Davis to be chief justice again in 2014

The state Supreme Court has chosen Justice Robin Davis to be chief justice in 2014. The members of the court made the decision in a recent meeting.

Supreme Court Justice Robin Davis will serve as chief justice for a sixth time beginning Jan. 1.

Davis, who was reelected to a 12-year term in 2012, has been chief justice five other times. She will be the first justice to serve as chief justice six times since the court was reorganized in 1974.

Davis, a Boone County native, was appointed to the Supreme Court in 1996.

Feds to examine WV’s regulation of surface mining

The U.S. Office of Surface Mining announced Monday evening it will examine five aspects of West Virginia’s regulation of surface mining.

The decision announced in a news release follows a petition filed earlier this year by nearly 20 advocacy groups which said the state Department of Environmental Protection isn’t doing its job and is ignoring federal law.

The federal agency said it will look at five of the groups’ complaints including flooding impacts, alleged violations of the Clean Water Act, water pollution from selenium and the handling of soil.

“The analysis we shared with the petitioners today represents the next step in a process prescribed by the regulations that implement SMCRA,” said OSM Director Joe Pizarchik in the news release. “OSM will conduct its evaluations in a fair, transparent manner.”

The environmental, civic and religious groups originally asked that 19 areas be looked at and it requested OSM seize control of the DEP program.

Cleanup continues on Elkhorn Creek in McDowell County

 

Heavy rain has delayed the cleanup of Elkhorn Creek in McDowell County following the derailment of a Norfolk Southern freight train Friday.

Sixteen cars jumped the tracks including a chemical tanker that ruptured spilling liquid asphalt into the creek near Vivian.

The spill was contained in one section of the water. The company will continue working with the U.S. Army Corps of Engineers on the cleanup.

Norfolk Southern said Monday there was still no word on what caused the derailment. The company said an investigation and report could take several weeks or months.


The Federal Railroad Administration will publish the investigative report.

Possible Legalization of Medical Marijuana to be considered Soon in W.Va.

After months of studies and legislative meetings, a bill that would legalize medical marijuana in West Virginia soon will be introduced during the upcoming legislative session.

Delegate Mike Manypenny said he will sponsor the bill. This is the fourth time he has introduced legislation to legalize medical marijuana.

Manypenny said this time he has 18 to 20 delegates who are ready to sign on and support the proposal.

Twenty states and the District of Columbia already allow marijuana use for medicinal purposes.

The legislative session starts Jan. 8.

WVSP Report Spike in Home Break-ins Around Man

These days, people who live in the Man area of Logan County are double and triple checking the locks on their doors.

That's because State Police say they're seeing more break-ins around Man than they normally do.

Troopers say, on average, they've been getting at least one call per week involving a burglary. And most of the stolen goods turn up at pawn shops within a few miles.

"It's pretty unusual for that area," Trooper J.E. Garren said. "We don't really get too many burglaries down that way, but it's been happening a lot recently."

Danny Ray Williams was arrested Friday night. He's accused of breaking into two homes  just outside of Man.

Troopers say they found him with about $2,000 worth of stolen property, including a gun.

Williams' own grandmother gave them the information that led to his arrest.

Troopers say she had been driving Williams and the stolen property to his apartment. By cooperating with them, she avoided being charged in the case.

State Police say Williams was a repeat offender who had three outstanding warrants at the time of his arrest.

They say neighbors should coordinate crime watches in their communities and look out for each others' homes in times of absence.

Also, they say you should never post plans to leave town - or proof that you're away - on social media sites like Facebook.

Rockslide could close Route 3 for a week in Raleigh County

 

The state Division of Highways is hiring a contractor to remove two large boulders that fell onto state Route 3 in Raleigh County Friday. The agency said Saturday the highway near the community of Sundial could be closed for up to a week.

The rockslide happened at Hatcher’s Bottom. The large rocks have been measured at 30 feet in diameter.

The rockslide is the latest in a string of rock and mudslides that have taken place over the last few weeks.

A large mudslide on Madison Creek Road in Logan County earlier this month forced the temporary reconstruction of the road so families could get in and out of the area. The DOH also had to hire a contractor to blast a section of hillside away above Interstate 77 north in Mercer County.


