U.S. District Judge Rules EPA Overstepped Its Powers

{Washington, D.C.}...In response to a lawsuit filed by the National Mining Association against the EPA and Administrator Lisa Jackson, U.S. District Judge Reggie B. Walton in Washington, D.C. ruled Tuesday that the Environmental Protection Agency overstepped its powers by setting up water-quality criteria for coal mining operations in Appalachia. Last year, the EPA tightened guidelines on the practice of dumping waste into Appalachian valley waterways from surface mine blasting. Walton said the EPA infringed on the authority given to state regulators by federal clean water and surface mining acts. The National Mining Association, which had denounced the guidelines as a "jobs destroyer," says it's now time to get miners back to work by allowing state permitting agencies to do their jobs. The National Mining Association says it has always maintained that the EPA has engaged in an unlawful overreach in its attempt to commandeer the permitting responsibilities the law places with other state and federal agencies.

Shooting Suspect Arrested

{Huntington, West Virginia}...Police say 26 year old Kyle Michael Gibbs was shot in the back and left leg a little after 8:00 A.M. Tuesday morning. Huntington Police arrested 27 year old Phillip Johnson and charged him with malicious wounding. Detectives also charged Kandyce Michelle Rogers of Huntington with accessory after the fact, for her alleged role in the shooting.

MSHA Issues Mine Citations

{Washington, D.C.}...The U.S. Mine Safety and Health Administration said Tuesday that federal regulators issued 177 citations, 22 orders and one safeguard during the latest round of monthly impact inspections in June. Tunnel LLC's Tunnel Ridge Mine in Ohio County, West Virginia received 29 citations and five unwarrantable failure orders. Violations included failure to conduct methane tests.

Logan County Gas Station Robbed

{Cora, West Virginia}...State police in Logan County are searching for two men who robbed the Rich Oil gas station in Cora around 6:00 A.M. Tuesday morning, getting away with cash and cigarettes. Police say two men also robbed the gas station on July 22nd, but they are not sure if the two robberies are connected.

Video Gaming Parlor Robbed

{Jefferson, West Virginia}...Kanawha County Sheriff's Deputies say a man walked into Kelly's Kafe video gaming parlor on MacCorkle Avenue in Jefferson around 10:30 A.M. Tuesday morning and robbed it. The clerk says the man threatened to kill her, but he never showed a weapon. The man fled in a red pickup and headed west on MacCorkle Avenue in the direction of St. Albans. The suspect was described as a white man in his 20s standing about 6-foot-3. He is of medium build and has blond hair.

Lester Pleads Guilty To Second-Degree Murder

{Charleston, West Virginia}...As potential jurors were arriving Monday morning in Kanawha County Circuit Court in Charleston for the murder trial involving the August 2003 sniper-style shooting deaths of 44 year old Gary Carrier Jr., 31 year old Jeanie Patton and 26 year old Okey Meadows Jr., 36 year old Shawn Lester agreed to plead guilty to second-degree murder in the death of Patton. Lester was originally charged with five felonies including three counts of first degree murder. As part of his plea deal, Lester did not admit to actually pulling the trigger. Prosecutors revealed Monday that another man, Rodney Shaffer Sr., was with Lester at the gas station when Patton was killed. Shaffer died in 2008. Assistant Kanawha County prosecutor Don Morris said during the plea hearing that Shaffer's son, Rodney Shaffer Jr., was prepared to testify that on August 14, 2003, he was lying in the backseat of a car at the Campbells Creek Speedway when he heard a shot and that he saw his father and Lester drive away from the scene in a green Ford Bronco, Lester in the driver's seat, and the .22 rifle between them. After an emergency hearing, Judge Duke Bloom announced a plea deal was reached, and the gag order was lifted following the court's acceptance of Lester's plea. Judge Bloom says he had issued the order to protect Lester's constitutional rights and ensure a fair trial. Lester was indicted in August 2011. According to a ballistics report, Jeannie Patton was shot with a .22 rifle that investigators were able to trace back to Lester. Prosecutors claim Patton's boyfriend, Marty Walker, stole an engine block filled with meth from Lester shortly before the shootings started. They say the drugs belonged to a man referred to as "Tito," who is actually Gilberto Lopez-Reyna, a known member of the Mexican mafia. Lester could receive 10 to 40 years in prison, but prosecutors will recommend 30 years when he is sentenced on August 31st. During the sentencing hearing, family members of all three murder victims will be allowed to make impact statements even though Lester only pleaded guilty to Patton's death.

Patton and Meadows were shot on August 14, 2003, within 90 minutes and 10 miles of each other. Patton was struck by a bullet to the back of her head as she was about to pay for gas she pumped at the Campbells Creek Speedway. Meadows had been buying milk at a pay window at the Go-Mart in Cedar Grove. Carrier was shot in the head four days earlier while talking on a pay phone outside a Charleston Go-Mart store.

Milton Doctor Pleads Guilty

 {Huntington, West Virginia}...A Milton doctor has pleaded guilty to violating federal drug control laws, fraud, forgery and subterfuge. Dr. Anita Dawson, 55, admitted that, from July 2006 until May 2009, she wrote prescriptions for about 6,220 Oxycodone and Endocet pills for an individual identified as  "E.B," aware that the patient was addicted. The board identified E.B. as Emma Brown, who, while under the influence of drugs, crashed her vehicle into one driven by 47 year old Carole Crawford, killing Crawford, her 16 year old daughter Meaghan and her 15 year old friend, Kelsey Kuhn. Brown pleaded guilty in February 2010 to driving under the influence causing death. The State Board of Osteopathy suspended Dawson's medical license in April 2010 after authorities searched her office. Dawson is believed to have caused or contributed to the deaths of 11 people. Dawson faces up to four years in prison and a $250,000 fine when sentenced October 29th.

Detroit Man Sentenced

{Huntington, West Virginia}...Devon Patterson, 27, of Detroit, was sentenced Monday to three years and 10 months in prison for conspiracy to distribute Oxycodone. Patterson pleaded guilty in April, admitting that, between July 2009 and early October 2009, he brought quantities of Oxycodone from Detroit to a residence in Teays Valley, in Putnam County, where they were sold, and the money was sent back to Detroit through a money transfer service.

ATV Accident Kills 12 Year Old

{Clendenin, West Virginia}...Police say 12 year old Devon Fisher was killed over the weekend when his all-terrain vehicle slammed into a tree on Dutch Ridge Road near Clendenin.  West Virginia State Police Sgt. Michael Baylous says Fisher was on his ATV Saturday night when he apparently missed a turn, hit a tree and went down a steep embankment. Fisher was pronounced dead at the scene.

Arrest Made In 7-Eleven Robbery

{South Charleston, West Virginia}...Police arrested 33 year old Jeremy Elswick of Charleston Sunday night and charged him with the July 25th 7-Eleven robbery on Jefferson Road in South Charleston. Police say Elswick walked into the store about 2:45 A.M., with a gun hidden behind his back, demanded money and got away with $40. Elswick was arrested after investigators received a tip about a stolen vehicle that led them to a home on Virginia Avenue in Kanawha City where Elswick was taken into custody. Police say Elswick stole four cars since the 7-Eleven robbery. He has been charged with armed robbery, burglary and several other charges.

Teen Sentenced For Father's Murder

{Princeton, West Virginia}...Tevin Allen, 19, from Princeton was sentenced Monday in Mercer County Circuit Court to  up to 20 years after pleading guilty to a second degree murder charge in May. Allen fatally shot his father, 35 year old James Scott, also from Princeton, on High Street during a fight last August. With credit for time served, he could be eligible for parole in less than ten years. A one to 15 year sentence for a separate drug charge involving cocaine will be suspended once Allen, a former football standout at Princeton Senior High, finishes his time for murder.

RAMPS Protesters Arrested

{Danville, West Virginia}...RAMPS protesters faced off with mine supporters at Kanawha State Forest Saturday morning. People from Citizens for Coal and Logan Coal Vendors gathered in a Danville parking lot off U.S. Route 119 South around 8:00 A.M. Saturday morning to discuss the significance of coal mining and their strategy for combating environmental protesters. The miners and vendors organized the meeting after they heard activists from the group RAMPS, Radical Action For Mountain Peoples' Survival, planned to shut down a strip mine Saturday. West Virginia State Police arrested  about 20 RAMPS protestors at Patriot Coal's Hobet 21 Surface Coal Mine in Boone County after several protesters walked onto the Hobet Mine property, shutting it down for about three hours. Among the protesters were 10 people who locked themselves to a rock truck and dropped banners that read "Coal leaves, Cancer stays." Police also arrested a California filmmaker. Babette Hogan, 52, of San Francisco, says she was taking pictures from the passenger seat of a vehicle on Kanawha State Forest Drive before the protest when a West Virginia State Police trooper demanded her camera, and she was taken to the detachment in Marmet and charged with obstruction. Police estimated the number of protesters at 80 to 100.

