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WV Supreme Court likely to take up right-to-work

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By Phil Kabler

A preliminary injunction Wednesday blocking enforcement of the West Virginia's new right-to-work law drew exuberance or disappointment from those with differing views on the legislation - but agreement from both sides that the issue will ultimately end up before the state Supreme Court.

"We're still walking on air," West Virginia AFL-CIO Secretary-Treasurer Josh Sword said Thursday of Kanawha Circuit Judge Jennifer Bailey's order, which blocks implementation of the law until a full court hearing can address legal issues raised by the AFL-CIO and a number of other state labor unions.

"Obviously, we're pleased, and we look forward to the next hearing before Judge Bailey, and very much look forward to having our day in court before the state Supreme Court," Sword said.

Senate President Bill Cole, R-Mercer, lead sponsor of the bill in the 2016 regular session, issued a statement Thursday expressing disappointment with the injunction, but saying he looks forward to resolving the issue before the Supreme Court.

"It's disappointing that the court has taken the extraordinary step of enjoining a duly enacted law that is consistent with those of 25 other 'workplace freedom' states," said Cole, the Republican nominee for governor. "However, we are confident that the Supreme Court of Appeals will find this law to be legally sound, and this injunction will only temporarily delay providing all West Virginians the freedom of choice in the workplace."

The bill passed the Senate on a party-line 17-16 vote, and passed the House of Delegates on a 54-36 vote, with 10 Republicans joining all 36 House Democrats in opposition.

During more than 2½ hours of hearings Wednesday, attorneys for the labor unions argued that the law - which allows employees in union shops to opt out of paying union dues - represents an unlawful taking of the unions' and union members' property, since federal labor law requires unions to represent all employees covered by collective bargaining agreements.

Under right-to-work, that would require unions to absorb the costs of negotiating contracts and providing representation in employee grievance and disciplinary hearings for non-dues-paying employees, often called "free-riders."

Lawyers also raised issues with ambiguity in the legislation, including a section that could be interpreted to exempt building and construction trades unions from right-to-work.

In issuing the injunction, Bailey said it was important to stay enforcement of the law while those issues are resolved, since unions and union members could otherwise face irreparable harm of criminal charges and civil penalties.

Bailey said she could see no harm to the state by delaying enforcement of the law for a short time.

Steve Roberts, president of the West Virginia Chamber of Commerce, said in a news release Thursday that his group was "attempting to understand Judge Bailey's decision, which we believe is contrary to the clear intent of the West Virginia Legislature to put West Virginia in the majority of states that have enacted right-to-work legislation.

"The language used in West Virginia's law is almost identical to the language that has been used - and upheld - in the majority of states that have right-to-work laws," Roberts said in the release.

Sword said Thursday that lawyers and union representatives struggled to narrow grounds for the motion for an injunction. He said lawyers also raised issues with the definition section of the bill, which seems to limit it to public employee unions, as well as issues with two different versions of the bill listed as the enrolled - final version - of the bill.

"We didn't get into all the other things that are wrong with the darn thing," he said.

State Business and Industry Council President Chris Hamilton, whose organization strongly advocated for the legislation, could not be reached for comment Thursday.

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


West Virginia State Police to increase DUI patrols

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By The Associated Press

CHARLESTON, W.Va. - West Virginia State Police will be on the lookout more often for drunken and impaired drivers.

State Police say in a news release that grant money through a partnership with the Governor's Highway Safety Program will enable troopers to increase DUI patrols late this summer and in the early fall.

The release says the increased patrols will be in the area of events such as high school and college athletic contests, and fairs and festivals.

State Police spokesman Lt. Michael Baylous says such events routinely result in a higher number of vehicles on the roadways.

Arrest made in Sissonville High bomb threat

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By Staff reports

The Kanawha County Sheriff's Office arrested a minor Thursday for allegedly making a bomb threat Wednesday at Sissonville High School, according to a news release from sheriff's spokesman Sgt. Brian Humphreys.

Humphreys said the juvenile, who's been charged with two counts of making terroristic threats and is now at the James H. "Tiger" Morton Juvenile Center, used a cellphone app to mask his location and identity while making the threat in a call.

Sheriff's detectives and a school resource officer linked the calls to the juvenile, Humphreys said.

State Police: Man used young son as human shield

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By Erin Beck

State Police say a South Carolina man used his son as a human shield during an incident with police in Kanawha City on Thursday.

Philip W. Spurlock, 44, of Columbia, is charged with child neglect and kidnapping.

Trooper N.S. Syner said in a criminal complaint filed in Kanawha County Magistrate Court that he tried to pull Spurlock over on MacCorkle Avenue in Charleston at about 5:30 p.m. Thursday, because Spurlock was talking on his cell phone.

After pulling over at the Burger King parking lot, Spurlock allegedly argued with the trooper, then cursed him and fled.

Syner pursued him to the intersection of Chesterfield Avenue and Glenridge Road, where Spurlock allegedly used his 7-year-old son as a human shield while the trooper pointed his gun and told Spurlock to get on the ground.

Spurlock then allegedly ran across railroad tracks, dragging his son by the arm. When Syner pursued him, he allegedly punched the trooper. The trooper hit Spurlock in the thigh with a baton.

Spurlock allegedly also used his son as a shield when the trooper used pepper spray.

The boy's mother later picked him up.

