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National Night Out events planned for Tuesday in city

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The National Night Out crime prevention annual event will be observed on Tuesday in Charleston communities. Current participants and activities scheduled for National Light Out 2016 area as follows:

Orchard Manor: 5:30 to 8 p.m. Hot dogs, face painting for kids, music, fire trucks and a smokehouse for kids, an ambulance and free hair cuts by Trey's Barber Shop.

Washington Manor: 5:30 to 8 p.m. DJ Ernie White, Dunking Machine, two Jupiter Jumps, Kung Foo Panda, and door prizes every few minutes until they are gone.

South Park Village: 6 to 8 p.m. Hot dogs, snow cones, popcorn, face painting and Jupiter Jump.

Carroll Terrace: 6 to 8 p.m. Games, walk around the block leaving the backside of Carroll Terrace to Virginia Street, Elizabeth Street, Kanawha Boulevard and back to the front of Carroll Terrace.

Lee Terrace: 6 to 8 p.m. Food, music, prizes, special guest speaker Michael Pushkin.

Lippert Terrace: 6 to 8 p.m. Walk around the block.

Jarrett Terrace: 6 to 8 p.m. Live music and refreshments.

Brooks Manor: 5 to 6 p.m. Cookout for residents and safety talk.

Agsten Manor: 6 to 7 p.m. Safety talk for residents.

Kanawha City Neighborhood Watch Picnic: 6 to 8 p.m. Westminster Presbyterian Church, 5502 Noyes Ave. S.E. Church basement will be open at 5 p.m. Hot dogs, drinks, side dishes, cornhole (WVU and Marshall) games and live music.

Sherwood Forest: 6 to 8 p.m. 1417 Robin Hood Road. Food, snowcones, bike contest for kids, Jupiter Jump, Charleston Fire Department Fire Truck.

2nd Avenue Recreation Center: 6 to 8 p.m.: Pickup basketball games, board games and hot dogs.

The Charleston Police Department will be on hand at all sites throughout the evening. Events will take place between 5 and 9 p.m. at the above locations. For more information, contact Sgt. Paul Perdue at paul.perdue@charlestonwvpolice.org or Cpl. Gary Daniels at gary.daniels@charlestonwvpolice.org or call 304-348-6470, ext. 4917.


Police say intoxicated man threatened officers after they entered his home

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By Erin Beck

Angry that police had entered his home after a noise complaint, an intoxicated Dunbar man is now accused of threatening to kill police officers.

Police tried to involuntarily commit Jeffrey Martin Duttine on Thursday, but were unsuccessful.

Duttine, 57, is now charged with intimidating police officers. He allegedly said he was going "kill some motherf---ers," according to the criminal complaint, filed in Kanawha magistrate court.

Dunbar police had responded on Thursday to find Duttine blaring music from equipment on both the front and back porches, the complaint says. Police said Duttine was drunk at the time.

Police say they told him to take the stereo and speakers inside, and "stood inside the front door" to watch him carry a stereo back inside and make sure he did not grab a weapon.

Duttine called the U.S. Secret Service after they left and said police threatened him, that they were conspiring with his neighbors, and that he was going to "kill some motherf---ers."

"He said you better get someone's badge," the complaint states. "He was going to get a f---ing 12-gauge."

Captain S.E. Elliott, who wrote the criminal complaint, said that police filed a mental hygiene petition on Thursday but the mental health commissioner did not grant their request to commit Duttine.

He said the commissioner said Elliott, who was the officer who attended the hearing, "did not have enough direct knowledge of the crime that occurred." Elliott was not one of the responding officers but was informed about it by the officers who were.

"We always like to give the benefit of the doubt," Elliott said. "We felt he had some mental health issues. [But] once he was ruled competent, we decided, along with the Kanawha prosecutor's office, to file charges."

Magistrate Pete Lopez set bail at $10,000 cash-only during Duttine's arraignment Friday afternoon.

Duttine's charge is a felony. He could face one to ten years in prison and/or a fine of up to $2,000.

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

Court blocks N.C. voter ID law, Morrisey had supported

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By By Jonathan Drew and Emery P. Dalesio Associated Press

RALEIGH, N.C. - A federal appeals court on Friday blocked a North Carolina law that required voters to produce photo identification and included other provisions disproportionately affecting black voters, with the judges ruling the law was enacted "with discriminatory intent."

Opponents of the law say the ruling should increase participation by black and Hispanic voters on Election Day in the presidential battleground state, which also has closely contested races for U.S. Senate and governor.

It marks the third ruling in less than two weeks against voter ID laws after court decisions regarding Texas and Wisconsin.

Friday's opinion from a unanimous three-judge panel of the Virginia-based 4th Circuit Court of Appeals reverses a lower-court's decision upholding the North Carolina law.

"In holding that the legislature did not enact the challenged provisions with discriminatory intent, the court seems to have missed the forest in carefully surveying the many trees," the panel wrote in its opinion.

The opinion later states that "because of race, the legislature enacted one of the largest restrictions of the franchise in modern North Carolina history."

The opinion notes that a Republican leader of the North Carolina Legislature announced their plans to pass a wide-ranging election law the day after the U.S. Supreme Court gutted a major section of the Voting Rights Act, which had required locales with a history of racial discrimination to get federal clearance before changing voting laws.

"The new provisions target African Americans with almost surgical precision," the opinion, from U.S. Circuit Judge Diana Gribbon Motz reads. "Winning an election does not empower anyone in any party to engage in purposeful racial discrimination."

All three judges on the 4th Circuit panel were appointed by Democratic presidents.

West Virginia Attorney General Patrick Morrisey, along with 13 other Republican attorneys general, had written to the 4th Circuit asking for North Carolina's law to be upheld.

Morrisey, in arguing to keep the voting restrictions in place, wrote that the Voting Rights Act did not "enable federal courts to recalibrate state voting regulations whenever minority participation deviates from some mythical golden mean."

Morrisey did not respond to a request for comment Friday.

The U.S. Justice Department, state NAACP, League of Women Voters and others had sued North Carolina, saying the restrictions violated the federal Voting Rights Act and the Constitution.

"This is a strong rebuke to what the North Carolina General Assembly did in 2013. It's a powerful precedent that ... federal courts will protect voting rights of voters of color," said Allison Riggs, who served as the League of Women Voters' lead lawyer on the case.

The Rev. William Barber, president of the state chapter of the NAACP, said in an interview that the ruling was a powerful victory for civil rights and for democracy.

"It is a vindication of our constitutional and moral critique and challenge to the constitutional extremism of our government," he said.

Messages seeking comment weren't immediately returned by the state's Republican governor or legislative leaders.

Earlier this month, a federal appeals court ruled that Texas' strict voter ID law discriminates against minorities and must be weakened before the November elections. That followed a ruling by a federal judge in Wisconsin that residents without a photo ID in that state will still be allowed to vote in November.

North Carolina's voting laws were rewritten in 2013 by the General Assembly two years after Republicans took control of both legislative chambers for the first time in a century. It was also shortly after a U.S. Supreme Court ruling changed the requirement that many Southern states receive federal approval before changing voting laws.

The voter ID mandate, which took effect with this year's March primary, required voters to show one of six qualifying IDs, although voters facing "reasonable impediments" could fill out a form and cast a provisional ballot.

