn was sentenced to life without mercy.

Dunn's attorney David White cited several trial errors, including the court's refusal to grant a mistrial after two jurors argued in open court and refusing to give the jury information on the issue of mercy.

The Supreme Court found no errors in Raleigh County Circuit Court Judge John Hutchison's rulings on any of the issues.

Deputies investigating money missing from Kanawha magistrate court

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By Kate White

A detective has been assigned to investigate money missing from Kanawha County Magistrate Court.

An official in magistrate court alerted deputies to the missing money Wednesday, according to Mike Rutherford, chief deputy for the Kanawha County Sheriff's Office.

"We are just getting into it," Rutherford said Thursday about the investigation. "We do know the money is not where it should be."

Each day, magistrate court employees deposit money collected from fines, among other court costs.

"My understanding is that it was supposed to have been deposited at the end of the day and it wasn't. The next morning when another individual looked for it, it wasn't there," Rutherford said. "Nobody seems to know really what happened to it right now."

Rutherford wouldn't disclose the names of any employees who have been interviewed. He also didn't want to say how much is missing.

"It was a reasonable sum, but not a huge amount," Rutherford said. "But on the other hand, we don't know where the investigation will lead. We may find out there's been additional monies taken that we don't know about that have been taken over a period of time. We have no reason to believe that at the present time, but it's something we may end up looking into."

Deputies are interviewing employees and magistrates who work in the office, according to Rutherford. He said detectives will try to figure out where the money was last seen.

"The officer is trying to talk to them and trying to follow the trail of where the money was last seen, who had access to it and that type of thing."

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.

Judge sets bond for man charged in Jefferson slaying

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By Kate White

A Kanawha County Circuit judge on Thursday agreed to set bond for a man facing a murder charge in a killing that took place earlier this year at a strip club in Jefferson.

Scott Johnson Meador, 39, is charged with first-degree murder in the death of Glen Alfred Carpenter Jr., 50. Kanawha Circuit Judge Tod Kaufman has scheduled an early June trial date.

On Thursday, Kaufman allowed Meador's attorney, James Cagle, to argue for the second time about why his client should await trial at home. Kaufman eventually agreed to set a $75,000 surety bond, which allows for property to be posted. Cagle has said Meador's parents plan to use their house in St. Albans as collateral. Meador was still in the South Central Regional Jail late Thursday.

Earlier Thursday, Cagle described several health problems Meador was experiencing, which he said could be better managed from home.

Cagle also told Kaufman that he needs Meador out of jail to help prepare his defense. Meador has worked as a computer programmer and was installing a security system at the Jefferson club on the night of the killing.

Prosecutors objected to Meador getting a bond.

Families of both Meador and Carpenter filled the courtroom.

Carpenter's family left the hearing crying.

Carpenter was found with 11 stab wounds to his back and additional stab wounds to his face. He was also shot in the head, but police didn't realize that until later because there was so much blood.

Cagle says his client acted in self defense.

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.

Supreme Court says ex-DHHR officials should get hearing

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By Kate White

A jury should get to decide whether two former Department of Health and Human Resources officials were retaliated against for raising issues about an advertising contract, the West Virginia Supreme Court ruled Thursday.

Kanawha Circuit Judge James Stucky erred in June 2014 when he granted a motion for summary judgment filed by attorneys for the DHHR and dismissed all of the claims in a lawsuit filed by Susan Perry and Jennifer Taylor, the 43-page Supreme Court opinion states.

Stucky should have let the women's whistleblower claims move forward, according to the Supreme Court. However, justices said Stucky was right to throw out the parts of Perry and Taylor's lawsuit alleging retaliatory discharge, gender discrimination and false light invasion of privacy claims.

Perry, a former deputy secretary for the DHHR, and Taylor, a former administrator, claim they were fired for raising concerns about inconsistencies in the evaluation and scoring of the bid packages for an advertising contract.

In his order granting summary judgment, Stucky ruled Taylor and Perry were never asked to review the bid and were acting on orders from former DHHR communications director John Law, who admitted he wanted the Arnold Agency to land an advertising contract.

Stucky found that the women and Law were wrong to interfere with the contract.

Stucky's order, Justice Margaret Workman wrote for the majority, "appears to conclude that petitioners cannot prevail on their whistle-blower claims because they cannot establish that they made a 'good faith report' of an 'instance of wrongdoing or waste,' as those terms are defined by the statute."

However the allegations in their lawsuit are a "nearly perfect depiction" of wrongdoing or waste, the opinion states. Whether their activities were improper is something only a jury can decide, justices ruled.

Workman also cautioned Stucky about signing his name to orders he didn't prepare. The order he signed granting summary judgment, which was prepared by attorneys for the DHHR, was full of claims that are up for debate, she said.

The order Stucky signed in the case granting summary judgment contained "nothing more than a thicket of argumentative rhetoric. Respondents' tendered order consists entirely of their version of the disputed facts and advocated inferences upon which what little legal analysis it contains teeters precariously. Sections entitled 'conclusions of law' are little more than one-sided rhetorical diatribes," Workman wrote.

