Wednesday, February 29, 2012

University Cooperating In Federal Investigation

  • {Morgantown, West Virginia}...Wheeling Jesuit University officials said Wednesday they are cooperating with federal investigators who seized records from the offices of J. Davitt McAteer, the school's vice president for federally sponsored research programs, on February 15th. From 1992 to 2000, McAteer was head of the federal Mine Safety and Health Administration, and he has been a vocal critic of the coal mining industry since leaving. McAteer has also led independent investigations into the 2006 Sago Mine explosion that trapped and killed 12 men, the 2006 Alma No. 1 mine fire that killed two men and the 2010 Upper Big Branch explosion, which killed 29. Earlier in his career, McAteer teamed with Ralph Nader to push mine-safety reform, and he helped the United Mine Workers revitalize its health and safety department. McAteer has also authored a book on the Monongah mine explosion, which killed hundreds of men and boys in north-central West Virginia in 1907.

Charleston Man Charged With Burglary

  • {Charleston, West Virginia}...Charleston Police arrested Thomas Burton Lloyd, 24, of Longridge Road, Tuesday and charged him with two burglaries and two counts of breaking and entering in connection to a recent rash of burglaries in the South Hills area of Charleston. Police say stolen items have been recovered from Burton's home.

Lincoln County Man Allegedly Threatens Investigators

  • {Lincoln, West Virginia}...James Matheny, 61, of Midkiff, in Lincoln County, was arrested Tuesday at his home after officials with the Federal Bureau of Investigation and the Secretary of State's Office say he threatened a federal and a state election fraud investigator with a gun. At the time, the two were trying to talk with Matheny about the 2010 Primary Election voter fraud case in Lincoln County. Matheny, who made an initial court appearance Wednesday in Charleston, has a preliminary and detention hearing set for Friday. He's charged with assaulting a federal officer with a deadly weapon. Federal investigators say Lincoln County Sheriff Jerry Bowman, former Lincoln County Clerk Donald Whitten and an unidentified third person, believed to be Lincoln County Commissioner Thomas Ramey Jr., tried to fix the outcomes of local races by illegally manipulating absentee votes. Bowman and Whitten are scheduled to plead guilty in connection with the vote fraud case next week.

Search For Missing Lewis County Girl Continues

{Weston, West Virginia}...Volunteers searching for 3 year old Aliayah Lunsford, who went missing from her Bendale home in Lewis County September 24, 2011, are focusing on a dam near the child's home. A dive team searched the water near the Bendale Dam Tuesday after members of a group called Aliayah's Army reported finding something suspicious with an underwater camera. Volunteers called off the search until later this week due to inclement weather.

Mom Charged With Child Neglect

{Huntington, West Virginia}...Last Friday, Cabell County Deputies went to a house on Green Valley Road in Huntington while investigating stolen property. Deputies say they found several grams of marijuana near where three young children were sleeping in bad conditions. Deputies also found pill residue, a knife and beer bottles in a bathroom the kids had access to. Deputies recovered $6000 worth of stolen property at the house. They arrested Anthony Gue, 20, of Lesage, Ricky Thomas, 20, and Jeremy Thomas, 20, both of Huntington. Tuesday, deputies arrested 20 year old Laura Gue of Huntington on a charge of child neglect creating risk of injury.

Stover Sentenced To Three Years

{Beckley, West Virginia}...In Beckley Federal Court Wednesday, U.S. District Judge Irene Berger sentenced Hughie Elbert Stover, a former Upper Big Branch Mine security chief, to three years in prison, two years supervised release and a fine of $20,000. Stover was convicted of lying to investigators and ordering a subordinate to destroy thousands of security-related documents at the Upper Big Branch mine following the explosion. U.S. Attorney Booth Goodwin wanted Stover to spend 25 years in prison for his actions that he says contributed to the April 2010 explosion that killed 29 coal miners at UBB. But federal sentencing guidelines called for a total sentence of about three years for both crimes. Stover's attorney claims Stover has been unfairly blamed for the UBB disaster.

Tuesday, February 28, 2012

Charleston Shooting Believed To Be Drug-Related

  • {Charleston, West Virginia}...Gabrielle Gonzales, 23, of New York City, is in stable condition at Charleston Area Medical Center after being shot twice in the back of the head around 9:30 P.M. Monday night while staying at a residence on 4th Avenue on Charleston's West Side. Police found a large amount of cash, cocaine and a firearm at the residence. Charleston Police Department Sgt. Bobby Eggleton says he's very confident the shooting happened during a drug-related robbery.

Alleged Burglar Caught With Stolen TV

  • {Huntington, West Virginia}...Monday night, Huntington Police responded to a report of two men trying to break into a home on Norway Avenue. When police arrived at the house, the would-be burglars were gone. During a search of the neighborhood, police spotted 25 year old Farnia Harvey and another man carrying a large flat screen TV through Marcum Terrace. When police tried to talk to them, the other man ran. Officers found a Netflix card on Harvey which led them to a home near St. Louis Avenue and Olive Street where, while police were processing the scene, the victim came home. Harvey was charged with attempted burglary, burglary and grand larceny.

House Passes Mine Safety Bill

{Charleston, West Virginia}...House of Delegates Speaker Rick Thompson made his first speech from the House floor in seven years Tuesday to promote passage of mine safety legislation. The bill passed 95-0. The House approved bill has a number of new requirements including more responsibility for a mine superintendent to check safety books, a provision that would make it illegal to tip-off mine officials about a pending safety inspection and provisions to keep coal dust down with more rock dust. Delagate Mike Caputo, D-Marion and a longtime member of the United Mine Workers Union, told delegates what happened at UBB was "akin to organized crime." Caputo says he won't be satisfied until former Massey Energy President and CEO Don Blankenship is "hauled off in shackles" for the murders of the 29 UBB miners. Caputo said he believes the bill will save lives because it will hold mine operators accountable.
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Sentencing Delayed In Deadly Fugitive Case

{Elkins, West Virginia}...U.S. District Judge Joseph R. Goodwin has pushed back the sentencing of Cassandra Smith, Sherry Lou White and Anthony Lambert to May 3rd in Elkins. Their sentencing had been set for Wednesday. Prosecutors say they all lied to federal agents seeking fugitive Charles Smith, who was married to Sherry Lou White. Smith and U.S. Marshal Derek Hotsinpiller both died in a February 2011 gun battle. White, Smith and Lambert each face up to five years in prison.

Charleston Man Gets Home Confinement

{Charleston, West Virginia}...Tuesday, Justin Tyler Robbins, 18, of Charleston, was given a two-year jail sentence, but Kanawha County Circuit Judge Tod Kaufman suspended that, allowing him to serve two years on home confinement. Robbins pleaded guilty earlier this month to three counts of wanton endangerment after police say he fired an automatic AK-47 assault rifle at the 7-Eleven on East Washington Street, near the state Capital complex last year. Robbins has spent five months on home confinement since his arrest in August, and he will receive credit for that time. Kaufman also ordered Robbins to make monthly payments to 7-Eleven to pay for a damaged window, which cost the business $1,500.

Former Elkins Middle School Teacher Re-Indicted

{Elkins, West Virginia}...Former Elkins Middle School teacher 29 year old Autumn Rae Faulkner of Beverly has been re-indicted after charges that she sexually abused a student have been dismissed twice. Faulkner is charged with three counts of third-degree sexual assault and three counts of sexual abuse by a custodian or person in a position of trust involving a male student who was 15 at the time. Circuit Judge Jaymie Godwin Wilfong dismissed charges against Faulkner last summer because prosecutors failed to provide evidence to the defense, and Wilfong had dismissed the case about six months earlier after determining a member of the grand jury had prior knowledge of the allegations.

