Court Upholds Forfeiture Against Mingo Pain Clinic Doctor

A federal appeals court has upheld the forfeiture of $88,000 imposed on a doctor who had once been West Virginia's top prescriber of pain medications.

In a one-page unanimous opinion, a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond on Monday upheld a lower court's forfeiture order against Katherine Hoover, who now lives in the Bahamas.

Authorities raided Hoover's Mountain Medical Care Center in Mingo County in 2010, and accused her of recklessly and illegally issuing hundreds of thousands of prescriptions for pain medications from the clinic. She never faced criminal charges though.

Authorities said the $88,000 in question came from mostly from a bank account populated with clinic-related funds.

Hoover said in court papers that her prescriptions were legitimate.

Man Arrested for Planning to Make Meth

LINCOLN COUNTY, W.Va. -- Sheriff's deputies have arrested a man they say was planning to make meth.

Steven Cooper was taken into custody at his home on Gue Hollow.

Deputies say he bought meth-making materials at a nearby drug store and admitted he planned to make the drug.

Deputies say someone noticed Cooper buying the supplies and called the Sheriff's Department's anonymous tip line.

Deputies say they may make more arrests in the case.

Juveniles Arrested for Tolsia High School Vandalism

Two juveniles face charges after investigators say they broke in and vandalized Tolsia High School.

The vandalism happened Tuesday night.

The Wayne County Sheriff's Office says that the juveniles broke windows, let off fire extinguishers in the gym, destroyed some television's and pop coolers, and broke windows in the drivers education vehicle.

The juveniles are in custody, but their names, ages and charges are not being released.

Wayne County Schools Superintendent Lynn Hurt says that neither of the suspects are Tolsia High students, but one is a student at another Wayne County School.

Hurt says the vandalism in the gym was cleaned up Wednesday and physical education classes were moved outside. She also says the broken windows have been repaired.

According to the Sheriff's Office, the juveniles are also connected to a break in at another location. Those details have not been released.

Prepare for a lot of traffic this holiday weekend

CHARLESTON, W.Va. – Ready to pack up the car and hit the road for the Labor Day holiday? Well, you won’t be alone. In fact, AAA predicts this could be one of the busiest travel holidays since before the 2008 recession.

“We’re forecasting over 34 million people are going to be traveling a distance of 50 miles or more from their home address. That’s great news! We’re actually calling this the highest since the recession-driven decline,” said Christina Rollyson with AAA in Charleston.

Travel by road is expected to be up by at least 4.3 percent and those heading to their destination by plane will see about a 3 percent increase in air travel.

Why the sudden uptick? Rollyson said it has to do with consumer confidence. The economy is on more stable footing, people have extra cash to spend and gas prices are down.

AAA expects travelers to spend more money this holiday compared to 2012.

“Last year [the median expenditure] was $749 per family and what we’re projecting this year is $804,” according to Rollyson.

That means more stops at the convenience store, eating out a couple extra meals and spending more on souvenirs.

As for gas prices, they’re down 25 cents here in West Virginia from 2012. The average price is $3.56 a gallon. But how much will it cost you if you’re heading out of state. According to AAA the prices are as follows: $3.58 in Kentucky, $3.55 in Maryland, $3.56 in Ohio, $3.60 in Pennsylvania and $3.36 in Virginia.

Rollyson said the heaviest traffic days for the holiday will be Friday and Monday. She urged everyone to check the fluids in their cars and their tire pressure before they set out on a Labor Day adventure.

Manchin: U.S. should not take lead in Syria

 WHITE SULPHUR SPRINGS, W.Va. — U.S. Sen. Joe Manchin said he would support limited U.S. involvement in Syria.

Manchin called Syrian leaders’ use of chemical weapons on their own people “unacceptable in any way, shape or form, but on the other hand are we responsible as a nation to be the gatekeeper for the world?”

Manchin, who spoke from the annual West Virginia Chamber of Commerce Business Summit at the Greenbrier Resort, said it’s the Arab League that should be leading the way with the response to Syria.

“We should be there to support them to clean up their own neighborhood. Whether we take control and jump in there, it just makes more of an adversarial relationship we have with the Arab world, I would be very reluctant to do that.”

Manchin has been outspoken during his time in the Senate about U.S. involvement in the Middle East. He has called for troops to be taken out of Afghanistan on more than one occasion. He said Thursday sending troops into Syria is not part of his discussion.