Justice Brent Benjamin, in a separate opinion, wrote that he believes Stucky was right in dismissing all of Perry and Taylor's claims.

"While the bulk of the majority opinion on the petitioners' whistle-blower claims is taken up exposing the flaws in the circuit court's summary judgment order, the majority opinion ignores the chief flaw: the petitioners completely failed to offer evidence below to support their whistle-blower claims," Benjamin wrote.

Justice Allen Loughry agreed with Workman's majority opinion. Chief Justice Menis Ketchum concurred with that opinion, but he wrote in a separate opinion that Perry and Taylor should be allowed to amend their pleadings to focus solely on the whistle-blower and retaliation claims.

Justice Robin Davis disqualified herself from the case.

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.


Feds sue CAMC, St. Mary's over marketing

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By Kate White

The U.S. Department of Justice filed a lawsuit Thursday against Charleston Area Medical Center and St. Mary's Hospital, claiming the hospitals split their marketing territories and kept area residents from getting information about competing health care services.

The antitrust lawsuit, filed in federal court in Charleston, alleges that, for years, CAMC agreed not to advertise on billboards or in print in Cabell County, while St. Mary's, in Huntington, didn't advertise in Kanawha County. The alleged agreement constitutes an unreasonable restraint of trade, which violates the federal Sherman Antitrust Act, according to federal officials.

"The agreement disrupted competition, deprived patients of information needed to make informed healthcare decisions, and denied physicians working for the defendants the opportunity to advertise their services to potential patients," DOJ officials said in a news release.

With the complaint, lawyers for the government filed a proposed settlement agreement that would end the alleged marketing pact and require the hospitals to implement steps to prevent future antitrust practices.

Federal law requires that notice of the settlement be published for 60 days, to allow public comment. The hospitals agreed to bear the costs for notices to appear in newspapers, the agreement states. Those who wish to comment on the proposed agreement should contact the Antitrust Division of the DOJ. The case has been assigned to U.S. District Judge John Copenhaver Jr.

"These hospitals limited competition by agreeing on how and where each would advertise competing healthcare services," Assistant Attorney General Bill Baer, of the DOJ's Antitrust Division, said in the release. "Marketing is an important tool that hospitals use to compete for patients. Today's action will end the hospitals' anticompetitive agreement and promote competition."

The lawsuit doesn't identify any employees by name.

CAMC doesn't agree with the allegations, spokesman Dale Witte said in an email Friday.

"CAMC cooperated with the DOJ investigation, but disputes the allegations in the complaint. CAMC has reached an agreement with the DOJ to settle the matter to avoid expensive and protracted litigation," Witte wrote.

Angela Henderson-Bentley, a spokeswoman for St. Mary's, said in an emailed statement Friday afternoon that hospital employees discovered the issue and reported it to the government. She also said St. Mary's "aggressively advertises" on television in Kanawha County.

"St. Mary's Medical Center discovered this issue on its own, voluntarily disclosed it to the U.S. Department of Justice and fully cooperated with the Justice Department's review of this matter," Henderson-Bentley said.

According to the complaint, the alleged agreement has been in place since at least 2012 and has been monitored and enforced by the marketing departments of the hospitals.

An executive from each hospital testified about their respective marketing departments in a deposition with federal officials, according to the lawsuit.

The complaint also shows that government officials have seen emails of marketing employees pertaining to the alleged agreement.

The agreement between the hospitals barred any advertisements in the county of its competitor "on billboards or in print," according to St. Mary's director of marketing, the eight-page complaint states. "He also testified that 'the agreement between St. Mary's and CAMC is still in place today.' "

In January 2012, according to the lawsuit, a CAMC urology group asked its hospital's marketing department to advertise in a Huntington newspaper.

The director of marketing responded to the request that CAMC does not typically advertise there because of its "gentleman's agreement," the complaint states, and says the ad was never placed.

In May 2013, according to the lawsuit, the marketing director for St. Mary's complained to CAMC after an advertisement for it appeared in a Huntington newspaper that promoted a CAMC physician's group. CAMC agreed to pull the ad, according to the complaint.

An email from a marketing director to senior executives at the Huntington hospital states, "I talked with CAMC and they agreed this ad violated our agreement not to advertise in Charleston paper if they didn't advertise in Huntington paper."

"Their director of marketing says she pulled the ad but was concerned it might still run again one more time this Sunday. I can't call the [newspaper] and make sure because they could challenge this type of handshake agreement. That prevents them from getting advertising dollars from a different advertiser. We'll see and I'll follow up from there but after Sunday I am confident we won't see CAMC again in [the Herald-Dispatch newspaper]." the email states, according to the lawsuit.

Twice in 2014, a physicians group with CAMC requested marketing in Cabell County and was turned down by the hospital's marketing department, the lawsuit claims.

"Just watch the county line my friend," CAMC's director of marketing wrote about one request, according to the lawsuit.

The federal agreement prohibits communications between the hospitals about their marketing activities. The hospitals will be required to appoint an antitrust compliance officer, who must, among other things, notify all employees annually that any employee may disclose, without reprisal, information concerning any potential violation of the agreement or antitrust laws. The agreement will expire after five years, federal documents state.

