WV Woman Attempts To Smother Son

Investigations are underway in West Virginia and Pennsylvania after authorities say 22 year old Rachel Nelson of Costa, in Boone County, attempted to smother her 4 month old son on two occasions on October 18th while he was a patient at Pittsburgh Children's Hospital. Nelson and the boy's father Shawn Nelson, 43, were approached by investigators after they reviewed surveillance video. Pittsburgh Police say Rachel Nelson admitted to holding her son tight to her chest until he stopped breathing. Nelson has been charged in Pennsylvania and is being treated at Western Psychiatric Institute and Clinic. Detectives say an investigation shows Nelson may have smothered her son numerous times in Boone County between August and October. The Boone County Sheriff's Department is investigating.

Former Food Bank Director Under Investigation

{Huntington, West Virginia}...An investigation is underway involving Leigh Anne Zappin, the former director of the Huntington Area Food Bank. State Police Sgt. Greg Losh confirms that Zappin is being investigated for possible embezzlement. He said the Huntington Area Food Bank is fully cooperating with the investigation. Food Bank Board President Stanley Mills says Zappin resigned in late September.

Charleston Man Indicted

{Charleston, West Virginia}...A Kanawha County Grand Jury has indicted Joseph Pike Dempsey on charges of bank robbery, destruction of property, and battery on a government representative. On June 8th, South Charleston Police responded to a fight at his house. Police say he admitted to punching a man and pulling a BB gun on him. Police say he also kicked an officer during his arrest. Dempsey will be arraigned October 31st.

Woman Charged With Embezzlement

{Milton, West Virginia}...Milton Police have arrested 37 year old Angela Harrison and charged her with embezzlement after she allegedly stole $1,941 in bank deposits from the Pizza Hut in Milton where she worked. Police say Harrison signed a log book showing that she made the deposits on September 7th and 14th, and four days after the second deposit was supposed to be made, Harrison never returned to work. On September 20th, Milton Police stopped Harrison’s vehicle and found a Pizza Hut deposit bag inside.

Gaming Parlor Robbed

{Culloden, West Virginia}...Cabell County Sheriff’s Deputies are investigating after a man armed with a hunting knife robbed Java Joe’s, a video gaming parlor, in the 1900-block of U.S. 60 in Culloden about 10:30 P.M. Wednesday night. The suspect is about 5’10" with a slim build. He was wearing camouflage clothing and a bandanna over his face along with gold-rimmed glasses and gloves.

Police Investigating Sexual Assault

{Dunbar, West Virginia}...Dunbar Police are investigating after a  black male with curly black hair, standing about 6 foot tall, wearing all-black sweat pants, shirt, toboggan and gloves sexually assaulted a woman at a home on Lightner Avenue around 8:30 A.M. Thursday morning. The man fled before the woman called police. Anyone with information is asked to call the Dunbar Police Department at 304-766-0204.

Scammers Targeting "Shop With A Cop" Program

Police are warning consumers about a possible scheme in which people in Fayette and Raleigh Counties have been getting phone calls from a group saying they are raising money for the "Shop with a Cop" program. Chris Young, president of the Fraternal Order of Police's Fayette County Memorial Lodge says any phone calls requesting money is a fraud because the FOP only raises and collects donations by mail for that program, and those mail requests will be sent out in the coming weeks. Young says the Black Diamond Lodge in Raleigh County is collecting money by telephone, but it's not for the Shop-With-A-Cop fundraiser.

Suddenlink Public Hearing Set

{Charleston, West Virginia}...The City of Charleston has scheduled a public hearing to consider the pending sale of Suddenlink Communications to Nespresso Acquisition Corp. The hearing by the City Council's Committee on Cable Television will be at 6:00 P.M. November 14th  in the mayor's Conference Room on the second floor of City Hall, 501 Virginia St. E. The city has a say in the deal because state law says that for a change of ownership to occur, written application and approval is required from all of the appropriate franchising authorities.  Charleston City Council unanimously approved a five-year cable television franchise deal with Suddenlink on November 21, 2011.

Early Voting Begins

{Charleston, West Virginia}...Early voting was first introduced in West Virginia 8 years ago. Since then, the number of voters taking advantage in nearly every election has gone up. Early voting for the 2012 General Election began Wednesday and will continue until 5:00 P.M. November 3rd. The early voting period includes two Saturdays, October 27th and November 3rd. There will be no early voting on Sunday, October 28th. West Virginians can visit the Secretary of State's website, www.wvsos.com, to check the hours of early voting in their county and to find more information. In the 2008 General Election, more than 153,000 people voted early. That was almost 22 percent of all the votes cast in that election.

Dow Closing South Charleston Plant

{Charleston, West Virginia}...As part of a restructuring plan, the Dow Chemical Co. has announced it will eliminate about 2,400 jobs and close roughly 20 manufacturing facilities, including its gum base plant in South Charleston, eliminating 13 jobs. The gum base plant produces the material that makes chewing gum chewy. Dow tried to sell the plant a few years ago and entertained a delegation of Brazilians who inspected the facility.