“I’m not for boots on the ground in any way, shape or form. The (military) strike should basically be a supportive strike that’s led by the Arab League,” Manchin reiterated.

The senator said the U.S. should consider non-military solutions.

“We can support, and should support, humanitarian aid and humane treatment of all people anywhere in the world,” Manchin said. “There are many things we can do, but going in and taking the lead is not one of them and not one we have done well.”


Manchin concluded he would have to learn a lot more about the situation before he would ever support a preemptive strike. 

Huntsman says WV poised for growth

WHITE SULPHUR SPRINGS, W.Va. — A former governor of Utah believes West Virginia will survive and thrive in a challenging economy. Jon Huntsman spoke Thursday at the annual West Virginia Chamber of Commerce’s Business Summit at the Greenbrier Resort.

Huntsman said he believes the state’s leaders are poised to improve the economic environment with coal and other products.

 “And with that will come more innovation,” the former two-term governor predicted. “Anyone who relies on one product forever without thinking about doing things differently and in new ways, developing new technologies or new modalities, is selling themselves short. No state can afford to do one thing all the time.”

Huntsman said West Virginia must have a “nimble” environment that speaks to innovation, creation and entrepreneurship.

But he added coal and West Virginia’s other energy resources still have a large role to play in the nation’s economy.

“No other country has what we have and the ability to turn it into productive economic growth, create jobs and bolstering our people,” he said.

Huntsman championed major state tax reform while in the governor’s office in Utah. He said West Virginia has done some tax reform but more would help.

“I don’t think there’s anything more important or fundamentally needed than tax reform,” he said.

Huntsman is co-chairing the “No Labels” group with U.S. Senator Joe Manchin. It’s an effort to deal with issues without party politics. The caucus has grown to 83 members.

“In order to make energy work, or the budget work or tax reform or anything else for that matter, you’ve got to have a Congress that functions properly,” Huntsman said.

The Chamber’s business meeting stretches through Friday.

Beckley correctional officer arrested on drug charges

FAYETTEVILLE, W.Va. — A Raleigh County correctional officer is behind bars facing drug charges.

Deputies arrested James Butcher and Misty Goodwin Wednesday during a drug bust at a home in the Whispering Oaks subdivision in Fayetteville.

Deputies said they found a large amount of Roxycodone pills after executing a search warrant at the home valued between $3,000 and $4,000.

The pair allegedly got the pills in Clay County and then would sell them in Fayetteville.

Butcher is a correctional officer at the Federal Correction Institution in Beckley.

Both are charged with possession of a controlled substance and conspiracy to commit a felony.

West Virginia couple to file civil lawsuits after federal indictment of Mingo County judge

The lawyer for the husband and wife allegedly wronged by Mingo Circuit Judge Michael Thornsbury and other officials says they are ready to file a list of civil lawsuits.

Attorney Mike Callaghan says he has sent notices to several public agencies informing them of planned lawsuits on behalf of Robert and Kim Woodruff.

State law requires anyone planning to sue a state agency to give notice 30 days before filing.

Callaghan said he sent notices to the state Supreme Court, the Mingo County Commission, State Police and the city of Gilbert.

Federal prosecutors claim Thornsbury had an affair with his secretary Kim Woodruff and tried to frame her husband Robert for several crimes, including drug possession, larceny and assault.

Thornsbury was indicted earlier this month.

Manchin schedules congressional field hearing in Morgantown on future of US coal industry

U.S. Sen. Joe Manchin is hosting a congressional field hearing in West Virginia next week to discuss the future of the coal industry.

Manchin chairs the Senate Subcommittee on Public Lands, Forests and Mining. It's part of the Energy and Natural Resources Committee.

He'll gather testimony on the status of coal-fired power generation, and challenges and opportunities for domestic producers. The witness list hasn't been released.

The event is set for 9:30 a.m. Sept. 4 at the Erickson Alumni Center in Morgantown.

West Virginia politicians have been publicly battling the U.S. Environmental Protection Agency over regulations they say hurt coal mining, but several Democrats sounded more hopeful after a recent visit with the new administrator.

Administrator Gina McCarthy met with Manchin and others during her first week on the job.

Appalachian and Wheeling Power rates likely going down

CHARLESTON, W.Va. – It’s now up to the state Public Service Commission to sign off on a rate decrease for Appalachian and Wheeling Power customers.