Heavy rain is forecasted for Sunday into Monday in some parts of the state which could cause more road slips and slides.

Delegate to propose legalized medical marijuana bill

One member of the West Virginia House of Delegates will try for a third time to get the Legislature to legalize medical marijuana.

Taylor County Democrat Mike Manypenny was the sole sponsor of a bill legalizing the drug for medicinal purposes for the past two session. He said he’s heading into the 2014 Legislative session with 20 other delegates ready to sign on to the bill.

Manypenny wants to open the dialog.

“There’s been studies all over the world. One of the most recent ones came from the University of Madrid, in Spain, which actually shows there’s promise for using cannabis, which has the potential for killing cancer cells,” according to the delegate.

Twenty states and the District of Columbia already allow marijuana use for medicinal purposes. Manypenny said it’s time for West Virginia to follow suit.

“We do need to do a lot more research,” said Manypenny. “But in the meantime, there are a lot of people out there that are suffering with a lot of different diseases that I believe could be treated with this rather than using a pharmaceutical that has 20 different side effects.”

Opponents of the bill say legalizing medical marijuana will open the door to potentially deadly consequences including more addiction, overdoses and child endangerment. Law enforcement and several children’s advocacy groups across the state have already come out against the legalization of marijuana.

Manypenny stressed West Virginians have been using medicinal plants for hundreds of years to help those in pain.

“A lot of people still utilize roots and herbs for medicine across the state and a lot of them are very effective.”

Manypenny said golden seal, yellow root and gin sing are just a few examples.

However, even he isn’t convinced that the leadership of the House will give a legalized medical marijuana bill a chance this session.

“I’m hopeful but I don’t know, this being an election year,” he explained.

The 2014 Legislative session kicks off January 8.

New Highway Signs for West Virginia

West Virginia is working to make signs on interstate and U.S. highway routes more legible and visible.

During regular sign replacements, the Department of Transportation is installing signs that feature a font called Clearview.

DOT spokeswoman Carrie Bly tells the Associated Press that the font, in general, is easier to read.

So far, signs with the Clearview font have been installed along Interstate 77 north of Charleston and Interstate 64 in the Huntington area. The DOT began replacing signs along Interstate 70 in the Northern Panhandle this year. U.S. 50 is up next, followed by Interstate 79.

States must request interim approval from the Federal Highway Administration to use the Clearview font.

Child porn bills to be introduced in legislative session

A legislative committee plans to introduce a handful of bills during the upcoming legislative session that focus on crimes against children.

Del. Barbara Fleischauer, D-Monongalia, said one of the bills will propose changes to the child pornography statute by adding three felony crimes. One of those focuses on possession of child pornography.

“We changed the language because some people are doing a search for child pornography and then they are using a service that allows them to look at the images without downloading them,” Fleischauer said. “We want to make sure our term possession shows criminal intent.”

Another bill would create new felony crimes in connection with the number of images.

“We would be adding a new provision that says if people have over 500 (images) you can charge them with a felony,” the delegate said. “Some have thousands of images.”

The bill will be introduced during the 60-day regular session that begins Jan. 8.

Suspect from Logan Home Invasion Released from Hospital and Arrested

A suspect in the Logan County home invasion from Saturday, December 21st, has been released from the hospital and arrested.

Jimmy Walker was shot in the stomach by a neighbor of the homeowner while he and Justin Blair were burglarizing the house. Walker was taken to CAMC general, He was released and arrested Saturday, December 28th,

Walker is being charged with burglary and conspiracy. He is being held in the Southwestern Regional Jail.

New year will mean new health insurance for thousands of state residents

New health insurance coverage is scheduled to take effect Wednesday, New Year’s Day, for the thousands of West Virginians who have enrolled for that coverage from Highmark Blue Cross Blue Shield via the federal exchange.

It’ll mark a milestone in the implementation of the Patient Protection and Affordable Care Act, also called Obamacare, which President Barack Obama signed into law in 2010.

On Jan. 1, some key provisions on that health care reform law will be fully implemented, including the following:

- Insurance coverage through the state and federal exchanges, along with qualifying tax credits, will kick in.  People who do not have health insurance will be able to continue to enroll through March 31.