Spurlock later told police he fled because he thought Charleston police were searching for him on a domestic violence charge.

Spurlock was still listed at South Central Regional Jail on Friday afternoon.

State Police Lt. Michael Baylous said Spurlock may face additional charges and directed questions to the Kanawha prosecutor's office. Kanawha Chief Assistant Prosecutor Maryclaire Akers declined to comment, although she noted a kidnapping charge carries a possible life sentence without the possibility of parole.

"Aside from murder, that is the most serious criminal charge in the code," she said.

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

Logan County man allegedly punched 6-year-old girl in Rand

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By Staff reports

Police say a Logan County man put a 6-year-old girl in a headlock, choked her and punched her.

Seth Aaron Browning, 28, of Switzer, is charged with battery, according to a criminal complaint filed in Kanawha County Magistrate Court.

The incident occurred between July 31 and Aug. 2.

Kanawha County sheriff's deputies responded to a disturbance on Church Drive in Rand on Aug. 3. They were told Browning had threatened to harm young girls.

The 6-year-old girl was interviewed at the Child Advocacy Center at Women and Children's Hospital on Tuesday.

She told the interviewer Browning had put her in a headlock, choked her and punched her in the stomach, according to the complaint.

Police say the girl had told her mother, Holly Rowland, about the assault.

Rowland told police she confronted Browning and he admitted to the attack.

Sgt. Brian Humphreys, spokesman for the Kanawha County Sheriff's Office, said Browning is a friend of Rowland, but not a boyfriend. He said Detective S.D. Ferrell, the investigating officer, did not want to discuss a motive for the attack.

Browning was still listed as an inmate at South Central Regional Jail on Friday. A magistrate had set bail at $5,000.

Interstate 64/77 lanes reopen after tractor-trailer wreck

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By From staff reports

All southbound lanes of Interstate 77 reopened late Friday afternoon after being shut down for hours. A tractor-trailer wrecked while traveling south on Interstate 64/77 near the Leon Sullivan exit shortly after 11 a.m.

The wreck shut down all lanes but the fast lane for several hours and traffic was backed up for miles, according to a Kanawha County Metro 911 dispatcher.

The tractor-trailer was carrying flood debris from Clay County, a dispatcher said. Its driver was not taken to the hospital.

All lanes of the highway were reopened at about 4 p.m., according to dispatchers.

Cases made for, against Wells getting on Kanawha ballot

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By Phil Kabler

Erik Wells' eligibility to run for Kanawha County clerk this fall seemingly depends on which of two legal arguments prevails:

n People affiliated with a political party can run for public office only as a candidate of that party.

n Everyone, regardless of party affiliation, has a legal right to petition to appear on the ballot as an independent candidate.

Those were the arguments raised Friday during a two-hour hearing before Kanawha Circuit Judge Charles King.

Kanawha County Prosecuting Attorney Charles Miller called for the "quo warranto" hearing to determine if County Clerk Vera McCormick - whom Wells would oppose in November - is required to put Wells on the general election ballot.

Miller argued that Wells, a registered Democrat and former state senator, is attempting "an end run, to get on the ballot," skipping the traditional Democratic primary process, to petition to appear on the ballot as an independent.

"It has the potential to create confusion and fraud in an election," Miller said.

One scenario, he said, is that a major party could set up an independent candidate to aid the party's nominee in the general election, such as the Democratic Party running a member as a "conservative independent" candidate, in hopes of siphoning votes away from the Republican challenger.

However, Pat Maroney, representing Wells, said it is clear the 1st and 14th amendments to the U.S. Constitution protect Wells' right to appear on the ballot.

"What is at issue here is restricting a citizen as to whether his or her name can be placed on the ballot," said Maroney, a former state Democratic Party chairman.

"He can run as an independent, if he wants to, and still retain his party status," Maroney said, adding that the West Virginia Supreme Court has upheld that premise in cases dating back to 1916.

In that case, he said, a candidate for magistrate in McDowell County lost in the primary and was allowed by the court to run in the general election as an independent, using the same petition process.

That led King to comment that a Southern West Virginia election might not be the best precedent for state election law.

"Nothing against Southern West Virginia, but running as a magistrate in the early 1900s, I don't know," King commented.

King also asked if putting Wells on the ballot would deceive the voters.

"He's listed as an independent on the ballot but, in reality, he's a Democrat," King said.

In response, Maroney noted that, this year, all 50 states permitted an independent to appear on the Democratic ballot for president: Vermont Sen. Bernie Sanders.

Miller and Kanawha Assistant Prosecutor Rob Schulenberg asked why Wells did not run in the Democratic primary or request that the county Democratic Executive Committee put him on the ballot to fill the vacancy after no Democrats ran in the primary.

Wells testified that he was overseas, on active duty with the U.S. Navy Reserve, and could not have filed to run in the May primary because of rules for active-duty personnel in the Uniform Code of Military Justice. The UCMJ is the foundation of U.S. military law.

However, Wells said, he'd had no intention of running for any office this year until late June or early July.

"It was only because of what took place in the news about this office that spurred me to run," Wells said, referring to reports about confusion in the County Clerk's Office with the redrawing of precinct maps. Those problems, first reported by the Gazette-Mail, caused hundreds of May primary voters to end up voting in the wrong delegate or state senatorial districts.

Additionally, earlier this year, McCormick was one of two county clerks who refused to fully implement a new online voter registration system championed by Secretary of State Natalie Tennant, who is married to Wells.