It’s all a part of the annual Expanded Net Energy Charge. PSC Consumer Advocate Byron Harris explained Wednesday what the agency looked for when reaching a number.

“It reflects the cost of fuel, primarily coal, that they’ve purchased, as well as power they’ve purchased from the wholesale market and revenues they get from selling it to wholesale market,” Harris said. “It’s a net of all of those factors.”

This year that adds up to $50 million surplus, meaning a rate drop for customers.

“An average residential customer will see the average monthly bill go down from the current level of $96.75 a month to $93.82 a month,” Harris said.

That $3 decrease per month is not the only decrease the PSC is considering.

“There are some other cases pending before the Public Service Commission that may allow for further reductions,” Harris said. “We just have to wait and see what happens with those.”

Those include the merger of Appalachian and Wheeling Powers, the securitization of past-due bills and the acquisition of the remaining portion of the John Amos Power Plant in Putnam County.

Harris said if all those come through, the news could be better for customers. But first the PSC has to sign off on them.

Harris hopes the PSC approves the Expanded Net Energy Charge by the end of the week. That would put the new decreased rate into effect starting Sept. 1.

Report issued on Raleigh County mining accident

WASHINGTON, D.C. — The federal Mine Safety and Health Administration has released a report in connection with a fatal mining accident that happened in Raleigh County on Feb. 7.

The accident claimed the life of Affinity Coal Company scoop operator Edward Finney. The 43-year-old Finney was crushed by the scoop after the equipment had been lifted off the mine floor by 30-ton service hoist at the Affinity Mine near Sophia.

(Read MSHA report here)

Finney and two other workers were removing trash from a section of the underground mine by loading it into the scoop and then Finney would dump the scoop onto the hoist platform, which would take the trash to the surface.

MSHA’s report said the gate safety switch on the hoist had been tampered with before the accident allowing the hoist to operate even when the gate was open.

MSHA said the automatic hoist had a ‘return to home’ feature that would operate if the gate switch was tampered with. The feature had the hoist return to the mine surface after five minutes without operator input.

One of Finney’s coworkers told investigators he yelled for Finney to get out of the scoop’s cab when he saw the hoist lift the equipment off the ground.

“He stated that Finney appeared to be falling, head first, to the mine floor about the same time the scoop bucket slipped off the hoist deck and fell to the ground, which created a lot of dust, making it difficult to see clearly,” the report said. ”(The worker) immediately ran to check Finney’s condition and found him to be unresponsive, as he was located underneath the operator’s deck of the scoop.”

MSHA issued three safeguard orders and a citation against Affinity Coal in connection with the accident.

Affinity Coal was also named in MSHA’s July inspections. The company was named in 13 citations, 10 unwarrantable failure orders and one imminent danger order.

The imminent danger order was issued when a foreman was seen riding as a passenger in the bucket of a rubber-tired scoop in a wet, rough and uneven entry. 

Airgas closes Putnam County plant

BANCROFT, W.Va. — Twelve workers at a Putnam County plant were given severance packages Wednesday after a decision by Airgas to no longer operate the facility.

Airgas Communications Manager Sarah Stockton-Brown said the company decided to close the plant near Bancroft after a review of the plant following a May explosion.

“Occasionally we have to make changes in our operations after these reviews. The facility was reviewed after limited capacity following the May event. This is not a direct result of that event, but the shutdown made it clear we were not operating at peak efficiency there,” Stockton-Brown said.

The federal Occupational Safety and Health Administration issued four serious violations earlier this month in connection with the May 13 explosion that occurred in a concrete cylinder storage bunker. Two workers suffered burn injuries. The fire sparked as the workers were releasing acetylene from some of the containers.

Airgas has officially contested the citations. There could be a hearing before the OSHA Review Commission sometime in the future. There also still could be a formal settlement.
Stockton-Brown said since the explosion the company has been sending cylinders to be refilled at alternate Airgas locations and the process has gone smoothly.


“The event accelerated the evaluation of the facility and made it clear there was a lesser need for that plant,” she said. “It would be more efficient from a cost perspective to no longer operate that facility.”

Kentucky truck driver admits to Charleston bank robbery

CHARLESTON, W.Va. — A Kentucky truck driver pleaded guilty Wednesday in Kanawha County Circuit Court to robbing a bank in Charleston earlier this year.