- Consumer protections, like those that keep insurance companies from denying coverage because of preexisting conditions or gender, will be in effect.

- Caps on annual coverage for an individual in new insurance plans or existing group plans will be lifted.

- Medicaid will expand to cover more people, including more than 60,000 additional West Virginians.

First District Congressman David McKinley (R-WV), though, said the law needs major adjustments in 2014.

“Not everything in Obamacare is bad.  That would be foolish to say that,” he said.  “There are people who were happy with it, but they’re outraged by the fact that their premiums are going up so much.”

He said U.S. House Republicans have as many as five alternative plans that will be rolled out in the coming months on Capitol Hill.

Second District Congresswoman Shelley Moore Capito (R-WV) agreed.  “I voted to repeal and replace and I will still do that, but the train is on the tracks now even though it’s a wreck.  We’ve got to really look at adjustments,” she said.

Members of Congress will return to Washington, D.C. during the week of Jan. 6.

The health care reform law is expected to be a major issue in the 2014 races for the U.S. Senate and U.S. House.

Unemployment cuts to affect thousands locally, millions nationwide

A government report says, in our region, nearly 40-thousand Ohioans will lose their benefits on December 28th, along with nearly 20,000 in Kentucky and about 6,300 in West Virginia.

That is because Congress has decided to bring down the number of weeks a person can draw unemployment to pre-recession levels.

Benefits were extended from 23 weeks up to 63 weeks, in some states, to help blunt the effects of the 2008 financial collapse.

Kroger Warning Customers About Possible Scam

Kroger is warning its customers of a hoax being spread on social media this holiday season.

Company officials say the scam offers a $250 Kroger gift card on Facebook.

A spokesperson says Kroger is not giving away the gift cards and recommends customers ignore it.

                                                    

Long-term unemployment benefits to end for about 6,900 West Virginians

  

As many as 6,900 West Virginians are among the estimated more than 1.3 million people across the United States who will see their federal emergency unemployment compensation (EUC) benefits end on Saturday.

The U.S. Senate and U.S. House of Representatives failed to approve an extension for the program that provides those benefits, which were first implemented in 2008 after the recession, before leaving Washington, D.C. for the holiday break.

West Virginia’s unemployment rate was 6.1 percent in November, compared with seven percent nationwide.

Collection of sales tax expansion begins Jan. 1

 

West Virginia will have sales tax revenue coming from some new sources beginning next year when a new state law kicks in.

The new law calls for those businesses that sell products in West Virginia, online or otherwise, to collect the six percent sales tax if the company itself or a company affiliated with it has a physical presence in the state.

Many West Virginia lawmakers, like those from other states, believe states are losing millions a year on items purchased over the internet because sales tax is not collected.

State Deputy Revenue Secretary Mark Muchow said the new requirement could bring in as much $10 million a year. He said it’s difficult to predict exactly how much will be collected.

The U.S. Supreme Court recently refused to hear a challenge of New York’s online sales tax law earlier this year. Muchow said that’s a much more aggressive law than West Virginia’s but eventually Congress will likely have to decide the issue.

“It’s an uneven playing field out there,” Muchow said. “It’s probably ultimately going to take some action by Congress. The U.S. Supreme Court is saying ‘This is for Congress to decide. We don’t want to get involved,’” Muchow said.

Muchow said the West Virginia change applies to large businesses online or otherwise, which may not necessarily have a home office in West Virginia, but part of its group does have a physical presence here.

“It may not be you but one of the companies affiliated with you that’s part of your group that has a physical presence in the state, then you have to collect taxes in the state of West Virginia,” Muchow said.

The state expects all of the impacted companies to follow the new law.

“As far as I know the taxpayers that are subject to that law change will be complying come January 1st,” Muchow said.  

WVU Tourism degree gets thumbs up from state

 

The state Division of Tourism is giving the thumbs up to a new tourism degree at WVU. The University recently announced it’s created a Bachelor’s Degree in Hospitality and Tourism Management under the College of Business and Economics.

WVU previously offered an area of emphasis in tourism but this move creates a program unto itself.