City Manager Not Concerned About Overtime

{Charleston, West Virginia}...According to a report from the Charleston City Council, city employees earned more than $4 million in overtime for the 2012 fiscal year that ended June 30th. That's almost 5 percent of the total city budget. Most of the overtime went to the police and fire departments. And, despite efforts to rein in overtime, those costs ran $382,369 or nearly 10 percent over budget. City Manager David Molgaard says police overtime for special events and investigations is nearly impossible to predict, and the effect of massive overhaul in fire department pay policies is just starting to show up. Molgaard says he's not so concerned about the overtime. City workers earned $34.7 million in salaries and wages, but that was $1.8 million less than budgeted.

McKesson Corp. Reaches Settlement

San Francisco-based McKesson Corp., one of the country's largest drug wholesalers, and 28 other states, including West Virginia, have reached a $151 million settlement involving allegations the company deliberately inflated drug prices by as much as 25 percent from 2001 to 2009, causing state Medicaid programs to overpay millions of dollars in reimbursements. An investigation by state and federal agencies found McKesson overbilled for more than 1,400 brand-name drugs, including commonly prescribed medications such as Adderall, Allegra, Ambien, Celexa, Lipitor, Neurontin, Prevacid, Prozac and Ritalin. McKesson representative Kris Fortner says the claims against the company are without merit, but the settlement was in the best interest of employees, customers, suppliers and shareholders. California will receive about $24 million of the settlement, while New York will receive the largest share, $36 million. The federal government settled its portion of the lawsuit in April for more than $187 million. 

Former Mingo County Teachers Indicted

{Williamson, West Virginia}...A former Mingo County special education teacher and a former teacher's aide have been indicted. Tina Grace, 53, who worked at Riverside Elementary in Williamson, was charged with two counts of child abuse resulting in injury and one count of misdemeanor battery. Donna Hurst, 60, was charged with one count of battery. The indictment alleges Grace injured one special-needs student during class in April and May of 2009 and injured another in September 2011. Hurst is accused of physically harming a student on September 22, 2011. Grace and Hurst have pleaded not guilty, and both have a trial date set in October.

Teacher Indicted On Sexual Abuse

{Matewan, West Virginia}...James Hiram Keatley II, 47, a math teacher and boys basketball and football coach at Matewan Middle School, has been indicted on charges that he sexually abused two underage students. Keatley was suspended with pay in December when State Police began investigating allegations he groped, kissed and made inappropriate comments to two female students, who were 15 years old, in front of others, including a teacher who reported it to Principal Shannon Blackburn. The incidents allegedly occurred from September to November 2011. His trial is set for October in Mingo County.

Workers Reject Constellium Contract

Constellium Rolled Products, an aluminum rolling plant in Ravenswood, in Jackson County, employs about 1,000 people. Nearly 700 of them are represented by the union. The United Steel Workers Local 5668 voted Thursday and Friday to reject a new contract that will impact the next five years of their lives. Constellium's offers included wage adjustments, annual pay increases, and an immediate $4,000 ratification bonus totaling more than $26,000 per person on average, plus additional economic incentives, like an increase in life insurance amounts and sickness and accident benefits. The offer also introduced a new healthcare plan, in which hourly employees would begin contributing to premiums in 2014, at rates about half the national average.

Fatal Mining Accident

A Boone County coal miner is dead after an accident at Coal River Mining LLC's Fork Creek #10 Mine near the intersection of the Boone, Kanawha and Lincoln county lines south of Charleston around 4:15 A.M. Friday morning. Officials say 35 year old Johnny Mack Bryant II of Lenore, in Mingo County, had worked at the site for one year and 14 weeks. Bryant was a move crew employee. Jesse Lawder, a spokesman for the U.S. Mine Safety and Health Administration, says Bryant was part of a crew that was setting up the continuous mining machine for the upcoming day shift when he was caught between the conveyor boom of the continuous mining machine and the mine wall, receiving fatal crushing injuries. Bryant became the 12th U.S. coal miner to die on the job in 2012.

Police Searching For Armored Truck Driver

{Williamson, West Virginia}...Police are searching for an armored truck driver who stole money from a bank in Williamson. Authorities say, on July 13th, Christian Coleman took one of the bank bags into the bathroom and stole 10-thousand dollars from it. The bank didn't notice the money was missing until after Coleman left. Police believe he is in the Lexington, Kentucky area.

Man Indicted in Kanawha County Murder

{Charleston, West Virginia}...Charles March has been indicted on murder and concealment of deceased human body in connection with the death of Kathy Goble. Goble went missing in April 2010, but her remains were not found until May 2012. March has admitted to strangling Goble at his home on Ohio Avenue in Chesapeake two years ago and then dismembering her body and burying her remains in a shallow grave at his home. March and Kathy both worked at Kelley’s Mens Shop in Charleston. March is expected to be arraigned on the charges on August 10th.

Man Indicted On Murder Charge

{Charleston, West Virginia}...John Edward Hudson of Ashford has been indicted on first degree murder charges in the death of 39 year old Michelle Gillespie and grand larceny. Police say that, in Jauuary, Hudson shot Gillespie in the head at a home on Shorty Road just off Winifrede Hollow in Kanawha County and then stole her vehicle and fled. Hudson had been staying with Gillespie and her boyfriend, Mark Southern. Southern returned home from work and found Gillespie's body several hours after she died. An investigator made contact with Hudson and convinced him to come to Charleston and turn himself in. An arraignment is set for August 30th.

UBB Miners Memorial To Be Unveiled

{Whitesville, West Virginia}...Two years after the Upper Big Branch mine disaster, the UBB Miners Memorial will be unveiled Friday afternoon in a public ceremony to begin at 2:00 P.M. in Whitesville. Mike Gwinn, who has been working on the project for more than a year, says the 48-foot granite wall that's at the center of the memorial exceeds his expectations. The memorial is etched with the outlines of 29 miners who died in the April 2010 explosion. On the back is the history of coal mining in West Virginia and the names of those killed at UBB. Those speaking at the event are Governor Earl Ray Tomblin, Senator Jay Rockefeller, Senator Joe Manchin, 2nd District Congresswoman Shelley Moore Capito, 3rd District Congressman Nick Rahall and Joe Main, the head of MSHA. The monument will be unveiled by members of the mine rescue teams that participated in the search and recovery. The honored guests for the day's event are the families of those killed at UBB. The UBB families will get the first look at the monument during a special tour of the memorial before the event.

PSC Rejects Power Hikes

{Charleston, West Virginia}...The Public Service Commission issued an order Thursday that will prevent any increase in electricity rates for Appalachian Power and Wheeling Power customers. The PSC's order in this annual expanded net energy cost case says the projected costs of fuel, construction, environmental compliance and financial loss for AEP during a recent period of time doesn't warrant adjusting customers' rates. Costs could rise for AEP customers in the future because of other cases before the PSC. Those include Century Aluminum's application for a special electricity rate and a securitization case. Many expect Appalachian Power officials to ask for a rate increase because of damage from the June 29th derecho.

Gag Order Issued In Lester Trial

{Charleston, West Virginia}...Shawn Lester, 36, of Charleston, is expected to go on trial Monday charged with three counts of first-degree murder in the 2003 sniper-style shooting deaths of Gary Carrier Jr., Jeanie Patton and Okey Meadows Jr. Kanawha County Circuit Judge Duke Bloom issued a gag order Thursday in the case after Lester granted a jailhouse interview to WSAZ Television and anchor Jessica Ralston. During the interview, Lester said, even if he is not convicted of the sniper killings, he believes he will spend the rest of his life in prison on unrelated federal charges. Lester told WSAZ he doesn’t know if he will testify during his trial. Carrier was shot and killed on August 10, 2003, at the Go-Mart along Bigley Avenue. Four days later, Patton and Meadows were killed within 90 minutes of each other at two separate gas stations in eastern Kanawha County. Lester claims he didn’t know Carrier and only knew of Meadows, but he was friends with Patton. However, during recent court testimony, a witness testified that Lester knew Patton, Meadows and Carrier. If fact, the witness testified they were all seen together less than a month before the shootings.

Psychiatrist Prison Records Barred

{Charleston, West Virginia}...Kanawha County Circuit Judge Tod Kaufman released an order Thursday barring prosecutors from obtaining Rhonda Stewart's psychiatric records from when she was in prison after being convicted of killing her husband, Sammy Stewart. Prosecutors are also ordered to not call Dr. David Clayman who was hired to perform a psychiatric evaluation. Rhonda Stewart was found guilty of first-degree murder for shooting her husband to death in 2009 while he was being treated at Charleston Area Medical Center. Last year, the West Virginia Supreme Court reversed that verdict and ordered a new trial after ruling that the judge had erred by refusing to allow evidence indicating Stewart suffered from battered woman's syndrome, a form of mental instability fueled by years of spousal abuse. Stewart's lawyers appear ready to argue during retrial, which begins in October, that Stewart's mental state at the time of the shooting did not amount to premeditation, malice or intent, which are necessary factors for a first-degree murder conviction.