Norfolk Southern Releases Layoff Details

{Charleston, West Virginia}...Norfolk Southern officials released details Wednesday regarding their plans to lay off over 200 workers due to slow times in the coal industry. In West Virginia, the company plans to lay off 25 workers at operations in Bluefield, 8 in Iaeger, 20 in Williamson and 20 in Mullens. All the affected workers are being offered jobs at Norfolk Southern locations in Illinois, Indiana, Ohio and Pennsylvania.

Patriot Coal Makes Changes

Wednesday, the United Mine Workers union filed suit to try to preserve pension and health-care benefits for 10,000 active and retired miners. The lawsuit alleges Peabody Energy and Arch Coal formed Patriot in an effort to get out of their obligation to fund retiree pension and health-care benefits. St. Louis-based Patriot Coal Corp. filed for Chapter 11 bankruptcy protection in July. Patriot Coal CEO Irl Engelhardt, a long-time executive at Peabody, is stepping aside less than five months after taking the job, and 55 year old Bennett Hatfield will succeed Engelhardt. Hatfield became president of the company in May on the same day Engelhardt was named CEO. He had served as chief operating officer since September of last year. He will also take a seat on the board, effective immediately. Hatfield was CEO and a board member at International Coal Group from 2005 until the June 2011 sale of that company. Patriot also announced Wednesday that its finance committee was being absorbed by the full board and that Mark Schroeder, senior vice president of financial planning, was leaving to take a position with a company outside of the coal industry. Michael Scharf was named chairman.

Humane Society Offering Reward

{Alkol, West Virginia}...Friday, six dead dogs were discovered on a mountaintop on Sulfur Springs Road near Alkol in Lincoln County. The dogs were all dead from gunshot wounds. Police say they found rope marks on the neck of one of the dogs, indicating the dog had been dragged up the mountain before the rope was cut off. The Humane Society of the United States is offering a reward of up to $2,500 for information leading to the identification, arrest and conviction of the person or persons responsible. Anyone with information about the case is asked to call the Lincoln County Sheriff's Office at 304-824-7990.

Man Rejects Plea Deal

{Charleston, West Virginia}...Brent Edward Prouse of St. Albans rejected a plea agreement Wednesday in Kanawha Circuit Court after being accused of swiping keys from 80 year old Mildred Carper and driving off in her car, which was parked in the CAMC General Hospital parking garage. Assistant Kanawha County prosecutor Maryclaire Akers says the plea deal offered to lump a slew of unrelated grand larceny, breaking and entering, and burglary charges into one second-degree robbery charge. Kanawha Circuit Judge Charles King rejected a motion to reduce Prouse's $100,000 bond. Prouse has not been indicted on the grand larceny charges.

St. Albans Man Sentenced

{Charleston, West Virginia}...Kanawha Circuit Judge Paul Zakaib Jr. sentenced 53 year old Dean Jackson Kinder of St. Albans Wednesday to 5 to 15 years in prison after he pleaded guilty earlier this year to one count of incest. Assistant Kanawha County prosecutor Jennifer Meadows says Kinder engaged in oral sex with his stepdaughter while they were living in Belle in 2000. Kinder will spend an additional 50 years on supervised release once he gets out of prison and will have to register for the rest of his life.

Putnam County Judge's Decision Appealed

{Buckhannon, West Virginia}...During an argument to overturn a ruling Tuesday, Putnam County Prosecutor Mark Sorsaia told members of the Supreme Court that he cannot understand why former Putnam County Circuit Judge O.C. Spaulding allowed Joseph Lavigne, Jr., who spent 15 years in prison following a 1996 conviction for the rape of his five year old daughter, Katie Haught, to go free. Lavigne was released from prison in May 2011 after Judge Spaulding ruled he was denied a fair trial. Sorsaia, who is appealing on behalf of the state, says the state decided to appeal because, after reading the circuit judge's opinion, it was arguably obvious that the Circuit Court imposed their personal opinions as to the facts of the case. Lavigne's attorney argues Judge Spaulding was correct when he found the instructions the trial judge gave to the jury were unfair because the jury was instructed that, if they believed the victim's  uncorroborated testimony, they could find the defendant guilty, saying the victim had identified Lavigne in court when she actually had not. Sorsaia argues the testimony of the daughter was clearly influenced by the mother who had instructed her not to accuse her dad of committing the crime although she told several people her father was the one who sexually assaulted her.

Extortion Trial Delayed

{Beckley, West Virginia}...Tuesday, U.S. District Judge Irene Berger delayed the trial of 25 year old Vivek Shah of West Hollywood, California until January 7, 2013. Shah, an aspiring actor, was indicted in August on charges he threatened to kill relatives of Foresight Reserves owner Christopher Cline if Cline refused to pay him $13 million. Cline, a West Virginia coal executive, has homes in Beckley and North Palm Beach, Florida. Shah also allegedly targeted a film studio co-founder from Connecticut, two oil and gas millionaires in Texas and Florida, and an internet company founder from Chicago.