Cabell Huntington Hospital submitted a bid in 2014 to purchase St. Mary's. Last year, West Virginia Attorney General Patrick Morrisey announced an agreement establishing several conditions to ensure the merger complied with the West Virginia's antitrust laws and the Sherman Act. The Federal Trade Commission has also challenged the merger.

St. Mary's has 393 beds and a medical staff of more than 50 physicians, the DOJ's release states. It serves as a teaching hospital for medical students and residents from Marshall University. CAMC has 908 beds and a medical staff of more than 120 employed physicians.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1724 or follow @KateLWhite on Twitter.

Crimes: April 17, 2016

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The following crimes were reported to the Charleston Police Department between April 7 and 13:

East District:

Jackson Street 1400 block, breaking and entering, April 7, 8 a.m.

Hansford Street 1500 block, petit larceny, April 8, 12:30 p.m.

Virginia Street East 500 block, robbery, April 8, 2 p.m.

Oakridge Drive 2100 block, petit larceny, April 8, 7 p.m.

Brooks Street 400 block, petit larceny, April 10, 8:30 p.m.

Dee Drive 100 block, breaking and entering, April 10, 9 p.m.

Virginia Street East 1400 block, breaking and entering auto, April 11, 3 a.m.

Washington Street East 1600 block, petit larceny, April 11, 12:50 p.m.

Nancy Street 500 block, petit larceny, April 12, 7 p.m.

Lee Street East 200 block, shoplifting, April 12, 8:24 p.m.

Lee Street East 400 block, shoplifting, April 13, noon.

Quarrier Street 1500 block, breaking and entering auto, April 13, 1:22 p.m.

Kanawha Boulevard East 2600 block, grand larceny auto, April 13, 9 p.m.

South District:

MacCorkle Avenue 4700 block, malicious wounding, April 7, 12:14 a.m.

South Park Road 800 block, petit larceny, April 8, 8 a.m.

RHL Boulevard 200 block, shoplifting, April 8, 1:45 p.m.

MacCorkle Avenue Southeast 6300 block, grand larceny, April 8, 2:25 p.m.

MacCorkle Avenue Southeast 5100 block, shoplifting, April 8, 3:10 p.m.

MacCorkle Avenue 6500 block, shoplifting, April 8, 4:40 p.m.

South Ruffner Road 400 block, wanton endangerment, April 8, 10:10 p.m.

MacCorkle Avenue 5700 block, beaking and entering auto, April 9, 8 p.m.

MacCorkle Avenue 6500 block, breaking and entering auto, April 9, 11 p.m.

MacCorkle Avenue 4400 block, assault, April 10, 10:50 p.m.

South Park Road 600 block, child abuse, April 11, 7:30 a.m.

Brawley Road first block, wanton endangerment, April 11, 1 p.m.

MacCorkle Avenue 3800 block, petit larceny, April 11, 2 p.m.

MacCorkle Avenue 3100 block, grand larceny, April 11, 8:30 p.m.

RHL Boulevard 200 block, shoplifting, April 12, 12:20 p.m.

MacCorkle Avenue Southeast 5700 block, shoplifting, April 12, 3:15 p.m.

MacCorkle Avenue Southeast 4900 block, petit larceny, April 12, 4 p.m.

Green Road first block, petit larceny, April 12, 6:01 p.m.

Green Road first block, shoplifting, April 12, 6:30 p.m.

MacCorkle Avenue Southeast 5700 block, April 12, 6:35 p.m.

Leslie Road 900 block, child neglect, April 12, 10:45 p.m.

MacCorkle Avenue 3800 block, petit larceny, April 12, 10:49 p.m.

MacCorkle Avenue 4300 block, petit larceny, April 13, 10:02 a.m.

RHL Boulevard 200 block, shoplifting, April 13, 1:10 p.m.

MacCorkle Avenue 6500 block, petit larceny, April 13, 2:20 p.m.

Kanawha Mall, shoplifting, April 13, 3:15 p.m.

MacCorkle Avenue 6500 block, shoplifting, April 13, 8:58 p.m.

West District:

Chandler Drive 1600 block, petit larceny, April 7, midnight.

Pansy Drive 1700 block, domestic assault, April 7, 8:15 p.m.

Temple Street 1000 block, grand larceny auto, April 8, 9:58 a.m.

Virginia Street West 600 block, breaking and entering, April 8, 11 a.m.

31st Street 200 block, grand larceny auto, April 8, 11:02 a.m.

Hazelwood Avenue 900 block, burglary, April 8, 2 p.m.

Valley Road 1000 block, wanton endangerment, April 8, 6:27 p.m.

Washington Street West 1700 block, shoplifting, April 8, 11 p.m.

Kanawha Boulevard West breaking and entering, April 9, 12:37 a.m.

Ash Street 100 block, burglary, April 9, 11:30 a.m.

Frame Street 1300 block, burglary, April 9, noon.

Bigley Avenue 1300 block, shoplifting, April 10, 4:05 a.m.

Adams Street 700 block, petit larceny, April 11, 5 a.m.

Lee Street West 400 block, robbery, April 12, 12:20 a.m.