William Douglass Young, 40, of Louisville, told Kanawha County Circuit Jim Stucky he didn’t remember what happened on Feb. 1 at the BB&T branch in the Patrick Street Plaza but he did agree to plead guilty to second degree robbery.

In several of the surveillance videos, an 18-wheeler could be seen parked about 50 yards away. Charleston Chief of Detectives Lt. Steve Cooper previously said the detectives handling the case decided to make a phone call about it.

Young’s coworkers in Kentucky identified him after seeing the video.

Young faces 5-18 years in prison when he’s sentenced Oct. 7. He remains in the South Central Regional Jail.

West Virginia Firm Recalls Beef Jerky Products Due To Processing Deviation

 WASHINGTON, Aug. 28, 2013 – Lone Star Western Beef, Inc., a Fairmont, W.Va., establishment, is recalling approximately 109 pounds of beef jerky products due to a processing deviation, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The products subject to recall include:

• 1-oz., 3-oz. and 16-oz. packages of “Lone Star Western Beef Inc. W.V. Original Beef Jerky.” [Label]

The products were produced on Aug. 12, 2013, and bear the establishment number “EST. 19563” inside the USDA Mark of Inspection. The 16-oz. package can be further identified by the package code “081213.” 

The products were shipped to a distributor in North Central West Virginia and sold to retail stores.     

The problem was discovered by FSIS personnel during a routine verification activity. The inspector was reviewing processing records and found that the beef jerky was not processed at the correct temperature to ensure that the ready-to-eat product was safe to consume.

FSIS and the company have received no reports of illnesses due to consumption of these products. Anyone concerned about a reaction should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers. When available, the retail distribution list(s) will be posted on the FSIS website at www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases.

Consumers and media with questions about the recall should contact John Bachman, Lone Star Western Beef, Inc.’s Owner, at 1-800-332-4305.

Thirteen West Virginia mines issued citations and orders last month

 Nine coal mines and four metal/nonmetal mines were issued multiple citations and orders during special impact inspections last month by federal inspectors.

The U.S. Department of Labor’s Mine Safety and Health Administration announced Tuesday that those inspectors issued a total of 149 citations and 16 orders.

One impact inspection conducted at Affinity Coal Company LLC’s Affinity Mine in Raleigh County resulted in 13 citations, 10 unwarrantable failure orders and one imminent danger order.

The imminent danger order was issued when a foreman was seen riding as a passenger in the bucket of a rubber-tired scoop in a wet, rough and uneven entry. The Affinity Mine had already suffered two fatalities involving scoops this year.

Five of the unwarrantable failure orders were issued for violations of the mine’s ventilation plan. One other unwarrantable failure order was issued for a violation of the roof control plan where the operator did not install reflectors to signal the last row of roof supports.

The mines inspected last month are those that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns.

The monthly inspections have been conducted since April 2010 after the explosion at the Upper Big Branch Mine. 

Pharmacy to Stop Selling Certain Medication

Fruth Pharmacy took a bold stand yesterday in hopes of helping the fight against meth abuse.

Fruth pharmacies in West Virginia announced it's replacing pure pseudoephedrine (PSE), a drug used in the manufacturing of meth, with a tamper-resistant pseudoephedrine product called Nexafed.

The Nexafed tablet contains the active ingredient pseudoephedrine, similar to the popular brand-name allergy drug Sudafed. But if an abuser tries to extract the pseudoephedrine out of Nexafed to make meth, it breaks down into a thick gel that thwarts production.

Fruth Pharmacy operates 25 stores in West Virginia and Ohio.

Public Opinion Sought in ATV Traffic Proposal

Lincoln County commissioners are considering opening up more area to ATV traffic in Lincoln County, but they're seeking public opinion first.

Commissioners say they're thinking about opening McCorkle Road from Little Johns Way to Route 214, along with Route 3 from Ivy Branch to Morrisvale.

The commission said public comments are currently being accepted on the issue through letters, emails and phone calls. 

All but 1 who sued following West Virginia has pipeline explosion have settled cases

All but one of the lawsuits filed over the December gas line explosion in Sissonville have been settled.

According to reports, six of the seven lawsuits filed last month against NiSource, subsidiary Columbia Gas Transmission and individual employees recently were settled.

Attorney Bobby Warner represents the residents who filed the separate lawsuits. He says details of the settlements are confidential but that those who took the deals were pleased.