Escapee Captured

{Logan, West Virginia}...State Police in Logan County are reviewing how a handcuffed man was able to escape custody inside a detachment. Thirty-seven year old David Jeffrey of Logan was arrested Tuesday along the bank of the Guyandotte River in Justice Addition, about three miles south of the Logan State Police detachment from where he escaped while he was being held on drug charges, along with a parole violation for a sex offense out of Virginia. Capt. David Nelson says, about 4:50 P.M. Monday, Jeffrey somehow got out of his handcuffs, passed by arresting troopers unnoticed and escaped the Chapmanville detachment's holding cell by running.

Wreck Leads Police To Stolen Vehicle

{Huntington, West Virginia}...Jeremy Ryan Boyles, 27, has been arrested and charged with possession of a stolen vehicle, no operator's license, failure to yield, obstructing, providing false information, two counts of assault on a police officer, two counts of battery on police officers and transporting stolen property into the state. State troopers in Huntington say he wrecked a stolen vehicle from Georgia Monday on U.S. Route 60, and, when troopers tried to arrest him, he began resisting, and police had to use a baton and palm strikes to restrain him.

Ohio Man Sentenced

{Huntington, West Virginia}...Danny Merriweather, Jr, 25, of Toledo, Ohio has been sentenced to three years and one month in prison after pleading guilty in July to possession with the intent to distribute crack cocaine in Huntington. Merriweather admitted that he tried to swallow a bag that contained 13.8 grams of crack cocaine when he saw law enforcement approaching his home in Huntington. Merriweather is currently serving a prison sentence in Ohio for an unrelated drug conviction and will serve the newest sentence consecutively.

Stabbing In Cedar Grove

{Cedar Grove, West Virginia}...Kanawha County Sheriff's Department Cpl. M.A. Huddleston responded to a disturbance call at 100 Depot Hill Road in Cedar Grove around 10:00 P.M. Monday night and found 33 year old Anthony Williams was being treated by paramedics after being stabbed multiple times in the back and neck with a pair of scissors. Bryan A. Taylor, 24, of Charleston, was taken into custody on a charge of malicious wounding. Williams was transported to CAMC General.

Temporary Shut Downs At Mechel Operations

Russian mining company Mechel OAO has temporarily shut down some of its southern West Virginia operations. The Mechel Bluestone subsidiary says it's temporarily suspended operations at the Keystone, Justice Energy and Dynamic Energy mining complexes, while the Frontier mine in Wyoming County and the K-2, Red Fox and Coal Mountain washing plants will continue operating. Mechel officials say the layoffs are expected to last two or three months. Moscow-based Mechel bought Bluestone in 2009 from Jim Justice, the owner of The Greenbrier Resort.

Hunter Takes Fatal Fall

{Rock Castle, West Virginia}...Authorities say 53 year old Mark Allen Metz of Milton was bow hunting in the Rock Castle area of Jackson County Saturday when he fell 18 feet from a tree stand. Hoy Murphy of the Division of Natural Resources says fatal falls from tree stands outnumber accidental shooting deaths during the hunting seasons. The DNR recommends hunters wear a harness while in trees.

Charleston Man Pleads Guilty

{Charleston, West Virginia}...Tony Lee Holcomb of Charleston has pleaded guilty to stabbing 55 year old Gary Kirk at an apartment on Bigley Avenue on April 1st. Kirk was taken to Charleston Area Medical Center after being stabbed multiple times in the throat and upper body. Holcomb was indicted on attempted murder and malicious wounding, but, in exchange for his guilty plea, prosecutors said the state would dismiss the attempted murder charge and not seek an enhanced penalty based on Holcomb's prior felony record. The plea agreement also requires Holcomb to make restitution to the victim. Holcomb faces two to 10 years in prison when sentenced December 7th.

Trial Delayed In Officer Attack

{Charleston, West Virginia}...The trial for 31 year old Travis Eugene Lattea of Scott Depot has been delayed until March 4th. Lattea is charged with first-degree robbery after he allegedly attacked off-duty South Charleston Police Officer Matt Holly while he was eating at Quaker Steak & Lube restaurant at Southridge Centre on March 23, 2010. Police say Lattea came up behind Holly just before midnight and hit him on the back of the head, knocking him unconscious, and fled with his personal gun, badge and wallet.

Website Posts Lead To Extra Security

{Winfield, West Virginia}...Security was high at Winfield Middle School Monday morning after threats to bring a gun or a bomb to the school were posted on social media websites during the weekend. Three Winfield Police Officers were at the school with a police dog. Winfield Police Chief says a 13 year old male student, who had been bullied for about one year, had threatened to retaliate against other students, but only about 30 percent of the posts were accurate. Perrine says the boy was searched when he exited the school bus and no weapons were found. Perrine says the boy didn't have the means nor the intellect to build a bomb or the means to get a weapon.