Monday, February 27, 2012

New Trial For Former UBB Security Chief Denied

  • {Charleston, West Virginia}...Monday, U.S. District Judge Irene Berger denied a defense request for a new trial for former Upper Big Branch security chief Hughie Elbert Stover. Sentencing will be held Wednesday in federal court in Beckley. Stover was convicted in October of lying to investigators and ordering a subordinate to destroy thousands of documents after the April 2010 explosion that killed 29 men.

Meth Bust At Rustic Motel

  • {Jefferson, West Virginia}...Sunday evening, Dunbar Police pulled over Derrick Walker and Jennifer Chapman, two suspects in a Family Dollar Store shoplifting. Inside their car, police found meth making materials in a backpack, along with a hotel key to a room at the Rustic Motel in Jefferson. Dunbar Police arrested Walker and Chapman and charged them with shoplifting and operating or attempting to operate a meth lab. Dunbar Police handed the case over to the Kanawha County Sheriff’s Department whose deputies got a warrant and searched the hotel room. Deputies found Sandy Gladue inside the room, along with materials to make meth. Two three-month-old boys, along with their mother, were living in a room next door. Gladue was arrested and charged with operating a meth lab and exposing children to a meth lab. Monday, deputies found another mobile meth lab behind the motel, and the main structure, the managers' office and 11 units were sealed.

Murder Trial Delayed

  • {Charleston, West Virginia}...The trial for Marcus Dewayne Wesley was delayed until June 25th after defense attorney Ed Rebrook requested a postponement in Kanawha Circuit Court Monday, and Circuit Judge Charles King agreed. Assistant Prosecutor Don Morris did not object to the delay, telling the judge one witness had to be brought in from California. Michael Mandrell Johnson, 20, of Marmet, and Wesley, 25, of Renaissance Circle, were indicted late last year for the shooting death of 17 year old Leland Chace Miller, who was shot near his Lewis Street home in 2007. Johnson, who was a juvenile at the time of the murder, was sentenced to ten years in prison at his plea hearing Friday.

Mardis Gras Casino Challenging Tax Figures

{Cross Lanes, West Virginia}...Officials at the Mardis Gras Casino in Cross Lanes believe the assessor’s office has over valued the resort's property by six-million dollars for tax purposes, and they are challenging the Assessor's Office figures. Due to a new state law, they have until October to settle the matter. Kanawha County Commissioner Dave Hardy says, until this year, it had to be finished in February. The tax in question represents several hundred thousand dollars to county coffers, but a much larger chunk of the money goes to the school board and the state Department of Education. Hardy says the amount in question will be on what taxes the casino pays in the future and will not impact this year's tax collection.

Charges Against Pharmacy Owner Dismissed

{Huntington, West Virginia}...A preliminary hearing for Wendall Kent Freeman, 53, of South Point, the owner of SafeScript Pharmacy in Huntington, was canceled Monday after the state charge against him was dismissed. Huntington Police arrested Freeman on February 6th and charged him with felony possession with intent to deliver. SafeScript Pharmacy is under federal investigation after agents seized 37 boxes of documents, two computer hard drives, an electronic tablet and a log book on February 9th. According to the affidavit, part of the investigation surrounds the whereabouts of 183,000 doses of Hydrocodone.

Delegates Pass Mine Safety Bill

{Charleston, West Virginia}...Governor Earl Ray Tomblin, legislative leaders and representatives of the coal industry and the United Mine Workers Union have agreed on legislation designed to make coal mines safer. Monday, the House of Delegates quickly passed the bill, and final passage in the House is expected Tuesday. The legislation toughens methane standards and rock dusting requirements in underground mines, increases the average penalty for underground violations from $3,000 to $5,000, makes it a felony to tip-off a mine when a safety inspector arrives, requires that every two weeks the mine superintendent must review and sign off on daily safety reports by the mine foreman and fire boss, requires drug testing for all certified coal miners, as well as others in safety-sensitive positions at the mine and permits families of victims of fatal accidents to choose whoever they want to represent them during investigative hearings.

Sunday, February 26, 2012

Burglar Caught By Homeowner

  • {Huntington, West Virginia}...Huntington Police arrested James Keeney 46, of Huntington, Saturday night and charged him with burglary after he broke into a home on 9th Avenue. Police say the homeowner called a neighbor for help after she discovered things missing from her home. While the two were talking, Keeney returned to the home, where he was confronted by the homeowner who held him until police arrived. Investigators are attempting to determine if he's the same person who broke into an elderly woman's home in the same area last week.

Buffalo Creek Disaster Memorial Held

{Man, West Virginia}...On February 26, 1972, the Pittston Coal Co.'s dam system failed, sending 130 million gallons of water, sludge and debris through Buffalo Creek Hollow in Logan County. All told, 125 people were killed, 1,000 more were injured and 4,000 were left homeless. Saturday, survivors gathered at Man High School to commemorate the 40th anniversary of the disaster. Buffalo Creek Memorial organizer Billy Jack Dickerson read the names of those who died in the 1972 Buffalo Creek disaster, including Jesse Gunnells, age 1.

High School Student Facing Charges

{Wayne, West Virginia}...Damian Adkins, 18, a high school student at Wayne High School, was charged Friday with possession of a deadly weapon on school property and possession with intent to deliver. Deputy H Sowards III, of Wayne County Sheriff's Department Drug Enforcement Unit, says he got a call Friday that Adkins had a lock blade knife at school. A search for further weapons turned up a vial of pot and a note from another student saying he wanted to buy some.

Saturday, February 25, 2012

Man Pleads Guilty To First-Degree Robbery

  • {Charleston, West Virginia}...Friday, 58 year old John Columbus Beane pleaded guilty to two charges of first-degree robbery after attempting to rob Linda's Sports Bar and Husson's Pizza in Sissonville on November 7, 2011, using a .410 shotgun. The attempt at Husson's ended after the employees fled, and Beane could not open the store's electronic cash register. At Linda's, patrons wrestled the weapon from him, dragged him outside to the parking lot and beat him with the shotgun until it broke apart while they waited for police to arrive. Beane told Kanawha County Circuit Judge Duke Bloom that he was drunk when he attempted the robberies, and he did not remember many of the details. Beane faces a minimum of 20 years in prison if Judge Bloom decides to run the two charges consecutively.

Suspicious Fires In Nicholas County

  • {Summersville, West Virginia}...Fire officials in Nicholas County are investigating after they say four fires, all within the space of one hour, hit Friday morning. Maloney's Sports Bar, three buildings in Summersville and a fourth building in nearby Mt. Nebo sustained fire damage.  Anyone with any information about the fires is asked to call the state arson hotline at 1-800-233-FIRE.

Accident Injures Driver

{Ona, West Virginia}...A man was taken to St. Mary's Medical Center following a crash along U.S. 60 in Ona Friday night. Cabell County Sheriff's Deputies say it appears a pick up truck was traveling westbound near the Redman Bingo Hall when the driver lost control, the truck came off of the road, struck a utility pole and tipped over onto its side, ejecting the driver.

Point Pleasant Man... "American Idol" Semifinalist

{Point Pleasant, West Virginia}...Chase Likens of Point Pleasant, West Virginia is one of the semifinalists on "American Idol." His achievement was announced Thursday. The semifinalists were whittled down from more than 300 in the Hollywood rounds to 70 who performed twice in Las Vegas and then down to a group of 24. The 21-year-old Marshall University junior auditioned in Pittsburgh, singing Lady Antebellum's "Love Don't Live Here." Likens will perform live at 8:00 P.M. Tuesday on Fox.