Rockefeller Reintroduces Mine Safety Legislation

U.S. Senator Jay Rockefeller has reintroduced his mine safety legislation that followed the Upper Big Branch mine disaster, saying not enough is being done to protect the nation's coal miners. Rockefeller says since 29 miners were killed at UBB, Congress and the Obama administration have enacted some targeted laws and regulations dealing with mine safety, but there's been no comprehensive legislation approved.  Rockefeller has added several provisions, which he says is directly connected to the results of the UBB investigations. The new provisions include prohibiting mine operators from keeping two sets of safety books, establishing penalties for unsafe ventilation changes along with addressing issues concerning black lung disease, the coordination of state and federal mine safety efforts and improving technology and training.

Ohio Man Convicted In West Virginia

U.S. Attorney William Ihlenfeld says 35 year old Steven Kohl of Columbus, Ohio pleaded guilty Wednesday to aiding and abetting interstate travel in aid of a racketeering enterprise. Kohl is the first person to be convicted in West Virginia on federal bath salts distribution charges. Police say Kohl brought the synthetic drugs to Tyler County from Columbus in September 2011. Kohl faces up to five years in prison and a $250,000 fine. A sentencing date hasn't been set.

Fatal Motorcycle Accident In Fayette County

{Danese, West Virginia}...Police in Fayette County say a 47 year old man killed when the motorcycle he was operating ran into a ditch and ejected him around 1:30 A.M. Wednesday morning on Loop Road near Danese. Fayette County Sheriff Steve Kessler says he's not sure how much experience the man had operating a motorcycle, but he did not have a motorcycle operator's license, and he purchased the machine just a few hours before his death. Investigators say speed was not a factor in the wreck.

Former Anti-Crime Show Host Denied Bond

{Charleston, West Virginia}...Andy Palmer, the former host of the anti-crime show "West Virginia's Most Wanted" and the founder of "Chainbreakers," will remain in jail after he was denied bond Wednesday afternoon. Palmer's lawyer says it costs taxpayers $50 a day to keep him in confinement since he cannot be with the general inmate population because of his affiliation with "Chainbreakers," but Judge Tod Kaufmann denied the motion. The state claims a confidential informant told officers that Palmer said he was not going back to jail and would "shoot it out" with police.

South Charleston 7-Eleven Robbed

{South Charleston, West Virginia}...South Charleston police are searching for 33 year old Jeremy David Elswick of Charleston. They say he robbed the 7-Eleven on Jefferson Road around 2:45 A.M. Wednesday morning. Police say Elswick entered the store armed with a gun and demanded money. The surveillance video shows Elswick parked his Chevrolet Silverado across several parking spaces in front of the doors, then came inside and made a purchase, and he returned a second time to rob the store. Elswick recently got out of prison. He was sentenced to 1-10 years in prison on two charges in 2010, after confessing to stealing a truck from the Bayer CropScience Plant, breaking into a home, and then crashing the truck into a creek.

Charleston Man Sentenced

{Charleston, West Virginia}...Twenty year old Kenneth Woodson has been sentenced to one to five years in prison for his part in the November beating of Andrew Watson and his girlfriend, Jilian Hagelin, both 26. Woodson pleaded guilty to malicious wounding after originally being charged with attempted murder. Authorities say Woodson and his father, 59 year old Charles Woodson, beat the victims with baseball bats outside their home on Madison St. in Charleston. Charles Woodson is also facing a charge of attempted murder and is scheduled to go on trial September 24th.

Three Charged With Murder

{Buckhannon, West Virginia}...Twenty-eight year old Jesse Lee Heater, 32 year old Rodolfo Villagomez Correa, both of Buckhannon, and 30 year old Robert Eugene Siron of Weston have been charged with first-degree murder. Police say they fatally stabbed and shot 29 year old Joshua Richard Oberg. Police began investigating the disappearance of Oberg when he did not return to his home in the Buckhannon area of Upshur County on January 23rd. Witnesses say Oberg was last seen in a vehicle with Heater and Siron. A confidential informant told police this week that Heater admitted he and Siron attacked and killed Oberg and hid his body along Bull Run Road in Upshur County. Police went to the area Tuesday and discovered Oberg's skeletal remains in a shallow grave. Police determined Correa paid Heater to kill Oberg. Heater then shared the money with Siron for assisting in the attack.

Tomblin Seeking Individual Federal Assistance

{Charleston, West Virginia}...The state learned Monday that President Obama approved a Federal Disaster Declaration for 45 of the state's 55 counties. But that funding only covers public damage, not individual. Governor Earl Ray Tomblin says, during his tour of the state two weeks ago, he saw major damage. Tomblin says the state is working with the federal government to see if a few counties ended up with enough damage that they would qualify for individual assistance. Tomblin says some counties suffered greater personal losses than most counties, and his office is doing what it can to convince the federal government to graft in that proclamation.

Firearms Expert Testifies At Pretrial

{Charleston, West Virginia}...Jury selection is expected to get underway at 9:00 A.M. Monday in the trial for Shawn Lester, the man charged in the August 2003 sniper-style shooting deaths of Gary Carrier Jr, Jeanie Patton and Okey Meadows Jr., who were killed at gas stations in Kanawha County. Lester appeared in court Tuesday for a pretrial hearing. Both sides filed last minute motions in the case. During the hearing, prosecutors called retired State Police firearms expert Roger Reed to the stand, where he testified that the gun used in all three murders was a Marlin 22 Magnum rifle and that the bullets recovered from Carrier, Patton and Meadows were from the same gun. Judge Duke Bloom ruled that Reed could testify as a witness for the prosecution during the trial. Reed is one of more than a hundred witnesses expected to testify during the trial. Lester's attorney, George Castelle, says he will file a change of venue motion to get the trial moved out of Kanawha County.

Shooting Leads To Standoff

{Huntington, West Virginia}...Police have arrested and charged 43 year old Jerry Blake with two counts of wanton endangerment and one count domestic assault. Police say, about 8:30 A.M. Tuesday morning, Blake walked into Cabell Huntington Hospital's 20th Street Professional Building and went to a second-floor office area, where his estranged wife works, threatened to shoot her and then fired one shot from a handgun nearly hitting her and a co-worker. After the shooting, Blake went back to his home on Cedar Street, where a standoff with police occurred. After a short standoff with police, Blake came out on the porch of his house with a rifle. After several commands, he finally put the rifle down and surrendered peacefully.

Former JROTC Instructor Found Dead

Sgt. Edwin "Eddie" Albert Smuda, 59, of Dunbar, instructed JROTC for more than 15 years at South Charleston High School. Smuda was suspended without pay in November when Dunbar police arrested him for alleged first-degree sexual abuse by a parent or guardian. A juvenile male had accused Smuda of making sexual advances toward him while they were watching a movie at Smuda's residence sometime before the summer of 2011. Smuda was found dead Monday night of an apparent hanging at his sister's house in New Jersey. Detectives were investigating Smuda after another student came forward with allegations of abuse. Smuda had been free on bond awaiting a November trial.

Mother Charged With Homicide

Sharon Flanagan of Inwood, West Virginia was charged Monday with homicide in the drowning death of her 2 year old son, Steven Flanagan, who died July 6th after being found unconscious in a bathtub inside a Pittsburgh hotel room July 1st. Flanagan has been in custody since July 2nd. Police say she gave inconsistent accounts of the incident, telling detectives the boy slipped while swimming in the tub. She then said she tried to pull him out, but he became stuck.

Federal Disaster Declaration For West Virginia

{Washington, D.C.}...President Barack Obama signed a federal disaster declaration for 45 West Virginia counties Monday, ordering federal aid to supplement state and local recovery efforts in the areas affected by the storms on July 29th. The derecho storm, which brought winds of more than 70 miles per hour to some parts of the state, left behind damage in many areas and, at one point, knocked out power to more than half of the state. Many residents in West Virginia were without power for more than 10 days. Federal funding is available to state and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work and the repair or replacement of facilities damaged by the severe storms and straight-line winds. Federal funding is also available on a cost-sharing basis for hazard mitigation measures statewide.

The counties included in the declaration are:

Barbour, Boone, Braxton, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hardy,
Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marshall, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood and Wyoming.

WV Supreme Court To Consider MSHA Liability

{Charleston, West Virginia}...The West Virginia Supreme Court has set an October 17th argument date to consider the issue of whether Mine Safety and Health Administration inspectors can be held liable for coal miners' deaths. The widows of miners Don Bragg and Ellery Hatfield sued MSHA in April 2010 after their husbands died when they were trapped in a fire in 2006 in Massey Energy's Aracoma mine. The lawsuit alleges that MSHA was negligent and that the inspectors who'd failed to find problems in the mine should be held liable under West Virginia law.

Lincoln County Commissioner Resigns

{Hamlin, West Virginia}...Lincoln County Commissioner 32 year old Thomas Ramey, Jr., sent a letter of resignation Monday.  Ramey is scheduled to plead guilty to federal fraud charges at a hearing scheduled for August 8th. Federal investigators allege Ramey was present while absentee ballots in the 2010 primary election were altered, despite telling the FBI he had no knowledge of the changes. The Lincoln County Commission will meet Tuesday morning to accept Ramey's resignation and discuss how to pick his replacement.