University officials said WVU is already a “living laboratory” when it comes to hospitality and tourism. There’s food service at the Mountainlair. They partner with Morgantown’s Waterfront Place Hotel, for student access to “both front-door and back-of-the-house operations.” Then there are dozens of outdoor activities, in and around Morgantown, that students can learn from.

Tourism brings in billions of dollars to West Virginia each year. From bread and breakfasts to the ski industry, the Hatfield-McCoy Trail to the Greenbrier. The degree will prepare students to take on all sorts of tourism employment.

WVU will be one of only 40 or so accredited schools in the U.S. to have a hospitality degree program.

WVSP Step up Patrols During the Holidays

No matter where you are headed between now and the beginning of the New Year, expect to see extra police out on the road.

West Virginia State Police say they are beefing up patrols.

They will be watching for distracted driving.

Troopers say they will also be looking for drivers under the influence of drugs or alcohol.

"Our Director of Traffic came up with a very targeted approach to DUIs this year," West Virginia State Police Sgt. Michael Baylous said. "It focuses on areas where we saw more DUIs and more fatalities and try and distribute the overtime money based on a lot of that information."

The number of fatal accidents are down this year in West Virginia.

At this point, troopers say there have been 40 fewer people killed in crashes compared with last year.

W.Va. post specialty crop grant online survey

The West Virginia Department of Agriculture is asking farmers and consumers to weigh in on its Specialty Crop Block Grant Program.
  
Officials say that the state is expected to be given an additional $210,000 to be distributed during a competitive grant process beginning in January.
  
Agriculture Commissioner Walt Helmick says the online survey gives farmers and consumers the chance to weigh in on the projects that are most important to them.
  
Since 2009, the program has awarded more than 100 projects and more than $1.1 million into development of the West Virginia specialty crop industry.
  
In addition to fruits and vegetables, the program supports value-added products, honey, maple syrup, nuts, as well as landscape and nursery products.

First-class Stamps to cost 49 cents as of January 26th

The cost of mailing a letter is a month away from increasing by three cents. That means the rate will be 49 cents for a first-class stamp.

But many consumers won't have to pay the extra cost immediately. That's because 'forever stamps' can be purchased at the lower price until the new rate is effect Jan. 26.

The temporary rate increase will remain in effect only until the Postal Service can recoup $2.8 billion in losses. The independent Postal Regulatory Commission rejected a request to make the price hike permanent.

Bulk mail, periodicals and package service rates will rise 6 percent. The new price of a postcard stamp, raised by a penny to 34 cents in November, also is effective next month.

The post office has been hit hard by declining mail volume because of the recession and growing Internet use. It also struggles because Congress requires it to prepay $5.6 billion annually for the health care costs of future retirees.

Sentencing of former Mingo County, WV judge delayed until April

The sentencing of a former Mingo County circuit judge has been pushed back to next spring.

Michael Thornsbury was scheduled to be sentenced Jan. 13. Court documents show that U.S. District Judge Thomas E. Johnston on Monday granted a prosecution request to delay the proceeding.

Thornsbury's sentencing is now set for April 21, 2014.

Federal prosecutors sought the delay to given them more time to investigate information Thornsbury provided in a corruption probe.

Thornsbury pleaded guilty in October to a federal conspiracy charge and resigned from the bench.

He faces up to 10 years in prison and a $250,000 fine.

WV State Police has a new app

 

The West Virginia State Police now has its very own smart phone application to assist in fighting crime.

“We are really excited to have this app,” said State Police spokesman Sgt. Michael Baylous.

The goal of the app is to enhance the communication between the West Virginia State Police and the public.

Baylous said the new tool offers many helpful features.

“It allows you to keep in contact with our Facebook, Twitter, our website, the Sex Offender Registry and Detachment information,” he said.

The new app can also help the public locate the nearest Detachment by using the GPS on their phone. On top of that the app allows the department to get information out quicker.

“It gives us the opportunity, if we need to, we can send out blast messages which would be beneficial if there was a Amber or Silver Alert or event just some information we wanted the public to be aware of and know about,” Baylous explained.

The State Police could send out messages containing information regarding major criminal incidents or, for example, the vehicle description of a car being driven by a suspect.

However, department officials remind people that they should not be using the app while driving, but rather pull over to the side of the road where it is safe to do so.