One resident, Margaret Johnson, refused to settle and will proceed with her lawsuit. She claims she was injured in the blast and that she has been unable to sell her home.

The company didn't immediately comment. Columbia said last month that it had settled with and provided compensation to more than 40 families impacted by the explosion.

With Labor Day travels ahead, pump prices dip a couple pennies in W.Va.

Gas prices fell a couple cents in West Virginia since last week, with regular unleaded now going for $3.55 a gallon.

The Triple A says that price is about a penny more than the national average, which is down 9 cents from a month ago and 21 cents from a year ago.

In West Virginia, motorists are paying about 25 cents less than this time last year. That's good news for Labor Day holiday travelers.

Across the state, pump prices range from a low of $3.44 a gallon in Parkersburg to a high of $3.80 in Martinsburg.

Geocaching event will commemorate historic Kentucky-West Virginia feud

The second annual Hatfield-McCoy GeoTrail Event will be celebrated Labor Day weekend in Pike County and West Virginia.

The event is a commemoration of the historic feud. It begins Friday, Aug. 30, with the popular Stolen Pig Roast.

The Kentucky Tourism Cabinet says interest in the Hatfield and McCoy feud has significantly increased over the last two years, due in part to the miniseries that aired on the History Channel.

Last year, geocachers from several states visited eastern Kentucky and West Virginia to take part in the event.

All of the caches along the trail are designed to be family friendly, and finders of all ages and experience levels are invited to come out for the event.

More information can be found at http://www.hatfieldmccoygeotrail.com .

Boone County Man Still Missing

BOONE COUNTY, W.Va. -- A Boone County man last seen on Wednesday remains missing, Boone County Sheriff's deputies said.

Daniel O'Neal is from the Bim area of Boone County. Deputies say he may be in a green Toyota Solara.

Investigators said the circumstances behind O'Neal's disappearance are unclear.

Meth Lab Found In Camper

SISSONVILLE, W.Va. -- Deputies are searching for a person who was cooking meth in Sissonville.

A lab was found in a camper along Bessie Lane about 2:00 p.m. Monday.

Deputies found the lab while they were serving a search warrant in an unrelated case.

So far no charges have been filed in the case.

Deputies say they are still trying to figure out who was actually cooking the drugs.

2 officers named in federal indictment against W.Va. judge also face separate federal lawsuits

Two police officers named in a federal indictment against a Mingo County judge are accused in federal court cases with other alleged misconduct.

According to reports, West Virginia State Police Trooper Brandon Moore and Gilbert Police Officer Nathan Glanden are accused in separate federal lawsuits with beating criminal suspects.

Federal prosecutors accused both officers of helping Circuit Judge Michael Thornsbury attempt to frame his romantic rival for drug possession, larceny and assault. Thornsbury has pleaded not guilty to conspiracy charges. Neither Moore nor Glanden were charged.

Moore has been suspended pending an internal state police investigation. As of Friday, Glanden remained at work.

WV foresters fight fires out west

GALLATIN NATIONAL FOREST, MT – Fifteen West Virginia foresters and firefighters are in Montana for a second week helping battle the Miner Paradise Complex blaze. So far the flames have consumed more than 11,000 acres in the Gallatin National Forest in the south central part of the state.

Ten foresters and five firefighters arrived last Monday. Leslie Fitzwater with the Division of Forestry said the conditions are difficult.

“The fires are very dangerous. It’s very hard work. It’s very hot work.”

Because the fires out west are so much different than the ones we see here in West Virginia, Fitzwater said it’s important that those who volunteer to help battle the flames out west have the proper training.

“We offer classes in West Virginia and we also train with other states to make sure our folks are certified and ready to go out and fight fires.”

In fact, Fitzwater said crews from West Virginia are highly rated by their peers.

“We always get good reviews about our crews because, of course, they’re like all West Virginians,” said Fitzwater. “They’re hard workers and they enjoy the job that they do.”

Fitzwater has been in contact with several of the foresters over the past week. She said they’re are roughing it in order to keep up with the fire.

“Sometimes they have to camp out, sleep in tents. They’re in very remote areas,” according to Fitzwater. “I’ve had some of the folks tell me that they’ll wake up and there will be a dusting off snow in the morning they’re so high up elevation-wise.”


The crew is due back early next week.