Woman Pleads Guilty To Fraud And Forgery

{Charleston, West Virginia}...Angela Nichols pleaded guilty Monday to four counts of credit card fraud and one count of forgery. Police say Nichols, her husband Charles Burns and Roy McMillion broke into several cars in Charleston, took credit cards and then used them in 14 counties. Nichols faces up to 50 years in prison when sentenced. She also has to pay back more than $5,800. Burns and McMillion are also facing charges in the case.

Mountain State University Announces Cutbacks

{Beckley, West Virginia}...Mountain State University announced Monday it is cutting its workforce in half. Impacted workers were notified that their employment ends September 21st. The Beckley-based school says the reduction is necessary after the July 9th decision from the Higher Learning Commission to withdraw MSU's accreditation. Mountain State Board of Trustees Chairman Jerry Ice says the employees are hardworking and dedicated, and the decisions were not based on performance issues. Mountain State has established a career services center that will help employees who are losing their jobs. A Rapid Response Team from WorkForce West Virginia will be on campus Friday from 10:00 A.M. to 2:00 P.M. Higher Education Policy Commission Chancellor Paul Hill  told the Legislative Oversight Commission on Education Accountability that officials have sought to assure the more than 900 Mountain State students who have qualified for state-level financial aid that the aid remains valid and can move with them to another institution.

Turnpike Courtesy Patrol Officer Killed

{Pax, West Virginia}...Police are investigating after Turnpike courtesy patrol officer 59 year old Wyatt Harris of Coal City, West Virginia was fatally struck by a car while helping out a stranded motorist on I-77 near the Pax area in Raleigh County around 2:00 A.M. Sunday morning. Police say the driver said they fell asleep shortly before the crash.

Former WVU Coach Dies

Jim Carlen, a native of Cookeville, Tennessee who guided the West Virginia University football team for four seasons, died at at his home in Columbia, South Carolina Sunday morning at the age of 79. Carlen was a punter and linebacker for Georgia Tech and first became a head coach at West Virginia in 1966. Texas Tech hired Carlen in 1970 after he led the Mountaineers to their second ever 10-win season. In 1973, Carlen led the Red Raiders to their second-ever 11-win season. Carlen’s finest season in Morgantown was also his last. WVU finished 10-1 in 1969, ending the year with a 14-3 victory over South Carolina in the Peach Bowl. His 1967 squad won the Southern Conference championship. Carlen compiled a 25-13-3 record during his stay in Morgantown. Legendary coach Bobby Bowden, who was a member of Carlen’s staff, was named head coach following Carlen’s departure to Texas Tech. Carlen’s career also included a seven-year stint as head coach at the University of South Carolina. His overall record in 16 seasons as a head coach was 107-69-6. His teams appeared in eight bowl games. Carlen’s 1980 South Carolina team featured Heisman Trophy winning running back George Rogers.

Meth Bust

{Sissonville, West Virginia}...A Kanawha County Sheriff's Deputy pulled over a vehicle in Sissonville about 1:40 P.M. Sunday, and, while police were preparing to tow the vehicle, which did not have registration, they found materials used to make methamphetamine, along with a loaded syringe that tested positive for methamphetamine and another loaded syringe and a glass pipe with white residue. Michael Tyler Lanham and Brittany Blake Cooper, both 22 and also of Sissonville, and Ronnie Dean Boucher, 49, of Charleston, were arrested and charged with operating or attempting to operate a meth lab.

Police Respond To Shoplifting

{South Charleston, West Virginia}...South Charleston Patrolmen N.W. Harden and Cpl. D.J. Pauley responded to a call of a shoplifting at the Walmart at Southridge around 4:30 P.M. Saturday after a woman attempted to steal $3,000 worth of merchandise. Charges are pending and the investigation is ongoing.

Bridge Named In Honor Of Fallen Soldier

{Huntington, West Virginia}...After 43 years, the late Pfc. Herbert B. Murphy was honored Saturday when a bridge on 29th Street near 8th Avenue in Huntington was formally named the Herbert Burgess Murphy Memorial Bridge Saturday. Murphy left the former Huntington East High School at the age of 17 to join the Marine Corps and served in Vietnam. He was killed during the war. His name is among the thousands of others on the Vietnam Veterans Memorial wall in Washington, D.C.

U.S. And State Flags Ordered At Half-Staff

In accordance with a presidential proclamation, all U.S. and state flags displayed at state facilities have been ordered to be lowered to half-staff in respect of the victims of the shootings in Aurora, Colorado. Flags will remain at half-staff until sunset on July 25th. A theater near Denver was showing the Batman movie "The Dark Knight Rises" when  a gunman dressed in black and wearing a helmet, body armor and a gas mask stepped through a side door and threw gas canisters that filled the theater with smoke then opened fire, killing 12 and wounding 59. The gunman, identified by police as 24 year old James Holmes, used a military-style semi-automatic rifle, a shotgun and a pistol, stopping only to reload as he marched up the aisle in the theater, picking off those who tried to flee. Authorities say he hit 71 people. At least one was struck in an adjacent theater by gunfire that went through the wall. Within minutes, frantic 911 calls brought about 200 police officers, ambulances and emergency crews to the theater. Holmes was captured in the parking lot. Police say Holmes bought four guns from local gun shops in the past 60 days and 6,000 rounds of ammunition, including a drum magazine that could fire 50 to 60 rounds per minute. Holmes graduated from the University of California, Riverside, in spring 2010 with a bachelor's degree in neuroscience, but, when he could not find a job, he enrolled in the Ph.D. neuroscience program at the University of Colorado-Denver in 2011 but was in the process of withdrawing.

It is the worst mass shooting in the United States since the November 5, 2009, attack at Fort Hood, Texas in which a U.S. Army psychiatrist is charged with killing 13 soldiers and civilians and wounding more than two dozen others. It is the deadliest in Colorado since the Columbine High School massacre in suburban Denver in 1999 when two students killed 12 classmates and a teacher and wounded 26 others before killing themselves.

Police Chase Turns Deadly

{Charleston, West Virginia}...West Virginia State Police spokesman Sgt. Mike Baylous says 34 year old Craig Michael Keith, originally from Altoona, Pennsylvania, who in Charleston since October, was fatally shot following a police pursuit that ended on Interstate 77 Friday morning. Police say Keith, who appeared to be drunk, was causing a disturbance at Mardi Gras Casino in Nitro around 2:00 A.M., and, when he was asked to leave, he refused. When Nitro Police were called to the scene, Keith ran to his vehicle, and the pursuit began on Interstate 64 eastbound toward Charleston. Keith eluded authorities and found his way to Corridor G, U.S. Route 119, and drove south into Lincoln County. There, he doubled-back and managed to drive back through Charleston and onto I-77 north. State Police and other agencies managed to stop him by using spike strips near the Fairplain exit in Jackson County. Sgt. Baylous says Keith was driving aggressively, reaching speeds of 90 miles per hour, and trying to ram cruisers. Once Keith was stopped, he refused to obey police commands and was shot. Keith was pronounced dead at Jackson General Hospital in Ripley. Sgt. Baylous says Keith had a previous criminal record including 2008 charges in Blair County, Pennsylvania of resisting arrest, aggravated assault, and driving under the influence. Sgt. Baylous says Keith had told a friend he would do whatever necessary to keep from going back to jail, including going as far as pretending to have a weapon if encountered by police.

Commissioners Agree To Fannie Mae, Freddie Mac Lawsuit

{Charleston, West Virginia}...Kanawha County Commissioners have agreed to hire Attorney Jonathan Deem with the Charleston law firm Bailey & Glasser to collect taxes allegedly owed to the county by Fannie Mae and Freddie Mac. Deem says the companies have not been paying transfer taxes when deeds are transferred in counties around the state, and the companies are claiming they do not have to pay taxes on the transactions because they are federal agencies. Deem says the law firm is talking to all 55 counties in the state to see if the commissions would like to join the lawsuit. Hancock and Marshall counties have already sued the companies over the nonpayment of taxes. Deem says the firm would charge one-third of what they collect from the agency, and no charges would be levied if the counties do not win the lawsuit.

Charleston Mayor Undergoes Surgery

{Huntington, West Virginia}...Charleston Mayor Danny Jones is recovering after undergoing a DaVinci Robotic Prostatectomy Friday morning at Cabell Huntington Hospital. Jones, who was diagnosed with prostate cancer in May, is doing well and is expected to be released Saturday.

Case Against Former Councilman Sent To Grand Jury

{Hurricane, West Virginia}...Former Hurricane City Councilman Scott Cunningham faces charges of soliciting a minor by computer that could, if convicted, get him sentenced to up to 20 years in prison. A trooper linked Cunningham's phone to text messages discussing oral sex with a 13 year old girl from February to late May. Cunningham claimed he would never do what he allegedly talked about doing. The case has been sent to the Putnam County Grand Jury.

Couple Dies After House Explosion

{Huntington, West Virginia}...Friday afternoon, Anthony Hawkins and Trina Clapham died at Cabell Huntington Hospital after being severely burned during a house explosion on Martins Branch Road in Hurricane earlier in the week. State Police believe a meth lab explosion may have been what leveled the house and injured the couple.

Marijuana Bust In Charleston

{Charleston, West Virginia}...Travis Funk, 25, of Charleston, was arrested early Friday morning and charged with possession with intent to deliver after police found nearly four pounds of compressed marijuana inside his bag at the Greyhound Bus Station in Charleston.