North Carolina legislators made the photo ID requirement for in-person ballots, curtailed the early voting period and eliminated same-day registration and voters' ability to cast out-of-precinct provisional ballots in their home counties.

The appeals court said data showed that these methods were used disproportionately by black voters, who also were more likely to lack a qualifying ID, and it ruled to block these contested provisions of the law.

The judges wrote that in the years before the North Carolina law took effect, registration and participation by black voters had been dramatically increasing.

In June, an attorney representing the state argued before the appeals court that the law's authors were aiming to prevent voter fraud and increase public confidence in elections.

The appeals court reversed a ruling by U.S. District Judge Thomas Schroeder, who determined in April that the plaintiffs failed to prove that the laws made it harder for minority voters to cast ballots.

The federal appeals panel disagreed with Schroeder in its sharply worded opinion.

"We recognize that elections have consequences, but winning an election does not empower anyone in any party to engage in purposeful racial discrimination," the panel said. "When a legislature dominated by one party has dismantled barriers to African American access to the franchise, even if done to gain votes, 'politics as usual' does not allow a legislature dominated by the other party to re-erect those barriers."

Staff writer David Gutman and Associated Press writers Martha Waggoner in Raleigh and Mark Sherman in Washington contributed to this report.

Judge denies injunction of WV DHHR on child-placement reimbursement

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By Lydia Nuzum

A Kanawha County circuit judge denied an injunction request Friday that would have halted changes to West Virginia's reimbursement model for children in long-term psychiatric care facilities - the same day a special Supreme Court commission released a statement accusing the Department of Health and Human Resources of developing those changes "in secret."

Kanawha County Circuit Court Judge Tod Kaufman denied the request for injunctive relief made on behalf of seven youth-services agencies in the state after a hearing held Thursday. In his decision, Kaufman noted that lawyers for the agencies failed to justify their request for an injunction as an "emergency" and, therefore, did not give the required 30 days notice to the DHHR before filing.

Kaufman also wrote that "despite being aware of [the DHHR's] anticipated changes to the state Medicaid plan for months, petitioners failed to provide the state with pre-suit notification."

Susan Fry, executive director of Stepping Stones, one of the private providers involved in the case, said that, although they had been working with the DHHR for more than a year to develop new contracts with the government, the contract presented to them on July 1 was not one they had ever seen.

"Everybody needs to understand that providers did not want to end up in the situation we're in," Fry said. "We all have the same common vision, and we should be able, as adults, to sit down and have conversation, with the kids in the middle of the table."

A timeline of the DHHR's interactions with providers in developing contracts was not presented to Kaufman on Thursday, and DHHR counsel Chris Dodrill argued that the providers had been aware of the changes for a year.

The original deadline for the new contracts, July 25, fell two days before a Juvenile Justice Commission hearing on the changes. The commission issued a news release Friday on its Wednesday hearing with providers, citing testimony from several involved parties that indicated the DHHR had tried to keep the changes secret from the judiciary.

One speaker, Steve Fairley, executive director of Academy Programs in Fairmont, told the commission that DHHR Cabinet Secretary Karen Bowling told providers that the DHHR intended to "blow up" the current system with the proposed changes.

"We were surprised, since the court system is responsible for placing the children in residential care, that the entire residential system would be replaced in secrecy, eliminating judicial discretion and jeopardizing the welfare and safety of children," said commission chairman and Putnam County Circuit Court Judge Phillip Stowers.

Currently, providers who care for children receive a bundled daily rate of $250 from the Bureau for Children and Families and paid for by state funds for room, board and supervision.

The pending DHHR contract would replace bundled rates of $250 a day for residential placements to a standard rate of $178 a day for room, board and supervision, while requiring residential care facilities to bill separately for other services provided to each child on a fee-for-service basis.

It also would eliminate the three classifications of children based on level of treatment needed. Instead, children would be classified as either "standard" or "enhanced."

Additionally, reimbursement for room, board and supervision would be at two rates that have not yet been determined, according to Charles Johnson, a lawyer representing several of the residential treatment facilities.

The changes also include a 180-day limit on treatment, Johnson said.

Linda Watts, deputy commissioner of the Bureau of Children and Families, testified Thursday that the changes would not interfere with judges' oversight of children remanded to state care. She also said the providers' contention that the new contracts prevent providers from discharging children with serious behavioral or medical issues is unfounded.

"What this says is that, once a provider has accepted a child, if that child has behaviors, such as the child was bullied in school and comes in very angry and upset and is threatening to hurt others, we're expecting them ... to de-escalate the situation and assess it," Watts said. "If you look in the next section ... it's very clear that, if they have a serious behavioral issue, a medical issue, if they're committing a crime, the provider can contact law enforcement, get that child into the hospital, and do whatever it takes."

In a statement, Bowling said the changes were intended to promote community-based services and enhance the services residential facilities provide.

"The West Virginia Department of Health and Human Resources respects the role of the judiciary system in the care of all children placed in our custody," she said. "The changes in contracts with providers have been an effort to continue to promote community-based services, while enhancing the individualized behavioral health services offered in shelters and residential facilities.

"The DHHR's paramount concern is the safety and well-being of children in our care. New contracts will only change processes so that the multi-disciplinary team, along with the judiciary system, knows the specifics associated with care that will be provided."

Nine providers have signed the new contract, while 10 others have not. The DHHR has extended the deadline to sign the contract until Aug. 8, and has terminated its existing contracts. Providers who do not sign the contract by next Monday will receive a 30-day notice of termination, and only those that sign contracts will continue to provide services for the state, according to the DHHR.

Johnson said the providers have not decided if they will continue to challenge the contract changes in court.

Reach Lydia Nuzum at lydia.nuzum@wvgazettemail.com, 304-348-5189 or follow @lydianuzum on Twitter.

Quinones asks for federal judge's recusal

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By Kate White

A man acquitted of murder last month who now faces gun charges, has asked a federal judge to step down from his case.

Miguel Quinones, 37, is charged with two counts of being a felon in possession of a firearm. A jury in Kanawha County Circuit Court found him not guilty June 14 in the 2013 death of Kareem Hunter, who was beaten to death in a Marmet apartment and buried in a shallow grave in Raleigh County.

The day after Quinones was acquitted of the murder charge, federal authorities arrested him on the gun charges and he was indicted several days later.

Quinones' case is assigned to U.S. District Judge Joseph Goodwin, the father of Booth Goodwin, who stepped down as U.S. Attorney of the state's Southern District at the end of the year to run in the Democratic primary for governor. Judge Goodwin only recently began accepting criminal cases in the district, as he had previously recused himself from all cases involving Goodwin's office.

But, attorneys for Quinones say in a motion, that federal authorities were investigating Quinones while Booth Goodwin was in office.

The motion points to a report from 2014 made by an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives. In the report, according to the motion, an agent described how, following a search on Dec. 3, 2013, the Kanawha Sheriff's Office, "contacted the United States Attorney's Office ... concerning [Mr. Quinones'] violations of the Federal Firearms Laws."

"In the ensuing months, the government continued its investigation in tandem with a lengthy state investigation," the motion states, adding that the investigation overlapped with a large-scale investigation into an unrelated offense. Quinones is representing by Christian Capece and Rachel Zimarowski with the Federal Public Defender's Office.

A "reasonable observer, knowing that Mr. Goodwin was involved in this case prior to his departure from the United States Attorney's office and that he is the son of Judge Goodwin, could reasonably question Judge Goodwin's impartiality," the motion filed Thursday states.