Friday, February 24, 2012

Man Sentenced For Double Murder

  • {Union, West Virginia}...Seventy-one year old Gerald Richard Allison of Lindside was sentenced Thursday in Monroe County Circuit Court to life with mercy for the first-degree murder of his stepdaughter, 42 year old Melissa Burks-Wills, and to 40 years for the second-degree murder of his wife, 65 year old Dorothy Burks-Masters. The sentences are consecutive. Allison will be eligible for parole on the life sentence in 15 years. He must begin serving the other sentence if he's granted parole. Allison would be eligible for parole in 10 years on that sentence. Police say Allison shot the women at their home on January 21, 2011.

Man Sentenced For Murder

{Charleston, West Virginia}...Michael Johnson was sentenced Friday to 10 years in prison after he pleaded guilty to second-degree murder in the January 2007 shooting death of Chase Miller. The shooting occurred along Lewis Street on Charleston's east end. Prosecutors say Marcus Wesley ordered the murder. Wesley is scheduled to go on trial Monday.

Judge Approves Monsanto Settlement

{Winfield, West Virginia}...Friday, Putnam County Circuit Judge Derek Swope granted a preliminary approval of a settlement in the Monsanto case in which at least 5,000 current and former Nitro residents filed a lawsuit seeking medical monitoring, alleging a former Monsanto plant unsafely dispersed dioxin, exposing residential properties and streams to unsafe levels of the toxic chemical.  A program that will offer free cleaning of homes affected by the Monsanto chemicals will be given $9 million. Preliminary funds of $21 million will pay for medical testing, and if certain conditions are met, $63 million in additional funds will go for 30 years worth of medical screenings at a local hospital. Monsanto agreed to pay court-approved legal fees and litigation costs incurred by counsel for the past seven years. Swope scheduled a fairness hearing for June 18th to determine if any plaintiffs object to the proposed settlement. The former Monsanto plant's production of warfare chemical Agent Orange created dioxin as a toxic chemical byproduct. The plant operated between 1929 and 2004 in Nitro.

Thursday, February 23, 2012

Boone County Man Faces Murder Charge

  • {Winifrede, West Virginia}...John Edward Hudson, 38, of Ashford, in Boone County, appeared Thursday afternoon in court for a preliminary hearing before Magistrate Julie Yeager. Hudson was charged earlier this month with the murder of Michelle Lynn Gillispie, 39, of Winifrede. Kanawha Sheriff's Deputies responded to Gillispie's home the evening of January 30th after her boyfriend, Mark Southern, found her dead inside. Investigators found a single gunshot wound behind her left ear. Investigators say Hudson, who had been staying with Gillispie and Southern, stole several items from the home, including electronics and Gillispie's vehicle and fled. After speaking with detectives by phone, Hudson drove the vehicle to the sheriff's office for questioning and told detectives he shot Gillispie. Hudson claims the shooting was an accident.

Postal Service Plans WV Closings

  • {Charleston,  West Virginia}...The U.S. Postal Service announced plans Thursday to cease mail processing operations in four West Virginia cities. Mail processing operations in Bluefield and Parkersburg will be moved to Charleston. Operations in Clarksburg will be transferred to Charleston and Pittsburgh, and operations in Petersburg will be moved to Johnstown, Pennsylvania. The Postal Service says the consolidations are necessary because first-class mail volume has declined by 25 percent since 2006. Retail and business units won't be affected. A moratorium on postal closings and consolidations remains in effect until May 15th. The changes are awaiting pending rulemaking for a proposed revision of service standards.

Former Union President Sentenced

  • {Logan, West Virginia}...Freda Hensley, 67, of Logan, who served as president of Steelworkers Local Union 14505 from April 2004 through June 2010, was sentenced Thursday to five years probation by United States District Judge Thomas E. Johnston for embezzlement of union assets. Hensley pleaded guilty to a single-count information in August, admitting that, from August 21, 2008 through May 21, 2010, she wrote and cashed 52 pre-signed blank checks when she did not have the proper authorization to do so. Hensley admitted that 50 of the pre-signed blank checks were made payable to herself and the additional two were made out to her mother. The total amount of the checks was $38,539.68. Judge Johnston ordered that the first six months of Hensley's sentence be served on home confinement. She must also pay restitution in the amount of $36,489.68.

State UBB Report Released

  • {Beckley, West Virginia}...The state Office of Miner's Health, Safety, and Training released its findings of its probe into the April 5, 2010 Upper Big Branch Mine explosion to family members of the UBB victims Thursday morning in Beckley. State officials agree a spark at the face ignited a pocket of methane, and most agree the spark came when the teeth of the longwall cutting shearer struck rock in the face. The state's final report leaves open the slim chance those sparks could have been caused by falling rock. The methane, according to the state report, likely leaked out from the face and cracks in the mine floor. The state's investigation rejects the suggestion by Massey Energy that there was a sudden and large influx of methane all at once which was impossible to detect. The state report agrees with the findings of federal investigators, the UMWA, and the governor's independent panel that once the flash from the ignited methane reached coal dust in the mine's atmosphere the blast spread rapidly and violently to every corner of the mine, fueled by the uncollected coal on the ground and dust in the air. The state's report says foremen Ricky J. Foster and Terry W. Moore repeatedly failed to clean conveyor belts and apply rock dust to certain areas in the mine from December 2009 until the explosion.

Honduran National Awaits Deportation

Emir Fernando Bueso-Moreno, 21, of Honduras, entered a guilty plea Thursday before U.S. District Judge Thomas Johnston to illegally re-entering the United States. Bueso-Moreno was apprehended near Brownsville, Texas, in April 2008 and removed from this country by court order. He was found residing in the United States again in November when he applied for a work certificate with the state office. Bueso-Moreno, who has been in government custody since November 21st, was immediately sentenced to time served. He was handed over to Immigration agents to begin deportation proceedings.

Judge Questions Proposed Monsanto Settlement

{Winfield, West Virginia}...A West Virginia class-action pollution lawsuit against Monsanto Co. could be resolved before it goes to trial. There's a proposed settlement, but Judge Derek Swope, who has questions about it, has scheduled a hearing for Friday in Putnam County Circuit Court. Swope has sealed all documents pertaining to the proposed settlement. The lawsuit seeks medical monitoring for at least 5,000 current and former Nitro residents, and perhaps as many as 80,000, who allege a former Monsanto plant unsafely dispersed dioxin, exposing residential properties and streams to unsafe levels of the toxic chemical. During a court proceeding Thursday, Swope raised questions about several items, including a cleanup of residences. Swope said he had a problem with the man Monsanto suggested to administer the medical monitoring program, who Swope says is a former defense expert for the company.

Wednesday, February 22, 2012

North Carolina Man Charged In West Virginia Murder

  • {Jeffrey, West Virginia}...Boone County deputies say Brian Lee King, 38, of Ashboro, North Carolina, fatally stabbed Roy Gilliam III, 25, of Jeffrey, West Virginia early Wednesday morning. Investigators say King and Gilliam got into a fist fight along Hewett Creek Road in the Jeffrey community about 2:30 A.M. Gillam's girlfriend, Lori Stevenson, was at the scene along with King. At some point the fight escalated from fists to a knife and Gilliam was stabbed in his chest. He died at the scene. King was arraigned by a Boone County Magistrate Wednesday, and his bond was set at $200,000 cash only. He's lodged in the Southwestern Regional Jail in Logan.

Mason County Post Office Robbed

  • {Apple Grove, West Virginia}...Mason County Dispatchers got a call at 9:58 A.M. Wednesday morning of an armed robbery at the Apple Grove Post Office. Investigators say a man entered the building wearing a gray hoodie and jeans. He demanded money and then took off in an older model white car heading down Route 2 toward Huntington. Point Pleasant Intermediate, Point Pleasant Primary, Ashton Elementary, Beale Elementary and Hannan High School were placed on lockdown.