Another issue raised Friday by Miller and Schulenberg was whether, under the law, only voters registered as independent or no party affiliation could sign the petition to place Wells on the ballot.

By law, people wishing to appear on the ballot as independent candidates must obtain signatures of support equal to 1 percent of the vote for that office in the previous election - or about 600 signatures for county clerk.

In submitting his certification for candidacy on July 18, Wells collected more than 1,100 signatures, 947 of which were verified to be registered county voters. However, that total included 656 Democrats, 135 Republicans, three Mountain Party members and three Libertarians.

Maroney argued that the law does not make that distinction.

"It doesn't say 1 percent of independent voters, it doesn't say 1 percent of Democratic voters, it doesn't say 1 percent of Republican voters," he said.

King set a Tuesday deadline for both sides to submit findings of fact and proposed final orders.

"We're under a time crunch, apparently, in getting the matter expedited," he said.

McCormick has said the issue needs to be resolved quickly, so that the Nov. 8 election ballots can be certified and sent to the printers by the end of the month.

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

Bluefield satellite magistrate office ordered closed

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By The Associated Press

BLUEFIELD, W.Va. - The West Virginia Supreme Court has confirmed that the satellite magistrate offices in Bluefield must soon be closed as a cost-saving measure for the state.

Bluefield officials felt "blindsided" recently when the Mercer County Commission said it would vote on whether to close the offices by Oct. 1, when the current lease on the offices expires, the Bluefield Daily Telegraph reported.

State Supreme Court Administrative Director Steve Canterbury says the court decided in 2010 to close all satellite magistrate offices around the state, finding them a "relic of the past."

With just three of the offices still open, Canterbury says the court recently confirmed the Bluefield office must be closed by January.

Magistrates Sandra Dorsey and Susan Honaker will be moved to Princeton into the courthouse annex.


On file: Aug. 14, 2016

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Marriages

The following people filed for marriage licenses in Kanawha County between Aug. 4 and 11:

Christopher Ray Wright, 57, and Hope Irene Spaulding, 42, both of Charleston.

Joshua Mark Kiser, 22, of Dunbar and Mikaela Ann Hutchinson, 22, of Charleston.

Joshua Shane McDerment, 35, and Kristen Marie Keeling, 20, both of South Charleston.

Phillip Clayton Campbell, 34, and Rachel Dawn Cooper, 46, both of Charleston.

Brian Kenneth Tharp, 38, and April Rene Ennis, 49, both of St. Albans.

Alberto Antonio Loubriel, 39, and Jennifer Erika Maria Traywick, 38, both of South Charleston.

Michael Jay Burrell, 69, of Charleston and Sandra Lynn Newhouse, 67, of Cowen.

Ricardo Laval Hubbard, 25, and Melissa Linette Adams, 39, both of Charleston.

Mark Allan Jett, 49, and Jennifer Lynn Roton, 39, both of Clendenin.

Levi Thomas Ferrebee, 19, and Morgan Leandra Agee, 19, both of Elkview.

Jamie Lee Miller, 32, and Sarah Maxine Harper, 37, both of South Charleston.

Adam Lee Dawson, 35, and Rebecca Lynn Dunlap, 32, both of Sissonville.

Shane Donovan Wiseman, 27, and Kayla Dawn Washington, 26, both of Elkview.

Zachary Tyler Braley, 21, of Cross Lanes and Dezera Shay Cavender, 20, of Belle.

Eric William Ramsey, 30, and Jenna Marie Workman, 26, both of St. Albans.

Guy Edward Tucker III, 22, and Christal Nicole Lewis, 22, both of Charleston.

Thomas Harold Smith, 44, and Kelly Lynn Stone, 45, both of Charleston.

Cory Aaron Jenkins, 25, of Dunbar and Sydney Erin O'Callaghan, 24, of South Charleston.

Nathan Allen King, 29, and Kimberly Dawn Stevens 26, both of Chesapeake.

Donald Edward Bailey III, 36, and Karen Lynn Mantz, 28, both of Charleston.

Gary Michael Paxton, 60, of Canton, Ohio and Nona Rita Fields, 59, of St. Albans.

Hobert Ray Smith, 54, and Barbara Renee Boggess, 50, both of Nitro.

Joshua Adam White, 28, and Casey Noelle Faber, 28, both of Charleston.

Kevin Eugene Rollins, 34, of Elkview and Erin Nicole Samples, 38, of St. Albans.

Jeremy Brett Runnels, 30, and Jennifer Ann Casto, 30, both of Charleston.

Sunny Anne Lycans, 25, and Danielle Florence Pennington, 24, both of Charleston.

Divorces

The following people filed for divorce in Kanawha County between Aug. 4 and 11:

Christina Jo Carr from Bobby Lee Jarrell

Justin Lud Haynes from Tiffany Nicole Haynes

Anisha Dyan Ingram from David Allan McCann

Valerie Amick from Christopher Amick

Brandi Mae Rhodes from Travis Lee Rhodes

Cindy J. Clark from Johnny R. Clark

Paul Edward Williams from Erin Emily Williams

Melissa Ann Moffatt from Christopher Allen Moffatt

John W. James from Christy D. James

Emily Catherine Streets from James Houston Kilgore III

Karen L. Joseph from Christopher E. Joseph

Emily Dawn Newman from Nathan Oral Newman

James Alan Hart from Angel Nicole Hart

Stephanie Ann Province from Eric Alan Province

Amy Lucille Lewis from Charles Andrew Lewis Jr.

