Guard unit placed on active duty

Thirty soldiers with the West Virginia National Guard have been activated for deployment.

The Guard announced Tuesday the 863rd Military Police Company based in Glen Jean in Fayette County would be leaving for Guantanamo Bay, Cuba this weekend.

A send-off ceremony for the soldiers and their families is scheduled for Saturday, May 3, at 1:00 p.m. at the Fayette County Memorial Building in Fayetteville.

Coal Company Cited for Fatal Mine Accident

Federal investigators say the operator of a Marshall County coal mine where a worker was killed didn't ensure that safe work procedures and policies were in place.

The U.S. Mine Safety and Health Administration cited McElroy Coal Co. for the accident that killed 62-year-old Roger R. King in October 2013.

King was hit in the head by a roller and hook that was being used to pull a conveyor chain across a longwall face at the McElroy Mine.

The agency says management failed to ensure that workers are in a safe location when tension is applied to cables. Managers also failed to ensure that attachments are made in a safe manner when heavy loads are pulled with ropes.

Negotiations set between ARH Officials and Union Wednesday

Appalachian Regional Healthcare officials and a labor union hope they can reach a contract agreement.

Hospital and Union officials are expected to meet Wednesday in Lexington at 1 p.m.

If they do not come to an agreement by midnight Wednesday, nurses would then go on a 24 hour strike.

The Southern United Nurses/National Nurses United Labor Union issued the notice last week.

Only ARH Hospitals in Hazard and Beckley, West Virginia will be affected.

Island Creek project could bring peace of mind

A number of elected officials gathered in an area of Logan County Monday to dedicate what they hope will be the end of flooding in a past disaster zone on Island Creek. Mitigation work is finished on an area from Mud Fork to Ellis Addition where for years residents have worried when clouds gathered.

“When your home or businesses is flooded, that’s your livelihood,” said Gov. Earl Ray Tomblin. “We’ve watched that for so many years and we’ve got the opportunity now when a heavy rainstorm comes people can rest at night and they don’t have to worry like they did before.”

Contractors under the guidance of the U.S. Army Corps of Engineers and U.S. Soil Conservation Service tackled the area at the confluence of several creeks, including the most flood prone, Island Creek and the Guyandotte River.

The project widened Island Creek from 40 to 80 feet for a 3,600 foot section which ended at the confluence with the Guyandotte. A giant sandbar was dredged out and replaced with a concrete structure to hold off water. The project included the installation of a flood warning system.

“This is going to repay itself many times over,” said Third District Congressman Nick Rahall. “When people look to move into an area, that’s what they look for. Are they going to be in a secure and safe environment to raise their family or conduct their business?”

According to State Senator Art Kirkendoll the project already prevented 7 floods after heavy rain even before the project was completed.

New Guard center to serve southern West Virginia

The West Virginia National Guard said Monday its latest Guard Readiness Center on the Logan-Mingo County line would also serve as space for community events.

“It’s a 47-thousand square foot assembly hall,” Guard spokesperson Lt. Col. Melissa Shade said.

Gov. Earl Ray Tomblin, state Adjutant General Jim Hoyer and others were on hand for the ceremony Monday in Williamson. The center will be built near Holden.

Shade said besides the assembly hall the center will feature education rooms, a gallery place and 3,360 square foot storage building.

Adjutant General Hoyer said this is just the recent project that further helps the National Guard.


“This is just another example of us taking care of our soldiers,” Hoyer said in a prepared statement. “Our men and women deserve the best training facilities we can offer and this building will be an example of that.”

SBA Grants Mingo County Funds to Renovate Burch High School

The School Build Authority awarded millions of dollars to Mingo County schools to renovate the former Burch High School, which now houses Pre-K through 8th grade.

The county superintendent originally asked for $9M, but the SBA only gave the county $8.5M during a meeting Monday. The superintendent says he will work with the construction crew to hopefully come up with a plan to make up the difference in funding.

This is the fourth time, they have asked for money for the project.

Mingo County will get the money in July.

Freedom Industries: Fees “Appear to be Large” after spill

The company at the center of West Virginia's chemical spill says costs of $1.9 million accumulated since the January leak "appear to be large," but are justified.