Former Teacher Sentenced

  • {Elizabeth, West Virginia}...Wirt County Circuit Court Judge Robert Waters sentenced 39 year old Christy Wilson Tuesday to serve 15 days in jail, perform up to 300 hours of community service and make restitution of almost $9,000 to the Wirt County Board of Education. Wilson pleaded guilty to embezzlement in December, admitting she took $3,600 from the Wirt County Band Boosters Club and used the money to pay bills. She was the club's treasurer at the time. Prosecutors say almost $9,000 was taken. Wilson was a teacher at the Wirt County Primary Center and was a softball coach. The school board fired her in January.

Man Charged In Deadly Hit And Run

  • {Elkview, West Virginia}...A second arrest has been made in a deadly hit and run which occurred in Kanawha County on January 27th. Kanawha County Sheriff’s Deputies charged 23 year old Grant Givens of Elkview Tuesday night as an accessory after the fact in the death of Dennis James. Last week, Givens' girlfriend, Lynsey Taylor, was arrested as the driver in the accident. James was struck near the Blue Creek Post Office on U.S. Route 119, and Deputies say Taylor sped away, and Givens repaired Taylor's car at a nearby body shop where he was employed.

Administration Secretary Resigns

{Charleston, West Virginia}...Wednesday, Robert Ferguson stepped down as secretary of the Department of Administration. Ferguson says recent press coverage critical of his advocacy on behalf of fellow veterans helped prompt his decision. Ferguson, a retired Marine officer, has frequently weighed in on which military deployments should count toward a public employee's retirement benefits. The department's component agencies include the state retirement board. Former Governor Joe Manchin appointed Ferguson to the post in January 2005.

Former Kanawha County Commissioner Dies

{Charleston, West Virginia}...Former Kanawha County Commissioner Doug Stump of Elkview died Tuesday evening at Charleston Area Medical Center at the age of 77. Stump was appointed commissioner of the DMV in December 2003 and served in that position until October 2005. Before that, Stump was a member of the state Parole Board. Stump was a member of the Kanawha County Commission from 1983-1988. He served as commission president in 1984, 1985, and 1988. State flags will be lowered on all county property and at all county agencies in Kanawha County in honor of Stump.

Upper Big Branch Mine Superintendent Faces Federal Charges

{Charleston, West Virginia}...Gary May, 43, of Bloomingrose, West Virginia, a mine superintendent, has been charged with conspiracy to impede MSHA's enforcement work at Massey's Upper Big Branch operation from February 2008 until April 5, 2010, the day of the fatal explosion which killed 29 workers.  May is named in a federal information with the US Attorney's office in Charleston. May, who began working at UBB in February 2008 as a mine foreman and was promoted to the mine superintendent in October 2010, had control over at least three room-and-pillar mining operations in preparation for longwall mining. Federal prosecutors allege May implemented a system within the UBB complex to send forewarning when federal mine inspectors arrived at the property, ordered the redirection of air flow into a section of the mine where dust samples were to be collected during an inspection, improving the sample beyond what would be normal air quality during a working shift, and,on occasion, order the mine's log to be altered so as to omit the reporting of any safety hazards noted during pre-shift inspections. Finally, the information charges a methane monitoring system on a continuous mining machine triggered a safety shutoff. Investigators say May ordered electricians to rewire the monitor to by-pass the safety switch.

Tuesday, February 21, 2012

Lester Will Stand Trial In Kanawha County

  • {Charleston, West Virginia}...Thirty-six year old Shawn Lester will stand trial in Kanawha County, despite his attorney's plea for a change of venue. Tuesday, Circuit Court Judge Louis Bloom denied a change of venue request for Lester, the man charged in the 2003 Charleston sniper killings. Gary Carrier, 44, was fatally shot August 10, 2003 while speaking on a pay phone on Charleston's West Side. Four days laterJeanie Patton, 31 was gunned down while pumping gas at a Campbell's Creek convenience store. Less than an hour after that killing, Okey Meadows, 26, was shot and killed making a purchase at the night window of a Cedar Grove convenience store. Lester was indicted last May. At a February 9th hearing, Lester's lawyers called a psychologist to testify about the effect news coverage would have on jury selection. Judge Bloom ruled the experts opinions were based on generalized research, not on the Lester case and that fear surrounding the case has died down in the years since the shootings. Bloom ruled  Lester's attorneys failed to produce any evidence that prejudice currently exists against Lester, let alone that prejudice currently exists against him which is so great he cannot receive a fair trial in Kanawha County.

Kanawha County Man Arrested

  • {Charleston, West Virginia}...Deputies arrested 54 year old Jackie Deusenberry at a home in the Blount area of Campbell's Creek Friday night and charged him with witness tampering and being a felon in possession of a firearm. Deputies found a .22 caliber rifle and a .223 caliber rifle, as well as a cache of ammunition after they went to the home to investigate a domestic violence call. Deusenberry was convicted as a felon in 1995, when he was convicted of attempted murder and malicious wounding.

Mine Safety Bill Stalls

  • {Charleston, West Virginia}...Talks will resume Wednesday at the State Capitol on part of a proposed comprehensive mine safety bill after several hours of negotiations Tuesday produced no compromise on a provision that deals with who can represent family members during future investigations into deadly mine accidents. Governor Earl Ray Tomblin says he thinks family members should be able to choose their own representatives, but those with the coal industry are trying to keep union representatives out of investigations involving accidents at non union mine operations. The disagreement held up the bill that had been on track to pick up approval from the full House of Delegates by Wednesday.

Pipe Blamed For Fatal Carbon Monoxide Leak

{South Charleston, West Virginia}...South Charleston investigators have released their final report into the fatal January 31st carbon monoxide leak at the South Charleston Holiday Inn Express that killed William Moran from Rhode Island  and sickened others. Investigators blame the leak on an exhaust pipe from the pool heater that was "physically manipulated" on the outside to be connected to another pipe, but they say the original installation of the system more than 11 years ago is to blame as well. South Charleston Fire Captain Virgil White says the pipe wasn’t installed correctly and when a new pool heater was hooked to it, the vibration and work done over the years helped pull the pipe loose. The investigation names Steve Combs with Premier Pools as the last person to have worked on the pipe. Investigators say Combs worked on the heating unit between December 27th and 28, 2011, a month before the pipe burst. According to the investigation, Combs was served a cease and desist order from the Department of Labor and is registered only as a residential contractor.

Navy Veteran Of World War II Honored

{Charleston, West Virginia}...Tuesday, U.S. Senator Jay Rockefeller presented 86 year old Farris Burton of Point Pleasant, a Navy veteran of World War II, with several medals. Burton was aboard two separate vessels that were sunk by German submarines and he spent several days at sea on lifeboats. He eventually returned to a base in Florida and spent the rest of the war on other Navy ships before being discharged in April 1946.

WV Supreme Court To Reconsider Nursing Homes Ruling

{Charleston, West Virginia}...The U.S. Supreme Court ruled Tuesday that West Virginia's highest court incorrectly interpreted a federal law when it ruled that nursing homes can't use arbitration to avoid lawsuits over residents' care. The state court ruled in July 2011 that the Federal Arbitration Act didn't apply to the cases. Its ruling said Congress didn't intend for the law to apply to personal injury or wrongful death lawsuits. The U.S. Supreme Court sent the case back to the West Virginia Supreme Court for reconsideration, saying the interpretation is both incorrect and inconsistent with its own interpretation of the law. The court also says the law doesn't contain any exceptions for personal injury or wrongful death claims.