Tracy Lynn Garnes from John Joseph Garnes

Dyllon Odell Wright from Summer Breanne Wright

Stephen Christopher Groves from Amber Nicole Groves

William Wertz Chambers Jr. from Martha H. Chambers

Donald Eugene Asbury from Brittany Elyse Asbury

Maryclare Mulherin Hewitt from Jon Charles Pauley

James Edward Mabon from Jennifer Marie Mabon

Paul Lee Roach Jr. from Amber Rose Roach

Charles P. Lucas from Theressa Kay Lucas

Amy Lynn Miller from Joseph Alan Miller

Joshua P. Watson from Lisa Kay Watson

Erika J. Carroll from Anthony Carroll

James Keith Caldwell from Carrie Marie Caldwell

Property transfers

The following property transfers of $75,000 or more were recorded in Kanawha County between Aug. 4 and 11:

Jerry L. and Nancy J. Barnett to Gloria F. Bowe. Parcels, Cabin Creek District, $106,000.

Jacquelyn C. Lilly to Caleb B. and Chelsea E. Cooper. Lot, Loudon District, $255,000.

Stricklen Realty Inc. to Jeffrey R. and Kimberly D. Augustine. Lot, Charleston, $589,900.

Steven T. and Tina Marie Morrison to Samuel M. Lee. Lot, South Charleston, $225,000.

Daniel Curtis Talbott and Robert Stephen Talbott to Eric A. and Amy S. Jackson. Lot, Charleston, $115,000.

Pete H. and Julie A. Schleider to J&C LLC. Parcels, Charleston, $189,900.

Ignacio Pipio Dominguez to Dee Ann and Joshua Franklin Roberts. Lot, Charleston South Annex District, $190,000.

R. Gregory and Lana Young McVey to Holly A. and Loring L. Tonkin. Lot, Jefferson District, $199,000.

Carolyn Sue Cavender to Robert L. and Julia E. Elmore. Parcels, Elk District, $90,500.

Johnny D. Bonnette to Klara E. and Chad D. Huss. Lot, Jefferson District, $320,000.

Wendy's Properties LLC to to Skaff Family Limited Partnership. Lot, South Charleston, $355,000.

Christopher R. and Laura C. Powers to Jessica S. and Travis Bailes. Lots, Loudon District, $223,000.

Melanie A. and Keith A. Winnings to Cindy and John Fitzwater. Lot, Malden District, $137,850.

Dennis Willard Naylor to William H. and Rebecca G. Ford. Lot, Elk District, $214,200.

Pamela May to Dennis L. Lucas. Parcels, Elk District, $77,000.

Lida G. and Lawrence W. Widdecombe III to Matthew J. Smith. Lot, Charleston South Annex District, $335,950.

Michael A. and Candace Dawn Mackey to Daniel M. and Renee G. Wolf. Lot, Washington District, $470,000.

Rebecca D. McKinney to Cory F. Stout. Lot, Charleston, $134,000.

James R. Lemon to Kimberly M. Cline. Parcels, Jefferson District, $116,000.

Alice Jeanette Taylor to John Lacy d.b.a. Lacy Rentals. Condominium, Charleston, $114,500.

James R. Boggess II to Dannie C. Adkins and Amanda S. Mills. Lot, Nitro, $78,000.

John E. and Lori McCown to Stacy and John Groom. Lot, South Charleston, $400,000.

Jill Louise Dickerson, Howard Randolph and Judy Randolph to Josephine Alexander. Lot, Charleston, $105,000.

Kristen J. Freiburger to National Residential Nominee Services Inc. Lot, Charleston South Annex District, $223,500.

Rachel L. Hughey to Travis K. and Tara M. Bartlett. Lot, Charleston, $235,000.

Kanawha Capital Company to Alan L. Boyles Jr. Lot, Poca District, $142,000.

Joseph M. and Natalie Childers Shelton to Steven R. Carpenter II. Lot, Malden District, $137,000.

Jason Samples to Veronica Spurlock and Charles Lambert. Lot, Elk District, $145,000.

Jennifer L. and John E. Price II to Ashley N. Price. Lot, Union District, $99,000.

Gregory A. and Barbara G. Lewis to Joshua T. Cox. Lot, St. Albans, $169,000.

Dalton M. Siers to Linda L. Siers. Lot, Elk District, $87,958.34.

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 Aug. 4 and 12:

Peggy Louise Bunting, Charleston, Chapter 7. Assets: $4,700, Liabilities: $7,512.

Shanna Marie Casto, Sandyville, Chapter 7. Assets: $50,271.15, Liabilities: $66,697.

Clifford Henson Smith II, West Hamlin, Chapter 7. Assets: $53,257, Liabilities: $283,162.

Ernest Wade and Shannon Lea Marcum, Mount Gay, Chapter 7. Assets: $49,594, Liabilities: $1,588,593.

Joshua Adam and Erica Dee White, Lenore, Chapter 7. Assets: $61,818, Liabilities: $98,367.

Thurman Todd Browning, Gilbert, Chapter 7. Assets: $31,472, Liabilities: $26,053.

Misty Dawn Ellison, Craigsville, Chapter 7. Assets: $85,834, Liabilities: $87,220.

