Magistrate News

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

 

Joseph F. Neville, Jr., Dry Fork, was cited for expired registration by Cpl. D.W. Burge.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.

Makayla M. Escue, Hurricane, was cited for failure to maintain control by Sgt. C.A. Teter.  She pled no contest and was assessed fines of $4.75 and court cost of $165.25.

Merry E. Tompkins, Parsons, was cited for expired registration by Cpl. D.W. Burge.  She pled no contest and was assessed fines of $4.75 and court cost of $165.25.

Brennen R. Kelly, Elkins, was cited for expired registration by Cpl. D.W. Burge. He pled guilty and was assessed fines of $4.75 and court cost of $165.25.

Ethan D. Randolph, Martinsburg, was cited for speeding (79-65) by Sgt. C.D. Siler.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.

Sarbo Bhowmick, Edison, NJ, was cited for speeding (69-65) by TFC. J.J. Schmidle.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.

Seth A. Jones, Parsons, was cited for no proof of insurance by Trooper C.R. Donelson.  The charge was dismissed with proof shown.

Zachary T. Smailes, Burnsville, was cited for driving suspended by TFC J.J. Schmidle.  He pled no contest and was assessed fines of $100 and court cost of $165.25.

The following criminal complaints have been filed in the Tucker County Magistrate Court:

 

James Frank Bowley, II was charged with one count fishing without a license, he pled not guilty and a Bench Trial is scheduled for Aug.13 at 11 a.m. before Magistrate Riley H. Barb.

Arthur Thomas Ashton, Davis, was charged with one felony count Wanton Endangerment.  According to the complaint on June 7 at approximately 3:15 p.m. Deputy D.A. Sliwinski of the Tucker County Sheriff’s Office (TCSO) was dispatched to the parking area of Camp 70 Road in Davis.  Upon arrival he obtained a hand written and signed statement from the victim, later identified as Brian Perkins. Perkins stated he had been detained with rope at gun point by the suspects, later identified as David Stover and Arthur Ashton.  Perkins stated while walking out of a trail leading to a parking area on Camp 70 Rd, Stover approached him allegedly pointing a pistol at him and telling him to get down on the ground.  While this was happening Perkins also stated Stover allegedly kicked and punched him multiple times.  Stover then directed Ashton to tie his feet and wrists with a rope, which Ashton obtained from his Jeep.  While speaking with Perkins, the officer observed a piece of rope tied around his ankle, marks on his wrists consistent with being tied and a wound on the right side of his face below the ear with visible blood. Photographic evidence was obtained.  Trooper C.R. Donelson of the West Virginia State Police (WVSP) and Sgt. C.A. Teter of the TCSO stated to Sliwinski that upon their arrival they observed Perkins “hog tied” on the ground near Ashton’s Jeep and they had to cut him loose prior to Sliwinski’s arrival.  They also allegedly observed a pistol lying on the driver seat in Ashton’s Jeep.  Cpl. D.W. Burge of the WVSP obtained a hand written and signed statement from a witness corroborating the events.  The witness allegedly stated Stover had come to the parking lot where he was parked and asked if he had seen a person matching Perkins description, saying Perkins had stolen from him.  At this time Stover was placed under arrest by Sliwinski and transported to the Parsons Detachment of the WVSP for processing. While at the detachment Sliwinski read and explained D.P.S. Form 79 (Miranda rights) to Stover to which he stated he understood and signed.  While speaking to Stover he allegedly stated he used his pistol to make Perkins get on the ground, and asked Ashton to tie him up.  He also stated he told Perkins that if he moved this would go a different route.  A PR bond of $1,000 was posted and a court hearing is scheduled for Aug. 5 at 10 a.m. before Magistrate William M. Miller.