Freedom Industries Chief Restructuring Officer Mark Welch wrote in bankruptcy filings that despite the price tag, the court should let Freedom make the payments through March 31 for contractors. The costs include environmental cleanup, legal fees, consulting and more.

Freedom filed for bankruptcy eight days after its tank leaked chemicals into the water supply for 300,000 people. Dozens of businesses and individuals sued Freedom, but the lawsuits are frozen during bankruptcy proceedings. Restaurants filed many of the suits, claiming they lost profits amid a water-use ban lasting four to 10 days.

Welch wrote that some contracted work helped minimize other costs.

New Housing Development Planned in Poca, W.Va.

A new housing development is coming to the town of Poca.

Poca Mayor Jim Caruthers said the development will be called Shiloh Estates. About 65 single family homes will be built in Poca.

According to Caruthers, it will be the most construction that Poca has seen in more than 40 years.

"It'll be a big impact," Caruthers said, explaining schools, businesses and residents will benefit.

There's no word yet on when construction will begin.

Wayne County Schools to get $18 Million for Schools Projects if Bond Passes

Wayne County Schools could get millions of dollars for new schools, if voters approve a school bond next month.

The School Building Authority approved a plan Monday to give Wayne County $18M to help the county replace Crum and Ceredo-Kenova schools. Under the plan, the county would build a new Crum Pre-K through 8th grade school and a Ceredo-Kenova Pre-K through 5th Grade school.

SBA Officials say the county would get the money over two years.

If the bond passes May 13, the county would get $8M the first year, then $10M the next year. The SBA money would match the $18M that would be generated from the county's school bond.

If the bond passes next month, the SBA money will be available in July.

Trooper resigns amid Mingo corruption case

The West Virginia State Police announced Friday veteran trooper Brandon Moore has resigned his position. Moore was assigned to the Williamson detachment and was implicated in the ongoing federal investigation into political corruption in Mingo County.

A federal indictment against former Mingo County Circuit Judge Michael Thornsbury named Moore.  The indictment alleged Moore was involved in a plot to arrest Robert Woodruff on fabricated charges. Woodruff is the husband of Thornsbury’s former secretary. Investigators claimed the plot was an effort by Thornsbury to rekindle a past relationship with the woman.

Moore, who was named State Police Trooper of the Year in 2010, later transferred to the Beckley Detachment.  He had been on administrative leave since August when the allegations came to light. State Police had been conducting an internal investigation into the case and announced his resignation on Friday. State Police Spokesman Mike Baylous offered no reason or time for his departure from the agency.

Nurses to strike 1 day in Hazard, Beckley, W.Va.

Registered nurses are planning a one-day strike at two hospitals in Kentucky and West Virginia operated by Appalachian Regional Healthcare.

The National Nurses United labor union issued a news release in which the nurses said they will strike May 1 to protest hospital demands that include what nurses see as unsafe work loads, the extension of a wage freeze and health coverage cuts.

Affected hospitals are Appalachian Regional in Hazard and Beckley Appalachian Regional in Beckley, W.Va.

ARH said on its website the company will do what is necessary to continue "quality service to patients." The company also said it has filed unfair labor practice charges with the National Labor Relations Board against the Southern United Nurses/National Nurses United for alleged failure to bargain.

WVSP Arrest Man in Connection with Child Porn Investigation

A man accused of possessing and offering to distribute child porn is now behind bars.

Ronnie Naylor, 57, was arrested Friday on ten counts of distribution, possession and exhibiting of material depicting minors engaged in sexually explicit conduct.

Naylor was arrested during an undercover operation by the West Virginia State Police Crimes against Children Unit.

The computer was located at a home on Quick Road in Elkview.

Troopers searched the home back on April 10. When looking through the evidence, they found about 135 child pornographic videos.

Naylor is now in the South Central Regional Jail. Additional charges are pending.

Groundbreaking Set for new WV National Guard Readiness Center

A groundbreaking ceremony has been set for a new WV National Guard Logan Readiness Center.