Frederick Joel and Milissa Jane Blackwell, Seth, Chapter 7. Assets: $31,376, Liabilities: $87,464.

Zackary Ervin Courtney, Madison, Chapter 7. Assets: $22,448, Liabilities: $49,385.

Gail Rebecca Anderson, Ashford, Chapter 7. Assets: $132,550, Liabilities: $223,075.

Kay Marie Simpson, Whitman, Chapter 7. Assets: $84,907, Liabilities: $89,544.

Brandon Lee Gibson, Mallory, Chapter 7. Assets: $15,675, Liabilities: $30,440.

Michael Gene Ryan, Elkview, Chapter 7. Assets: $61,200, Liabilities: $184,416.

Billy Randal and Robin Rae Hardin, Stollings, Chapter 7. Assets: $118,620, Liabilities: $96,603.

Brett Matthew Landy, Beckley, Chapter 7. Assets: $11,630, Liabilities: $86,502.

Paul Moya, Caldwell, Chapter 7. Assets: $119,208, Liabilities: $240,596.

Hillary Dawn Berry, Rainelle, Chapter 7. Assets: $45,574, Liabilities: $55,018.

James Gordon Stennett, Mullens, Chapter 7. Assets: $131,554, Liabilities: $66,408.

Timothy James Reed, Herndon, Chapter 7. Assets: $42,363, Liabilities: $114,866.

Joanna Marie Johnson, Elkview, Chapter 13. Assets: $37,834, Liabilities: $68,862.

Jeffrey Andrew and Bridgett Dawnett Adams, Stollings, Chapter 13. Assets: $75,640, Liabilities: $91,505.

Roger Ray Skeens Jr., Charleston, Chapter 13. Assets: $89,443, Liabilities: $269,715.

Charles Eliga Thomas and Carolyn Denise Nobles, West Logan, Chapter 13. Assets: $108,360, Liabilities: $106,138.

Crime Report: Aug. 14, 2016

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The following crimes were reported to the Charleston Police Department between Aug. 4 and 10:

East District:

Kanawha Boulevard East 2600 block, breaking and entering, Aug. 4, 1 a.m.

Kanawha Boulevard East 1300 block, petit larceny, Aug. 4, 11:10 a.m.

Lee Street East 1400 block, burglary, Aug. 4, noon.

Lee Street East 400 block, shoplifting, Aug. 4, 1:35 p.m.

Washington Street East 1300 block, shoplifting, Aug. 4, 4:43 p.m.

Ida May Way 100 block, breaking and entering auto, Aug. 4, 10:06 p.m.

Hale Street 200 block, burglary, Aug. 5, midnight.

Hale Street 200 block, breaking and entering, Aug. 5, midnight.

Veazey Street first block, domestic assault, Aug. 5, 12:50 a.m.

Charleston Town Center, breaking and entering auto, Aug. 5, 4 p.m.

Lee Street East 400 block, shoplifting, Aug. 5, 4:29 p.m.

Ruffner Avenue 600 block, burglary, Aug. 5, 5 p.m.

Charleston Town Center, shoplifting, Aug. 5, 7:45 p.m.

Kanawha Boulevard East 600 block, petit larceny, Aug. 5, 8 p.m.

Ariel Heights 200 block, breaking and entering auto, Aug. 5, 9 p.m.

Capitol Street/Virginia Street East, robbery, Aug. 6, 3 a.m.

Charleston Town Center, petit larceny, Aug. 6, 11:36 a.m.

Lee Street East 400 block, shoplifting, Aug. 6, 3:30 p.m.

Lee Street East 400 block, shoplifting, Aug. 6, 6:54 p.m.

Lee Street East 200 block, shoplifting, Aug. 6, 8:30 p.m.

Washington Street East 1600 block, grand larceny, Aug. 6, 8:30 p.m.

Lee Street East 400 block, shoplifting, Aug. 6, 9:15 p.m.

Quarrier Street 1000 block, breaking and entering auto, Aug. 6, 10:30 p.m.

Lee Street East 900 block, petit larceny, Aug. 7, 3:45 a.m.

Renaissance Circle 1300 block, petit larceny, Aug. 7, 5 a.m.

Hunting Hills Drive 80 block, breaking and entering auto, Aug. 7, 1 p.m.

Charleston Town Center, petit larceny, Aug. 7, 3 p.m.

Quarrier Street 200 block, shoplifting, Aug. 7, 4:50 p.m.

Lance Drive 20 block, burglary, Aug. 8, 10:30 a.m.

Charleston Town Center, grand larceny auto, Aug. 8, 10:30 a.m.

Lee Street East 200 block, shoplifting, Aug. 8, 5 p.m.

Court Street 100 block, petit larceny, Aug. 9, noon.

Kanawha Boulevard East 600 block, breaking and entering auto, Aug. 9, 4 p.m.

Jackson Street 1400 block, burglary, Aug. 9, 4 p.m.

Washington Street East 1500 block, robbery, Aug. 10, 1:40 a.m.

Charleston Town Center, breaking and entering, Aug. 10, 5 p.m.

Lee Street East 400 block, shoplifting, Aug. 10, 11:33 a.m.

Lee Street East 400 block, shoplifting, Aug. 10, 1:20 p.m.

South District:

South Park Road 600 block, petit larceny, Aug. 4, 12:15 a.m.