Also Thursday, Goodwin approved a request giving Quinones lawyers more time to prepare for trial. Trial which had been set for August is now set for Oct. 25.

According to federal prosecutors, Quinones had two guns in Dunbar in October 2013, and two guns when he was arrested at his girlfriend's Charleston home on a probation violation in December 2013.

Quinones was convicted 16 years ago of second-degree murder in the 1995 death of Christopher Reardon, a Beckley bar owner. He was released in 2011, but remained on probation. The felony conviction prohibited him from having a gun.

He faces a maximum 20-year prison sentence if convicted of the federal charges.

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

Two missing children found safe in Jackson County

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By Staff reports

Two Kanawha County children reported missing earlier this week were found safe in Jackson County Saturday, and their mother has been charged in connection to their disappearance, according to police.

Brothers Hunter and Ryder Smith were found safe by Jackson County Sheriff's Deputies, and their mother, Jennifer Renee Smith, 33, of Charleston, has been arrested and charged with violation of a court order, according to Kanawha County Sheriff's spokesman Sgt. Brian Humphreys.

Smith is being held at the South Central Regional Jail. The two children have been placed in the custody of family members.

Crime Report: July 31, 2016

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The following crimes were reported to the Charleston Police Department between July 21 and 27:

East District:

Stadium Place at Huron Terrace, malicious wounding, July 21, 1:11 a.m.

Court Street 300 block, grand larceny, July 21, 6:50 a.m.

Oakridge Drive 2300 block, breaking and entering, July 21, 10:30 a.m.

Lee Street East 200 block, shoplifting, July 21, 10:50 a.m.

Charleston Town Center, petit larceny, July 21, 11 a.m.

Franklin Avenue 1600 block, burglary, July 21, 6 p.m.

Washington Street East 1300 block, shoplifting, July 21, 6:15 p.m.

Washington Street East 1000 block, petit larceny, July 22, 10:40 a.m.

Charleston Town Center, petit larceny, July 22, 6 p.m.

Lee Street East 1400 block, breaking and entering, auto, July 22, 9:30 p.m.

Washington Street East 1500 block, breaking and entering, July 23, 2:50 a.m.

Lee Street 1400 block, burglary, July 23, 7:10 a.m.

Washington Street East/Thompson Street, malicious wounding, July 23, 5 p.m.

Washington/Beauregard, robbery, July 24, 12:30 a.m.

Kanawha Boulevard East 100 block, breaking and entering, July 24, 11:30 a.m.

Quarrier Street 1100 block, petit larceny, July 24, 12:30 p.m.

Washington Street East 1300 block, shoplifting, July 24, 1:40 p.m.

Quarrier Street 1200 block, breaking and entering, July 24, 8:35 p.m.

Washington Street East 1500 block, breaking and entering, July 25, 7:30 a.m.

Franklin Avenue 1600 block, breaking and entering auto, July 25, 10:30 a.m.

Nancy Street 400 block, burglary, July 25, 10:44 a.m.

Lee Street East 400 block, shoplifting, July 25, 2:18 p.m.

Washington Street East 1400 block, petit larceny, July 25, 4 p.m.

Washington Street East 1500 block, breaking and entering, July 26, 3:40 a.m.

Virginia Street East 1500 block, burglary, July 26, 8:01 p.m.

Quarrier Street 1400 block, burglary, July 26, 8:10 p.m.

Plaza East 1300 block, malicious wounding, July 26, 8:50 p.m.

Washington Street East 1500 block, breaking and entering, July 27, 3:42 a.m.

Plaza East 1300 block, petit larceny, July 27, 10:30 a.m.

Lee Street East 400 block, shoplifting, July 27, 3 p.m.

Lee Street East 200 block, shoplifting, July 27, 3:20 p.m.

Kanawha Boulevard East 1500 block, petit larceny, July 27, 8:30 p.m.

South District:

Patriot Way 100 block, breaking and entering auto, July 21, 2 a.m.

Leslie Road 900 block, child neglect, July 21, 9:30 a.m.

Mountaineer Boulevard 2800 block, petit larceny, July 21, 1:30 p.m.

MacCorkle Avenue Southeast 6300 block, grand larceny, July 22, midnight.

Roosevelt Avenue 6500 block, petit larceny, July 22, 1:30 a.m.

MacCorkle Avenue Southeast 6300 block, breaking and entering auto, July 22, 3 a.m.

Carroll Road 800 block, breaking and entering auto, July 22, 6 p.m.

Oakwood Road 200 block, shoplifting, July 22, 10:24 p.m.

Connell Road 1400 block, breaking and entering auto, July 22, 10:30 p.m.

Cedar Road 800 block, breaking and entering auto, July 22, 11 p.m.

Kanawha Mall, breaking and entering auto, July 23, 12:20 p.m.

Mountaineer Boulevard 2800 block, petit larceny, July 23, 1 p.m.

MacCorkle Avenue 6500 block, shoplifting, July 23, 7 p.m.

MacCorkle Avenue 6500 block, shoplifting, July 23, 8:30 p.m.

Cross Terrace Boulevard 200 block, shoplifting, July 25, 10 a.m.

Gordon Drive 700 block, burglary, July 26, 2 a.m.

Fledderjohn Road 1100 block, petit larceny, July 26, 1 p.m.

Lower Donnally Road 700 block, domestic assault, July 26, 11:32 p.m.

West District:

5th Avenue 2400 block, burglary, July 21, 7:10 a.m.

Zabel Drive 2200 block, petit larceny, July 21, 10 a.m.

Virginia Street West 700 block, malicious wounding, July 21, 2:40 p.m.

Orchard Street 1000 block, breaking and entering, July 21, 6:30 p.m.

Park Avenue 400 block, petit larceny, July 21, 8:15 p.m.

Lee Street West 100 block, robbery, July 21, 10:01 p.m.

Somerset Drive 800 block, burglary, July 22, 7:30 a.m.

Glover Street 500 block, burglary, July 22, 10:45 a.m.

Crescent Road 700 block, wanton endangerment, July 22, 3 p.m.

Mountain Road 1100 block, petit larceny, July 22, 3:30 p.m.

Woodrow Wilson Place 800 block, petit larceny, July 22, 7:15 p.m.

Buchanan Street 300 block, petit larceny, July 22, 8 p.m.

Lippert Street 2100 block, petit larceny, July 23, 2 a.m.

Clay Avenue 1600 block, malicious wounding, July 23, 2 p.m.

Presioso Place 100 block, malicious wounding, July 23, 3:50 p.m.

1st Avenue 1200 block, petit larceny, July 23, 7 p.m.

Indiana Avenue 800 block, petit larceny, July 24, midnight.

Beech Avenue 700 block, breaking and entering auto, July 24, 3 a.m.

Washington Street West 800 block, wanton endangerment, July 24, 5 a.m.

Central Avenue 700 block, burglary, July 24, 9:30 a.m.

Bigley Avenue 1800 block, breaking and entering auto, July 24, 4 p.m.

Washington Street West 800 block, brandishing, July 24, 8:30 p.m.

32nd Street West 300 block, breaking and entering, July 24, 11 p.m.

3rd Avenue 1400 block, burglary, July 25, 7:30 a.m.

Randolph Street 700 block, petit larceny, July 25, noon.