Monday, February 20, 2012

Kanawha County Men Arrested In Ohio

  • {Athens, Ohio}...Two Kanawha County men were arrested in Ohio Saturday for allegedly trying to smuggle prescription drugs across state lines. Anthony N. Strickland, 32, of Elkview and Michael A. Graham, 29, of Wills Creek, were pulled over by an Athens County, Ohio K9 unit just west of Athens. Deputies found 273 Hydrocodone and OxyContin pills in their car. Athens County Sheriff Patrick Kelly says Strickland and Graham admitted to taking tax refund money and other funds to Toledo, Ohio, where they bought the drugs to resell in West Virginia.

Remains Found In Wyoming County Identified

  • {Matheny, West Virginia}...Authorities have identified the human remains found in October in a remote area in Matheny of Wyoming County as 37 year old Rachel Michelle Toler of Oceana. Toler was last seen August 9th getting into a pickup truck near Oceana with a man. Sheriff Randall Aliff says Chester Stewart, Brian David Cook and Sherry Myers, three others who disappeared about the same time as Toler remain missing.

Williamson Night Club License Remains Suspended

{Williamson, West Virginia}...Earlier this month, the West Virginia Alcohol Beverage Control Administration suspended the license of Yesterday's Night Club in Williamson after a fight in January. Officials say some 400 people were inside the bar that night, and the club did not have adequate security. Monday, Alcohol Beverage Control Administration officials held a hearing on either reinstating the bar's license or revoking it completely. Officials decided no decision regarding the club's license will be made until April.

Union Workers Rally At State Capitol

{Charleston, West  Virginia}...State workers with UE Local 170 gathered at the West Virginia State Capitol at 11:00 A.M. Monday morning to protest their wages and workload. Union members say public workers have seen their wages, benefits and working conditions steadily deteriorate over the years due to a six-year wage freeze, rising health insurance costs and increasing workloads. They're concerned because Governor Earl Ray Tomblin hasn't proposed any pay increases for public workers in the coming year. Chris Wolford, the vice president of UE Local 170, says state employees received a 1-2 percent increase in pay in 2011, but workers need more. Workers are asking for an across the board one-thousand dollars a year increase.

Tomblin Signs Retiree Health Benefits Funding Bill

{Charleston, West  Virginia}...Monday afternoon, Governor Earl Ray Tomblin signed a bill that outlines how to fund the West Virginia Retiree Health Benefit Trust Fund. The House debated it heavily and passed it February 9th, and the measure completed the legislative process February 10th. The measure dedicates $30 million each year to the West Virginia Retiree Health Benefit Trust Fund and an additional $5 million yearly to a separate trust fund for public workers hired after July 1, 2010. The annual transfers would pay down the $5 billion debt by 2036.

Sunday, February 19, 2012

Police Chase Ends In Arrest

  • {Huntington, West Virginia}...Terry Garner was arrested early Sunday morning following a chase with Huntington Police near the intersection of 6th Avenue and 1st Street. Police say Garner lead officers on a chase that started on Adams Avenue. Officers say Garner stopped his vehicle several times during the chase, but took off when officers got out to approach him. Police say when Garner finally pulled over, he pulled out a knife and made a small cut to his throat, threatening to kill himself. After several failed attempts to talk Garner down, officers shot him twice with a bean bag gun. He was immediately arrested and charged with fleeing, concealing a deadly weapon, brandishing and obstructing.

Logan County Murder Suspect Dies

{Chapmanville, West Virginia}...Logan County Sheriff's Deputies say Eddie and Michelle Bell, along with Paul Jarrel, were discovered shot to death about 9:30 A.M. Sunday morning at a home located on Huckleberry Road near Chapmanville. Chief Deputy Sonya Porter says 34 year old Trevor Tomblin of the Chapmanville area, a suspect in the triple murder, was in an accident on Big Creek and was taken to CAMC in Charleston, where he later died. Prescription pills, cash and a gun were found inside the truck Tomblin was driving, and police later discovered that the truck belonged to one of the victim's.

Activists Hold Coal Mining Protests

{Morgantown, West Virginia}...Activists trying to save the Blair Mountain battlefield from coal mining protested Friday at the Huntington offices of Natural Resource Partners in West Virginia and the suburban St. Louis, Missouri headquarters of Arch Coal. They're among several coal companies that either own or lease land on the Logan County mountain and control its coal reserves. Some have permits to mine. Arch spokeswoman Kim Link says the protesters were asking Arch to stop mining Blair Mountain, when in fact Arch has no immediate plans to mine on leased reserves in the area, and Arch owns less than 2 percent of the land in question. Activists have been fighting to protect the 1,600-acre battlefield and get it re-listed on the National Register of Historic Places. Chuck Keeney, chairman of Friends of Blair Mountain, says his group is not endorsing the protests.

Education Aide Accused Of Sexual Abuse

{Huntington, West Virginia}...Cabell Circuit Judge Paul T. Farrell has set an August 14th trial date for 57 year old Lloyd Davis, a special education aide accused of sexual abuse. The Cabell County Board of Education has suspended Davis with pay pending the outcome of the case. Court documents allege Davis made contact "of a sexual nature" with a 9 year old student at Central City Elementary School just before Thanksgiving break.

Saturday, February 18, 2012

Huntington Drug Sweep

  • {Huntington, West Virginia}...During a drug sweep Friday, the Huntington Violent Crime Drug Task Force served search warrants at the Coach's Inn Motel and a couple of houses on West 10th and 9th Streets, arresting seven people, most of the suspects from Detroit. Augustus Herbert, Donald Enix, Ricky Kennie, Nicola Crawford, Garland Harless, Quinton Kennie and Matthew Dean are accused of distributing heroin, cocaine, cocaine base, drugs and marijuana.

Huntington Man Charged In Stabbing

  • {Huntington, West Virginia}...Thomas Ramey, 33, of Huntington, was arrested Friday afternoon after he allegedly stabbed Stephen Marks, 34, also of Huntington. Marks was taken to a Huntington hospital in serious condition after bring stabbed several times in the upper chest while in a parking lot next to Jimmy's Bar on West Ninth Street. Ramey is scheduled to appear in court on February 27th.

Former Putnam County Doctor Faces Malpractice

{Winfield , West Virginia}... Doctor Richard Lindsay and his son, Richard Lindsay II of Tabor, Lindsay and Associates, are representing some 22 plaintiffs in a civil lawsuit against Dr. John King, a former Putnam County doctor who racked up 124 medical malpractice lawsuits during the seven months he was an osteopathic surgeon at the former Putnam General Hospital. During a civil hearing Friday, Dr. King spoke to the court by phone, saying he is bankrupt, has no job, no medical license and was simply unable to make the 11 hour drive to Putnam County. Lindsay told Judge Phillip Stowers they sent several requests for an admission from Dr. King that he was negligent in the care of patients, and was responsible for their injuries, but King never responded. That prompted the judge to find him liable of that negligence, paving the way for potential damages to be awarded to the plaintiffs. Judge Stowers said these people have a right to have their final day in court, and he's not going to tolerate any further delays or any further resolution in the matter. A March 15th hearing was set.

Deputy Killed In Chase

{Morgantown, West Virginia}...Forty-one year old Sgt. Michael Todd May of the Monongalia County Sheriff's Department in West Virginia died Saturday morning while pursuing a hit-and-run suspect across Pennsylvania state lines. May, a 10-year veteran of his department, was pronounced dead at Ruby Memorial Hospital in West Virginia. Around 1:00 A.M., West Virginia State Police were called to investigate a hit and run crash along Easton Hill Road near Morgantown where police say 35-year-old Jerod Allen Green of Morgantown had struck another car with his truck. Granville Police spotted Green travelling along Route 100 and assisted Monongalia County Deputies in conducting a reaffic stop. Green, who appeared to be intoxicated, refused to get out of his vehicle and sped away. Police chased Green into Pennsylvania. Green then turned east toward I-79 and entered the highway heading southbound back toward Morgantown. Sgt. May was parked along the highway inside the Pennsylvania state line, in front of the pursuit with the goal of getting in ahead of Green to slow him down and end the chase. However, as the chase approached, Green slammed into Sgt. May’s cruiser.