RHL Boulevard 200 block, shoplifting, Aug. 4, 2 p.m.

Chesterfield Avenue 3400 block, breaking and entering, Aug. 4, 2 p.m.

MacCorkle Avenue 6400 block, robbery, Aug. 4, 7:22 p.m.

MacCorkle Avenue 5700 block, shoplifting, Aug. 4, 8:50 p.m.

MacCorkle Avenue 6300 block, breaking and entering, Aug. 5, noon.

Kanawha Mall, shoplifting, Aug. 5, 1:30 p.m.

Virginia Avenue 3100 block, breaking and entering auto, Aug. 5, 7:30 p.m.

Virginia Avenue 4300 block, breaking and entering auto, Aug. 5, 9:30 p.m.

Staunton Avenue 3700 block, breaking and entering auto, Aug. 6, midnight.

Kanawha Avenue 4800 block, breaking and entering auto, Aug. 6, 4:20 a.m.

MacCorkle Avenue Southeast 5700 block, shoplifting, Aug. 6, 1:30 p.m.

MacCorkle Avenue Southeast 3800 block, battery, Aug. 6, 2:30 p.m.

MacCorkle Avenue Southeast 3800 block, petit larceny, Aug. 6, 2:30 p.m.

RHL Boulevard 200 block, shoplifting, Aug. 6, 9:20 p.m.

MacCorkle Avenue 6400 block, shoplifting, Aug. 7, 1:15 p.m.

Kanawha Mall, shoplifting, Aug. 7, 3 p.m.

Abney Circle 60 block, breaking and entering auto, Aug. 8, 4 a.m.

Colonial Way 1200 block, breaking and entering auto, Aug. 8, 9 p.m.

Colonial Way 1200 block, breaking and entering auto, Aug. 8, 11 p.m.

South Ruffner Avenue 400 block, breaking and entering, Aug. 9, 3 a.m.

Mount Vernon Road 1500 block, breaking and entering auto, Aug. 9, 3 a.m.

Virginia Avenue Southeast 5200 block, breaking and entering auto, Aug. 9, 4 a.m.

Chesterfield Avenue 3800 block, breaking and entering auto, Aug. 9, 4 p.m.

South Park Road 600 block, wanton endangerment, Aug. 9, 10:35 p.m.

MacCorkle Avenue 5700 block, grand larceny, Aug. 10, 1 p.m.

Virginia Avenue Southeast 3900 block, petit larceny, Aug. 10, 3 p.m.

West District:

MacCorkle Avenue Southeast 5700 block, breaking and entering auto, Aug. 10, 6:49 p.m.

Hampshire Drive 2400 block, burglary, Aug. 4, 9:30 a.m.

Elm Street 400 block, burglary, Aug. 4, 11 a.m.

4th Avenue 1700 block, shoplifting, Aug. 4, 4:04 p.m.

Randolph Street 600 block, child neglect, Aug. 4, 7:15 p.m.

Monroe Street 600 block, grand larceny auto, Aug. 5, midnight.

Lovell Drive first block, burglary, Aug. 5, 10 a.m.

Delaware Avenue 500 block, shoplifting, Aug. 5, 1:44 p.m.

Sugar Creek Drive 1600 block, breaking and entering, Aug. 5, 8:29 p.m.

Hall Street 500 block, burglary, Aug. 5, 10:15 p.m.

Crescent Road 1300 block, burglary, Aug. 6, 11:09 a.m.

Kanawha Boulevard West 500 block, breaking and entering auto, Aug. 6, 11:17 a.m.

Hillsdale Drive 500 block, grand larceny auto, Aug. 6, 1:01 p.m.

Zabel Drive 2100 block, wanton endangerment, Aug. 6, 1:16 p.m.

Patrick Street Plaza, breaking and entering, Aug. 6, 2 p.m.

4th Avenue 1700 block, breaking and entering, Aug. 6, 3:03 p.m.

4th Avenue 1700 block, grand larceny, Aug. 6, 3:03 p.m.

4th Avenue 1600 block, grand larceny, Aug. 6, 5 p.m.

Amherst Drive 900 block, breaking and entering auto, Aug. 7, 5:10 a.m.

Elm Street 400 block, burglary, Aug. 7, 10:46 a.m.

Baker Lane 200 block, petit larceny, Aug. 7, 2:45 p.m.

4th Avenue 1700 block, shoplifting, Aug. 7, 4:40 p.m.

29th Street West 200 block, petit larceny, Aug. 7, 8 p.m.

Wyoming Street/Ohio Avenue, petit larceny, Aug. 8, 3 a.m.

Maryland Avenue 300 block, brandishing, Aug. 8, 7 a.m.

Dayton Drive 300 block, child neglect, Aug. 8, 12:40 p.m.

Bigley Avenue 1600 block, grand larceny auto, Aug. 8, 6 p.m.

Woodward Drive 1000 block, breaking and entering auto, Aug. 8, 9 p.m.

Wyoming Street 600 block, breaking and entering, Aug. 9, 8 a.m.

Homer Street 1200 block, domestic battery, Aug. 9, 12:49 p.m.

Kanawha Boulevard West 800 block, burglary, Aug. 9, 6:15 p.m.

Mariana Street 800 block, grand larceny auto, Aug. 9, 9 p.m.

Randolph Street 600 block, breaking and entering, Aug. 9, 9 p.m.