Red Oak Street 1400 block, burglary, July 25, 1:40 p.m.

Virginia Street 400 block, breaking and entering, July 25, 4:06 p.m.

Main Street 1100 block, breaking and entering, July 25, 5:30 p.m.

Main Street 500 block, breaking and entering auto, July 25, 8:30 p.m.

Amity Drive 800 block, petit larceny, July 25, 11:20 p.m.

Main Street 900 block, wanton endangerment, July 26, 4:16 a.m.

Elm Street 400 block, petit larceny, July 26, 1 p.m.

Virginia Street West 100 block, petit larceny, July 26, 5:30 p.m.

Tennessee Avenue/Wyoming Street, robbery, July 26, 6:20 p.m.

Hudson Street 1900 block, burglary, July 26, 7:30 p.m.

Delaware Avenue 500 block, grand larceny auto, July 27, 5 p.m.

On file: July 31, 2016

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Marriages

The following people applied for marriage licenses in Kanawha County between July 21 and 28:

Matthew Anthony Turner, 49, and Monika Siera Diaz, 25, both of Charleston.

Todd Christopher Jordan, 30, and Leslie Leigh Pauley, 30, both of Cross Lanes.

Daniel Ross Davis, 22, of Clendenin and Emily Ann Canterbury, 22, of Elkview.

Matthew Ryan Keen, 27, of Athens, Tennessee and Kelley Jo Grose, 23, of Elkview.

Michael Vincent Stover, 45, of Charleston and Susan Linnette Wooten, 42, of Cross Lanes.

Cody Ryan Downey, 25, of St. Albans and Kristin Leigh Stevens, 23, of Fraziers Bottom.

Jonathan Scott Kirk, 27, and Alisha Jade Milum, 22, both of Charleston.

Steven Michael Hunt, 32, and Tiffany Lashawn Brown, 33, both of Charleston.

Nolan Adam Sankoff, 26, and Adair Rae Burgess, 22, both of Elkview.

Brian Alexander Barnes, 32, of St. Albans and Tiffani O'Neil Chaney, 27, of Charleston.

Troy Preston Vermillion, 27, of Cross Lanes and Caitlin Nicole Lipscomb, 23, of Elkview.

Jack Elwood Kuhn III, 34, and Emily Amber Perdue, 23, both of St. Albans.

Russell William Lucas, 25, and Alyssa Danielle Foster, 25, both of Elkview.

Justin Lorian Billanti, 33, and Sherri Renea Hatfield, 39, both of Dunbar.

Richard Hudson Dotson II, 44, and Kimberly Grace Parmer, 44, both of Charleston.

Leonard Dana Haynes, 55, and Lelli Renee Albright, 49, both of Charleston.

Douglas Judson Crouse, 32, and Jada Lauren Powell, 30, both of Charleston.

Lovell Rheuben Holstine, 67, and Katie Jane Atkinson, 31, both of Alum Creek.

Terry Wayne Powers, 32, and Cierra Danielle Boyd, 25, both of Dunbar.

Joseph Henry Scott, 55, and Diana Lynn Stephenson, 59, both of St. Albans.

Jack Dana Jarrett, 52, and Melisa Nicole Dean, 40, both of Charleston.

James Willie McClennaham II, 31, and Natasha Michelle Grimes, 32, both of St. Albans.

Logan James Henderson, 28, of Sumerco and Makayla Kris Walker, 21 of Charleston.

Sean Anthony Stevens, 28, of Cross Lanes and Amy Kay Taylor, 28, of Montgomery.

Brandon Douglas Lovejoy, 34, of Charleston and Malissa Dawn Miller, 26, of St. Albans.

Tyler Dean Starcher, 25, and Brittanie Ann Lucas, 30, both of Charleston.

Cecil Ashley Tankersley, 60, and Kimberly Ann Montgomery, 50, both of St. Albans.

Divorces

The following people filed for divorce in Kanawha County between July 22 and 29:

Rachel Michelle Ellis from Brian Joseph Ellis

Patrick Leonard Kelley from Sarah Ann Kelley

Clara Elizabeth Lynn Perryman from Eric Robert Shipman

Kimberly Ann Jeffrey from Paul David Jeffrey Jr.

Kristin Lee Tibbetts from Nicholas Joshua Tibbetts

Patricia Ann Hawk from Keith Linville Hawk

Keith Linville Hawk from Patricia Ann Hawk

James W. Alford from Edith M. Alford

Jacqueline Renea Justice from Brandon Scott Justice

Clydena Jean Broughton from Turon Gholston

Angela Marie Selbe from James Clifford Selbe

Frances Nichole Godbey from Christopher Todd Putillion

Heather Nichole Smith from Scottee Allen Smith

Dustin Philip Ford-Underwood from Rochelle Nicole Underwood

James E. Wilson from Tracie D. Wilson

Jenny Marie Patchell from William Ryan Patchell

Stephany E. Roberts from Gabriel P. Roberts

Jordan Mitchell Moubray from Alexsis Danyale Moubray

Jessie Callie Bowlin from Luke Shipley Bowlin

Shawn David Caldwell from Brittney Anne James

Loretta Coleman from Charles Coleman

David A. Richards from Beverly Johnson Richards

Property Transfers

The following property transfers of $50,000 or more were recorded in Kanawha County between July 21 and 28:

Leland Ray and Sherry Lee Johnson to James L. Greene and Jennifer L. Linville. Lot, St. Albans, $160,000.

Philip G. and Jami D. Cash to Ashley N. Hodges and Eric Douglas Hager. Lot, Elk District, $265,000.

David L. Crowder, Dina Crowder and Wendy Doig to Mark A. Miller, Robert Lee Miller and Nina J. Miller. Lot, Kanawha County, $125,000.

James M. and Patricia Ann Duffy to Klint J. Frazier. Lot, Jefferson District $180,000.

Golden & Amos PLLC to Federal National Mortgage Association. Lot, Elk District, $137,900.

Karen E. Barker, Constance A. Williams and Arbutus G. Griggs to Jack B. Cottrell, Deborah J. Cottrell, Patrick L. Nicholson and Valeria Nicholson. Lots, Jefferson District, 92,000.

Golden & Amos PLLC to DiTech Financial LLC. Lot, Cabin Creek District, $72,000.

Smith Fastener Co. Inc. to Watts Investments LLC. Lot, Loudon District, $1,500,000.

David T. Holcomb and HLC Developers Inc. to Timothy W. and Debra Lynn Runyan. Lot, Union District, $93,000.

Ruby Eloise McCune to Mark A. and Brenda L. Hickman. Lot, Jefferson District, $85,000.

Chris A. Romeo to Joshua M. Stepp. Lot, Dunbar, $100,000.

Gregory W.N. Bird to Rance II and Kelley A. Berry. Lot, South Charleston, $139,000.

Michael and Jaime D. Burke to Julia Morrison Beury, Harriet Smith Beury and Larry Linwell Rowe. Tract, Malden District, $115,000.

Sheri R. Warner to Guadalupe C. Jeffers. Lot, Charleston, $118,000.

Joey B. Lafferty to Susan E. Layne. Lot, Dunbar, $106,000.

Doyle Richard Skidmore and Doris C. Saunders to Patricia Claudette Broyles. Lot, Dunbar, $70,000.