Man Allegedly Attacks Deputy

{Rand, West Virginia}...Lawrence P. Richmond, 47, of Rand, was arrested Saturday after he attacked Deputy R.D. Meadows after Meadows responded to a call about a female who had possibly overdosed at a home on Raven Drive. When Deputy Meadows arrived, Richmond told him the woman had not taken any medication. When Meadows asked to see the woman, Richmond became belligerent and began yelling. Meadows found the woman slumped over in a chair and appearing to come in and out of consciousness. Paramedics were called to the scene, and as they left with the woman, Richmond tried to strike Meadows, who diverted the attack. Richmond then attempted a tackle maneuver, and Meadows used a taser to stop him.

Human Remains Found

{Ona, West Virginia}...Cabell County Sheriff's deputies and the FBI are investigating after human remains were found near Wire Branch Road in Ona Sunday. A resident of Wire Branch Road called Cabell County Sheriff Tom McComas after he found what he believed was a human skull while surveying his property                just before noon.

Jogger Killed

{Frazier's Bottom, West Virginia}...Police say 60 year old John Arthur was jogging along the road in Frazier's Bottom in Putnam County just after 6:30 A.M. Sunday morning when he tried to cross WV Rt. 817 and was hit by a vehicle. He was pronounced dead at the scene.

Stolen Property Found During Bust

{Gilbert, West Virginia}...Mingo County Sheriffs Deputies and Gilbert Police are investigating a drug bust that occurred late Friday night at a home in the Baisden area of Mingo County, just outside the city limits of Gilbert. Officers found over $100,000 in drugs and stolen property. Sgt. Salmon with the Gilbert Police Department says police sent an informant to the door of the residence, wearing a recording device, while officers stayed outside waiting for a signal that a transaction had taken place. Once the informant signaled police that he had been able to buy pills from the suspect, police got a search warrant and went inside the house, where they found items including over 90 guns, at least 21 reported stolen, a large amount of drugs, including Oxycontin and Hydrocodone. They also found three stolen vehicles, a stolen ATV, a stolen motorcycle and over a half dozen stolen lawn mowers. Tommy Mounts was arrested and taken to Mingo County Magistrate Court, where the charges were dismissed. Investigators plan to refile the charges Monday.

Man Charged With Robbery And Kidnapping

{Huntington, West Virginia}...Huntington Police arrested 29 year old Brandon Spurlock and charged him with robbery and kidnapping. Police say, around 8:45 A.M. Saturday morning, Spurlock approached a woman at her home on 6th Avenue, forced her back into her car at knifepoint then made her drive him to several ATM's in the area and forced her to withdraw cash.

Man Charged With Sexual Assault

{Charleston, West Virginia}...Charleston Police have arrested 63 year old Albert Lacey and charged him with three counts of first degree sexual assault after he allegedly sexually assaulted an 8 year old boy. Police say the victim told them that, while he and his aunt were living with Lacey in his Kent Street home, Lacey would come into his room while he was sleeping and force him to have sex with him.

Police Chase Leads To Arrest

{Charleston, West Virginia}...Charleston Police say they pulled over Rahshed Scott of North Carolina in the west bound lanes of I-64 early Saturday morning for speeding, but, when officers approached his car, he took off, leading a chase through Charleston before he abandoned the vehicle and fled on foot. Officers say the car Scott was driving had been stolen out of Raleigh, North Carolina. Scott is charged with fleeing and receiving or transferring a stolen vehicle.        

Norfolk Southern Announces Layoffs

Bluefield, West Virginia}...Norfolk Southern in Bluefield confirmed Friday that 200 engineers and conductors have been laid off. The company said the affected employees are from the Pocahontas Division, which includes much of southern West Virginia and western Virginia. The company blames the layoffs on poor market conditions and a slowdown in coal shipments. All affected employees were offered jobs in locations throughout the eastern United States.

Two Charged With Breaking Into School

{Pinch, West Virginia}...Larry Allen Boner, 18, and 23 year old Cody Alan Fields were each charged Friday with grand larceny and two counts of breaking and entering. Police say they broke into Pinch Elementary School twice this month, on October 10th to steal a laptop, prescription pills and food, and then again Thursday to take hot dogs, hamburgers and yogurt, but fled empty-handed when a deputy arrived. Police say the men confessed Friday and returned the laptop to investigators.

Poca Man Sentenced

{Winfield, West Virginia}...William Burt Shingleton, 45, of Poca, was sentenced Friday to 20 years in prison after being found guilty in June of 20 counts of possessing material visually portraying a minor engaged in sexually explicit conduct. Police seized Shingleton's computer in April 2010 after Shingleton's brother-in-law gave police a thumb drive, which his daughter had discovered contained pornographic images.