State Chamber ready for biggest meeting ever

WHITE SULPHUR SPRINGS, W.Va. – Business owners from across the state come together starting Wednesday for the 77th annual West Virginia Chamber of Commerce Meeting and Business Summit. It’s being held at the Greenbrier Resort.

Steve Roberts, the president of the chamber, said they’ll be focusing on thee main issues during the three-day event.

“We think education, economic development and job creation are the things that the business community can do the most to have an impact on and will really, really help move West Virginia forward.”

To help get the message across Roberts said they’ve invited a lot of guests to speak to the membership including Governor Earl Ray Tomblin, U.S. Senator Joe Manchin and former Utah Governor and Ambassador to China Jon Huntsman.

It will be a jam-packed three days of workshops and meetings, a chance, said Roberts, for business owners to share their own stories and learn from each other.

He stressed they’ll also focus on the business climate and the challenges facing the state from Washington D.C.

“A lot of the theme of this meeting is going to be if we can get the Obama administration to let us, we will create jobs and we’ll create them in West Virginia.”

More than 800 people have signed up for the event which Roberts said will be the largest gathering in the Chamber’s 77-year history.

Logan mother arrested after kids found home alone with no food

LOGAN, W.Va. — A Logan County mother is facing numerous charges after her four children were allegedly found home alone in unlivable conditions.

Logan County Deputies charged Kellie Odella Workman, 36, of Mount Gay, with four counts of child abuse creating risk of injury and two counts of possession of a controlled substance.

According to a criminal complaint filed in Logan County Magistrate Court, deputies responded to a call about several unattended children at a home on Thunder Road at Godby Heights around 10 p.m. Saturday. When they arrived, they found four children, ages one to 13, home alone.

Deputies said the home had no electricity and no food inside. There was also trash throughout the home. In addition, deputies said the kids had no beds to sleep on.

Workman was arrested by deputies around midnight when she came home. Deputies said they found drugs in her pockets and she refused to tell them where she had been.

The children are currently with Child Protective Services.

Man Arrested for Trying to Burn Down Girlfriend’s Apartment

CHARLESTON, W.Va. -- A fight between a couple became so heated that police say the man tried to burn down his girlfriend's apartment.

Antonio Wade, 29, has been arrested and charged with first degree arson.

Police say Wade was fighting with his girlfriend in her apartment on 6th Avenue when she asked him to take his clothes and move out.

Police say Wade took his clothes, but then set them on fire underneath the apartment.

Wade is in the South Central Regional Jail with a bond of $5,000.

Rockefeller announces $640k in grants to help W.Va. residents navigate national health care

Sen. Jay Rockefeller says more than $642,000 in federal funding is on its way to West Virginia to help residents learn about the Affordable Care Act.

The Democrat says $365,758 is headed to West Virginia Parent Training and Information to help people with limited literacy, disabilities and in rural areas. The remainder — $276,617 — is going to Advance Patient Advocacy to work with medical centers.

The Department of Health and Human Services funding is intended to help residents navigate new coverage options and enroll in health care plans under so-called health insurance marketplaces.

Rockefeller says the funding will give West Virginians the opportunity to sit down with experts to determine what best meets their needs.

3 more charged in false billing scheme involving W.Va. mines, supplier; defendants now total 7

Three more people have been charged in a false billing scheme involving Alpha Natural Resources and a major supplier.

U.S. Attorney Booth Goodwin said Thursday that the defendants have agreed to plead guilty along with four others who were charged in March.

The latest defendants are 49-year-old Ricky R. Smith of Glen Daniels, 34-year-old James Rodger Long of Beckley and 41-year-old Harold Wayne Brown of Madison.

Smith and Long are former sourcing agents for Massey Energy legacy mines. They're charged with wire fraud and aiding and abetting. Brown, a former Alpha underground maintenance chief, is charged with lying to federal investigators.

Prosecutors say the scheme involves sourcing agents, who are responsible for ordering supplies, obtaining goods for their personal use and creating false invoices to try to cover their tracks.

W.Va. prosecutor to refute claims sheriff raped man charged with his murder

Mingo County authorities are fighting allegations that former Sheriff Eugene Crum raped the man who's been charged with killing him.

Tennis Melvin Maynard is accused of shooting Crum on April 3 as the sheriff ate lunch in his parked vehicle in downtown Williamson. Maynard's father told media outlets following a court hearing this week that Crum had raped his son, providing a possible motive for the shooting. Maynard's brother said attempts to report sexual abuse were ignored by authorities.