Dawn Renee Moore, Cedarville, was charged with one count petit larceny, one count of destruction of property and one count theft of services.  According to the complaint on Sunday, April 21 the defendant traveled to the Canaan Valley Resort, showed her WV driver’s license to the desk clerk and rented cabin #17 for the dates of Sunday, April 21 through Tuesday, April 23.  She paid for the rental utilizing a credit card issued in her name.  She signed rental forms and left the Lodge area. On Tuesday, April 23 Canaan Valley State Park Assistant Superintendent Donald B. McFarlan was notified by employees of the state park that cabin # 17 had damages and property stolen from the cabin.  He advised that Moore had went to the front desk and checked out a day early claiming the bathroom smelled of cat urine, and her son was allergic to it.  McFarlan advised that he traveled to the cabin in question and observed it had been trashed.  Pictures, glass and a Holy Bible had been destroyed.  He observed several items had been stolen from the cabin including a flat screen television, the TV wall mount, a microwave oven, a coffee maker, several blankets and comforters and the seat cushions from the love seat. McFarlan advised these damages totaled $355.  He advised that the property stolen totals $843.  He advised he was then notified by employees of the Canaan Valley Resort that the credit card utilized by Moore had been declined and that $601.46 was still owed to the resort.  He contacted the credit card company and was advised that the account has not credit associated with this card.  A $15,000 bond was not posted and a court hearing is scheduled for July 26 at 11:30 a.m. before Magistrate William M. Miller.

Matthew Brogan, Woodbine, NJ, was charged with one felony count of fleeing in vehicle.  The complaint states that on Monday, May 17 Sheriff B.K. Wilfong was notified by Tucker County 911 Dispatch of two subjects that were stealing a four wheeler from the Leadmine area.  One subject was towing the other subject, both on four wheelers.  The two subjects were caught on Miller Hill. The subjects pulled onto Campbell Rd. and stopped.  Wilfong exited his vehicle and ordered the two down on the ground.  Brogan got off the four wheeler but the occupant driving the front four wheeler was grabbing something around his waistband area.  He pulled a machete from his waist and raised it and cut the strap that tied the second bike. The bike then rolled down and struck the cruiser causing damage.  Both subjects then began fleeing on the other four wheeler.  The second bike was found some time later by Wilfong and Officer Gidley of the Parsons P.D.  After some time searching for the subjects Tucker dispatch advised that the subject’s phone pinged at the end of Campbell Rd.  The officers traveled back to Campbell Rd. and saw the defendant walking on the road.  He then ran into the woods and was apprehended a short time later.  A cash bond of $7,500 was not posted and a preliminary hearing is scheduled for June 25 at 1:30 p.m. before Magistrate William M. Miller.

Matthew Brogan, Woodbine, NJ, was charged with one felony count of breaking and entering. According to the complaint on June 17 Chief Deputy M. Sigley was dispatched to the area of Campbell Hill Rd to assist Sheriff B.K. Wilfong with a vehicle pursuit.  Upon arrival he was advised that two male subjects left the area on foot into the woods.  He was advised that one male subject was short and stocky with a beard and dark hair.  The other subject was tall and skinny wearing a dark colored shirt and a backpack.  Sigley was advised at a later time that the tall male subject was located and had bottles of cold water and cans of cold beer in his possession.  He was advised that a small hunting cabin was not too far from where the subject was located.  He was advised that the male subject stated he went inside the cabin and that is where he obtained the water and beer.

The following cases have been ordered and adjudged in the Tucker County Magistrate Court:

 

State of West Virginia verses Victoria D. Ervin, Philippi, received a no contest plea for one count making, issuing worthless checks.  She was assessed fines of $1, court cost of $215.25 and restitution of $252.92.  This case was heard on May 19 by Magistrate William M. Miller.

State of West Virginia verses Richard L. Ervin, Philippi, received a no contest plea for one count making, issuing worthless checks.  He was assessed fines of $1, court cost of $215.25 and restitution of $148.64.  This case was heard on May 19 by Magistrate William M. Miller.