Baylous said this tool is going to be a great benefit to both the public and the department, but admits they are going to need to public’s help to get the maximum potential from the app.

“This is new, it’s a work in progress and if the public has any suggestions or comments for improvements, we will gladly listen to those,” he said.

The app can be downloaded for free at the iStore for Apple products and at the Google Play Store for Android devices.

Arrest Made in Lincoln County Drug Bust

A routine patrol led to a drug bust in Lincoln County.

Deputies say, They pulled over Ricky Runyon on Upper Big Creek Road on Sunday.

They say they found marijuana and 20 hydrocodone pills in his car along with packaging materials needed to sell the marijuana.

He was arrested on DUI and other drug charges.

One Hurt, Another Arrested following Stabbing in Mingo County

A fight in Mingo County ended with one man arrested and another in the hospital in critical condition.

Investigators say David Manns stabbed Joseph Harmon in the neck following an altercation at the Miner Mart in Taylorville, W.Va. Harmon suffered an 8-inch slash from his throat to the base of his neck.

Manns was arrested by West Virginia State Police on a malicious wounding charge and turned over to the custody of the Mingo County Sheriff's Department. He was then booked in the Southwestern Regional Jail.

Harmon is being treated at a Huntington area hospital.

10 Year Old Dies from Accidental Shooting

A mother continues to be in utter shock after the accidental shooting death of her 10-year-old daughter.

Lindsay Thomas says Payton Thomas died Sunday night after injuries from a gunshot.

According to Kanawha County deputies, Thomas and a 9-year-old friend was playing along Pentacre Road near Quick on Sunday evening. Police believe the young boy accidentally shot Thomas, though they are investigating to determine whether criminal charges will be filed.

Thomas says Payton and the boy who accidentally shot her had many play dates before this incident happened, but only at the boy's mother’s home. Sunday was the first time Payton went to the boy's grandfather's home.

Deputies have not released the name of the other child involved.

Two arrested in Logan County armed robbery

Two men are in jail after robbing a Logan County restaurant Monday.

West Virginia State Police Troopers said Michael Ray Hughes, 31, of Mount Gay, walked into Janet’s Park and Eat Restaurant on Riverview Avenue in Mount Gay armed with a gun and demanded money.

He then jumped into a Chevy Cavalier being driven by Roy Belcher and fled the scene.

The the vehicle was pulled over just a short distance from the restaurant and both men were arrested.

Hughes is charged with armed robbery and Belcher with being an accessory after the fact.

Four injured in Wyoming County fire

Firefighters in Wyoming County said four people were injured when a house caught  fire Saturday morning in Mullens. A total of nine children and adults lived in the house on Broadway Drive.

One of the injured was an infant who was taken to the burn unit at Cabell Huntington Hospital after suffering burns to the face and hands. The child is in critical condition.

There was no word initially on what started the fire. The Red Cross is helping the family find temporary living arrangements.

Health Plan Sticker Shock Ahead for Some Buyers

Many people without health insurance have been sizing up policies on the new government health care marketplace and making what seems like a logical choice: They're picking the cheapest one.

Increasingly, experts in health insurance are becoming concerned that many of these first-time buyers will be in for a shock when they get medical care next year - and discover they're on the hook for most of the initial cost.

Monday is a key enrollment deadline for the health law. The prospect of sticker shock after Jan. 1, when those who sign up for policies now can begin getting coverage, is seen as a looming problem.

Counselors who have been helping people choose policies say many are focused only on the upfront cost, not what the insurance companies agree to pay.

10 Year Old Girl Undergoes Surgery After Accidental Shooting

A ten-year-old girl accidentally shot during target practice is now undergoing surgery.

It happened about 5:30 p.m. Sunday on Pentacre Road near Quick, W.Va.

Sheriff's deputies say the girl and a nine-year-old boy were target practicing with a shotgun near a creek when the shooting happened.

The girl's arm and chest were injured. She was taken to CAMC General where she was taken into surgery.

There's no word on her name or condition at this time

Second home invasion in Logan County, WV in same weekend; four people arrested

Four people are behind bars in Logan County, WV for their role in a home invasion. This is the second home invasion that has happened in same county this weekend. 