Friday, February 17, 2012

Retired Judge Dies

  • {Charleston, West Virginia}...Retired Kanawha Circuit Court Judge Robert K. Smith, who served 24 years on the bench, died Thursday at Charleston Area Medical Center's General Hospital at the age of 88. Smith retired from public service in December 1986 after first being elected to office in 1962 as a domestic relations judge. Smith also was a World War II veteran who flew bombing missions as a radio man/gunner on a B-24 bomber.

Saint Albans Man Arrested

  • {Saint Albans, West Virginia}...West Virginia State Police arrested 36 year old Harold Parsons, III of Saint Albans Thursday afternoon after they found Parsons with about $7,000 dollars in cash and ingredients for a meth lab at his home on 2nd Avenue and North Street. Parsons is charged with possession of a controlled substance with intent to deliver, and attempting to operate a meth lab.

Former Bank Manager Pleads Guilty To Fraud

  • {Beckley, West Virginia}...Forty-six year old John R. Garris of Beckley faces up to 30 years in prison and a $1 million fine after pleading guilty to bank fraud. U.S. Attorney Booth Goodwin says, between January 2008 and February 2011, Garris stole more than $90,000 from First Citizens Bank in Lewisburg, where he worked as a financial services manager. Goodwin says Garris used the names of bank customers to create fictitious loans, and he used customers' existing loans to obtain advances. Sentencing is set for June 4th.

Thursday, February 16, 2012

Fatal Hit And Run Suspect Arrested

  • {Elkview, West Virginia}...Kanawha County Sheriff's Deputies arrested 22 year old Lynsey Marie Taylor Thursday evening and charged her with leaving the scene of an accident resulting in death. Authorities say she hit 47 year old Dennis Glen James along Elk River Road in Elkview while he was crossing the road on January 27th. Magistrate Tim Halloran set a $200,000 full surety bond.

Kanawha County Couple Arrested

  • {Cabin Creek, West Virginia}...Kanawha County Sheriff's Deputies arrested 60 year old Joyce Hope McDonald and 66 year old Douglas Conley after they found bags of Roxycodone tablets, along with a loaded handgun and $2,500 in cash at Conley's home in the Dry Branch area of Cabin Creek and more pills and another $4,000 at Conley's home in the Paint Creek area. Both Conley and McDonald are charged with possession with intent to distribute a controlled substance.

Three Killed In Mercer County Accident

{Bramwell, West Virginia}...West Virginia State Troopers say Jessica Pruett, 22, Courtney Hagy, 19, and Andrew Murray, 19, all died Wednesday afternoon when the car they were riding in collided head-on with another car north of Bramwell on U.S. Route 52 in Mercer County. The driver and passenger of the truck were taken to a hospital for treatment.

Former Marshall University Football Player Released

{Huntington, West Virginia}...Former Marshall University football player 20 year old Michael Fleurizard was released Thursday after serving a little less than a year at the Anthony Correctional Center for Youthful Offenders. Fleurizard was one of three men dismissed from Marshall’s football team in August 2010 following the robbery of two pizza delivery men. Fleurizard was charged in a two-count indictment with first-degree robbery and pleaded guilty to one of those counts in March 2011. Cabell Circuit Judge Paul T. Farrell punished Fleurizard with a suspended prison sentence, allowing him to serve a six-month to two-year stint at the state’s Anthony Correctional Center for Youthful Offenders.

Judiciary Committee Passes Mine Safety Bill

{Charleston, West Virginia}...The House Judiciary Committee Thursday passed legislation aimed at improving mine safety. The bill makes it a crime for anyone to warn a coal operator that a mine inspector is on site. It also requires that mining machines at the face be shut down more quickly when methane gas levels begin to build and that mines meet tougher standards for keeping coal dust under control. The legislation also requires coal companies to drug test certified miners, as well as other workers who are regularly present at the mine site. Most mining companies already drug test, but Governor Tomblin pushed the proposal requiring all companies to test. The bill also says that the family of a miner killed in an accident can chose anyone they want to represent them during investigations. The industry wanted a provision that would have prevented a union member from representing the family if the accident happened at a non-union mine, but that was left out of the House bill.

Senate Committee Approves Pseudoephedrine Tracking System

{Charleston, West Virginia}...Thursday afternoon, members of the Senate Health and Human Resources Committee advanced the bill that includes a provision to implement a real time tracking system for the sale of medications that contain pseudoephedrine, a key ingredient in meth. Governor Earl Ray says the measure would cut down on smurfing which is when people go from pharmacy to pharmacy to buy the limit. Attempts from Kanawha County Senator and Doctor Dan Foster to change that part of the bill failed on Thursday afternoon. His two amendments that would have required prescriptions for the sale of medications that come with pseudoephedrine were rejected.

Wednesday, February 15, 2012

Charleston Man Arrested

  • {Charleston, West Virginia}...Kanawha County Sheriff's Deputies arrested 26 year old Jeffrey C. Potteiger of Charleston Tuesday evening on charges of possession with intent to distribute a controlled substance, forgery of a registration, driving while revoked for DUI and having no insurance. Deputy J.L. Miller says he stopped Potteiger on Call Road near Sissonville and discovered Potteiger's registration appeared to be fraudulent and that he did not have a valid drivers license. Miller also found a large amount of money and four Lortab tablets. A further check by a K-9 unit led to the discovery of 16.4 grams of marijuana, digital scales and $1,142 in cash.

Boone County Man Sentenced

  • {Madison, West Virginia}...Wednesday, Boone County Circuit Judge William Thompson sentenced Howard Dotson to between 719 and 1495 years, to be served consecutively, after a jury convicted him in January on 89 counts of sexually abusing and raping four girls under the age of 11. Dotson was captured in Colorado after more than a decade on the run. Dotson will get credit for the two years he's already served, making him eligible for parole in 2729. He's facing charges in Colorado for allegedly sexually abusing his biological daughter.

Bill Seeks Cigarette Tax Increase

  • {Charleston, West Virginia}...A bill, sponsored by Senators Roman Prezioso, Dan Foster and Ron Stollings, was introduced in the West Virginia Senate Tuesday to raise the cigarette tax by $1 to $1.55 per pack and place an excise tax on the sale of tobacco products at a rate of 50 percent of the wholesale price of each item sold. The bill, which would take effect July 1, 2012, would put half of the money collected up to $60 million into a new state treasury account called the West Virginia Healthy Future Fund. The bill calls for $27 million for implementation of a comprehensive tobacco prevention and cessation program through the Department of Health and Human Services. Any additional money in the West Virginia Healthy Future Fund will be used for appropriations by the legislature for public health, substance abuse programs or general health care. Other funds will go into general revenue.

Mistrial Declared In Kanawha County Murder Case

{Charleston, West Virginia}...Kanawha County Circuit Judge Jim Stucky called a mistrial Wednesday morning in the trial of 19 year old Brandon Gray after learning one of the jury members had been hospitalized and unable to return to court. The trial has been rescheduled for April 9th. Charleston Police say Gray killed 27 year old Timothy Thompson, Jr. near the intersection of Stockton Street and First Avenue in June 2011. The jury heard opening statements and the testimony of a few prosecution witnesses Tuesday.