Seneca Trustees Inc. to Federal Home Loan Mortgage Corporation. Lot, Charleston, $56,250.

U.S. Bank National Association to Derek Murphy. Lot, South Charleston, $54,000.

Orville and Patricia Shaffer to Gregory A. Rider. Lot, Charleston, $50,000.

John E. Jr. and Donna Legg to Larry L. and Cheryl J. Hutsenpiller. Lot, Dunbar, $107,000.

Eleanor R. Lewis to Jonathan David Holstein. Lot, Union District, $62,000.

Carol J. Condon, Joyce L. Townsend, Jodi Marie Sowards, Michelle Lynn Good and Travis Justin Raines to Queen Creek Properties LLC. Lot, Charleston, $157,500.

Betty Lou Carter to Mark A. Burdette. Lot, Poca District, $80,000.

Ernest L. Sanders Jr. and Karen Y. Sanders to William J. and Kristy L. Saunders. Lot, Union District, $90,000.

KCI Properties LLC to Baum America Corp. Lot, Union District, $740,000.

Thomas A. McCarty to Jacqueline A. Holland. Lots, Dunbar, $230,000.

Steven R. and Nancy M. Shumate to Ronald D. and Marilyn L. Chambers. Lot, Charleston, $265,000.

Vickie D. Church to Michael Corey and Jessica Leigh Lekas. Lot, Jefferson District, $85,000.

Scott Morgan Sprouse to Thurman L. Workman, Nancy L. Workman and Johnathan T. Workman. Lot, Charleston, $127,500.

Angela G. Millican,Yvonne K. Snyder, Perry B. Debord II, Barbara J. McCormick and Karen D. Williams to David L. Yaussy and Rebecca R. McPhail. Lot, Loudon District, $260,000.

Chun Wai and Yee Hung Yan to John P. and Bernadette M. Fields. Lot, Union District, $168,000.

Mark Bevino to Shalimar N. Wilder and Kathryn M. Lester. Lot, Charleston, $164,000.

Jeffrey R. Carper to Julian A. Skinner. Lot, St. Albans, $129,000.

James David and Linda Ellen Edwards to Joel L. Grow. Lot, Washington District, $360,000.

Jeffrey B. and Jessica L. Isner to Steven M. and Rachel L. Clark. Lot, Elk District, $136,900.

Jerry L. and Sheila Kent to Corey N. Stone and Leigh A. Junker. Lot, Union District, $93,000.

Timothy M. Lee to Nicholas G. Hensley. Lot, South Charleston, $107,000.

Richard O. and Jamie Oberst to Scott A. and Sheri A. Mooney. Lot, South Charleston, $225,000.

Gregory Adkins to John F. Leaberry. Lot, Charleston, $112,500.

Bankruptcies

The bankruptcies listed below are limited to those filed by residents or companies in the Gazette-Mail's circulation area. Chapter 7 designates the liquidation of non-exempt property; Chapter 11 calls for business reorganization; Chapter 13 establishes a schedule of payments to creditors. The following bankruptcies were filed between July 21 and 28:

Amy Jolene Thorn, Williamson, Chapter 7. Assets: $7,506, Liabilities: $229,441.

Dustin Loyd Vance, Richwood, Chapter 7. Assets: $21,640, Liabilities: $114,305.

Michael Jason Long, Swiss, Chapter 7. Assets: $24,905, Liabilities: $113,756.

Kevin Gene Davis, Branchland, Chapter 7. Assets: $47,440, Liabilities: $37,270.

Edna Wood Higginbotham, Charleston, Chapter 7. Assets: $56,916, Liabilities: $80,548.

Robert Allen Jr. and April Edwina Albaugh, Dixie, Chapter 7. Assets: $149,626, Liabilities: $207,280.

Bruce Alden McClung, Quinwood, Chapter 7. Assets: $2,668, Liabilities: $2,918.

Judy Gail Pinson, Beckley, Chapter 7. Assets: $55,320, Liabilities: $172,467.

Melanie Jo Nelson, Pineville, Chapter 7. Assets: $120,747, Liabilities: $117,153.

Bradley Steven Dean, Marlinton, Chapter 13. Assets: $2,500, Liabilities: $17,242.

Adam DeWayne and Jenny T. Greathouse, Evans, Chapter 13. Assets: $234,786, Liabilities: $347,914.


Appalachian Bible College sues over donation

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By Kate White

Appalachian Bible College is suing a Pennsylvania company in federal court claiming it failed to honor a donor commitment.

The school in Mount Hope in Raleigh County says Foremost Industries pledged $4 million before the company was sold.

Ralph Michael made a deal to sell his manufactured homes company in May 2015 below what it was worth as long as the buyer honored his commitment to the school, the lawsuit states.

The asking price for Foremost Industries was $10 million, but Michael agreed to sell it to Daniel Gordon for $3 million plus the $4 million Michael had promised the school, according to the complaint. Gordon allegedly led Michael to believe he intended to continue to operate Foremost Industries, keep the employees working and satisfy the gift agreement, when he really had no such intention, the lawsuit states.

The first payment that was allegedly due in April on the gift agreement was never paid, according to the complaint.

The school, which is represented by the firm Pullin Fowler Flanagan Brown & Poe, says the gift agreement was to act as an inducement for other donors to make contributions for its charitable purposes. The breach of the agreement has therefore prevented other donations and gifts, the lawsuit alleges.

The school argues the company legally is obligated to pay it the money. No one from the company could be reached Friday for comment. The lawsuit is assigned to U.S. District Judge Irene Berger.

The lawsuit also says that Michael didn't know when he sold the company to Gordon that in 2005 Gordon was sentenced to spend 42 months in federal prison for wire fraud, money laundering and conspiring to falsify books and records.

"It is clear from Daniel Gordon's past and present actions and the actions and representations of Foremost Industries Inc. that Foremost Industries Inc. has no intention of complying with the Gift Agreement," the lawsuit states.

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

Imam cites population fall for departure, says West Virginians inspire him

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By Erin Beck

Several months ago, Dr. Sameh Asal, who was the new imam of the Islamic Association of West Virginia, said he had noticed many West Virginians seemed unhappy about staying in the state.

In an interview about his move to the state and his plans, Asal said they often asked him why he would move from Raleigh, North Carolina, to Charleston.

"People here underestimate themselves," he said. "It gave me a feeling that people are not happy about staying here."

Now, Asal is leaving - in large part, because everyone else is.

During an interview last week, Asal, who was born in Egypt, said he felt he could do more good in the United States living in a thriving community, where there are more people to serve. He also said his family members feel they will be happier in a larger, more diverse community.

In May, the U.S. Census reported the population in Charleston had dipped below 50,000 for the first time since the 1920 Census. In March, the U.S. Census reported the state was losing population faster than any other state in the country.

In a bigger community, his efforts to dispel misconceptions about Islam will reach more people. And in a bigger community, more people, especially youth, are available to help serve the community by volunteering for projects.

In Raleigh, where he last served as imam, he encouraged Muslim youth to work with Habitat for Humanity to build houses for the less fortunate.

Here, he watches graduating seniors take off for college and never return.

Asal leaves Monday for a new position as the imam in Birmingham, Alabama, where he hopes to be able to take on some larger projects he says weren't possible in West Virginia.

But he leaves traces of his work behind.

Asal has been here for 14 months. He says because of the relationships he's built, it has felt more like 14 years.