Livingston Avenue 1400 block, burglary, April 12, 1:40 p.m.

Sissonville Drive 2100 block, grand larceny auto, April 12, 5 p.m.

4th Avenue 1700 block, grand larceny auto, April 13, 7:50 p.m.

Pacific Street 600 block, domestic assault, April 13, 9 p.m.

On file: April 17, 2016

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Marriages

The following people applied for marriage licenses in Kanawha County between April 7 and 14:

Derek Ray Kelly, 20, and Kaitlyn Marie Snodgrass, 20, both of Charleston.

Jimmy Ryan Sparks, 36, and Paula Dawn Cottrell, 45, both of Clendenin.

Arley Richard Layne, 21, and Stephanie Marie King, 21, both of Sissonville.

James Clinton Marcum Jr., 35, and Amanda Ann Ball, 28, both of Charleston.

Michael Richard Wilson, 61, and Dorothy Denise Tuell, 54, both of Cross Lanes.

Matthew Ryan Harmon, 30, of Hurricane and Ashley Marie Showen, 27, of Charleston.

Donald James Adkins, 24, and Carol Ann Pickens, 26, both of St. Albans.

Aaron Joseph Spencer, 26, of Charleston and Cheryl MacKenzie Mize, 24, of Belle.

John Adam Neal, 55, of Charleston and Maria Darlene Swayne, 54, of Conover, North Carolina.

Gregory Paul Smith, 42, and Cathy Lynn Perry, 50, both of South Charleston.

Stuart James William McKay, 31, and Jessica Michelle Hale, 28, both of St. Albans.

Mark Wilson Zimmerman, 28, and Jill Ann Thompson, 24, both of Charleston.

Jeffrey Lewis Bostic II, 36, of Winifrede and Billie Jo Snedegar, 27, of Hernshaw.

Phillip Guy Brown II, 29, and Maryann Alana Summers, 24, both of Glasgow.

Samuel Stephen Swisher, 35, and Amber Learae McDermitt, 35, both of Dunbar.

Ronald Dewayne Harris Jr., 38, and Kimberly Michelle McKinney, 29, both of Charleston.

Brandon Scott Gravely, 22, and Joyce Carolyne Iden, 28, both of St. Albans.

Joshua Allen Young, 30, of Belle and Allison Kaye Tucker, 25, of Smithers.

Steven Andrew Stonestreet, 29, and Lee Elizabeth Rice, 26, both of Charleston.

John Herman Long, 60, and Timmie Ray Cook, 59, both of Sissonville.

Jonathan Palmer Young, 32, and Amy Catherine Callihan, 27, both of St. Albans.

Steven Wayne Blackburn, 53, and Patricia Lois Bailey, 53, both of Cross Lanes.

Dominique Martez Wattie, 26, of Chesapeake and Danielle June Cordle, 26, of Hurricane.

Jason Scott Minney, 32, of Sissonville and Ashley Joelle Lawrence 20, of St. Albans.

Divorces

The following people filed for divorce in Kanawha County between April 7 and 14:

Richard Brian Lacy from Logan Renae Lacy

Melissa D. Freeman from Steven Dale Freeman

Mary Neenan Cleland from Robert Carl Andrews Cleland

Christin D. Williams from Cedric J. Williams

Carrie Virginia Humphreys from David Allen Humphreys

Paula Lois Ellison from Robert Joseph Ellison

Kristine Jean Taylor from Jonathan Cole Taylor

Sarah Joanna Kennedy from Joshua Layne Kennedy

Emily Nicole Jones from William Jarad Jones

Sandra Kay Cook from Jason Allen Cook

Tracy Ann Myrie from Karl Simmons III

Michael Lee Fields from Ashley M. Fields

Terry Lee Moore from Freda M. Moore

Michael G. Ballard from Tonyia Ballard

Carlyn Marie Barker from Steve Elvin Barker Jr.

Richard Boston Gilmore III from Dawnell Nicole Gilmore

Bradley Alan Funk from Johnnia Ann Funk

Warren E. Divers from JoAnn M. Divers

Brittany Ciarra Pauley from Joseph Raymond Cantrell Jr.

Jordy Jones Johnson from Emily Ann Johnson

Caleb Matthew Foster from Cristal Cheryl Foster

Bert Wade Huffman from Jeanne L. Huffman

Property transfers

The following property transfers of $50,000 or more were recorded in Kanawha County between April 7 and 14:

Glen David and Erma Lea Roe to James Wesley and Sara Ann Anderson. Lot, Big Sandy District, $120,000.

Mary L. McNeel to Joseph Franklin McNeel Jr. Lot, Charleston, $70,000.

Nathan Rose to 1213 Stuart St. LLC. Lot, Charleston, $82,500.

Joseph L. Jenkins and Susana C. Duarte to Raymond G. and Karie A. Loeser. Lot, Charleston, $165,000.

Jonathan Patrick and Lee Adair Floyd to Patrick Ayres Bond, Meredith Ayres Bond Aubel and William John Aubel. Lot, Charleston, $197,500,

Angela M. Gardner to Jeremiah M. and Chelsie D. Fox. Lot, Union District, $112,500.