Attempts to reach Maynard's family for comment were unsuccessful.

Prosecutor Michael Sparks says his office investigated and will dispute both claims at court, if they are brought up.

Maynard has pleaded not guilty to all charges. Jury selection in the trial is scheduled to begin Dec. 9.

Mingo PAC returns $4,700 in campaign donations to 4 W.Va. Democratic candidates

Election filings show a political action committee from Mingo County has returned $3,700 in contributions to the campaigns of four Democrats.

According to reports, Team Mingo 2012 PAC returned the money to political campaigns for Agriculture Commissioner Walt Helmick, state Sen. Art Kirkendoll, state Treasurer John Perdue and former Sen. Mark Wills.

Republican Party activist and Ohio University sports broadcaster Rob Cornelius had filed a complaint with the secretary of state's office about the contributions.

Secretary of State spokesman Jake Glance has said campaigns of active candidates cannot make donations to unaffiliated PACs such as Team Mingo PAC.

County Prosecutor Michael Sparks has said the Team Mingo 2012 PAC wasn't connected with Team Mingo, a group formed to help Democrats get elected in Mingo County.

Coal-producing Peabody cheers court ruling over retiree benefits

Coal-producing Peabody Energy Corp. is applauding a court ruling that it remains obligated to continue health-care benefits for some 3,100 retirees of one of the company's former holdings.

An 8th U.S. Circuit Court of Appeals' bankruptcy panel on Wednesday overturned U.S. Bankruptcy Judge Kathy Surratt-States' May ruling that Peabody no longer was obliged to pay the benefits. That ruling linked to the bankruptcy of Patriot Coal Corp., which Peabody spun off in 2007.

While the United Mine Workers of America union cheered Wednesday's development, Peabody says the panel didn't rule on the level of funding required to meet future obligations.

Peabody adds the court found the company was obligated to make the payments until a new labor agreement was approved between Patriot and the UMWA. That came in recent days.

Audit shows problems with Child Protective Services

CHARLESTON, W.Va. — The list of issues found within Child Protective Services, which provides help to kids who are neglected or abused in West Virginia, is long.

A legislative audit focused on CPS, which is part of the Bureau for Children and Families in the state Department of Health and Human Resources, was detailed at the State Capitol earlier this week during August interims for lawmakers.

The report found a high staff turnover, delays in investigations, shortfalls in recruiting and retaining workers and little willingness to change.

“I was appalled by it,” Senator Donald Cookman (D-Hampshire, 15) said of the audit’s findings.  Before retiring, he spent a lot of time on child neglect and abuses cases as a judge in the 22nd Judicial Circuit comprised of Hampshire, Hardy and Pendleton counties.

“It’s not really flashy and doesn’t attract some people, but it is so important and it takes up the majority of any circuit judge’s time who deals with abuse and neglect.”

At times in recent years, the audit found West Virginia has lead the nation in child deaths tied to abuse.

When cases are reported, those with CPS have 14 days to respond.  That window closes to 72 hours if a child is believed to be in danger.  However, the audit found in 2011 those minimum thresholds were routinely not met across West Virginia.

Cookman said the CPS workers should not shoulder the blame for that.  He said they’re doing one of the most difficult jobs in the state.

“They’re underpaid.  They’re overworked,” he said.  “I can’t imagine going to the places that they go to and trying to work with the families and, then when they have to take the child out of the home, what they have to go through there.”

Susan Hage, the interim commissioner of the Bureau for Children and Families, told lawmakers Wednesday the report is being taken seriously and changes are already being made based on its 14 recommendations.

One of those recommendations deals with the creation of a centralized intake system so cases of abuse and neglect can be better monitored.

The CPS review is a component of a larger review of the state Department of Health and Human Resources.

Another attempted abduction reported in Kenova

KENOVA, W.Va. — Another attempted abduction is being investigated in Wayne County.

Police said a Hispanic man reportedly tried to grab a 17-year-old girl and get her into his white SUV Thursday afternoon in Kenova.

The girl told police the man chased after her down 18th street. She was able to flee to a family member’s house nearby.

Police said this incident is not related to an attempted abduction that took place last week in Kenova.

Feds say scheme bilked millions in taxes and fees

WILLIAMSON, W.Va. — A scheme which bilked the state and federal government and Brickstreet Insurance out of millions of dollars will send at least three people to prison and more could be coming.