U.S. Attorney Seeks Maximum Sentence

{Charleston, West Virginia}...Defense lawyer Bill Wilmoth said in papers filed with U.S. District Judge Irene Berger that 60 year old Hughie Elbert Stover, the former Massey Energy security chief convicted of obstructing the Upper Big Branch Mine Disaster investigation, should not have to go to jail. In October, a federal jury convicted Stover of making a false statement and obstructing justice. Jurors concluded that Stover lied to investigators and then tried to destroy evidence about Massey's practice of warning underground workers when federal inspectors arrived at Upper Big Branch mine. Stover faces a maximum of 25 years in prison when sentenced February 29th in federal court in Beckley. Federal sentencing guidelines, which judges can follow or ignore, recommend a sentence of between 33 and 41 months. Tuesday, U.S. Attorney Booth Goodwin urged Berger to depart from the guidelines and send Stover to jail for the maximum 25 year sentence. Goodwin argued that Stover's actions played a major role in causing the April 5, 2010 explosion that killed 29 miners.

Scott Depot Woman Charged With Embezzlement

{Charleston, West Virginia}...Charleston Police have arrested Meredith Ann Collier, 41, of Scott Depot, after she alleged embezzled more than $50,000 from HealthNet Aeromedical Services since being hired in January 2011. Collier, who worked as director of accounting for HealthNet, allegedly wrote several unauthorized checks to herself, her husband and her friends exceeding $1,000 a check.

Tuesday, February 14, 2012

Inmate Testifies In Charleston Murder Trial

  • {Charleston, West Virginia}...Testimony began Tuesday afternoon in the trial of Brandon Gray, a Charleston teen charged with murder in the shooting death of 27 year old Timothy Thompson. Prosecutors say Gray was told to "take care" of Thompson who owed a marijuana drug debt. They say Gray did that by luring Thompson to First Avenue on Charleston's West Side and fatally shooting him. Gray's cellmate, Ernest Young, was called to the stand where he testified Gray admitted to the murder. Young is currently facing murder charges for allegedly beating to death an 81 year old man in Cedar Grove. Prosecutors did not cut a deal with Young to testify, but the defense argued his taking the stand is opportunistic.

Glasgow Man Indicted In Officer Shooting

  • {Glasgow, West Virginia}...Nickey Don Smith II, 36, of Glasgow, has been indicted after police say he shot off-duty Glasgow Police Officer Steve Smith in December 2011. Smith is accused of illegal possession of a shotgun after being convicted of a felony in 2002. If convicted, Smith faces up to 20 years in prison on the federal charge.

Public Hearing To Discuss Anti-Drug Bill

  • {Charleston, West Virginia}...The House and Senate health committees are hosting a public hearing at 4:00 P.M. Thursday in the House of Delegates Chamber to discuss Governor Earl Ray Tomblin's proposed legislative crackdown of so-called pill mills, which would follow the lead of Ohio and Florida. The Senate health committee heard Tuesday that both those states have seen successful with measures targeting clinics that unlawfully provide pain drug prescriptions. Tomblin has included similar licensing and oversight provisions in his wide-ranging bill, but another part of the bill borrows from Kentucky which proposes a computer tracking system for methamphetamine ingredients. A law enforcement official from Kentucky told the health committee that this system isn't working there. 

WVU/Big East Settle Lawsuits

{Morgantown, West Virginia}...West Virginia University and the Big East have officially settled their lawsuits out of court, ending legal battles in West Virginia and Rhode Island. WVU Director of Athletics Oliver Luck says WVU will officially join the Big 12 on July 1st without any further legal ramifications. Both West Virginia and the Big East have decided to keep the terms of the settlement private, but Luck stresses that no state or taxpayer funds, tuition or academic support monies will be used to pay the settlement. A person familiar with the agreement said the settlement totaled $20 million. West Virginia  paid the Big East $2.5 million last fall when WVU announced it was leaving the league. Luck said WVU should get about $18 million to $19 million a year in television payouts, about double what it gets from the Big East. Payments are being prorated for the first three years at 50 percent, 67 percent and 87 percent, he said, reaching 100 percent in the fourth year.

Former Convicted Assessor Withdraws From Race

{Charleston, West Virginia}...Former convicted Lincoln assessor Jerry Weaver, who was convicted of federal vote-buying charges, filed papers Tuesday withdrawing from the Lincoln County sheriff's race. Weaver pleaded guilty in 2005 in U.S. District Court to conspiring with former Lincoln County Circuit Clerk Greg Stowers to influence county elections from 1992 through 2004. Weaver spent a year in federal prison, while Stowers was sentenced to six months. Weaver was later hired to work in the assessor's office, the same office he was forced to leave following his conviction. He filed candidacy papers to run for sheriff last month.

Delegates Considering Abortion Bill

{Charleston, West Virginia}...A committee in the House of Delegates is considering a proposed bill that would ban abortions in West Virginia 20 weeks after fertilization. Those with the organization West Virginians For Life, who are supporting The Pain-Capable Unborn Child Protection Act, rallied at the State Capitol Tuesday. For Life President Doctor Wanda Franz said it's really important for people to understand that these babies suffer terribly from abortion. She says there is a scientific evidence that a fetus or baby can feel pain after 20 weeks. West Virginia Free Executive Director Margaret Chapman-Pomponio, though, says the science about the pain the fetus or unborn child feels has not been fully vetted. Chapman-Pomponio says the legislation is an intrusion into the practice of medicine that is really punishing for women who are in difficult situations, and it is not up to the Legislature to determine when a fetus or unborn child feels pain and then mandate what can be done based on that determination.

Monday, February 13, 2012

Murder Trial Underway

  • {Charleston, West Virginia}...Brandon Gray was in court Monday charged with first-degree murder for the shooting death of 29 year old Timothy Thompson. Police say Gray shot Thompson in the chest and head near Stockton Street and First Avenue in Charleston on June 9th. Prosecutors are expected to attempt to show the shooting was the result of a drug rip-off.

Two Sentenced In Huntington Robbery

  • {Huntington, West Virginia}...Monday, Joshua Deel was sentenced to 30 years in prison while James Perry was sentenced to 10 years in prison. Police say Deel was the mastermind in the May 26, 2011 robbery at Java Joe's on Third Avenue in Huntington. The two, along with David Deel and Kimberly Deel, were indicted last August on first degree robbery charges. Police say Perry and David Deel walked into Java Joes pretending to be customers, and Joshua Deel went into the store, held a knife to the clerk's throat and forced him to open the machines to get the money. Joshua Deel and James Perry each pleaded guilty in December. Kimberly Deel is scheduled to make a plea next month. 

AT&T Donates To WV Food Bank

{Charleston, West Virginia}...Mountaineer Food Bank announced Monday it has received a $10,000 donation from AT&T Foundation to provide groceries to needy families in West Virginia. The mobile pantry, which distributes about 10,000 pounds of groceries including, frozen meats, produce, dairy and bakery items to 28 counties, hopes the donation will help extend the mobile pantry to 48 counties by the year's end. The mobile pantry serves 200 to 300 families per county. Since starting the service in October 2010, the organization has given 750,000 pounds of food to more than 40,000 West Virginia families.

Commission Files Petition To Remove Sheriff

{Point Pleasant, West Virginia}...The Mason County Commission filed a petition Monday to remove Sheriff David Anthony from office. The petition stems from wanton endangerment and embezzlement charges Anthony faced at the end of 2011. Some of the charges against Anthony are related to an incident late last year when he allegedly fired a gun over the head of his 13 year old son. The charges include wanton endangerment, child neglect creating risk of injury, domestic assault, shooting near a dwelling. In January, Anthony pleaded not guilty to a 42-count indictment including fraudulent scheme, 19 counts of embezzlement and 18 counts of unauthorized use of a government purchasing card charges. A pretrial hearing will be held in March.