Monette S. Bean to Leon Kwei. Lot, St. Albans, $275,000.

Barbara Susan Miller to James R. Edens. Lot, Malden District, $96,000.

James Ray Hartman to Laura McMaster Hartman, Barbara Ellen Smith and Ric MacDowell. Parcels, Charleston, $270,000.

Mickey D. and Deborah R. Kinder to Kent D. Keeney. Parcels, Elk District, $275,000.

Johnathan E. and Ashley M. Imes to Emily B. Craddock. Lot, Loudon District, $163,000.

AMH Development LLC to Brittanie A. Lucas. Lot, Elk District, $127,500.

Matthew L. Ward to Pioneer WV Federal Credit Union. Lot, Jefferson District, $90,000.

Matthew L. Ward to Pioneer WV Federal Credit Union. Lot, Dunbar, $52,000.

Archie David and Teresa Sue Calhoun to Stone Financing LLC. Parcels, Union District, $173,500.

Matilda L. Payne to Mickey D. and Deborah R. Kinder. Tracts, Elk District, $412,000.

Annette Webb and R. Wayne Warden to Yumus C. Roberson III and Brittney N. Lane. Lot, Elk District, $103,000.

James C. Kerns and Stacey A. Waller-Kerns to Jerry R. and Mary J. Thompson. Lot, Washington District, $395,000.

Tonya Murrhee to Shenna Meadows. Lot, Jefferson District, $71,500.

Willie J. Gillard to Jose F. Pazos and Juan G. Restrepo.Lot, Charleston, 147,000.

Andrew C. and Valerie B. Jones to Charles T. Keefer. Lot, Charleston, $190,000.

Freddie Pauley to Michell L. Witt and Jonathan M. Simpkins. Lot, Washington District, $159,900.

Carmen Dare Lilly and James Houston McKinney III to Putnam Property Management LLC. Lot, Union District, $65,000.

Seneca Trustees Inc. to Wright-Patt Credit Union Inc. Lots, Union District, $107,200.

John Grocholski and Michael Grocholski to Charles W. and Ana L. Morris. Tracts, Elk District, $148,000.

Dustin E. and Kayla L. Runion to Joshua P. and Ursula D. Perry. Lot, Cabin Creek District, $187,000.

Rodney Huygh Lipscomb to Rodney Hugh Lipscomb, Marsha Elaine Lipscomb Kendall and Donna Marie Lipscomb Spano. Lot, Elk District, $156,000.

Bank of America N.A. to Apryll Boggs. Lot, Charleston, $117,400.

Joshua Andrew Skeen II to Pentagent LLC. Lot, Charleston, $153,900.

Bankruptcies

The bankruptcies listed below are limited to those filed by residents or companies in the Gazette-Mail's circulation area. Chapter 7 designates the liquidation of non-exempt property; Chapter 11 calls for business reorganization; Chapter 13 establishes a schedule of payments to creditors. The following bankruptcies were filed between April 8 and 15:

Michelle Lynn Boothe, South Charleston, Chapter 7. Assets: $120,516, Liabilities: $136,186.

Regina Arlene Fugate, Miami, Chapter 7. Assets: $39,495, Liabilities: $69,350.

Lowell Thomas Bodkins, South Charleston, Chapter 7. Assets: $18,098, Liabilities: $32,450.

Carey Wayne Jr. and Cynthia Dawn Blair, Mallory, Chapter 7. Assets: $162,852, Liabilities: $131,735.

Joy Kay Shultz, Lenore, Chapter 7. Assets: $70,850, Liabilities: $104,998.

Stacy Adam Adkins, Branchland, Chapter 7. Assets: $41,715, Liabilities: $178,900.

Donald Ray McMaster Jr., Kermit, Chapter 7. Assets: $14,525, Liabilities: $19,924.

Kennith Allen Browning, Spurlockville, Chapter 7. Assets: $9,527, Liabilities: $109,703.

Jimmidale Williams, Switzer, Chapter 7. Assets: $65,950, Liabilities: $76,172.

Tommy Edward and Crystal Dawn Vickers, Alkol, Chapter 7. Assets: $33,861, Liabilities: $41,517.

James Allen and Joanna Marie Ramey, Logan, Chapter 7. Assets: $123,324, Liabilities: $82,796.

William Neal and Christine Marie Starcher, Spencer, Chapter 7. Assets: $101,525, Liabilities: $115,552.

Robert Eugene and Teresa Kay Sheppard, Chapmanville, Chapter 7. Assets: $40,350, Liabilities: $59,552.

James Edward Cooper Sr., Mullens, Chapter 7. Assets: $34,602, Liabilities: $31,000.

Billie Anne Billings, Sophia, Chapter 7. Assets: $25,300, Liabilities: $20,186.

Michael Paul and Carrie Nicole Morgan, Simon, Chapter 7. Assets: $42,783, Liabilities: $60,917.

Justin Michael and Mary Elizabeth Monday, Mullens, Chapter 7. Assets: $46,550, Liabilities: $78,440.

Dennis Keith and Dinah Kay Lacy, Sophia, Chapter 7. Assets: $39,554, Liabilities: $29,328.