Lawsuits Focus On Mountaintop Removal

Two new lawsuits, one filed in Huntington, West Virginia and one in Louisville, Kentucky, by the Ohio Valley Environmental Coalition and other groups allege the federal Army Corps of Engineers failed to consider the impact on people living near mountaintop removal operations when it issued permits to Raven Crest Contracting's Boone North No. 5 Surface Mine near Peytona in Boone County and Leeco Inc.'s Stacy Branch operation along the Knott-Perry County line in eastern Kentucky. The suits allege Corps officials did not include any human health analysis" when they approved the permits, ignoring citizen group comments pointing out a series of studies on the issue. In a previous case over an Alpha Natural Resources permit in Logan County, U.S. District Judge Robert C. Chambers refused to allow citizen groups to present testimony about the public health studies on mountaintop removal.

Prison Release Denied

{Madison, West Virginia}...Brandon Poe was in Boone County Circuit Court Thursday, hoping to persuade a judge to release him from prison. In 2005, then 17 year old Poe was arrested after police say he shot his uncle, Billy Hastings, in the face and then turning the gun on police. He also robbed two people at gunpoint, stole several cars, set a car on fire, and shot at police six times. But in court on Thursday, Hastings pleaded for his nephew's release from prison. Judge William Thompson ordered him back to prison. Poe will be eligible for parole in 2018.

Girl Charged With Robbery

{Charleston, West Virginia}...Police arrested an underage girl Thursday afternoon. The girl is accused of taking a gun into the Exxon One Stop on Lee Street West in Charleston around 10:30 P.M. Wednesday and demanding money. Police say the girl told them she is homeless and was desperate.

Cross Lanes Man Sentenced

{Charleston, West Virginia}...Thursday, Kanawha Circuit Judge Duke Bloom sentenced 35 year old  William Daniel Boggess of Cross Lanes to a 10 to 20 year sentence and a five to 15 year sentence to be served consecutively. Boggess was convicted of having oral sex with an underage girl and taking pornographic pictures of her. The girl’s mother called police when she discovered nude photographs of her daughter on a camera memory stick. Boggess must also register as a sex offender and remain under supervision for an additional 50 years.

Pay Raise Ordered For Psychiatric Hospital Workers

{Charleston, West Virginia}...Kanawha Circuit Judge Duke Bloom has ordered the state Department of Health and Human Resources to give raises to staffers at William R. Sharpe Jr. Hospital in Weston and Mildred Mitchell-Bateman Hospital in Huntington, two state-run psychiatric hospitals. According to testimony and evidence presented Wednesday in Kanawha County Circuit Court, the Department of Health and Human Resources spends millions of dollars on overtime at the hospitals and asks staffers to work 16-hour shifts on consecutive days. Workers say there are not enough workers so those who do work are suffering. Patient advocates and union officials say the shortages exist because the state is underpaying its workers, and the shortages are causing patients to suffer from lower quality care. Bateman CEO Vickie Jones says DHHR failed to comply with a 2009 court order that required the department to give more than $500,000 in raises to staffers who work with psychiatric patients.

Motion To Dismiss Discrimination Lawsuit

{Charleston, West Virginia}...Kanawha Circuit Court Judge Carrie Webster is expected to rule on a motion to throw out a lawsuit against the Bob Burdette Center by Monday. Thirty-four year old Jessica A. Hudson of Charleston alleges the center's board of directors hired her as executive director in the summer of 2011, but a few days after she accepted the position and turned in her two-week notice to her previous employer, two board members called to tell her the offer had been rescinded. Webster claims the offer was rescinded because they believed she was a lesbian. Bob Burdette Center attorney David Mincer says she was fired because she misled board members in her resume and during the interview, stating she had attended classes at Concord University, leading them to believe she had received a degree from the institution, and although she attended classes there, she did not graduate. Mincer also argued Hudson had stated she was chairwoman of a professional committee with the Charleston Area Alliance, which was untrue. Rick Brown, Hudson's attorney, says she had never been asked if she received a degree from the university, and she didn't know a degree was required until right before her interview when she was handed a job description.

Fatal Accident In Boone County

{Danville, West Virginia}...Boone County Deputies say Andrew Hale lost control of his pick-up truck on U.S. Route 119 near Danville, in Boone County, around 10:00 A.M. Wednesday morning, causing the truck to flip twice, ejecting Hale and his passenger Danny Hatfield. Hatfield was pronounced dead at the scene, and Hale was flown to Charleston Area Medical Center. Deputies believe Hale may have fallen asleep behind the wheel. The wreck is the second fatal accident in Boone County this week. A man died Monday night when his vehicle collided with a large truck along Route 3 on Drawdy Mountain.

Man Charged With Toddler's Death

{Amherstdale, West Virginia}...West Virginia State Police have arrested 25 year old Nicholas Turkale of Amherstdale, in Logan County, and charged him with child neglect resulting in death and murder. Police say his girlfriend's two year old son died Wednesday after being taken to CAMC Monday with a head injury. Turkale and the child's mother originally told hospital workers the child fell off of a sink and hit his head, but investigators say the child's injuries were inconsistent with a fall or accident. They believe the child died from blunt force trauma to the head.