Body Found In Elk River

{Pinch, West Virginia}...Wednesday night, Pinch Volunteer Fire Department dive crews recovered the body of 48 year old Rex Edward Hughes from  the Elk River along Walgrove Road in the Pinch area of Kanawha County. The missing man's friend, Jeff Sherrick says, when he discovered his buddy's personal items laying on the edge of the Elk River, he knew something was wrong so he called family and friends, but nobody knew where he was. Sherrick says the last time anybody saw his friend was between 6:30 and 7:00 P.M. Tuesday night. The body was discovered down river from the spot where he was last seen.

Welch Man Convicted

{Welch, West Virginia}...Forty-five year old Victor Horn of Welch has been convicted of involuntary manslaughter, wanton endangerment and child neglect in the February 2011 death of his wife Madeline. He was originally charged with first-degree murder. Horn was holding a gun while posing for a picture with his 12 year old son, and he claimed that, when the flash of the camera went off, he lowered or dropped the gun and it accidentally went off when he tried to grab it. Prosecutors argued Horn would've had to have gone through a five-step process for it to go off as he claimed.

Drug Bust In Fayette County

Roderick Nash, 27, Jasmine Fuce, 20, Orlando Torres, 25 and Dale Brown, 26, all of Seabring, Florida, were arrested after several law enforcement agencies recovered $29,000 cash and $16,000 worth of roxycodone pills in an undercover drug buy about 12:30 P.M. Wednesday night. Nash, Fuce, Torres and Brown are each charged with two counts of possession with intent to deliver a controlled substance, two counts of conspiracy to commit a felony and transfer of narcotics across state lines.

WV Bans Bath Salt Company

{Charleston, West Virginia}...Nutragenomics, LLC, a Georgia company, has agreed to a plea deal that bans them from selling bath salts to West Virginia residents. Nutragenomics sells chemical compounds that come in white or brown powders that are marketed as bath salts, plant food or incense. Attorneys with the state Attorney General's office says they are simply the chemicals banned by the state legislature in 2011 with slight changes. In the agreement, Nutragenomics also agrees to put disclaimers on their numerous web sites that they do not sell to West Virginia customers. They are also ordered to provide a list of their West Virginia customers since January 2008.

Inspector General Investigating Internet Funding

The U.S. Department of Commerce inspector general has started an investigation into West Virginia's use of $126.3 million in federal stimulus funds to expand high-speed Internet. The Office of Inspector General plans to determine whether the state spent the broadband stimulus funds "properly and efficiently and whether West Virginia's application for the stimulus funds included material misrepresentations. U.S. Representatives Greg Walden of Oregon and John Shimkus of Illinois requested the review.

Attempted Prison Escape

{Mount Olive, West Virginia}...Convicted murderers 23 year old Stephen Wilson, 26 year old Daniel Smith and 38 year old Bobby Lowe, three inmates at the Mount Olive Correctional Complex in Fayette County, are separated from the general inmate population following a failed escape attempt Tuesday night. Wilson and Smith murdered Huntington pastor Mark McCalla four years ago while he was at a shooting range. Lowe fatally beat a man at a motel in Kanawha County in 2003 and stuffed his body in a garbage can. Corrections Commissioner Jim Rubenstein says one inmate was spotted by a yard perimeter officer, and, within a half-hour, all three were apprehended. Rubenstein says there's an internal and State Police investigation underway to try to determine what happened that allowed the inmates to walk away from where they were supposed to be. There's never been an escape from the maximum security prison since it replaced the old Moundsville State Prison in 1995. Rubenstein says the 83-acre facility has a number of fences and security devices and usually planned escapes are caught much earlier by the prison's internal affairs operation. Rubenstein says other parts of the prison were secure during the incident and at no time was the community in danger.

Fugitive Fatally Shoots Himself

{Sistersville, West Virginia}...Authorities say 38 year old Thomas Fritz of Sylvania, Ohio fatally shot himself in a remote cabin in Sistersville, in Tyler County, West Virginia Tuesday night after seeing U.S. Marshals closing in on him. Police say Fritz shot his ex-girlfriend, Amy Merrill, her pregnant sister, 24 year old Lisa Gritzmaker, and their mother, Robin Lynn McCowan, on Friday in Blissfield, Michigan at a home he and Merrill shared until recently. Only McCowan survived. Authorities say Amy Merrill had broken up with Fritz about three weeks ago. Fritz served in the Ohio National Guard beginning in 1997 and later the Army Reserve. He then spent nearly a year in Iraq with the guard's military police unit from the spring of 2003 through early 2004.

Man Pleads Guilty To Murder

{Charleston, West Virginia}...Wednesday afternoon, Ernest Lyle Young Jr. of Handley pleaded guilty to second-degree murder in the June 2011 killing of 81 year old Wilfred Naylor. Deputies say Young fatally beat Naylor with an old-style police club at his home off Kelley's Creek Road. Young could face up to 40 years in prison when sentenced on August 29th. Prosecutors are recommending he be sentenced to 20 years. Naylor was a retired federal police officer at the Pentagon.

Woman Pleads Guilty To Drug Charge

{Huntington, West Virginia}...Arteria M. Evans, 32, of Huntington, has pleaded guilty to maintaining a residence for the distribution of crack cocaine, admitting that, between December 2008 and August 6, 2009, she permitted several known people to store and sell crack cocaine from her home. Evans faces up to 20 years in prison and a $1 million fine when sentenced October 15th.

Charleston Man Sentenced

{Charleston, West Virginia}...Wednesday afternoon, 33 year old William Dale Clere of Charleston was sentenced to 10 to 20 years in prison with 20 years supervised probation. He will also have to register as a sexual offender for the rest of his life. He was charged last November with two counts of sexual abuse by a parent or guardian, two counts of child abuse causing the risk of injury and one count of indecent exposure. He pleaded not guilty in February. Police say he pushed his stepdaughter in front of traffic, ordered his stepchildren to eat feces out of the toilet and sexually abused his stepdaughter.

Lincoln County Commissioner To Plead Guilty

{Hamlin, West Virginia}...Wednesday morning, the U.S. Attorney's Office asked U.S. District Court to schedule a guilty plea hearing for Lincoln County Commissioner 32 year old Thomas Ramey Jr. Ramey is apparently ready to plead guilty to charges in connection with a 2010 vote fraud case. A charged filed Tuesday says Ramey lied to an FBI agent earlier this year investigating the case that involved absentee ballot applications. The current charge against Ramey carries a federal prison sentence of up to five years. Former sheriff Jerry Bowman and former clerk Donald Whitten, who had to resign their positions as part of their plea deals, will be sentenced next month.

Tomblin Requests Federal Disaster Declaration

{Charleston, West Virginia}...West Virginia Governor Earl Ray Tomblin is requesting a major disaster declaration from the federal government. Tomblin's office said Tuesday he's requesting public assistance in more than 40 counties and that hazard mitigation funds be available to all 55 counties. If granted, the declaration would help provide infrastructure repair, in addition to the federal assistance the state is currently getting to address health and safety concerns.

Aracoma Case Going To State Supreme Court

The U.S. U.S. 4th Circuit Court of Appeals has sent the case filed by Delorice Bragg and Freda Hatfield to the West Virginia State Supreme Court. The widows filed a suit after the 2006 Aracoma mine disaster, saying MSHA should be held liable for the deaths of their husbands, Don Bragg and Elvis Hatfield, who became separated from 10 other crew members in a belt fire at Aracoma Coal’s Alma No. 1 Mine in Logan County. Their bodies were located two days later. A three-judge panel heard the appeal from Bragg and Hatfield on May 22nd in Richmond, and many of the judges’ questions focused on whether MSHA's actions at Aracoma violated West Virginia state law. The attorney for Bragg and Hatfield, Bruce Stanley, argued MSHA's inspectors didn't do their jobs at Aracoma and must be held accountable in part for the fire that claimed their husbands' lives. The lawsuit against MSHA was dismissed by U.S. District Judge John Copenhaver in July 2010.

Charleston Detective Sued

{Charleston, West Virginia}...Cynthia Ellis is suing Charleston Police Chief of Detectives Steve Cooper and the city of Charleston. The suit claims Cooper lost control of his cruiser and caused a car accident that left her with several injuries. Ellis alleges that, on July 16, 2010, she was stopped behind a line of cars on Pennsylvania Avenue when Cooper, driving a cruiser, rammed the back of her car, causing it to pinball into the vehicle in front of her. The crash totaled Ellis' car, and she was hospitalized.

Charges Filed Against Lincoln County Commissioner

{Hamlin, West Virginia}...U.S. Attorney Booth Goodwin filed a charge Tuesday morning in federal court against Lincoln County Commissioner 32 year old Thomas Ramey, Jr., alleging that, around February 7, 2012, Ramey told an FBI agent he did not know who altered certain absentee ballot applications from the 2010 primary election in the Lincoln County Clerk's Office. Goodwin says Ramey caused someone else to alter the applications and was present when they were altered. Ramey was charged as part of a federal information which generally means the defendant is cooperating with the U.S. Attorney's Office. Ramey is the third Lincoln County official named in the vote fraud investigation. Former county sheriff Jerry Bowman and county clerk Donald Whitten have already pleaded guilty. If convicted, Ramey faces up to five years in prison and a $250,000 fine.