Michael Adkins 31 Huntington, WV; Clarissa Adkins 26 Huntington, WV; Shawn Carter 23  Huntington, WV and Tometa Serfass 47 Huntington, WV were booked into the West Virginia Regional according to a report released by troopers at The West Virginia State Police (WVSP). 

Troopers with the WVSP say Michael Adkins and Carter were charged with robbery, grand larceny, burglary, conspiracy and possession of a controlled substance with intent to deliver. Clarissa Adkins and Serfass were charged with accessory after the fact.

At 10:38 p.m. on Saturday, Dec. 21 troopers received a report of a robbery at Route 16, Kistler Apartments in the Buffalo Creek, WV.

WVSP troopers say shortly after receiving the report they were able to locate the suspect's vehicle.  A search of that vehicle turned up a large amount of pills and cash.

The investigation is continuing at this time. There is no word on whether additional charges will be filed against the suspect.

Red Cross looking for gifts of blood

Officials with the American Red Cross want you to give blood this holiday season.

“We know the holidays can be hectic, but it takes a little more than an hour of your time (to donate blood) and it could help up to three patients,” said Marianne Spampinato, communications manager for the American Red Cross.

Spampinato said, every two seconds, someone in the U.S. needs blood, no matter the season.

“There are a whole lot of reasons why people need blood,” she said.  “Especially this time of year, with more people on the road, we want to be prepared for traumas that may take place.”

On average, the Red Cross must collect 15,000 pints of blood every day to meet the needs of patients at approximately 2,700 hospitals and transfusion centers across the country.

In recent weeks, Spampinato said they’ve seen a decline in donations across West Virginia which she attributed to a combination of packed schedules, winter weather and illnesses like the flu since people who are sick cannot donate.

Between Dec. 24 and Jan. 3, those who donate blood at an American Red Cross drive will receive a two ounce brick of coffee and a coupon redeemable for one free pound of coffee from Dunkin’ Donuts while supplies last.

To find a blood drive, you can go online to www.redcrossblood.org or call 1-800-RED-CROSS, 1-800-733-2767.

Logan BOE could take up Hatcher incident tonight

The Logan County Board of Education meets Monday night and is expected to take up the controversy involving Logan High basketball coach Mark Hatcher.

Hatcher was charged with battery on a police officer and assault on a police officer after going on the floor at Chapmanville High School when a fight broke out between players from Logan and Scott.

The Chapmanville officer alleges Hatcher forcibly pushed him away. Hatcher has said he was following national rules which allow him to go onto the floor to defuse a situation.

The Logan County Board of Education has called the situation an unfortunate incident that needs a quick resolution. Hatcher has continued to coach and teach since the incident.


The Logan County school superintendent has pointed out Hatcher was neither penalized nor ejected from the game.

Police Investigating Series of Copper thefts in Wise County, Va.

Nearly 250 Verizon customers in Pound, VA have been left with no phone or internet service due recent copper thefts that occurred on 4 different occasions over the past 18 days.

Verizon officials say the public's safety is at risk - due to not having access to 911.

"These thefts needlessly put people's lives in danger and cost thousands of dollars to repair," said Marlon Gunter, Verizon's area customer operations manager for southwest Virginia. 

"When phone lines are cut, citizens lose an important avenue for calling 911 and other emergency services. This loss of emergency communications can also result in injury or worse due to delayed response."

Verizon says it's had nine cases of copper thefts in Wise County this year alone.

If you have any information on the copper thefts call the Wise County Sheriff's Office at 276-328-9647. If you see any thefts in progress call 911.

W.Va. 150th Celebration Cost Nearly $140,000

The West Virginia Sesquicentennial Commission spent $138,285 for a four-day celebration of the state's 150th anniversary at the Capitol.

According to reports, the largest expense was a 3-D movie that was projected onto the Capitol facade. The state paid $50,000 of the movie's $175,000 cost.

The remainder was paid with private donations.

Other expenses included $21,400 for souvenirs and $21,000 for musical entertainment.

The celebration in June also included nightly fireworks, a parade and a car show.

The commission also provided $233,000 in grants to other celebrations across the state.