Gas Firm To Pay Thousands

{Logan, West Virginia}...A Logan County jury ruled Tuesday that Equitable Production Co., a subsidiary of Pittsburgh-based EQT, and subcontractor General Pipeline were reckless when a bulldozer operator desecrated the Crystal Block Cemetery near Sarah Ann in 2004. General Pipeline shoved aside head stones and metal markers while building a road to a drilling site, but it says it was an innocent and unknowing entry. A lawsuit, filed in 2006 accused General Pipeline and Equitable of negligence, nuisance, trespass, desecration of grave sites and deliberate infliction of emotional distress. General Pipeline has been ordered to pay $700,000 in damages.

WV Supreme Court Considers MSHA Lawsuit

{Charleston, West Virginia}...The West Virginia Supreme Court held a hearing Wednesday in Charleston to attempt to determine whether the federal Mine Safety and Health Administration should be held personally liable for the 2006 fire at the Aracoma mine in Logan County that claimed the lives of Don Bragg and Elvis Hatfield. The 4th District U.S. Court of Appeals is considering the case filed by widows Delorice Bragg and Freda Hatfield. Attorney Bruce Stanley told justices they're only asking them to decide whether if a private person were to engage in the same malfeasance, nonfeasance, misfeasance, that the federal government engaged in would that private person be liable under West Virginia law? Stanley says MSHA turned a blind eye and invited the disaster. Federal government attorney Benjamin Kingsley argued MSHA was not operating like a private person in its relationship with the mine, and, although inspectors made mistakes, they weren't there to create a harm but to protect someone from that harm. He says Massey Energy was ultimately responsible. He told the Court limitless liability is a dangerous road. The 4th Circuit will now wait on the West Virginia High Court's answer before making a decision on the appeal from the widows. The lawsuit against MSHA was dismissed by U.S. District Judge John Copenhaver in July 2010.

Federal Inmate Sentenced

{Beckley, West Virginia}...Damon Ripley, 43, an inmate at the Federal Correctional Institution in Beckley, has been sentenced to a year and a half in prison for illegally possessing a weapon. Ripley was found on March 8th to be in possession of a homemade knife, commonly called a “shank.” Ripley admitted the weapon contained a sharpened piece of metal, and that he tore a pillowcase and wrapped it around the opposite end of the sharpened metal to form a handle and that it was designed and intended to be used as a weapon.

Alpha Natural Resources Files Appeal

Alpha Natural Resources is appealing a September 28th ruling by the National Labor Relations Board against former Mammoth Coal Company. The ruling stated that Massey Energy and Mammoth violated the law by selecting to hire only nonunion workers after it purchased a Kanawha County coal mine from Horizon Natural Resources Co. after Horizon filed for bankruptcy in 2004. The NLRB ordered the companies to offer employment to 85 former employees and pay them for lost earnings, recognize the union and bargain with it upon request, as well as restore former employment conditions.

Woman Gets Probation

{Huntington, West Virginia}...Cynthia Gibson, a former employee of All-In-One, a Huntington convenience store, will spend three years on probation for participating in a food stamp scheme. U.S. District Judge Robert C. Chambers also ordered Gibson to pay $19,350 in restitution. Gibson pleaded guilty in July. Prosecutors say she and two co-defendants illegally redeemed about $127,000 worth of food stamp benefits at the store between June 2010 and February 2012. Former store manager Stephanie Pauley received four years on probation in September. The store's former owner, Abe Eloirzazi, is awaiting sentencing.

Man Sentenced For Sexual Abuse

{Charleston, West Virginia}...Wednesday, Kanawha Circuit Judge Duke Bloom sentenced Justin Hamrick to no less than 11 and no more than 30 years in prison after he pleaded guilty in September to second-degree sexual assault. Prosecutors say Hamrick admitted to sexually abusing a then 9 year old girl at the Pine Valley Trailer Park in Sissonville in 2011. Hamrick also will be required to register as a sex offender.

Tomblin Seeks Additional FEMA Assistance

{Charleston, West Virginia}...Governor Earl Ray Tomblin has officially asked FEMA to extend the original federal individual assistance declaration to 20 additional counties following the June 29th derecho. The original declaration included Kanawha, Fayette, Nicholas and Raleigh counties. Tomblin's request follows phone calls made to FEMA by residents living in the 20 counties along with some damage assessment visits. The 20 counties include: Boone, Cabell, Clay, Greenbrier, Harrison, Jackson, Lincoln, Mason, McDowell, Mercer, Mingo, Monroe, Pocahontas, Putnam, Randolph, Roane, Tyler, Webster, Wetzel and Wood. Residents who live in Kanawha, Nicholas, Fayette and Raleigh counties have until October 22nd to file a claim for Disaster Unemployment Assistance through FEMA.