Man Arraigned On Murder Charge

{Huntington,  West Virginia}...Edward "Jessie" Dreyfuse will be back in court on August 30th after being arraigned in Cabell County Circuit Court Monday, charged with the April beating death of Otis Clay of Huntington. Police say Dreyfuse beat Clay with a baseball bat at Clay's home on Washington Avenue. Dreyfuse was originally charged with malicious wounding but those charges were changed to murder after Clay later died.

Man Charged In Stabbing

{Charleston, West Virginia}...Twenty-six year old Kenyatta Henderson of Charleston was stabbed somewhere between the Club Impulse and Spyros parking lot on Capitol Street about 3:00 A.M. Saturday morning. Alexander Tygankov Skeens, 23, of Charleston,  was arrested  Tuesday morning and charged with malicious wounding after he allegedly stabbed Henderson eight times. A preliminary hearing is set for July 27th.

State Hospital Workers Protest

{Charleston, West Virginia}...A handful of member of United Electrical Radio Machine Workers Local 170 protested outside the Davis Building in Charleston Tuesday morning. State hospital and nursing home employees claim the Department of Health and Human Resources is forcing them to work overtime, under extreme conditions, for little pay. Protestors were there to try and get a meeting set up with the Acting Secretary of the DHHR. John Thompson, a UE International Representative who led the protest, says the group has been trying to do so for more than a year, and now, they plan to file a lawsuit against the state agency for violating the Family and Medical Leave Act, Americans with Disabilities Act and the Fair Labor Standards Act. Jamie Baton, who works at Sharpe Hospital in Lewis County, and Thompson said, after the June 29th derecho, the hospital had no power for six days. Thompson said it seemed like the DHHR didn't care what was happening at Sharpe, and the state had no evacuation plan to move those residents out of the facility.

Environmental Groups Sue Alpha Natural Resources

{Huntington, West Virginia}...The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy and Sierra Club sued Alpha Natural Resources over selenium pollution again Monday. The complaint, filed in U.S. District Court in Huntington, focuses on nine southern West Virginia operations and targets operations in Logan, McDowell, Boone, and Kanawha counties. The environmental groups say Virginia-based Alpha is violating the federal Clean Water Act and state-issued discharge permits. They want a judge to order the operations to comply and fine Alpha as much as $37,500 per day of violation, some of which date to 2007. They also seek monitoring and sampling to determine the extent of the environmental damage, and a cleanup and restoration order.

The affected mines are: Alex Energy's Whitman No. 2 Surface Mine, Aracoma Coal Co.'s Camp Branch facility, Bandmill Coal Corp.'s Tower Mountain Surface Mine, Highland Mining Co.'s Freeze Fork Surface Mine, Independence Coal's Twilight Surface Mine, Jack's Branch Lady Dunn Preparation Plant, Hughes Creek Surface mine and Stockton Mine and Kanawha Energy's Fourmile Fork Surface Mine.

Huntington Man Sentenced

{Huntington, West Virginia}...U.S. Attorney Booth Goodwin said Monday that 64 year old Floyd Lewis Miller of Huntington has been sentenced to eight years and one month in prison after pleading guilty in April to conspiracy to distribute Oxycodone. The court found Miller was responsible for distributing 3,500 pills. Federal agents found Miller and others in possession of Oxycodone pills in July 2010, and Miller admitted his involvement in a drug deal with a confidential informant the following month.

Former Clerk Pleads Guilty To Fraud

{Huntington, West Virginia}...Cynthia Gibson, 40, of Huntington, has pleaded guilty to conspiracy to commit food stamp fraud, admitting that, while she was a clerk at  the All-In-One convenience store in Huntington, she tried to defraud the Supplemental Nutrition Assistance Program, or SNAP. Gibson admitted she conspired with others in an illegal card-swiping scheme that netted $127,000 in SNAP benefits between June 2011 and February. Court documents show Gibson swiped benefit debit cards at the store and gave the recipients as little as 50 cents on the dollar in cash. The store's bank account then received the full amount of the fraudulent transactions from the federal government. Stephanie Pauley, the store's former manager, pleaded guilty to a conspiracy charge in April. Both Gibson and Pauley face up to five years in prison and a $250,000 fine. Gibson will be sentenced October 15th in federal court in Huntington. Pauley will be sentenced on July 30th.

Alpha President Appears At Hearing

{Abingdon, Virginia}...During a field hearing Monday, Alpha Natural Resources President Paul Vining said the EPA so-called "war on coal" is a war on affordable electricity. Vining acknowledged that energy markets are cyclical and this is the first downturn the coal industry has faced. Vining argued regulations by the Environmental Protection Agency are "significantly and artificially" influencing markets, and the casualties will be American consumers, businesses and manufacturers. Kentucky Republican U.S. Representative Ed Whitfield led the meeting of the House Subcommittee on Energy and Power in Abingdon, Virginia, where Alpha is based.

Man Arraigned On Sexual Assault Charges

{Charleston, West Virginia}...Fifty-six year old Charles Shamblin of Paint Creek was arraigned in Kanawha Circuit Court Monday on sexual assault charges, including incest, sexual abuse, and sexual assault. State Police say Shamblin abused his daughter for more than 10 years and DNA samples show Shamblin fathered her three children. Shamblin pleaded not guilty to the charges and a competency evaluation has been ordered. Shamblin's trial has been scheduled for October 15th.

Charleston Man To Attend Drug Court

{Charleston, West Virginia}...Thirty-two year old James Edward Russell of Charleston has pleaded guilty to grand larceny and breaking and entering involving two separate incidents. In November, Russell stole a gold ring valued at $2,400 from a woman at the Kanawha City McDonalds. On March 18th, he stole cash and property from Budget Tapes in Kanawha City. Russell has been in jail since his arrest April 25th. Circuit Judge Jennifer Bailey deferred his sentencing while he participates in drug court. Judge Bailey said, when released, he must remain on home confinement and report to the Day Report program to begin his required drug court program. If he graduates, prosecutors have agreed to drop the charges. If he does not successfully finish drug court, Russell could be sentenced to up to 20 years in prison.

Teen Allegedly Steals Prescription Medication

{St. Albans, West Virginia}...Police were called to a home along MacCorkle Avenue in St. Albans about midnight Sunday after a mother noticed her 13 year old son had stolen her prescription medication. Just two hours later, the woman's neighbor, 52 year old Darrell Frye, was awakened by dogs barking and noticed the teen was hiding in his garden with a lantern stolen from his basement. Frye chased the juvenile, and the teen cut his leg when he jumped into a creek and was unable to get away.

Shooting In Huntington

{Huntington, West Virginia}...Huntington Police are investigating a shooting which occurred around 3:00 A.M. Sunday morning near the Icon Bar on 4th Avenue. Police say, when they arrived at the scene, neither the suspect nor victim were found, but around the same time, 31 year old Asim Peterson checked himself into St. Mary's Medical Center with gunshot wounds to his legs. Peterson says he was near the bar when a black male, stocky build, wearing black clothing and possibly in his 20's, rode up to him on a bicycle and shot him. Peterson is in stable condition.

West Virginia Lottery Shows Large Surplus

{Charleston, West Virginia}...The West Virginia Lottery ended the just-completed budget year with an $81 million surplus. Lottery sales topped $1.45 billion for the year that ended June 30th, a better showing than either of the two previous fiscal years. Officials had forecast $1.32 billion, or a nearly 5 percent decline from the prior year. The state budget for the just-completed year included $521.5 million in spending backed by lottery dollars. These revenues fund the PROMISE college scholarship program and other areas of education, as well as programs meant to help seniors and tourism. The lottery has become a vital revenue source for state government, supplying more than $6 billion over the past 10 years. It has also provided $221 million to county and local governments during that time, including an estimated $22 million during the just-completed budget year.

Body Found In Logan

{Logan, West Virginia}... An investigation is underway after West Virginia State Police Troopers found a body inside the boundary of Chief Logan State Park Saturday. Sgt. R. G. Flippen of the Logan State Police Detachment said Saturday afternoon that he could only release some basic information, but police had been looking for a person reported missing about a week ago.

Convicted Sex Offender Sentenced

{Charleston, West Virginia}...Charles Illingworth has been sentenced to 10-25 years in prison for the 2011 beating and raping of a woman on the bank of the Elk River near Pennsylvania Avenue in Charleston. Illingworth was already a registered sex offender after being convicted of sexual crimes involving children in Iowa and Nebraska and spent nearly five years in prison as a result. Illingworth was living in the Roark-Sullivan Lifeways Giltinan Center, a men's shelter in Charleston, at the time of the rape.