Former Kanawha County EMS Pleads Guilty

{Charleston, West Virginia}...Former Kanawha County EMS worker Eric Harbour pleaded guilty Monday to conspiracy in connection with a meth lab. Harbour was terminated after being arrested last August when West Virginia State Police found a meth lab in a building behind Harbour's home in Saint Albans and other meth-making materials on the front porch. Sentencing is set for April 10th.

Charleston Man Charged With Sexual Abuse

{Charleston, West Virginia}...FBI agents said Monday they arrested 78 year old Jack Edwin Gravenmier of Charleston over the weekend at a motel in St. Louis, Missouri on charges of traveling across state lines with plans to sexually abuse a child. The FBI says Gravemier sexually abused a 14 year old male in Georgia last summer and had planned to attempt another assault in St. Louis. Agents say Gravenmier sent four sexually explicit images to the victim and told the boy that he'd had sex with a boy in one of the photos.

Sunday, February 12, 2012

Housing Authorities Awarded HUD Funding

{Charleston, West Virginia}...Eight Housing Authorities in southern West Virginia will be receiving a total of $2.1 million for modernization projects and facility improvements. The Capital Fund is made available by formula distribution to housing authorities for the development and modernization of public housing projects, and for addressing deferred maintenance needs and the replacement of obsolete systems and equipment. Among other things, the funding will be used to repair outdoor pole lighting and sidewalks, retain walls and roofing, install new hot water tanks and bath tubs, along with grounds work, landscaping, and fence repairs.

The Housing Authorities are:
City of Williamson - $269,801
Mingo County - $53,473
City of Beckley - $275,462
City of Bluefield - $216,183
Boone County - $88,686
City of Huntington - $1,012,102
City of Mount Hope - $167,706
Raleigh County - $80,932

Saturday, February 11, 2012

Coal Operator Contributes To Capito, McKinley

  • {Charleston, West Virginia}...According to the latest Federal Election Commission filings listing campaign donations through December 31st, Representative Shelley Moore Capito has received 43 donations totaling $18,887 from coal operator Robert E. Murray, his companies and his employees. Representative David McKinley, R-W.Va., received 22 donations from Murray and his companies and employees, totaling $12,578. Murray's company, Murray Energy Corp., is the largest privately owned coal company in America. Murray, who operates nine coal mines in Utah, Kentucky, Illinois and Ohio, owned the Crandall Canyon Mine in Utah when an August 2007 collapse killed six miners and three rescue workers. On July 24, 2008, the Mine Safety and Health Administration announced it would fine Murray's mining companies in Utah $1.85 million for violations leading to the collapse.

Arch Coal Announces Tygart Mine Plans

  • {Charleston, West Virginia}...St. Louis-based Arch Coal says it is on schedule to begin longwall production at the Tygart Mine near Grafton by mid-2013. Arch President and Chief Operating Officer John Eaves said Friday the company expects Tygart to be a very low-cost operation, probably one of the lowest cost in the eastern United States. Former owner ICG said in June 2010 that when the Tygart Mine was fully operational it would employ 300 people and produce 3.5 million tons a year of coal for both the steel-making and electrical generating industries.

Ordinance Bans Sex Offenders

{Hurricane, West Virginia}...According to West Virginia State Police, there are 28 registered sex offenders currently living in Hurricane. A new ordinance in Hurricane makes jogging and bike trails, athletic fields and many other places off limits to registered sex offenders. It also prohibits sex offenders from getting within 500 feet of so-called child safety zones, including bowling alleys, movie theaters, schools, public libraries, arcades, indoor and outdoor amusement centers and parks and public or commercial and semi-private swimming pools. Hurricane Mayor Scott Edwards says he introduce the city law after he got reports last year that sex offenders had been seen watching children at those types of locations, and there was no law to make them leave. In a similar ordinance in Albuquerque, New Mexico, the appeals court ruled that by prohibiting sex offenders from public libraries, the city was limiting a fundamental right to receive information. Edwards says he will address council members and take that part out.

WV Legal Aid Making Cuts

{Charleston, West Virginia}...In response to federal budget cuts that could create a $1.2 million deficit, West Virginia Legal Aid is laying off 15 case handlers and closing its Logan County office. The closing of the Logan office will force the group's Charleston branch to pick up services from that county as well as Mingo County. In 2010, Legal Aid served 24,000 West Virginians.

Friday, February 10, 2012

Environmental Activist Pleads No Contest

  • {Beckley, West Virginia}...Catherine-Ann MacDougal, an environmental activist, will spend seven days in jail after pleading no contest to trespassing Thursday in Raleigh County magistrate court. MacDougal participated in a protest at Alpha Natural Resources' Bee Tree mine near Marfork last summer. She climbed a tree on July 20th and descended August 18th. Virginia-based Alpha is suing MacDougal and three other activists who participated in the protest. A trial is set for January 14, 2013, in federal court.

Former Marshall University Student Sentenced

  • {Huntington, West Virginia}...Fifty-five year old John Millard Perdue, a former Marshall University student, has been sentenced to 14 years in prison and 40 years of supervised release after entering an Alford plea in November to downloading and possessing multiple images of child porn. A Cabell County Grand Jury indicted Perdue in February 2007 on 70 counts of child porn. Prosecutors say, in February 2006, he downloaded multiple images on computers at the Marshall University library and at his home. Cabell County Prosecutor Chris Chiles says some of the images showed young children being raped. Chiles also says Perdue would take magazines and cut kids faces out and paste them on adult porn pictures and then write stories about them. He also said Perdue possessed non-pornographic pictures of children that were taken at Harris Riverfront Park.

Final UBB Report To Be Released

  • {Charleston, West Virginia}...West Virginia mining officials will release the fourth and final report on the April 2010 Upper Big Branch mine disaster on February 23rd. Leslie Fitzwater of the Office of Miners Health Safety and Training says it will be presented to the victims' families at the Raleigh County Convention Center in Beckley before it's released publicly. Reports issued by the Mine Safety and Health Administration, the United Mine Workers of America and an independent panel appointed by the former governor Joe Manchin concluded Virginia-based Massey Energy let methane and coal dust build up in the mine, and worn and broken cutting equipment created the spark it needed to explode.

Four Charged In Food Stamp Scheme

  • {Huntington, West Virginia}...Federal authorities have arrested four people for allegedly taking part in a scheme to defraud the Supplemental Nutrition Assistance, or SNAP, program. U.S. Attorney Booth Goodwin says from June 2010 until January 2012, Abderahamane Eloirzazi, 44, also known as "Abe" who owns the ALLINONE store along 9th Avenue in Huntington, conspired with Stephanie Pauley, 35, and Cynthia Gibson, 40, both of Huntington, in an illegal EBT card-swiping scheme that took place at ALLINONE. Federal authorities say the recipients received 50 to 65 cents on the dollar in cash or items from the store, and ALLINONE then received a wire transaction of about $127,000 in SNAP benefits. Ibrahim Osman Owayda, 34, of Huntington, the manager of Huntington Mar on Hal Greer Boulevard, is accused of exchanging cash for SNAP benefits on a discounted basis from various customers, redeeming about $298,000 in SNAP benefits.

Thursday, February 9, 2012

Delbarton Couple Arrested

{Delbarton, West Virginia}...Delbarton Police arrested Woodrow Prater, Jr. and his wife, Amy Blanton, after they claimed a neighbor's daughter on their income tax return. Delbarton Police Chief Stephen Hughes says the couple, who live at the Mingo County Housing Authority's HOPE House in Delbarton, admitted they got their neighbor's 11-month-old daughter's social security number and birth date, and claimed her as their own on their income taxes to get $4,500. Police say they were bragging about it to others in the building, who, in turn, told the victims, who then told police.Prater and Blanton are charged with felony obtaining money by false pretenses, but police say federal charges are likely.