Judge denies dismissal in civil case against former Mingo County judge

A judge ruled Wednesday that a former Mingo County judge was properly served in lawsuits filed by his ex-secretary's husband.

Kim Woodruff, Michael Thornsbury's former secretary, and her husband, Robert, filed separate lawsuits against the judge and several other public officials and entities in September.

Federal prosecutors claim Thornsbury tried to frame that secretary's husband because Thornsbury was romantically involved with his secretary at one point.

A process server for Robert Woodruff delivered documents to Thornsbury's house in Williamson in October, making contact with his wife, Dreama.  Thornsbury filed a request to dismiss the suits, claiming he wasn't property served because he had moved out of the house several days before.

U.S. District Judge Copenhaver issued an order denying Thornsbury's request to dismiss the lawsuit and to quash the process server.

"Mr. Thornsbury lived in the residence until two or three days prior to the [server's] visit," Copenhaver wrote in his order, dated Dec. 18. The federal judge also noted that, "Mr. Thornsbury has received actual notice of this action inasmuch as he has sought dismissal...the quashing of this service would under these circumstances would only result in delay and unnecessary expense."

In Nov., Thornsbury's request to have a civil suit filed by his ex-secretary dismissed was also denied.

Pup Shot with Arrow in Logan County

A dog is recovering after it was shot through the shoulder with an arrow.

A stray black lab believed to be about five months old was found by neighbors in the Robinette area of Logan County Wednesday with an arrow penetrating through its shoulder.

Michelle Starr with the Paws Squad, an animal rescue group in Logan County, picked the dog up and took it to a vet in Williamson.

Neighbors believe the dog was used as target practice.

Dr. Michael Koch at the Tug Valley Veterinary Clinic says they performed surgery for three hours Wednesday evening.

Since the surgery, the dog has been eating, drinking and putting weight on the injured limb, the vet said.

"The dog is young and resilient," Koch said. "He's a lucky dog. I didn't expect him to ever walk again."

Koch says the wound is infected and the dog will remain at the clinic for at least a few more days as they continue to treat the infection.

Authorities have been notified and are investigating.

Madison Creek Road reopens

Residents in one Logan County neighborhood can now go home again.

Officials with the Division of Highways reopened the section of Madison Creek Road near Lyburn late Thursday evening. The road closed last week following a massive mudslide.

“It was huge.  It was a whole mountainside really,” said Brent Walker, spokesperson for the state Department of Transportation.  “What started out as just a pretty major slide became even larger with every raindrop, it seemed.”

A contractor, hired by the state Division of Highways, has been working since Dec. 9 to clear the slide, in an area near Route 10 that completely cut off access to a community of 70.  Last week, 40 people were evacuated from their homes using the Guyandotte River.

Walker said a process called “yo-yoing” was used to clear the slide, which some residents have blamed on construction on Route 10.

“They take a larger vehicle up at the top and they use their winch and they use these bulldozers, up the side the hill, to go ahead and push things down,” he explained.

The road that drivers are now using is a temporary road replacement and DOH officials said flaggers would be stationed along the route to help with traffic.

Work is scheduled to begin soon on a permanent fix, a causeway across the Guyandotte River. The DOH announced Thursday the construction would take about three weeks and crews would work during daylight hours 7 days a week with the exception of Christmas and New Year’s. The estimated cost is $1.7 million. The DOH said the low-level bridge would be in place for less than a year.

Patriot emerges from bankruptcy

More than 17 months after first filing for bankruptcy, Patriot Coal is getting a fresh start.

On Wednesday, company officials said Patriot had closed on its exit financing, completed the rights offerings and officially emerged from Chapter 11 bankruptcy.

“We look forward to a new beginning as a well-capitalized company providing a competitive product to the electric utility and steel industries,” said Ben Hatfield, Patriot chief executive officer, in a statement.

Earlier this week, the U.S. Bankruptcy Court in Missouri approved Patriot’s plan of reorganization which was the final step in the process.

Patriot first filed for bankruptcy in July 2012.  Since then, company officials have worked streamline the company’s operations to put it back on solid financial footing.

A key part of that work was reaching an agreement on health care benefits for retirees, including those who had formerly worked for Peabody Energy.