Woodward Drive 900 block, grand larceny auto, Aug. 10, 7:30 a.m.

Red Oak Street 1400 block, burglary, Aug. 10, 12:10 p.m.

Pennsylvania Avenue 300 block, petit larceny, Aug. 10, 6 p.m.

Mobile home fires cause injuries in Raleigh County

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Two mobile homes caught fire Saturday in the Crab Orchard community, sending people to the hospital, a Raleigh County dispatcher said.

The dispatcher said one home was already engulfed in flame by the time firefighters arrived at the location on Stovers Fork Road. She said dispatch received the initial report around 7 p.m.

She said two ambulances transported people, but she didn't know exactly how many were hospitalized nor the extent of their injuries. She said the Sophia Area, Sophia City, Coal City and Mab Scott fire departments responded.

Someone answering the phone at the Raleigh County Sheriff's Office said the Sophia Fire Department contacted deputies to report drugs at the scene, and one arrest was made, though she didn't know the type of drugs allegedly found nor their relation to the fires nor the identity of the suspect.

Inmate escapes Huntington Work Release Center

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An inmate at the Huntington Work Release Center allegedly escaped Saturday over a wall at the back lot of the facility, the center said in a news release.

Jeffrey S. Spencer, 38, was in the center after being found guilty of conspiracy, breaking and entering and receiving stolen goods, said Correctional Officer Dixie Keesee.

Keesee said Spencer jumped over a 5- or 6-foot-high cinderblock wall around 5:30 p.m.

Spencer is a 190-pound, five-feet-11-inches tall white male with brown hair and blue eyes. His scars and tattoos include "bad a--" on the left side of his neck and a Confederate flag with the word "Southern" on the right side; a picture with his mother on his lower right arm and a heart on his upper right arm; and "Spencer" on his upper back.

Those with information about Spencer can call 911.

Police say Charleston man shot at vehicles, people

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By Staff reports

A Charleston man was arrested after police say he shot at multiple vehicles and people around Kanawha County Sunday morning, police said.

Charles Whiting, 20, of Charleston, fired a gun at random vehicles and people in the Southridge and South Hills areas around 6:30 a.m. Sunday, police said. Police said no one was injured but multiple cars were damaged. Police did not say what type of gun he allegedly used.

After searching for several hours, Charleston police arrested Whiting after multiple witnesses confirmed a description of Whiting, his car and license plate.

Whiting was being held at South Central Regional Jail Sunday afternoon.

He was arrested in December for allegedly breaking into the Southridge Buffalo Wild Wings, making himself a meal, taking a beer and stealing $450 before leaving, according to previous Gazette-Mail reports. Restaurant employees identified Whiting, who was formerly employed at the restaurant, from video surveillance, and the vehicle shown in the footage was later found in Whiting's driveway, the report said.

Escaped West Virginia work-release inmate caught in Ohio

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By The Associated Press

HUNTINGTON, W.Va. (AP) - An inmate has been caught a day after escaping the Huntington Work Release Center.

Media outlets report 38-yeJeffrey S. Spencer, 38, was captured early Sunday without incident by police in Lawrence County, Ohio. He was being held in the Lawrence County Jail pending an extradition proceeding Monday.

Spencer scaled a wall at the back lot of the Huntington facility on Saturday. Correctional Officer Dixie Keesee says Spencer was serving time for conspiracy, breaking and entering and receiving stolen goods.

Allegations mount against Raleigh doctor accused of unneeded surgeries

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By Kate White

A New York doctor has given sworn testimony that he witnessed his former colleague injure and kill patients by performing unnecessary medical procedures as director of Raleigh General Hospital's cardiac unit.

In an April deposition, Dr. Marcus Sodums testified about working for three years with Dr. Donald Kenneth Glaser, the former director of Raleigh General's cardiac unit.

Nearly 90 lawsuits have been filed in Raleigh County Circuit Court claiming Glaser, along with Raleigh General and the company that owns it, LifePoint Hospitals, organized a scheme to generate revenue that involved patients undergoing unnecessary procedures, including, among others, cardiac catheterizations and angioplasties.

In June, Raleigh Circuit Judge H. L. Kirkpatrick referred the cases to the state's mass litigation panel.

"Dr. Sodums testified that numerous patients were injured and even killed as a result of the unnecessary procedures performed by Dr. Glaser at RGH," wrote Charleston lawyer Ben Salango, who represents former patients of Glaser, in a motion filed in April asking a judge to order the hospital to turn over a letter written five years ago by Sodums.

Kirkpatrick, in turn, ordered lawyers for the hospital last month to produce the letter, which Sodums wrote in March 2012 to Raleigh General's CEO Alan Peters.

Lawyers for the hospital have filed notice that they will appeal the judge's ruling to the West Virginia Supreme Court.

Kirkpatrick disagreed with arguments made by hospital lawyers that the letter is protected by peer review privileges. The judge pointed out that Sodums confirmed in his deposition that he never took part in a peer review while at the hospital in Beckley, and that no one had instructed him to write the letter.

Sodums raised concerns in his letter over unnecessary procedures being conducted by Glaser and patients' safety, according to court documents filed by plaintiffs, which include a transcript of Sodums' deposition. The deposition was taken in Ithica, New York, where Sodums, a cardiologist, now works. He left the Beckley hospital when his contract ended in 2015.