Asal was imam in West Virginia during a time of rising Islamaphobic sentiment here, and in the rest of the United States. He tried to combat that by establishing interfaith partnerships and interacting with other West Virginians, whether that was having lunch with another faith leader or speaking to a group of elementary school students.

Each time he spoke to a group, he prefaced the talk by saying "I'm not going to be offended by anything. Ask any question that comes to your mind."

"It's always great just to get closer and to get to know people face to face and to talk as a human being, so people will know you rather than know about you," he said.

Rabbi Victor Urecki, of B'nai Jacob Synagogue, said Asal was the first person to visit each of Urecki's parents when they were in the hospital.

"I am a better rabbi because of him and a kinder friend to the Muslim community because of his actions, his warmth and his teachings," Urecki said.

Asal was also one of the people that established the West Virginia Interfaith Refugee Ministry, a group that started to create greater understanding of the plight of Syrian refugees.

The group is now is working to turn Charleston into one of the Episcopal Migration Ministry's "resettlement communities." As Asal leaves West Virginia, that group will continue its work to bring people here - Syrian refugees fleeing the devastation of civil war.

Asal said just because he's leaving doesn't mean the relationships he's established will fade away.

"I was building the bridges for a community," he said.

And although he says volunteerism opportunities will be more plentiful in Alabama, there was volunteer work to be done while he was here, too. He was impressed by the response of the Muslim community to the June 23 flood. Although it was Ramadan, a holy month, he said they tirelessly collected donations. He was heartened to watch youth compete to see who could distribute more supplies.

"During those days, I said, 'There's no voice higher than the voice of the floods,'" he said.

Many Charleston community members now have a place to stay if they ever visit Birmingham.

"You have a good friend - you have a brother there," he tells them.

Asal said he was inspired by the spirit of West Virginians.

"It's a place that you rarely find," he said.

It reminded him of his rural upbringing in Egypt.

His face lights up when he talks about walking or driving down the road and seeing people smiling and waving at him.

"Even a child would do that," he said, "How about that?"

He can't stop smiling when he talks about how other wrestling parents treated his 9-year-old son, Abdulrahman, and the rest of his family members.

"They were treating us like family," he said. "Parents were treating my child like their child."

When all the hate toward Muslims in the world weighed on him, sometimes he would watch a video of his son wrestling recorded by 4-year-old Sam, one of his son's teammates. The camera work could be improved, but Sam makes up for it in enthusiasm. To Sam, Asal's son's faith was clearly irrelevant.

"Go Abdul!" the boy squeals. "Abdul, go! Go, go, go! Abdul, 19 seconds left, Abdul. 13-12-11-10-9-8-7-6-5-4-3-2-1-0!"

"I even told his dad that I wish all of the people in the world were like that," Asal said. "You wouldn't have any evil in the world."

Asal said he will always cherish his time in West Virginia, and the connections he made with the people who still call this state home.

"Be confident you have an ambassador of West Virginia," he said.

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

Police: Charleston man stabbed after checking on vehicle in road

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By Staff reports

A Charleston man was stabbed after checking on a vehicle in the middle of the road in Sissonville on Sunday, police say.

Andrew Edens, 26, stopped his motorcycle just after midnight to check on the blue minivan in the middle of Kanawha Two-Mile Road, according to a news release from Kanawha Sheriff's Sgt. Brian Humphreys.

Edens was stabbed multiple times, Humphreys said. He is now in stable condition.

The suspects, a man and a woman, fled.

Anyone with information can call Detective A. Pile of the Kanawha County Sheriff's Office at 304-357-0169, email Tips@KanawhaSheriff.Us or submit tips online at www.kanawhasheriff.us.

Putnam man pleads not guilty in woman's slaying

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By Laura Haight

WINFIELD - A Putnam County man accused of killing a woman after she told him not to contact her anymore pleaded not guilty to a first-degree murder charge on Monday morning.

Philip Casto, 34, of Scott Depot, pleaded not guilty in Putnam Circuit Court to the shooting death of Jennifer Evans, 27, who was found dead in her Hurricane-area home in September.

Casto's current trial date is Oct. 31 at 9 a.m. His attorney, David Moye, asked Monday to waive Casto's right to a speedy trial and to push the trial back to January, because of the large volume of evidence and reports in the discovery packet.

Moye said he is also contacting two experts, and Casto's defense depends on the experts getting back to Moye before the trial.

Putnam Circuit Judge Phillip Stowers denied Moye's request to delay the trial on Monday, but said he would revisit the request at a hearing on Sept. 30.

At a preliminary hearing last October, prosecutors presented evidence to Putnam Magistrate Linda Hunt that documented the relationship between Casto and Evans.

The evidence suggested that Evans had asked Casto to cease contact with her, Putnam Prosecuting Attorney Mark Sorsaia said at the time.

Surveillance footage captured a silver Honda Civic pulling into the parking area near Evans' home at 4:38 p.m. and leave at 4:54 p.m. on the day of her death. During those 16 minutes, Evans sent a text message to her husband indicating that Casto had visited the home.

According to a criminal complaint, Evans' husband found her body when he returned home around 5:30 p.m. that day.

Police have said Casto bought a .40-caliber Glock handgun from a Hurricane pawn shop the day before Evans was killed.

Casto's wife told police that he and Evans had recently ended an affair. But Evans' husband told police that his wife had been "pursued" by Casto, and she had recently broken off all communication with him.

Casto was captured by Massachusetts police in a shopping mall in Braintree, a suburb of Boston, the day after the shooting.

He is being held without bail at Western Regional Jail in Barboursville.

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

Man sentenced to 5 years in Huntington drive-by shooting

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HUNTINGTON, W.Va. (AP) - A Huntington man has been sentenced to five years behind bars for a drive-by shooting last year that left two men injured.

The Herald-Dispatch reports that 31-year-old Joseph L. Harper II was recently sentenced in Cabell Circuit Court after he entered a Kennedy plea to wanton endangerment. A Kennedy plea allows a conviction without the defendant admitting guilt or explaining his role in a crime.

Authorities say Harper injured two men in their 20s during a drug-related shooting outside a Huntington residence in October.

The five-year sentence will run at the same time as a Kanawha County sentence Harper is currently serving. It was not immediately clear what sentence Harper is already serving.

Charleston councilman says he was attacked on West Side

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By Kate White

A Charleston city councilman says he was attacked just after 2 a.m. Monday on the West Side, according to police.

Bernard Slater Jr. was at the Go Mart in the 800 block of Washington Street West, near Stonewall Jackson Middle School, when a group of men attacked him, he told Kanawha County Metro 911 dispatchers, according to Lt. Steve Cooper, chief of detectives for the Charleston police.

Slater's nose was injured during the beating, Cooper said. The councilman used a nearby phone to call 911.

Slater told police he didn't know his attackers. He identified them, Cooper said, as a group of black males.

Police are investigating and are asking for any video surveillance from the area that might have captured the incident.

On Monday, Slater told a reporter he had stopped at Go Mart for a pack of cigarettes when he saw the group of men "bullying" another person and told them to stop.

That's when the group turned on him, he said.

"I turned around, put up my hands and said 'I don't wanna fight,' [but they] kept coming at me," Slater said. "They got me on the ground, and that was it."

Slater said his uncle, who was also at the scene, managed to get him into the car after the assault, where they drove to nearby Save-A-Lot and called police to report the incident.