Charleston Man Sentenced

{Charleston, West Virginia}...Thursday, U.S. District Judge John Copenhaver sentenced Tre's Avery "Trey" Davis, 23, of Charleston to five years and three months in federal prison after he pleaded guilty in April to one count of illegal firearm possession and one count of distributing crack cocaine. Huntington police arrested Davis in December 2011 after he shot Mark King in the abdomen at a Marathon gas station on 16th Street. Police stopped his vehicle on Interstate 64 in Cabell County and found a .40 caliber handgun and several shell casings inside. Davis admitted he shot King and fled the scene and that he sold crack cocaine on Charleston's West Side. He was prohibited from possessing a firearm because of a 2009 domestic battery conviction in Kanawha County. Davis faced a maximum 30-year sentence. 

Pilot Program To Help Attorneys

{Charleston, West Virginia}...The West Virginia Supreme Court has approved a three-year pilot program to help attorneys who have addictions, or physical or mental health conditions, that impact their ability to practice law. The program also will be used to educate the judges, attorneys, and the public about the causes of impairment, and develop prevention programs to help attorneys. The program will be funded through the West Virginia State Bar, and the total costs may not exceed $60,000 per year.

Man Pleads Guilty In Firefighter's Death

{Charleston, West Virginia}...Thirty-eight year old Charles Roberts pleaded guilty Friday in Kanawha County Circuit Court to third and fourth degree arson and involuntary manslaughter in the death of Davis Creek Volunteer Fire Department member Joey King. On December 3, 2011, Roberts was drinking with friends in the Alum Creek area when he had one of his friends stop by a pile of CSX railroad ties and Roberts set them on fire with a piece of cardboard and a tire. King and another firefighter responded to the fire call and both were looking over a bridge on U.S. Route 119 for the source of the fire when King fell to his death. Roberts was originally charged with felony murder. Roberts faces a maximum of six years in prison when sentenced August 28th.

Jackson County Torture Case Goes To Grand Jury

Friday, a Jackson County magistrate denied a defense motion to dismiss the case against 37 year old Peter Lizon who was arrested and changed with one count of malicious assault against his wife, 43 year old Stephanie Lizon. Stephanie Lizon took the stand and denied her husband ever intentionally hit, punched, burned, shackled or otherwise injured her. But, a worker at the Family Crisis Intervention Center in Parkersburg, where Mrs. Lizon took shelter June 18-20, testified that's not what Lizon told her when she was interviewed during her stay. The worker says Lizon contacted her mother in Virginia and arraigned for a bus ticket to take her there, but she never got on that bus, saying she had a one-year-old child that was still left with the abuser and she was going to get the baby, but she never returned to the shelter. After hearing of physical abuse and seeing photos of the alleged victim taken at a domestic violence shelter last month, Jackson County Magistrate Jackie Casto sent the case to the grand jury. Peter Lizon asked for a reduction in his  $300,000 bond, but that request will have to wait until his first appearance before a circuit judge.

Jackson County Businessman Arrested

{Cottageville, West Virginia}...Jackson County businessman Lewis Stephens, who owns JE Stephens Farm Machinery in Cottageville, has been charged with two felonies, including delivery of a controlled substance and possession with intent to deliver. Jackson County Deputies say Stephens was trading prescription pills for sexual favors. Deputies think there may be as many as 12 women involved in the case. An informant gave deputies specific details of a side computer room of the business where the sex and pill deliveries occurred. The informant assisted police Wednesday night in a controlled drug exchange at the boat ramp in Millwood. The informant called Stephens and arranged the meeting, and Stephens demanded the informant also bring a friend to join. A detective posed as the friend from a nearby parking lot chatting with Stephens from a cell phone less than 10 feet from his pickup truck. Deputies then moved in and arrested Stephens after finding Hydrocodone tablets and a prescription bottle.

Grant to Help Unemployed Miners

U.S. Senators Joe Manchin and Jay Rockefeller, along with Representative Nick Rahall announced Thursday that Workforce West Virginia is getting a $1.8 million grant to provide reemployment services to about 200 West Virginia workers affected by layoffs in the mining industry. The National Emergency Grant from the Department of Labor will be managed by the United Mine Workers of America Career Centers.

Kanawha County Man Charged With Murder

{Rand, West Virginia}...Nineteen year old  Brent Burdette of Campbell's Creek was arrested and charged with murder following a shooting just before 1:00 A.M. Thursday morning in the community of Rand. When Cpl. B.E. Borchers arrived on the scene, he found 21 year old William Cordle lying in a roadside ditch suffering from a gunshot wound to the chest. Cordle was taken to Charleston Area Medical Center where he died. Investigators later determined that some kind of argument had taken place between Cordle and Burdette. The criminal complaint alleges Burdette admitted to some people that he had shot Cordle because he was "running his mouth." Deputies have recovered what they believe to be the murder weapon.

Lincoln County Man Charged With Murder

State Police in Lincoln County arrested 32 year old Greg Justice of Sumerco Thursday morning and charged him with first-degree murder in the death of 29 year old Daniel Cook, also of Sumerco, after Cook's body was found around 9:30 P.M. Wednesday night in a creek along Laurel Fork Road. According to the criminal complaint, Justice took Cook to a secured area on Laurel Fork Road last Friday and shot him with a .22 caliber rifle.

Winfield Man Indicted On Murder Charges

{Winfield, West Virginia}...A grand jury has indicted 50 year old Eric B. Pauley of Winfield on a first-degree murder charge after police say he shot and killed his live-in girlfriend, 52 year old Debra Rosiek. Police say, in September 2011, Pauley knocked on the door of the Putnam County Sheriff's Department around 10:00 P.M. and told a deputy that he shot his girlfriend and believed she was dead. Detective Shawn Johnson said Pauley gave police a key to his home, and a deputy was then dispatched to Pauley's residence in the Winfield Mobile Home Village where Rosiek was found dead with multiple gunshot wounds to the chest.

Utah Man Pleads Guilty In WV Fraud

Raymond Paul Morris, 51, of Utah, pleaded guilty Thursday to his part in a multimillion-dollar mortgage fraud scheme involving homes in a Putnam County subdivision. Last September, federal authorities released an 18-count indictment charging Morris with wire fraud, bank fraud and conspiracy, alleging he was one of the leaders in a scheme to secure false appraisals for homes in the Putnam subdivision and market the homes to out-of-state buyers who belonged to a Utah investment group that Morris headed, while Michael Hurd operated a front company in Utah that he used to conceal the transactions from the banks and the oblivious investors. U.S. Attorney Booth Goodwin says Hurricane mortgage brokers Todd and Deborah Joyce paid appraisers Mark Greenlee and James Thornton to create the inflated appraisals of the homes. In total, the group flipped six properties in the scheme, and the respective lender losses totaled almost $2 million. Todd and Deborah Joyce were sentenced last year to 36 months and 46 months in prison respectively. Thornton and Greenlee await sentencing.

Kanawha County Man Pleads Guilty To Child Porn

{Charleston, West Virginia}...William Collins faces up to eight years in prison after pleading guilty Wednesday to four of eleven charges that he possessed child porn on a computer.  Collins was arrested when the images were discovered after he returned the computer to Rent-A-Center. Judge Tod Kaufman raised Collins bond from $250 to $25,000 after he learned the details of a public urination charge filed against him while he was out on bond. A prosecutor said a child was nearby and may have seen the incident. Collins will be sentenced in September.

Man Convicted In Child's Death

{Charleston, West Virginia}...A jury has convicted 25 year old Ethan Chic-Colbert of felony child neglect resulting in death. During a trial Tuesday in Charleston, Kanawha County Circuit Judge Duke Bloom dismissed two felony charges against Chic-Colbert, ruling the prosecution had not met the burden of proof for kidnapping or murder in the death of 11 year old Jahlil Clements. Lynitrah Woodson testified that, in March, she was driving on I-77 in Charleston about midnight when her on-again/off-again boyfriend Chic-Colbert began hitting her, forcing her to pull off the interstate where he dragged her out to the middle lane and was over top of her and beating her while she was in a cradle position. Eleven year old Tyrell Cochran testified that he got out of the car and saw Ethan kicking Lynitrah in the face and punching her while Jahlil, who was attempting to flag down help, got hit by a vehicle. Woodson testified that, by the time Chic-Colbert stopped beating her and ran off, it was already too late to save her son. Chic-Colbert took the stand in his own defense Tuesday afternoon, saying the state's witnesses were not telling the truth, and, during a fight between himself and Woodson, he was trying to get away from her when she tripped him and hit him. Chic-Colbert said that's when he slammed her head to the pavement. He testified he did not see Clements get hit by the vehicle. Chic-Colbert could be sent to prison for more than 30 years.

Accused Sniper Indicted On Drug Charge

{Charleston, West Virginia}...Thirty-seven year old Shawn Lester has been indicted after being accused of distributing Oxycodone and cocaine from at least 2005 through March 2011 near Sissonville, West Virginia. Lester has also been charged in the 2003 sniper-style killings of Jeannie Patton, Okey Meadows Jr. and Gary Carrier Jr. That trial is scheduled for the end of July. Lester has pleaded guilty to a federal gun possession charge and will be sentenced in September.

