Magistrate News


The following citations have been recorded in the Tucker County Magistrate office:

  •  William Fleming Royster, Williamsville, Va. was cited for speeding (29-25) by Deputy B.T. Zirk.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.
  • Patricia Lopez, Hanover Park,  IL, was cited for speeding (75-65) by TFC J.J. Schmidle.  She pled guilty and was assessed fines of $4.75 and court cost of $165.25.
  • Phillip Nicholas-Daniel Hernandez, Abilene, TX, was cited for no proof of insurance and driving to fast for road conditions by Cpl. D.W. Burge.  The first charge was dismissed with proof shown and he pled guilty to second charge.  He was assessed fines of $4.75 and court cost of $165.25.
  • Chase P. Bailey, Kingsport, Tenn. was cited for speeding (29-25) by TFC J.J. Schmidle.  He pled guilty and was assessed fines of $4.75 and court cost of $165.25.
  • Dylan S. Reed, Moorefield, was cited for no seatbelt by TFC J.J. Schmidle.  He was assessed fines of $25.
  • Barbara E. Anderson, Grafton, was cited for failure to yield at intersection and no insurance.  She pled no contest to first charge and was assessed fines of $4.75 and court cost of $165.25.  The second charge was dismissed with proof shown.

The following criminal complaint has been filed in the Tucker County Magistrate Court:

  •  Phillip Nicholas-Daniel Hernandez, Abilene, TX, was charged with one count DUI.  According to the complaint on Saturday, Sept. 8 at approximately 7:54 p.m. Cpl. D.W. Burge received radio communication from Tucker Count 911 of a single vehicle accident on WV32 near High Meadows Estate.  Burge and Deputy B.T. Zirk traveled to the accident scene, and observed a Hispanic male, later identified as the defendant, standing near the vehicle.  Burge asked him if he was driving the vehicle and he advised he was driving and had no passengers with him.  Burge observed the defendant to be under the influence and asked him if he had been drinking.  The defendant allegedly stated he had consumed ½ bottle of Crown Royal.  When asked what happened the defendant allegedly stated he was driving sown the road, he was drunk and did not see the curve in the road and hit the embankment.  A preliminary breath test was administered and he failed by registering a .245 BAC.  He was transported to Davis Medical Center for treatment by Tucker County EMS.  Burge was contacted by DMC via telephone and advised that the defendant was screaming and attempting to assault hospital staff while demanding to be flown to Texas for treatment.  Burge was advised that the defendant then left the hospital refusing treatment and walked away from the area.  He posted 10% of a $5,600 cash bond.
  • Russell Gerald Shaffer, Gates, NC, was charged with DUI – .15 or higher BAC and Duty upon striking fixtures upon a highway.  According to the complaint, on Wednesday, Sept. 12 at approximately 8:57 p.m. Deputy C.A. Teter was dispatched to a motor vehicle striking a utility pole in Parsons causing damage and driving away.  Teter responded to the area and was able to locate the vehicle driving on US219 near the accident location.  Teter initiated a traffic stop on Jameson Ave.  Contact was made and the driver was identified with NC driver’s license photo.  The air bags were deployed and there was damage to the front of the vehicle.  When asked if he had struck the pole he allegedly stated “yes”. Teter noticed his speech was slurred and there was a srong odor of an alcoholic beverage from inside the vehicle.  Shaffer was very unsteady when he exited the vehicle.  He was asked to submit to field sobriety tests and he agreed but failed all tests.  He was place under arrest and transported to the Parsons Police Department for further testing.  After arriving he was read the Implied Consent Form which he read and signed.  He blew a .217% on the Intox EC/IR-II.  The defendant was then transported to the Davis Medical Center for medical clearance.  He refused care and was transported to TVRJ.  It should be noted that the defendant refused EMS care as well.  Allegedly there were two unopened cans in the passenger side floor board where the passenger was sitting.  The driver allegedly stated that he’s had six or seven beers prior to the wreck.  He is currently out on a PR bond.
  • Justin Thomas Fortney, Red Creek, was charged with one count Battery.  The complaint states that on Tuesday, July 10 at approximately 5 p.m. TFC J.J. Schmidle met Tommy A. Kovar at the West Virginia State Police Parsons Detachment in regards to a battery complaint.  Schmidle obtained a written statement from Kovar stating he works for a cable installation company and arrived at 14744 Dry Fork Drive in Red Creek.  He advised the installation was fro the defendant, and he stated that the defendant’s girlfriend was also at the residence.  He said during the installation it appeared Fortney was under the influence of drugs.  He allegedly stated that Fortney and his girlfriend began arguing about something and Fortney left the residence.  He advised that she locked him out and Fortney began punching and kicking the door to get back in. Kovar stated he was almost done with the install when she let the defendant back in.  Kovar stated that the defendant allegedly was yelling and said something about him flirting with his girlfriend.  Kovar said he turned around and Fortney allegedly punched him in the face.  He stated he yelled for his partner who was outside and when he yelled Fortney got up and ran out the door.  Kovar advised after Fortney punched him in the face they left the residence.
  • State of West Virginia verses David Brandon Phillips:  received judgment of Probable Cause found for one felony count Soliciting a minor via computer and one felony count Sexual Assault 2nd degree-no consent which occurred on April 7.  This case was bound over to the Tucker County Circuit Court.
  • State of West Virginia verse Thomas B. Summerfield, Jr.:  received judgment of no contest plea for one count driving while license suspended or revoked which occurred on July 4.  He was assessed fines of $100 and court cost of $165.25.
  • State of West Virginia verses Jessica White:  She received judgment of no contest plea for one count making, issuing worthless checks which occurred on May 24, 2017.  She was assessed fines of $1, court cost of $190.25 and restitution of $55.

The following cases have been heard in the Tucker County Circuit Court:

  •  Jonathan Lambert:  Motion to reinstate and Mr. Cooper had filed a motion to contest, Cooper stated that Lambert was at Denmar when he committed the infraction, accessory to other inmates accessing the restricted area of the roof of Denmar Center.  LaMora gave statement that Lambert has not been a model resident of the Anthony Center or Denmar.  Motion to reinstate denied.  Motion to put Lambert back on youthful offenders program accepted.
  • Marissa Odom (Fugitive from Justice) Wanted in the state of Arkansas waiver of extradition to return to Arkansas.  Ten days to be returned to custody of said state.
  • Krista Gasper (Fugitive from Justice) Wanted in the state of Arkansas waiver of extradition to return to Arkansas.  Ten days to be returned to custody of said state.
  • Tom Harsh: Suppression hearing with Motion to Suppress denied.  Trial set for dates in October.
  • Jason White:  Motion to continue to Nov. 8.  Order signed to put the defendant back on home incarceration, no hearing held agreed.
  • Ryan Lower:  Plea is being reached, continued until Oct. 9.
  • Tammy Mook: Trial will be set after Lester Mook trial.
  • Jason Adkins:  Motion to subsequent hearing becaue Adkins does no feel well informed.  Hearing set for Oct. 9.
  • John Harris:  Plea to information too one count of Wanton Endangerment involving a firearm.  Plea agreement arranged.  Plea of guilty plea agreement, waiver of indictment accepted by defendant.  Plea of guilty to one count felony number 18-f-16.  Two year probation, if stays clean will be dismissed.
  • Janice White: Withdrawal of request for new court appointed attorney.  Motion for home confinement, bond was violated with a failed urine analysis.  Motion to lower home incarnation fee.
  • Lester Mook:  Rescheduling hearing, trial reset for Sept. 24 and 25.  Mook is waiving right to suppression hearing.