Shortly after, paramedics took Slater, who said he has hemophilia, to the hospital to receive blood.

Slater, a Democrat, was elected last year to the council seat for Ward 1, which includes much of North Charleston west of Patrick Street. He defeated former councilman Pat Jones by two votes in the primary, and then got 150 votes against 97 votes for write-in candidates in the general election.

Slater's criminal history, including three previous arrests on DUI charges, was an issue during his campaign for the City Council last year. Slater told a reporter at the time that he used to struggle with a substance abuse problem but that his "history is not relevant now that I have gave my life to Christ."

After his election, police allegedly found text messages from Slater to a man who was charged with murder for providing heroin to a woman who later died. That man, Steven Coleman, pleaded guilty to involuntary manslaughter and a drug charge.

In 2009, Slater was charged with DUI and possession of a controlled substance. A criminal complaint stated that Slater was found slumped over in his car in the parking lot of Southmoor Apartments. Police found a Xanax pill in his car, and he allegedly said he didn't have a prescription for it. Those charges, all misdemeanors, were dismissed as part of a deal with prosecutors.

In 2010, Slater was charged with another DUI after a car crash on Interstate 64/77, near the Greenbrier Street exit in Charleston. He also was charged with having no proof of insurance and driving with his license revoked because of his previous DUI. Slater pleaded guilty to DUI and driving with a suspended license. The insurance charge was dropped as part of his plea, according to court documents.

In March, Slater was charged with second-offense driving under the influence and driving on a revoked license. He was stopped by a policeman on Charleston's East End who saw him driving "well below" the speed limit at 3:30 a.m. on a Friday.

Staff writer Elaina Sauber contributed to this report.

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

National Night Out crime prevention events planned throughout WV

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By Erin Beck

Cities throughout West Virginia, and the United States, will hold National Night Out events on Tuesday.

The events give community members a chance to get to know their local police officers and neighbors and learn more about crime prevention. A variety of activities are planned, ranging from safety talks to face painting and live music.

In West Virginia, events are planned for Charleston, Martinsburg, Parkersburg and several other cities.

Huntington is also considering holding one on Oct. 6, according to Captain Hank Dial. Huntington hasn't held one in several years.

Charleston Police Chief Brent Webster said several of the locations holding National Night Out events in the city are tied to active neighborhood watch groups that regularly hold the events.

He noted that when there is an increase in crime in an area, everyone wants to hold community meetings, "but the interesting part is a lot of these sites, they've been doing something for years."

He said the events are beneficial because they give officers a chance to fellowship with community members and give officers another opportunity to provide crime prevention tips.

The East End has experienced an increase in break-ins lately. Webster noted that many break-ins in Charleston, in general, occur when people leave cars or sheds unlocked. Sometimes people just need a reminder to be vigilant, he said.

"Maybe a safety talk will keep someone from being victimized," he said.

Parkersburg Police Chief Joseph Martin said the city will hold its first National Night Out event this year.

He said the event is a result of an increase in neighborhood watch groups over the last several months. Organizers hope to recruit more neighborhood watch participants at the event.

"It's a collaborative effort between our neighborhood watch groups and the police department," Martin said.

Even though the relationship between the police and the communities they serve is strained in many parts of the country, Martin said that isn't the case in Parkersburg.

"They've been supporting the police department as a result of the things that happened in Dallas and St. Louis," he said. "We've seen a ton of support from our community. It's very humbling for us."

He said the event will be held at The ROCK, a church in Parkersburg at 1305 37th St., from 6 to 8 p.m.

In Charleston, the National Night Out events planned include:

n Orchard Manor: 5:30 to 8 p.m. Hot dogs, face painting for kids, music, fire trucks and a smokehouse for kids, an ambulance and free hair cuts by Trey's Barber Shop.

n Washington Manor: 5:30 to 8 p.m. DJ Ernie White, dunking machine, two bounce houses, "Kung Fu Panda" and door prizes every few minutes until they are gone.

n South Park Village: 6 to 8 p.m. Hot dogs, snow cones, popcorn, face painting and bounce house.

n Carroll Terrace: 6 to 8 p.m. Games, walk around the block from the backside of Carroll Terrace to Virginia Street, Elizabeth Street, Kanawha Boulevard and back to the front of Carroll Terrace.

n Lee Terrace: 6 to 8 p.m. Food, music, prizes, special guest speaker Michael Pushkin.

n Lippert Terrace: 6 to 8 p.m. Walk around the block.

n Jarrett Terrace: 6 to 8 p.m. Live music and refreshments.

n Brooks Manor: 5 to 6 p.m. Cookout for residents and safety talk.

n Agsten Manor: 6 to 7 p.m. Safety talk for residents.

n Kanawha City Neighborhood Watch Picnic: 6 to 8 p.m. Westminster Presbyterian Church, 5502 Noyes Ave. S.E. Church basement will be open at 5 p.m. Hot dogs, drinks, side dishes, cornhole (WVU and Marshall) games and live music.

n Sherwood Forest: 6 to 8 p.m. 1417 Robin Hood Rd. Food, snow cones, bike contest for kids, bounce house, Charleston Fire Department fire truck.

n 2nd Avenue Recreation Center: 6 to 8 p.m. Pickup basketball games, board games and hot dogs.

n Asbury United Methodist Church: 6 to 8 p.m. Unknown activities.

n Hillcrest Village: 6 to 8 p.m. Backpack giveaways and relay games for kids.

For more information on Charleston events, contact Sgt. Paul Perdue at paul.perdue@charlestonwvpolice.org or Cpl. Gary Daniels at gary.daniels@charlestonwvpolice.org or call 304-348-6470, ext. 4917.

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


Fayetteville man gets 24 years for sex abuse

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By Staff reports

A former Fayetteville Little League coach who sexually abused children was sentenced Monday to minimum of 24 years in prison.

In April, John Hunter Krise, 27, pleaded guilty to six felony crimes: two charges of sexual abuse by a parent, guardian, custodian or person in a position of trust, two counts of soliciting a minor via computer and two counts of distributing, displaying or possessing child pornography.

Investigators opened the case against Krise after one of his victims disclosed what was happening during a counseling session. The counselor then contacted the authorities and other parents.

Investigators found almost 2,000 child pornographic images and inappropriate messages to his victims.

"Unfortunately, these kids are going to have to live with this for a very long time," said Larry Harrah, the Fayette County prosecuting attorney.

The victims were all male and in between the ages of 11 and 13 years old.

Harrah said Krise never said anything in public to the boys, just used text and Kik messages.

Krise apologized to the victims families before he was sentenced by Judge John Hatcher Jr.

Krise will be up for parole after 24 years. He will serve no more than 60 years. If released on parole, Krise will undergo intense supervision for another 25.

"I think the children of Fayette County are safer now that this man is off the streets," Harrah said.

Ethics charges filed against Nicholas County judge-elect

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By Kate White

Ethics charges have been filed against a Summersville lawyer claiming he used shady tactics while campaigning for the May election, in which he narrowly defeated a longtime Nicholas County Circuit judge.

About a week before Steve Callaghan beat Circuit Judge Gary Johnson by 220 votes, a flier was sent out to voters in Nicholas County, purporting to show Johnson partying with President Barack Obama. Johnson has been judge for 23 years.