Frank Alan and Goldie Teresa Roberts, Crab Orchard, Chapter 7. Assets: $78,481, Liabilities: $124,955.

David Junior and Robyn Nicole Wilson, Slab Fork, Chapter 7. Assets: $53,402, Liabilities: $82,982.

Timothy Elmer Hall, Itmann, Chapter 7. Assets: $4,600, Liabilities: $31,515.

Krystal Elaine Kruse, Brenton, Chapter 7. Assets: $136,229, Liabilities: $192,043.

Steven Ray and Jessica Nicole McKinney, Coal City, Chapter 7. Assets: $117,456, Liabilities: $208,516.

Wanda Lynn Thurman, Beckley, Chapter 7. Assets: $25,992, Liabilities: $54,691.

Erica Nichole Calderis-Dunbar, Beckley, Chapter 7. Assets: $30,766, Liabilities: $91,315.

Gregory Allen Cullop, Beckley, Chapter 7. Assets: $154,512, Liabilities: $184,068.

WV Supreme Court reverses its decision on age discrimination

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By Kate White

West Virginia Supreme Court justices changed their minds about a ruling they made in an age discrimination case in July and issued a new decision last week, which reverses a lower court and adheres to precedent set by the U.S. Supreme Court.

Last July, justices issued a unanimous memorandum decision upholding a ruling by Taylor County Circuit Judge Alan Moats, which dismissed a lawsuit alleging age discrimination filed by a 65-year-old woman against her former employer, Grafton City Hospital.

In return, Allan Karlin, an attorney for Martha Knotts, petitioned the court for a rehearing. AARP, the United Mine Workers of America, the state Employment Lawyers Association and others filed amicus briefs also urging justices to reconsider the case.

The court reconsidered and, on Thursday, issued a unanimous decision ruling the opposite way.

The decision last week also overrules a 2010 case about age discrimination.

In the 2010 case, the state Supreme Court applied a rule that a person who was over the age of 40 couldn't allege they had been discriminated on the basis of age if the person they were replaced by was also over age 40. Moats applied that law to Knotts' case and granted the hospital summary judgment.

In her appeal, Knotts asserted that the judge didn't consider the "substantially younger" comparison recognized by the U.S. Supreme Court in O'Connor v Consolidated Coin Caterers Corp., a 1996 case. After a second look, state justices agreed.

In the O'Connor case, a 56-year-old employee sued over age discrimination after he was fired and replaced by a younger employee. The Fourth Circuit U.S. Court of Appeals held that the employee had failed to prove a case of age discrimination because the employee who replaced him was in the same protected class as the plaintiff, also over age 40.

The U.S. Supreme Court reversed the appeals court's ruling, however, finding that the focus of an age discrimination case should be whether the plaintiff was discriminated against on the basis of age, not on whether the plaintiff was replaced by someone outside the protected class.

Justice Antonin Scalia wrote the unanimous opinion finding that a determination about whether a replacement is substantially younger than a plaintiff is a far more reliable indicator of age discrimination.

"We conclude that the better and more legally sound approach is to follow the 'substantially younger' rule announced by Justice Scalia in O'Connor," wrote Chief West Virginia Justice Menis Ketchum.

What qualifies as "substantially younger" must be decided on a case-by-case basis, Ketchum wrote, but age differences of 10 or more years are generally held to be sufficient.

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

Putnam dentist sued for alleged sexual harassment

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By Laura Haight

A Putnam County dentist is being accused of sexual harassment and creating a hostile work environment, according to a complaint filed in the Putnam County Circuit Court.

Brenda Perry and her husband, Gregory, allege Charles McElfish sexually harassed and abused Brenda Perry while she worked for him, the complaint says.

According to the complaint, Brenda was hired to clean, organize and landscape at McElfish's dental practice in Hurricane in March 2007. A year later, McElfish hired her to clean and landscape at his residence, the complaint says.

During her employment for McElfish, he would tell Brenda Perry she had a "nice ass" and asked her if she was a "tushy girl," meaning if she enjoyed anal sex, the complaint says.

On multiple occasions, Brenda Perry alleges an intoxicated McElfish would show her an envelope of cash and ask how far it would get him, according to the complaint.

Brenda Perry also alleges a dental hygienist employed by McElfish sexually assaulted her in the presence of McElfish, the complaint says. McElfish told the office manager to fire the dental hygienist, but the office manager told McElfish she could not fire the hygienist for doing what McElfish does himself, the complaint says.

After Brenda Perry had rejected McElfish's sexual advances numerous times, McElfish changed his ringtone so that when Brenda Perry called him, it would ring, "Brenda the f------ b---- is calling," according to the complaint.

Brenda Perry also alleges McElfish shredded her paychecks in front of her, and withheld paychecks for up to one month at a time, the complaint says.

Brenda Perry rejected all of McElfish's sexual advances, the complaint says, and McElfish's unwanted and illegal sexual misconduct forced Brenda Perry to resign from her position in September 2014. She last worked for McElfish on Oct. 4, 2014.

