Magistrate News

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

Benjamin S. Nelson, Thomas, was cited for expired registration and expired MVI by Cpl. J.E. Kopec. He pled guilty on both charges and was assessed fines of $9.50 and court cost of $330.50.

Kurt Entsminger, Charleston, was cited for speeding by Trooper C.R. Donelson. He was assessed fines of $4.75 and court cost of $175.25.

Cody R. Taylor, Parkersburg, was cited for expired MVI and no insurance by Cpl. D.W. Burge. He pled guilty to the first charge and was assessed fines of $4.75 and court cost of $175.25. The second charge was dismissed with proof shown.

William Z. Burkhammer, Davis, was cited for no proof of insurance by Cpl. B.T. Zirk. The charge was dismissed with proof shown.

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

Frederick and Tracy Herz, Davis, was charged with five counts of open dumps. The complaints state that on March 18, 2019 WV DEP issued a Notice of Violation (NOV) to both defendants for having an open dump on the property. The open dump consisted of solid waste including, furniture, mattresses, broken snow making and moving equipment, piping, tires, household waste, appliances, etc. They were instructed to cease all dumping of solid waste and remove the materials to an approved landfill or transfer station within 30 days. A written response was to be sent to the Inspector within 30 days, detailing the actions taken to abate the violation. On April 24, 2019 WV DEP issued a second NOV for having an open dump on the property. They failed to respond to the second NOV and remove the solid waste from the location. On May 2, 2019 the Inspector located additional solid waste on the Timberline property that the defendants failed to make known to the Inspector during original inspection on March 18, 2019. The additional solid waste consisted of snowmobiles, snow moving machinery, barrels of oil, old batteries, and five gallon buckets of various liquids. On July 2, 2019 the Inspector located additional solid waste near the old sewage lagoons that were previously under “Timberline’s” control that the defendants failed to make known under the original inspection. The solid waste consisted of old ski-lift gondolas, barrels and other ski-lift objects and materials. On Aug. 14, 2019 WV DEP issued a third NOV to the defendants for having open dump on the property. On Mar. 18, 2019, April 24, 2019, May 2, 2019, July 2, 2019, Aug. 8, 2019 and Aug. 14, 2019 the Inspector photographed the open dump. Because of the defendant’s failure to resolve the matter, WV DEP is seeking further enforcement action. Both posted a $2,500 PR Bond.

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

State of West Virginia verses William G. Ball, Jr.: Parsons, received judgment of probable cause found for one felony count of Retaliation against public official. This case has been bound over to the Tucker County Circuit Court. The case was heard on Oct. 18 by Magistrate William m. Miller.

State of West Virginia verses Warren Preston Hypes: Davis, received judgment of guilty-plea agreement for one count malicious assault of a government representative, healthcare worker or emergency service personnel. He was assessed cost and fees of $175.25 and credit of time served for one month. This case was heard on Oct. 21 by Magistrate Riley H. Barb.