In a filing made public Friday, the Judicial Investigation Commission alleges Callaghan created the flier, or caused it to be distributed, and charges him with violating the rules judges and judicial candidates are required to abide by. Candidates for judicial office are required to comply with the state's Judicial Code of Conduct.

Callaghan is set to take office Jan. 1. He has 30 days to respond to the statement of charges. Eventually, arguments will be made before members of the Judicial Hearing Board, who will make a recommendation to state Supreme Court justices.

Judge Ronald Wilson, who chairs the judicial commission, writes in the statement of charges that formal discipline is appropriate.

The two-page political flier Callaghan sent, or caused to be sent to voters, the filing states, "was intended to deceive voters into believing that Judge Johnson and U.S. President Barack Obama were drinking beer and partying at the White House while conniving with one another to kill coal mining jobs in Nicholas County."

On May 5, the same day it was mailed to voters, the flier was posted to Callaghan's Facebook campaign page, according to the statement of charges. That night, a state disciplinary lawyer called Callaghan and told him that she believed the flier violated state ethics rules.

The lawyer told Callaghan that if he took down the Facebook posts and ran radio ads to counter the negative effects of the flier, she wouldn't file a disciplinary complaint against him, the charges state. She added, though, that if someone else were to file a complaint against him, it would be investigated. Nicholas Johnson filed a complaint against Callaghan on May 26.

According to the charges, Callaghan immediately removed the flier from his Facebook page. He posted an apology, which explained that the mailer was an inaccurate portrayal of Johnson.

Callaghan also purchased radio ads, which ran eight times between May 7 and 9, according to the charges.

"If you receive a mail advertisement recently from Steve Callaghan, Candidate for Nicholas County Circuit Judge, showing Judge Gary Johnson visiting the White House, please understand that the specific characterization of the White House visit may be inaccurate and misleading and should not have been sent containing this inappropriate information," the radio ad stated in part.

Saying Monday that he was following the advice of his lawyer, Callaghan issued a written statement when asked about the filing of the ethics charges. The statement refers to the flier as a "Photoshopped parody" and refers to the First Amendment, which, the statement reads, "protects a vigorous and robust exchange of ideas, parody, and other expressions of opinion, particularly in the context of an election."

Callaghan, in the statement, apologizes for any "misunderstandings or perceived inaccuracies" and adds that he didn't mean to mislead the public.

According to the statement of charges, Callaghan admitted that the idea for the flier was based on Johnson's June 2015 attendance at a child trafficking seminar in Washington, D.C. Members of the state Court Improvement Program, which Johnson chairs, attended the weeklong conference of the National Court Improvement Program.

Rainmaker Inc., a consulting firm hired by Callaghan to conduct research on Johnson, discovered information about Johnson's trip in a news story and a press release issued last year by the state Supreme Court.

"The press release and the news article made absolutely no mention of a party, alcohol or President Obama attending the event," the statement of charges against Callaghan reads. "Judge Johnson has never met President Obama. Judge Johnson has never been invited to the White House by President Obama."

The filing against Callaghan also states that Johnson "did not have any involvement in any loss of coal mining jobs in Nicholas County. As a judicial officer, Judge Johnson did not have any involvement in policymaking decisions by President Obama concerning coal."

As a judge, Johnson is required to remain neutral and detached from such issues, the filing states.

Johnson could not immediately be reached for comment.

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

Bank robbery reported on Bridge Road in Charleston

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By Staff reports

Charleston Police are investigating a bank robbery in the South Hills neighborhood of Charleston.

A man robbed the City National Bank on Bridge Road about 3:30 p.m. Tuesday, a Metro 911 dispatcher said.

“He entered the bank, he presented a demand note and robbed the bank of an undisclosed amount of cash,” said Lt. Steve Cooper, chief of detectives for the Charleston Police Department.

Cooper said he could not say if a weapon or the threat of an explosive was involved.

The dispatcher described the purported robber as a white man, about 40 years old, about 6 feet tall, who left the scene in a car.

The car was a dark-colored Mazda Miata, Cooper said.

He said a witness got a “very good bead” on the suspect, visually, and that an acquaintance may have recognized him fleeing.

Cooper said investigators would be sharing images related to the robbery and asked anyone who might know anything to call 911 or Charleston Police.

“You can never really predict bank robberies,” Cooper said. The circumstances are always different. But it’s not rare; bank robberies are not rare.”

The call from the bank’s alarm company came in at 3:40 p.m., the dispatcher said.

Berkeley sheriff's candidate faces heroin charge

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MARTINSBURG, W.Va. (AP) - A candidate for sheriff in West Virginia's Eastern Panhandle has been charged with heroin possession.

Media outlets report that Republican John Orem was arraigned in Berkeley County Magistrate Court on Tuesday and released on $5,000 bond.

According to a criminal complaint filed by State Police, Orem was found unresponsive at his Inwood home Tuesday. Trooper M.D. Gillmore said in the complaint that a cotton ball found in a bathroom cabinet tested positive for heroin.

It wasn't clear whether Orem has an attorney. He didn't immediately return a telephone message Tuesday.

Orem is a former Martinsburg police officer who defeated eight GOP challengers in the May primary. He'll face Democrat Curtis Keller and independent candidate Lisa St. Clair in November. Incumbent Democratic Sheriff Kenny Lemaster is seeking a House of Delegates seat.

Putnam County honors law enforcement officers

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By Laura Haight

Multiple Putnam County organizations came together to honor local law enforcement officers Tuesday.

Law enforcement officers attended a luncheon at Wexford Village at Devonshire with catered food and gift bags made by children in the apartment complex.

The Putnam County Rotary, Putnam County Chamber of Commerce, Crede Lawn Service, Wexford Village at Devonshire and Bellaire at Devonshire joined together to host the event.

Dave Allen, president of the Putnam County Rotary, said the event was slightly improvised. He came up with the idea shortly after the police officers in Dallas were killed, and ran it by the Rotary.

At the beginning of the luncheon one of the members held up a phone with an American flag image to say the pledge of allegiance - another part of the improvisation.

Allen thanked the officers for serving the Putnam County community.

"Most of us, when you kiss your wife and kids in the morning we don't take into consideration that may be the last time you see them," Allen said. "You live this every day."

Putnam County Sheriff Steve DeWeese said he was grateful for the community's support, especially in times where law enforcement has been treated negatively.

"It's really nice to know you have community support for law enforcement," DeWeese said.

He was especially impressed with the turnout of law enforcement officers at the luncheon. DeWeese said while officers are always appreciative of an event like this, it's sometimes hard for officers to attend because they don't feel they deserve special recognition.

"Most don't want to attend because they feel it's just their job," DeWeese said. "They don't want the attention."

Heather Harrison, a deputy with the Putnam County Sheriff's Department, attended the luncheon with her two young daughters, her husband and father - who is also a law enforcement officer.

Harrison said she enjoyed being able to interact with community members and be seen as more than a law enforcement officer.

"With events like this, it's good for people to see us as a person, with our family, as real people," Harrison said.

Lately Harrison said she's been stopped by community members expressing gratitude for law enforcement.

"All of us are very appreciative of community support," Harrison said. "We don't take it for granted."

The apartment community especially likes leasing to law enforcement officers, said Property Manager Mara Judd. All officers get 10 percent off a regular lease, she said.

"It' a way to say thank you - they do so much for all of us," Judd said. "They're always here for us."

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

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