Former Princeton Police Officer Pleads Guilty

{Charleston, West Virginia}...Former Princeton Police Officer  27 year old Christopher Winkler pleaded guilty Tuesday to one felony count of solicitation of bribery. Police say Winkler was on duty and in uniform when he met a 17 year old boy in the parking lot of a Princeton supermarket on March 1, 2011 and tried to get the boy to perform oral sex on him to pay off a debt owed by the boy. According to a criminal complaint filed in Mercer County Magistrate Court, Winkler threatened to file felony charges against the teenager, saying it would prevent the juvenile from getting a job and ruin the rest of his life, and, if he performed oral sex, he wouldn't call state Child Protective Services on the teen's mother. Winkler will be sentenced December 10th.

Man Charged With Grand Larceny

{Saint Albans, West Virginia}...Charleston Police arrested 24 year old Brent Edward Prouse on Holley Street in Saint Albans around 4:35 P.M. Tuesday and charged him with grand larceny. Police say an elderly woman was walking to her car in the CAMC General parking garage Friday, October 12th, when Prouse demanded her keys and cash and fled in her vehicle. The stolen vehicle was recovered about 1:45 A.M. Tuesday in the parking lot of Saint Francis School.

Family Arrested On Drug Charges

{Fort Gay, West Virginia}...Sixty-eight year old David Claude Bartram Sr., 61 year old Mary Lynne Bartram and 39 year old David Claude Bartram Jr., all from Trace Branch Road in Fort Gay, were arrested Sunday on drug charges after investigators say they traded pain pills and information for electronics and other property. Each is charged charged with six counts of possession with intent to deliver a controlled substance. Deputies raided their home and seized several Oxycodone pills, about $7,400 cash, 38 assorted firearms, assorted food stamp cards from Kentucky, clothing vouchers, computers, drug ledgers, pain clinic contacts in Georgia, assorted records of drug runners and various ID cards. Deputies say at least two of the weapons were stolen.

Fatal Accident In Boone County

Boone County Deputies say 53 year old Daniel Chafin of Ridgeview was killed when his pickup truck crossed the center line and hit a tractor trailer on Route 3 at Drawdy Mountain just before 11:00 P.M. Monday night. Deputies don't believe drugs or alcohol were involved.

Woman Accused Of Beating Friend

{Winfield, West Virginia}...Rebecca Ann Gibson, 30, of Winfield, was arrested Monday and charged with battery, armed robbery and destruction of property after she allegedly beat up and robbed her friend, Andrea Harris of Charleston, who refused to let her borrow money. Police say Harris begged her friend to let her leave, but Gibson continued attacking her and finally stopped after reaching into Harris' pocket and taking $167 and her cell phone.

Absentee Ballots Cast

{Charleston, West Virginia}...Early voting in West Virginia's November 6th general election begins Wednesday, October 24th. West Virginia closed its voter rolls Tuesday, with initial figures showing just over 3,600 absentee ballots cast. Though Republicans account for less than 28 percent of the state's voters, they cast more than 38 percent of the absentee ballots. Just over half came from Democrats, who represent just over half of the registered voters. One member of the Mountain Party voted in Morgan County.

Miner Retraining Offered

{Charleston, West Virginia}...WorkForce West Virginia says coal miners who were laid off after March 1st who received a federal Worker Adjustment and Retraining Notification, or WARN notice, may be eligible to benefit from a national emergency grant to the state. Eligible participants can get as much as $5,000 for classroom education to train for in-demand jobs outside the coal mining industry. Informational sessions are set for 2:00 P.M. to 7:00 P.M. Tuesday at Southern West Virginia Community and Technical College in Logan, 2:00 P.M. to 7:00 P.M. Wednesday at Bridgemont Community and Technical College in Montgomery and 2:00 P.M. to 7:00 P.M. Thursday at New River Community and Technical College in Ghent.

WV Coal Operators And Employees Indicted

{Abingdon, Virginia}...In an indictment announced Monday in Abingdon, five West Virginia coal operators and employees have been charged with conspiracy, wire fraud and fraudulent currency transactions in an alleged $10 million check cashing scheme that involved kickbacks and fraudulent currency transactions. Each could face up to 50 years in prison and fines totaling $1.5 million if convicted on all counts. The indictment alleges 75 year old J.D. "Dot" McReynolds of Tazewell, Virginia, the owner of mining supply companies and a trucking company with operations in both states, and his associates provided cash and fraudulent invoices to the coal operations in exchange for a 10 percent fee, and the coal operators would use the cash obtained in the scheme to pay their workers to avoid paying taxes or to cloak a worker's employment. McReynolds has already pleaded guilty to felony charges. The U.S. attorney's office and Internal Revenue System investigators say the indictments are in addition to pleas already entered by 16 defendants from Virginia and West Virginia in a complex conspiracy from 2007 through February 2011. Each of the 16 defendants face up to five years in prison and fines of $250,000.

Logan County Confinement Officer Found Guilty

{Charleston, West Virginia}...A federal jury has awarded $275,000 to April Tomblin Chafin after finding that Logan County home confinement officer, 73 year old John Phillip Reed, forced her to have oral sex with him several times while she was awaiting trial on criminal charges in 2009. Chafin was awarded $125,000 after Reed was found guilty of intentional infliction of emotional distress. The jury also found that Logan County officials failed to properly train Reed and levied a $125,000 penalty on the County Commission along with an extra $25,000 in punitive damages.