Trooper Under Investigation

{Bluefield, West Virginia}...West Virginia State Police Trooper J.R. Coburn, a former Mercer County Sheriff's Deputy from Princeton, who fatally shot a man in Mercer County, is under investigation for fatally shooting 34 year old Jackie Spalding Jr., who had a rifle in a Bluewell cemetery on January 29th. Coburn, from the Welch detachment, fatally shot Stephen Lawrence Knight, Jr., 31, from Villarica, Georgia, Friday night. Knight was handcuffed inside a Bluefield police car but somehow moved his hands in front of him, climbed into the driver's seat and fled. The shooting occurred during a subsequent foot chase. State Police say the suspect refused to put down a weapon, and Coburn fired.

Former Marshall University Linebacker Dies

{Myrtle Beach, South Carolina}...Twenty-nine year old J.T, Rembert, a Marshall University linebacker from 2001 through 2004, died around 9:00 P.M. Monday while vacationing with family in South Carolina. Horry County Deputy Coroner Tony Hendrick says preliminary autopsy results show Rembert died of a pulmonary embolism. Rembert was pronounced dead at Grand Strand Regional Medical Center in Myrtle Beach. Rembert's best season was in 2002, when he played in 13 games and collected 33 solo tackles and assisted on 39 others. He had 4 1/2 tackles for loss, two quarterback sacks, two interceptions and a 34-yard fumble return for a touchdown.

Man Drowns At Beech Fork State Park

{Lavalette, West Virginia}...The body of 21 year old Evan Richard Ferguson was recovered by Lavalette dive teams around 9:00 P.M. Monday night. Police say Ferguson was swimming outside of the roped off area at the Beech Fork State Park in Wayne County around 4:00 P.M. when he dove under water and never came up. Police say this is the first drowning on the lake in decades.

Patriot Announces Chapter 11 Bankruptcy

St. Louis-based Patriot Coal Corp., one of the largest coal-producers in West Virginia, has announced it will reorganize under Chapter 11 bankruptcy. Officials say mining operations and customer shipments will continue while Patriot undergoes "comprehensive financial restructuring." The company made the filing in New York and said it had more than $800 million in financing from banks that would help during the bankruptcy process. Patriot Chairman and CEO Irl F. Engelhardt says the company's outlook has been affected by reductions in demand, competition from natural gas, challenging environmental regulations affecting the cost of producing and using coal and a weak international and domestic economy. Patriot has 10 mining operations in West Virginia, including large mines in Logan and Monongalia counties. United Mine Workers of America International President Cecil E. Roberts says it is important for UMWA members working at Patriot operations to understand that the company is not shutting down, and that their pay and benefits will not be affected by this filing.

Delay In Massey Shareholders' Lawsuit

{Beckley, West Virginia}...U.S. District Judge Irene Berger in Beckley has granted another delay in the case of former Massey Energy shareholders who say the coal operator lied to them about its safety record to inflate stock prices. Last week, federal prosecutors said they wanted to protect their criminal probe of the 2010 Upper Big Branch mine disaster by withholding evidence that could help the investors' lawsuit. Judge Berger issued an order Monday allowing the evidence to remain secret until January 15, 2013, or until the federal government concludes its criminal investigation. Judge Berger also canceled a scheduling conference set for Thursday. Assistant U.S. Attorney Steve Ruby says he didn't want to divert his investigators' time to compile evidence for a civil case. He also argues the shareholders' case could benefit by waiting.

Nicholas County Grand Jury To Hear Murder Case

{Summersville, West Virginia}...A quadruple murder case is headed to the Nicholas County grand jury after officials in Magistrate Court were notified Monday that 26 year old James Roy Belknap of Leviasy waived his preliminary hearing scheduled for Tuesday in Summersville. Belknap was arrested in May after he allegedly killed Steven Hendrix, his girlfriend Amber Martin, and Hendrix's two children, 6 year old Dakota and 4 year old Kaylee. Police believe Belknap owed Hendrix money in a drug deal and Hendrix went to his house to collect it. The criminal complaint says some of the victims were killed in Hendrix's van and all their bodies were stripped and thrown over a hillside on Belknap's property. The Nicholas County grand jury next meets in September. Belknap remains jailed without bail. Police have also charged Mark Haynes and Wanda Einstein of Nicholas County. They were allegedly helping Belknap get around after police began looking for him.

Bayer CropScience Issues "WARN" Notice

{Institute, West Virginia}...Bayer CropScience issued a "WARN" notice Monday saying they are permanently ceasing all operations at several production units at the Institute plant and will terminate most employees who work there. The first phase of terminations will begin on September 7th and will continue throughout 2012. These are part of the planned terminations the company announced last year when they said they will quit making aldicarb.

WV Man Dies At Virginia Beach

{Virginia Beach, Virginia}...A man who died Saturday afternoon while swimming at Virginia Beach has been identified as 43 year old Dwight David Carpenter of Buckhannon, West Virginia. Virginia Beach police said Monday that a lifeguard and bystanders pulled Carpenter out of the water after he appeared to be in distress. Efforts to revive him were unsuccessful. He was pronounced dead at a local hospital.

7-Eleven Robbed At Gunpoint

{Rand, West Virginia}...Kanawha County Deputies say a male suspect in his early 20’s, wearing a white hoodie and dark pants, robbed the 7-Eleven convenience store in Rand just after 1:00 A.M. Monday. The store clerk told police the man was hanging around in the parking lot for hours before he came up to the service window, pulled out a gun, demanded cash and cigarettes and fled with the money and merchandise.

Storms Cause Additional Power Outages

{Charleston, West Virginia}...Appalachian Power spokesman Phil Moye says the company was on track with its hopes of having electricity restored to around 95 percent of its West Virginia customers by Sunday. Then a new line of thunderstorms hit the state, causing more than 20,000 additional power outages statewide. Around 2:00 P.M., outages in West Virginia numbered in the 41,000 range. By 6:00 P.M., as another line of thunderstorms crossed the state, an additional 20,000 West Virginia customers were out of power. Around 10,000 of the new outages were in the Kanawha Valley, and the other 10,000 were in the Huntington area. Moye says, around 8:00 P.M., 15,000 Kanawha County customers were without power. Sunday marked the third storm that caused a setback for Appalachian Power after a June 29th storm knocked out power to 330,000 West Virginians. A storm on July 1st caused an additional 30,000 customers to lose power. Another storm July 5th knocked out power to around 40,000 people in West Virginia.

Crews Find Missing Man

{Cedar Grove, West Virginia}...Search crews with the Cedar Grove Volunteer Fire Department found 58 year old Jerry Withrow alive just before noon Sunday on Kelly's Creek Road in Cedar Grove. Kanawha County Sheriff's Deputies say Withrow was riding his jeep on the trails in the Putney area of Campbells Creek Friday when he crashed his ATV, and his friends went for help. But when they reutrned, Withrow was gone.

Deadly Police Chase In Bluefield

{Bluefield, West Virginia}...Around 11:45 P.M. Saturday night, a suspect who was in police custody at the Bluefield Police Department escaped, stole a police cruiser and led police on a short chase. The suspect exited the cruiser near the intersection of U.S. Route 460 and County Girl Road in Green Valley and fled on foot. Police caught up with the suspect, and, after a brief scuffle, the suspect managed to gain control of an officer's handgun. The suspect refused to hand over the gun, and the officer fatally shot him.

Former Marshall University Football Player Arrested

{Jupiter, Florida}...Friday morning, former Marshall University football player Michael Fleurizard was arrested in Jupiter, Florida and charged with two counts of aggravated battery on a law enforcement officer, aggravated fleeing to elude, possession of cocaine and possession of marijuana. Jupiter Police say Fleurizard was asleep behind the wheel of his vehicle at a red light about 3:35 A.M. Friday morning, and, when officers woke him up, he sped off, hitting two officers with his vehicle. Fleurizard crashed into a guardrail after leading police on a chase. He was taken to a Florida hospital with minor injuries. In July 2010, Fleurizard was arrested after a pizza delivery man was robbed on Marshall's campus. Fleurizard pleaded guilty to a count of first-degree robbery and received treatment from a drug abuse center. He spent 20 months in jail before being released in February 2012 and told by Judge Paul Farrell to leave the state.

Nitro Woman Faces Meth Charge

{Nitro, West Virginia}...Nitro Police arrested 35 year old Jamie Nicole Myers Friday afternoon and charged her with operating a clandestine meth lab. Acting on a neighbors tip, police went to Myers' residence on Park Avenue in Nitro and conducted what is called a "Knock & Talk." While there, they found several meth making materials. A young girl was also removed from the home.

Burning Ban Issued

{Charleston, West Virginia}...Governor Earl Ray Tomblin and First Lady Joanne Jaeger Tomblin toured the state Friday surveying the damage from recent storms and monitoring the progress. As a result, Governor Tomblin issued a burning ban which became effective immediately and continues throughout the state of emergency. Tomblin says emergency personnel are stretched as it is with the recovery efforts so the state just needs to take extra precaution at this time. The West Virginia Division of Forestry and the West Virginia Division of Natural Resources will be in charge of determining the extent of the burning ban. For more information regarding the ban, visit the Division of Forestry's website at www.wvforestry.com or the Division of Natural Resources' website at www.wvdnr.gov.