The ceremony is set at the construction site, which is actually in Mingo County at the Wood Products Industrial Park in Williamson.

Governor Earl Ray Tomblin, along with West Virginia National Guard Adj. Gen. James A. Hoyer, local legislators and representatives from the congressional offices will be on hand to put the first shovels in the dirt.

The ceremony is set for Monday at 2:30 p.m.

Flood Protection Project to be Dedicated in Logan

A major project to protect an area prone to flooding is being dedicated, Monday.

Governor Earl Ray Tomblin announced the Island Creek Flood Protection Project dedication ceremony for Monday at 11:00 a.m. beside Shoney's.

The project includes doubling the width of Island Creek from 40 feet to 80 feet for a distance of 3,600 feet from where it meets with the Guyandotte River.

It also includes removing a sandbar and implementing a flood warning system.

The project has been in the works since 2007 when the first phase started.

Experts say it will protect more than 250 homes and businesses from flood damage.

The price of the project has changed several times over the years. It was awarded a $6 million boost from the U.S. Army Corps of Engineers back in 2012.

CWA-Frontier agree to fifth contract extension

The Communication Workers of America and Frontier Communications have agreed to a fifth contract extension.

The latest extension was set to expire Friday but the union announced Thursday evening it’s been extended to May 31, a 37-day extension.

The contract, which originally expired Aug. 2, 2013, covers 1,600 Frontier workers in West Virginia. Health care has been a big sticking point during negotiations.

“We continue to make progress at the negotiating table,” said CWA International Representative Elaine Harris in a prepared statement. “The extension alleviates some of the pressure on everyone involved and it allows us to keep the focus on the issues important to our members, not an upcoming deadline.”

State announces additional grant money to help laid off miners

Gov. Earl Ray Tomblin announced Thursday WorkForce West Virginia has received an emergency federal grant for $5.6 million to help coal miners who have lost their jobs.

The governor said the money would help pay for the re-employment services and job training opportunities for 700 mine workers.

“Layoffs and mine closures are frustrating for our miners and their families – they depend on their jobs to keep food on the table and a roof overhead,” the governor said in a news release.

The announcement came a day after Patriot Coal issued a WARN Notice saying it would lay off at least 100 workers at two mining complexes in Boone County.

“This additional funding extends the grant through December 31, 2016 and will allow continued reemployment and retraining services to coal miners impacted by mass layoffs and mine closures,” said Russell L. Fry, acting executive director of WorkForce West Virginia.

Kanawha County School Board Prepares for Emergencies

Several schools in Kanawha County will be getting some help with making sure the lights stay on in an emergency.

School Board members approved the funds for the purchase of new generators on Thursday night.

Pinch Elementary, Herbert Hoover High, and Sissonville Middle Schools will be receiving them.

Not only will this help during the school day but also if there is a major emergency and the community should need a safe spot.

"In areas when power goes down and schools are used as centers, like rescue centers for people to get food and shelter, we could have a generator and that school could continue to run so the community would have a place to come to," explained Kanawaha County Superintendent Ron Duerring.

The generators were purchased through a Community Participation Grant. 

ATV Rider Arrested after Police Chase

A police chase with an ATV ended with a crash in Putnam County, West Virginia.

Deputies say they spotted Shawn Harmon on an ATV on Route 62 near Buffalo.

When deputies tried to stop him, they say he took off and went down a side road.

Harmon crashed his ATV.

He suffered minor scrapes and bruises.

Deputies arrested him and charged him with fleeing and driving on a revoked license.

Population Changes in Charleston could Alter City Council

Population changes in Charleston mean some big changes are in store for way neighbors are represented on City Council.

On Wednesday night, council's committee on redistricting discussed a proposal to eliminate one of its 21 wards -- leaving only 20 wards.

City officials say the ward is no longer needed because the population on the West Side has gone down, and it's on the rise in South Hills.

The proposal will be submitted to Charleston City Council for approval.

Police investigating pharmacy break-in in Boone County, WV

  

Police are investigating a break-in at a pharmacy in Boone County, WV.