Woman Found Dead

{Charleston, West Virginia}...Kanawha County Sheriff's Deputies are investigating after 53 year old Julia Hughes of South Charleston was found dead in a wooded area off Myrtle Tree Road in South Charleston around 8:00 A.M. Monday morning. Investigators say it appears the woman was burning charcoal for heat in an enclosed tent. A friend of the woman told police she saw her on Friday and that she told the woman she was leaving the area for a few days but would return Monday to pick her up. The woman says, when she returned Monday, the woman was dead.

Man Pleads Guilty To Murder For Hire

{Charleston, West Virginia}...Brent Boggs of Clay County pleaded guilty Monday to murder for hire. Police say Boggs offered two undercover West Virginia State Troopers cash and gifts to kill Daniel Kessler, a businessman from Kanawha County, in 2011. Boggs was a colleague of Kessler's. He will be sentenced November 19th. 

Plea Deal In Huntington Shooting

{Huntington, West Virginia}...Reginald Marbury accepted a plea deal Monday and entered a Kennedy plea to a lesser offense of malicious wounding after originally being charged with attempted murder. Prosecutors say Marbury was involved in the shooting of Sontezz Lomax at Club Babylon in Huntington in November 2009. Following the plea, he was sentenced to 2-10 years in prison.

Woman Accused Of Bank Robbery

{Glasgow, West Virginia}...Police say 37 year old Jennifer Lee Garretson robbed the City National Bank in Glasgow. Police arrested her Saturday and charged her with first degree armed robbery. Her husband, 39 year old Gary Garretson, is charged as an accessory to the crime. He is accused of driving the get-away vehicle after Jennifer walked into the bank about 2:00 P.M. Friday afternoon, slipped a teller a note stating she was armed and demanded money. Police found the stolen cash in a clothing box in Garretson's home in Shrewsbury.

Gaming Parlor Robbed

{Nitro, West Virginia}...The Nitro Police Department is investigating after Jolie's, a video gaming parlor on Main Avenue in Nitro, was robbed around 7:40 P.M. Sunday evening. Officers say no weapons were used and the suspect was seen driving off in a dark colored Jeep.

Natural Gas Rates To Go Down

{Charleston, West Virginia}...Friday, the Public Service Commission ordered natural gas utilities to lower the purchased gas portion of their rates for the upcoming heating season. The lower interim rates will go into effect on November 1st, and final rates will be set in early 2013. The rate is based on the amount the gas companies pay their suppliers. Natural gas utilities could file for exceptions to the ruling.

Man Competent To Stand Trial

{Charleston, West Virginia}...Kanawha Circuit Judge Duke Bloom ruled Friday that Charles March is competent to stand trial for killing Kathy Goble of Charleston, who went missing in April 2010. The two worked together at Kelley’s Men’s Shop in Charleston. Police say March confessed in April to strangling Goble, dismembering her body in a bathtub and burying her remains in the yard of his home on Ohio Avenue in Chesapeake. The remains were found in May 2012. March was wheeled into court Friday on a gurney. He also appeared in court in mid-August on a gurney. He tried to commit suicide in August at the South Central Regional Jail by jumping from a second tier of the commons area.

Charleston Man Stabbed

{Charleston, West Virginia}...Charleston Police responded to a domestic battery call on Randolph Street in Charleston shortly after 3:30 A.M. Saturday morning. Police say 46 year old Jeffery Brock's girlfriend stabbed him in the back twice after he allegedly beat and chocked her. Brock is listed in serious condition at CAMC. He will be charged with domestic battery. Police say the girlfriend acted in self defense and will not be charged.

Woman To Plead Guilty To Sex Charges

{Winfield, West Virginia}...Summer Burford of Winfield was arrested last November and charged with six counts of sexual assault and six counts of sexual abuse after the father of a 14 year old boy found her and his son locked in a bedroom at her home. While in court Friday, Burford told the judge she wanted to plead guilty, and a plea hearing was set for October 26th.

Teen Rejects Plea Deal

{Huntington, West Virginia}...The trial for 19 year old Stewart Jordan is set for next month after he rejected a plea deal Friday morning in Cabell County Circuit Court that would allow him to plead guilty to voluntary manslaughter with a 15 year sentence. Jordan would have been required to serve 71/2 years of that sentence. Prosecutors say Jordan and 19 year old Rajion Mayo fatally shot 48 year old Mark Lowry as he sat in his vehicle in an alley adjacent to the 1600-block of 11th Avenue in July 2011. Lowry’s wife and 19 year old stepson were also in the vehicle but were not hurt. In September 2011, Mayo pleaded guilty to second-degree murder and first-degree robbery and was sentenced to 20 years on the robbery charge and 30 years on the murder charge to be served consecutively. The robbery conviction is not related to the murder, but the robbery of a couple pushing their child in a stroller near the gazebo in Ritter Park in March 2010.