Panel Recommends replacements for 2 W.Va. Judges

An advisory panel is recommending two Mingo County public defenders as potential candidates to replace former Circuit Court Judge Michael Thornsbury.

The Judicial Vacancy Advisory Commission submitted the names of Teresa McCune and Jonathan Jewel to Gov. Earl Ray Tomblin on Tuesday.

These recommendations come after seven people interviewed to fill the seat in Mingo County.

The commission also recommended Deloris Nibert to replace former Putnam County Family Court Judge William Watkins. Nibert was the only applicant for the position.

Thornsbury pleaded guilty in October to a federal conspiracy charge and resigned from the bench.

Watkins resigned in November. The state Supreme Court had suspended him in March until the end of his term in 2016.

]He was accused of delaying rulings, screaming and cursing at litigants, and failing to enter domestic violence orders into the state's tracking system.

According to state law, Tomblin can choose one of those names or pick a replacement of his own.

572 DUI arrests made in six states

572 arrests were made involving DUIs in six states.

According to a news release issued by the West Virginia State Police, state police in Indiana, Kentucky, Michigan, Ohio, Pennsylvania, and West Virginia joined forces in a campaign called the 6 State Trooper Project, in which they made 572 arrests on major interstates over a three day period of Dec. 6-8, 2013.  This was made in an effort to combat impaired driving.

According to a statement issued by Colonel C.R. "Jay" Smithers with the West Virginia State Police:

"The West Virginia State Police continually works hard to inform the public of the dangers of impaired driving by participating in highway safety programs such as the 6 State Trooper Project and conducting sobriety checkpoints throughout the state. Those who choose to become impaired have numerous options available to them rather than getting behind the wheel of a vehicle. Among those options include the use a designated driver, calling a cab service, or simply staying where they are until they sober up. However, too often we see media reports tragically detailing how yet another impaired driver has ruined their life or the life of some innocent, unsuspecting person. As a police officer, there are few things worse than having to deliver a death message to the families left behind as a result of such inexcusable behavior."

Madison Creek Road in Logan County to reopen Thursday

Logan County residents who were unable to leave or return to their homes after a mudslide last week will soon gain access again.

The state Department of Highways is set to reopen Madison Creek Road near Lyburn to residents Thursday at 5 p.m., more than a week after it was first shut down due to several mudslides covering the road. 

A contractor, hired by the state DOH, has been working since the initial slide to repair the unstable hillside and clear off the roadway once again so traffic could travel through the stretch safely.

Thanks to the resources available, the contractor was able to scrape the hillside down to the original grade for the length of the slide. Flaggers will be placed along the route, so residents may face temporary delays as they work to control traffic flow in and out of the area.

As the work to reopen the roadway progressed, the Logan County Emergency Ambulance Service Authority used a boat to evacuate 40 of the 70 residents who were stranded by the mudslide by way of the Guyandotte River.

Crews have continued to carry supplies by boat to residents who remained at their homes as well as carry residents to and from their houses. The DOH paid for temporary housing and transportation for residents who were evacuated.

The DOH is unsure exactly how long it will take to permanently repair the roadway. They plan to release more information regarding the project as the information becomes available.

Students in Chapmanville, WV collect toys for area children

Students in Chapmanville, WV are getting in on a countywide effort to make certain all children in their communities have new toys to play with Christmas morning.

A JROTC program was recently launched at Chapmanville Regional High School. Students participating in that program wanted to become more involved. So they and other classmates have formed a Junior LEAD organization. It is modeled after the LEAD program that currently conducts numerous outreach efforts in Logan County.

Junior LEAD's first big project has been to help with the Operation Santa toy drive. Students and faculty teamed up to collect toys to contribute to the effort. They have also helped by wrapping hundreds of toys.

Over 250 toys have already been delivered to the Chapmanville Fire Department. Trucks will be going out into the community in the days leading up to Christmas to distribute the toys. Some of the toys will also be taken to the local bus garage. Drivers will help to deliver them to other parts of the Chapmanville area.

The Operation Santa effort involves numerous groups throughout Logan County. They plan to reach their goal of blanketing every community in the county with new toys.

More toy donations are still needed. If you would like to contribute call 304-896-8551.