Jerome Russell, 50, of Williamson, W.Va. and Frelin Workman, 58, of Belfry, Ky. will soon be sentenced for their role in a monetary structuring scheme uncovered by federal investigators. Russel and Workman were the principles of Aracoma Contracting. A third individual, Arville Sargent, 52, of Chapmanville, W.Va. will also face prison time for his role. Sargent is a former field auditor for Brickstreet.

According to U.S. Attorney Booth Goodwin Aracoma officials arranged for numerous transactions at the Bank of Mingo Williamson Branch in which they withdrew cash in amounts just under the limit which required federal reporting. The cash became the payroll for Aracoma employees and helped the company avoid Millions of dollars in taxes and withholdings.

“It should have triggered reporting requirements for the bank,” said U.S. Attorney for the Southern District of West Virginia Booth Goodwin. “That did not occur.”

So far, nobody connected to the bank has been named in the investigation and Goodwin isn’t saying much about whether the probe is looking into any bank employees who may have been complicit in the scheme.

“They were able to funnel millions of dollars in cash out of the bank and use that cash to pay under the table cash payments to employees to avoid taxes and Social Security,” Goodwin said. “As well as bribe an official with Brickstreet Mutual Insurance Company to keep their workers comp premiums low.”

A federal information named Sargent as the Brickstreet official who accepted the bribe.  He faces 25 years in prison and a half million dollar fine.

The scheme would entail individuals showing up at a teller window and being presented with a cashier’s check. The check was endorsed and the individual handed precounted cash. Federal investigators said many times the checks exceeded Aracoma’s 10,000 dollar line of credit, but no currency transaction reports were filed by the bank as required by law.

“Our investigation is ongoing down there in Mingo County and I think facts will continue to emerge about this particular incident,” said Goodwin.

Logan High School library needs more books

Students at Logan High School are required to spend 20 minutes a day reading books, magazine or other materials that they enjoy. It is called silent sustained reading.

But the school's new librarian said there are not enough recreational type books to offer students needing to check out materials.

This is Lynn Mahon's first year as a school librarian. She has a few decades under her belt as a teacher.

She said while there are plenty of books for research and writing papers there aren't enough books to offer students for fun.

She put out a call to her friends and even issued a plea on Facebook. Some books were donated and she said students were asking to check them out before she had time to put them on the shelves.

"If you can get a kid to read a book then they are going to find authors that they like or genres that they like and then their test scores will go up," Lynn Mahon said.

If you have age appropriate books in good condition that you would like to donate you can take them to Logan High School and leave them at the front office.

Bridge named after veteran in Logan, WV

Edward Eiland thought he was going to a Kiwanis Club meeting. But he soon found out there was something bigger planned in his honor.

The 93-year-old World War II veteran soon learned his family and friends were waiting for him to name a bridge after him.

Eiland served with the 4th Marine Division.  He has also lived and worked as an attorney in Logan for decades.

On Thursday, the bridge near his home in Middleburg was officially named the Edward Eiland bridge.

"This man is a recipient of the Silver Star and what he did to get that, we can't even begin to imagine," said Richard Ojeda, one of many community leaders there for the presentation, speaking to Eiland. "I think it is a tremendous honor. It is an honor that you are from Logan County it is an honor that you have lived your life to elevate this county to where it deserves to be."

Some of Eiland's family traveled from out of state to attend. People he has worked with in the city and county government were there along with members of the many community groups he has been part of over the years.

"I was born here and spent my career here," Eiland said about the community he calls home. "I will die here."

Concern About School Facilities in Mingo County

MINGO COUNTY, W.Va. -- Parents, lawmakers and even school board members are frustrated with the condition of school facilities in Mingo County.

After the football field at Tug Valley was left in disarray during the summer, some are now calling out the state about the problem.

“There was a lot of issues with the field,” Delegate Justin Marcum says. “I think they were unsafe during the summer.“

Things are better, but only because of the help of volunteers.

“Some of our board members have even got out and worked on the schools done landscaping and stuff on the schools themselves,” board member Dave Farley said.

The school board says four out of five of the district's lawnmowers were broken during the summer.

And since the district is under state control, they weren't able to do anything to fix them.

“We cannot even buy a pencil,” board President Bill Duty said. “We cannot do finances. We cannot do anything that pertains to the education of a child in this county.”

The Mingo County School system has been under state control for 15 years.