As a direct result of McElfish's mistreatment and abuse, the complaint says Brenda Perry has suffered severe emotional and mental distress, humiliation, anxiety, embarrassment, depression, aggravation, annoyance and inconvenience. The complaint says Brenda Perry also suffered lost wages and benefits.

A receptionist at McElfish's dental practice said McElfish did not want to provide a comment.

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

WV man charged with trying to hit officer with vehicle

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GRAFTON, W.Va. - Police say a Northern West Virginia man tried to hit an officer with his vehicle and his weapon discharged in an ensuing struggle.

News outlets reported that Rollie C. Poynter Jr., 50, of Grafton, was charged Sunday with multiple offenses that include attempted murder and malicious assault on a governmental representative.

According to a criminal complaint, Poynter fled when Grafton police tried to stop him. He drove along U.S. Route 119 in Taylor and Monongalia counties and eventually stopped on a private road, attempting to strike an approaching Taylor County sheriff's deputy with his vehicle.

Poynter got out, began fighting with deputies and pulled out a weapon, police said. The gun went off but no one was hit, they said.

Poynter is being held on $2 million bail at the Tygart Valley Regional Jail.

- The Associated Press

WV police: Man with pipe bomb inside vehicle arrested

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DINGESS, W.Va. - The West Virginia State Police said a man found with a bomb inside his vehicle has been taken into custody.

Local news outlets reported that police said Herman Vance, 59, was arrested Sunday near the Mingo-Logan county line. He is charged with obstructing, simple possession and illegal possession of destructive devices and explosives.

Police said the suspect made threats that he was going to put the bomb inside a police cruiser or the Mingo County Courthouse.

Investigators said a tip about Vance led to them to finding a pipe bomb in the suspect's vehicle.

Vance was being held in jail.

- The Associated Press


Ex-WV church youth volunteer pleads in child sex case

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PRINCETON, W.Va. - A former youth volunteer at a Southern West Virginia church has pleaded guilty to child sex abuse charges.

News outlets reported that 57-year-old Timothy Probert, of Princeton, entered the plea Monday to 37 counts involving boys when he was a volunteer at Westminster Presbyterian Church, in Bluefield. He had been scheduled for trial Monday in Mercer County Circuit Court.

West Virginia State Police Sgt. M.D. Clemons said the abuse occurred between 1986 and 2010. Probert was arrested in December 2013.

During a preliminary hearing on the charges in February 2014, Clemons said the youths would go to Probert's home, where he would give them alcohol and they would watch adult movies and perform sex acts.

A special judge was named in Probert's case after all three Mercer Circuit Court judges recused themselves.

- The Associated Press

Man believed to be driving stolen ATV shot, seriously wounded

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By Erin Beck

A man looking for his brother's stolen side-by-side utility vehicle chased a man he believed to be driving it, struck the vehicle with his Jeep and then shot the man driving it, according to police.

Police received a report of a stolen all-terrain vehicle in the Clendenin area early Monday. Sgt. Brian Humphreys said the ATV was stolen from Ocean Drive off Dutch Ridge Road.

Police believe the owner of the vehicle told his brother the ATV was stolen and asked him to be on the look out for it.

The owner's brother was driving on W.Va. 114 near the Big Chimney Bridge when he saw another man driving what he believed to be the stolen side-by-side. Police say the ATV does match the description of the stolen vehicle.

Police say the brother turned around and followed the ATV. The two vehicles then collided in the area of Lambert Terrace and Lowell Drive, and gunshots were fired.

Rutherford said at least five shots were fired. Officers don't know if both drivers were firing at each other, or if only the man driving the Jeep was shooting. One gun has been recovered.

The victim was struck by at least one bullet and taken by private vehicle to Charleston Area Medical Center's General Hospital. Humphreys said he had undergone surgery and was listed in critical but stable condition Monday afternoon.

Police also believe that a pickup truck following the side-by-side turned around after the shooting. Charleston police found two women, one with blood on her, in a pick-up matching the description in the Northgate Business Park area off of Greenbrier Street.

"The crime scene is spread over quite a distance between here and Greenbrier Street off of Northgate," Rutherford said. "It's going to take awhile to get all the facts together."

Police were taking statements and interviewing witnesses Monday. The man driving the Jeep was detained, interviewed and released. No one had been charged as of Monday afternoon. Humphreys said police would consult with the prosecutor's office about potential charges.

Police don't know if the man driving the Jeep and the man driving by the side-by-side knew each other.

W.Va. 114 was closed following the shooting but had reopened by shortly after 2 p.m.

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

Morrisey's office sues third pharmacy

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By From staff reports

The West Virginia Attorney General's Office is suing a third pharmacy accused of transferring patient prescriptions without the patients' consent, resulting in much higher prices for the patients.

The lawsuit, filed Friday in Raleigh Circuit Court, targets CURERX LLC, also known as Cure Pharmacy, of Wyomissing, Pennsylvania, according to a news release from Attorney General Patrick Morrisey's office.

Morrisey's office sued David Pharmacy LLC and Rock City Pharmacy LLC, both of Utah, alleging similar activity in November.