Sodums and Glaser routinely covered patients for one another as they were the only two interventional cardiologists at the hospital from February 2010 until May 2013, when Glaser left the hospital, Salango wrote.

Glaser later worked in Utah and Maryland. Before that, he accepted a job with the Veterans Affairs Medical Center in Raleigh County in October 2014 - after Raleigh General failed to disclose he was under investigation.

He withdrew his application in January 2015, days after media outlets reported about the investigation.

LifePoint continues to comply with an investigation by federal prosecutors from West Virginia's Southern District, according to filings made by the company.

In September 2013, officials from two LifePoint hospitals, Raleigh General and Vaughan Regional Medical Center, in Selma, Alabama, voluntarily contacted the U. S. Department of Justice and disclosed allegations being brought against two of its cardiologists - Glaser and another from the Alabama hospital.

LifePoint is also a defendant in multiple lawsuits filed in Alabama. Those complaints allege Dr. Seydi V. Aksut performed improper procedures on patients.

LifePoint said in a June 30 filing with the U.S. Securities Exchange Commission, that for the past six months, the company recorded an accrual for loss contingencies for cardiology-related lawsuits of about $25 million.

Raleigh General recruited Glaser from Boca Raton, Florida, to serve as director of the hospital's push to offer advanced cardiac care and compete against Charleston Area Medical Center.

Under Glaser's watch, the number of cardiac catheterization procedures increased from 350 a year to 2,100 a year from 2009 to 2012, according to filings by the plaintiffs. Nurses complained that Glaser was sleeping in patient rooms and operating on patients 18 to 21 hours a day.

The lawsuits allege that hospital officials knew about Glaser's misconduct for about five years before informing patients they could have had an unnecessary procedure by Glaser.

Plaintiffs also claim hospital officials should have been suspicious of Glaser as early as 2010. That's when nursing staff in the cardiac unit began complaining to hospital administrators about the volume and medical necessity of the procedures Glaser was performing, according to the lawsuits.

Sodums testified in April that he became concerned about Glaser in 2010 after first noticing his colleague was mischaracterizing, among other things, the severity of chest pain experienced by patients.

Sodums also said, according to a transcript of his deposition, that it was his opinion that Glaser was falsifying medical charts to perform cardiac catheterizations that were not needed.

"And it was your opinion that he was committing fraud?" Salango asked the doctor about Glaser, according to the transcript.

"Yes," Sodums answered.

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.


Woman shoots herself at Charleston motel

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By Staff reports

A woman killed herself with a gun in a downtown Charleston motel on Monday morning.

The woman shot herself inside a room at the Motel 6 on Washington Street East, said Lt. Steve Cooper, chief of detectives for the Charleston Police Department. She was taken to a local hospital, where she was pronounced dead.

Kanawha Metro 911 dispatchers said they got a call about the shooting at 8:22 a.m.

Police questioned the woman's boyfriend after the shooting, Cooper said, but later ruled the death a suicide.

Former church volunteer sentenced for abusing boys for years

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By The Associated Press

PRINCETON, W.Va. - A former youth volunteer at a Bluefield church has been sentenced to 15 to 35 years in prison after pleading guilty to sexually abusing children.

The Bluefield Daily Telegraph reports that 58-year-old Timothy Prober, of Princeton, was sentenced Friday in a Mercer County courtroom after pleading guilty in April to 37 charges related to child sexual abuse.

Authorities said Probert abused multiple male victims between the ages of 10 and 16 between 1986 and 2010 while he served as a youth volunteer at Westminster Presbyterian Church and mentor for the Working to Eliminate Child Abuse and Neglect (WE CAN) program.

Probert was facing a maximum sentence of 171 to 489 years in prison.

Male critical after Morgantown fireworks accident

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MORGANTOWN, W.Va. (AP) - Police say a male has been critically injured in a fireworks accident in Morgantown.

Morgantown Police Chief Ed Preston said in a news release that the victim had ignited fireworks in a mortar tube and held it over his head to launch it. Thinking that the launch had occurred, he pulled the tube down near his chest when it exploded Saturday.

The statement says the victim suffered "massive" injuries, underwent emergency surgery and was in critical condition at Ruby Memorial Hospital.

Police didn't immediately release the victim's name, age or hometown.

Eastern Kanawha County man killed in ATV crash

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By Staff reports

A man died over the weekend after crashing his ATV in eastern Kanawha County, the Kanawha County Sheriff's Office said.

David Wayne Darnell, 39, of Mammoth, was found on Kelly's Creek on Sunday afternoon and pronounced dead at the scene.

Darnell's family had last seen him at around 6 p.m. Saturday and had just called in a missing person's report Sunday afternoon when Darnell's body was found by a fisherman, the sheriff's office said.

Darnell had left on his ATV after drinking alcoholic beverages, according to the sheriff's office. Deputies do not suspect any foul play.

Body of Maryland man found in Potomac near Harpers Ferry

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HARPERS FERRY, W.Va. - Authorities say the body of a Maryland man has been found in the Potomac River near Harpers Ferry.

Maryland Natural Resources Police spokeswoman Candy Thomson tells The Herald-Mail that the body of Jason Wayne Downs, 44, of Frederick, Maryland, was found in the river early Monday.

Thomson says Downs was visiting relatives when he went down to the West Virginia side of the river in a kayak on Sunday evening and failed to return. He wasn't wearing a life jacket.

The body has been taken to a medical examiner in Baltimore.

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