The most recent lawsuit seeks an immediate injunction to block Cure Pharmacy's operation in West Virginia and identify every West Virginia customer. It also seeks a $5,000 fine for each violation of the state's Consumer Credit and Protection Act.

Cure Pharmacy and its Utah counterparts are accused of using forms, surveys and online questionnaires to obtain personal information about customers, then using the data to entice patients into unknowingly transferring prescriptions.

TSA screeners detect three firearms in five days at Yeager security gate

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By Staff reports

A Dunbar woman on Sunday became the fourth person this year - and the third person within a week - to be found carrying a loaded handgun in carry-on baggage while attempting to pass through the Transportation Security Administration checkpoint at Charleston's Yeager Airport. Last year, a total of two people were found to have weapons in their possession as they attempted to pass through Yeager's security gate.

TSA officers detected a .38-caliber handgun loaded with five bullets during routine screening in Sunday's incident. Yeager Airport police said Nichole Holbert was charged with a state misdemeanor charge of bringing a firearm onto Yeager Airport property, and could face possible TSA fines.

On April 15, Sierra Stratton of Jumping Branch, Summers County, was cited during a similar incident at the Charleston airport, according to Yeager Airport police. On April 13, TSA officers found a .38-caliber handgun loaded with four rounds in a carry-on bag belonging to Vernon Wysong, 77, of Hurricane. On Jan. 3, TSA officers detected a loaded .38-caliber handgun in a carry-on bag belonging to a Chapmanville man whom they did not identify.

Yeager Airport Police Chief Joe Crawford said the four passengers cited so far this year on airport firearms charges told officers they forgot that the weapons were in their bags. All were cited under state misdemeanor charges dealing with bringing firearms onto airport property and face possible fines from the TSA. The passengers were allowed to proceed onto their flights after their weapons were confiscated, pending hearings, and checks were made to see that no charges were pending against them.

Firearms, firearm parts and ammunition are not permitted in carry-on bags, but can be transported in checked bags if they are unloaded, properly packed in hard-sided cases, and declared to the airline, according to the TSA.

Details on how to legally travel with firearms can be found on the TSA's website, http://www.tsa.gov/traveler-information/firearms-and-ammunition.

Putnam prosecutor takes over investigation of doctor accused of assault

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By Kate White

Putnam County Prosecuting Attorney Mark Sorsaia has taken over the investigation into allegations against a Charleston gastroenterologist accused of sexually assaulting patients under anesthesia.

Sorsaia was officially appointed special prosecutor Monday in the investigation of Dr. Steven Matulis, according to an order signed by Kanawha Circuit Judge Duke Bloom.

No charges have been filed against Matulis. Kanawha prosecutors confirmed they were investigating the doctor on sexual assault allegations after a lawsuit was filed earlier this month accusing him of assaulting a 25-year-old woman during a colonoscopy procedure.

Three days after the lawsuit was filed, Kanawha Prosecuting Attorney Charles Miller filed a motion requesting his office be disqualified from the Matulis case because two of his alleged victims are represented by attorneys who are married to assistants in Miller's office.

Bloom granted Miller's disqualification motion and asked the West Virginia Prosecuting Attorneys Institute to appoint a special prosecutor.

Executive Director Philip Morrison said he recommended Sorsaia. Bloom entered an order Monday making the Putnam prosecutor's appointment official.

"I really can't comment on a pending investigation and we don't have a charge," Sorsaia said Monday afternoon.

Generally speaking, he said he works closely with law enforcement throughout the course of an investigation. Charleston police are investigating the matter.

Charleston attorney Ben Bailey, who represents Matulis, wouldn't comment about Sorsaia's appointment Monday. Neither Matulis nor Bailey have commented about any of the allegations surrounding the doctor.

The lawsuit filed April 5 in Kanawha Circuit Court against Matulis, and his medical firm, Charleston Gastroenterology Associates PLLC, by a Boone County woman alleges that police told her in February, about a week after a colonoscopy procedure at Charleston Area Medical Center, that she had been the victim of a sexual assault by Matulis. The woman is represented by Charleston attorney Ben Salango, who is married to Kanawha Assistant Prosecutor Tera Salango.

The woman's lawsuit alleges that Matulis "placed his hands inside her hospital gown and fondled and groped her breasts." The complaint also alleges that the doctor "used his fingers to repeatedly penetrate her vagina."

The alleged incident was "witnessed by one or more employees" of CAMC, according to the lawsuit. Those employees reported the alleged assault to hospital administrators, the lawsuit states.

CAMC spokesman Dale Witte told the Gazette-Mail in a March email that Matulis "is not currently practicing at CAMC" and that the hospital is cooperating with authorities.

The hospital permanently revoked Matulis' privileges to practice medicine at the hospital on March 16, according to the lawsuit.

Charleston attorney J.B. Akers also represents an alleged Matulis victim. Akers, who is married to Kanawha Assistant Prosecutor Maryclaire Akers, said he is waiting to file a lawsuit on behalf of his client until authorities complete their investigation.

Neither Maryclaire Akers nor Tera Salango were part of Kanawha prosecutors' investigation into Matulis, Miller has said.

He said earlier this month that he doesn't know how many alleged victims have been identified by police.

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

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