According to a news release issued by the Boone County Sheriff's Office, it happened at around 3:30 a.m. Thursday, April 24, at Family Life Pharmacy LLC in Comfort.

Police are looking for two white males who are possibly in their early 20's, and the vehicle is believed to be a black or dark colored four door Sedan.

If anyone has information about this, contact the Boone County Sheriff's Office at 304-369-9913.

New coal dust rule aimed at battling Black Lung

New regulations designed to limit coal miners’ exposure to coal dust underground have been rolled out by the U.S. Department of Labor’s Mine Health Safety and Labor Administration. The new rule announced Wednesday in Morgantown intends to lower levels of exposure to coal mine dust, increase sampling and give the industry a two-year period to implement the new regulations.

“Today we advance a very basic principle: you shouldn’t have to sacrifice your life for your livelihood. But that’s been the fate of more than 76,000 miners who have died at least in part because of black lung since 1968,” said U.S. Secretary of Labor Thomas E. Perez. “I believe we can have both healthy miners and a thriving coal industry. The nation made a promise to American miners when we passed the Coal Act in 1969 – with today’s rule we’re making good on that promise.”

This final rule is part of the Labor Department’s End Black Lung – Act Now! Initiative. 
Prolonged exposure to coal dust can cause debilitating lung diseases such as coal workers’ pneumoconiosis, emphysema and progressive massive fibrosis. These diseases, collectively referred to as black lung, can lead to permanent disability and death.

According to the National Institute for Occupational Safety and Health over 76,000 miners have died since 1968 as the result of the disease.

“It’s profoundly moving to be here with miners and miners’ families who have been directly affected. Sometimes when you inside the beltway in Washington, D.C. you don’t have an appropriate feel for the impact,” admitted Perez. “You’ve got to make house calls.”

More than $45 billion in federal compensation benefits have been paid out to coal miners disabled by black lung and their survivors. Evidence indicates that miners, including young miners, are continually being diagnosed with the disease.

“Rather than figure out how to prevent it we deal with the consequences of the train wreck,” said Perez. “What we’re doing here is following the science and using the technologies that are out there that prevents the disease.”

The final rule:

- lowers levels of miners’ exposure to respirable coal mine dust and further reduces dust exposure by closing loopholes and improving sampling practices to better reflect actual working conditions and protect all miners from overexposures;

- increases sampling and makes use of cutting-edge technology developed for the mining environment to provide real-time information about dust levels, allowing miners and operators to identify problems and make necessary adjustments instead of letting overexposures languish; also requires immediate corrective action when a sample finds an excessive concentration of dust; and

- has a common-sense phase-in over a two-year period to give the industry the time it needs to adjust to the new requirements, acquire monitoring equipment and obtain compliance assistance from MSHA.

Update on Patriot Coal Possible Layoffs

Patriot Coal announced plans Wednesday to lay off miners at two large operations in Boone County.

Patriot issued 60-day WARN Act notices for its Wells mining complex near Wharton and its Corridor G mining complex near Danville.

“What our WARN notice specifies is that we believe that at least 50 people are likely to be laid off (or) furloughed at each of those locations,” Patriot president and CEO Ben Hatfield said Wednesday.

Hatfield said the metallurgical and thermal coal markets continue to be challenging. There are nearly 850 workers at the two complexes but Hatfield said it would be “highly unlikely” that everyone would lose their jobs. He said for now it would probably be at least 100.

The Wells complex, which employs 450 workers, includes the Black Stallion Mine, CC10 Mine and Wells preparation plant. The Corridor G complex has 450 workers and includes the Hobet 21 Mine and Beth Station preparation plant.

 Hatfield said he can see metallurgical coal making a comeback by 2015 with slow recovery but there are more tough days ahead for thermal coal because of EPA regulations.

Hatfield said he knows how much the residents of the southern coalfields and their communities depend on the coal industry. 

Ambulance Destroyed by Fire in Nitro

Some residents in Nitro led firefighters to an ambulance that was on fire inside a medic station Wednesday afternoon.

It happened just before 4 p.m. Wednesday at Medic Station 32.

Metro 911 dispatchers said they were notified of the fire by neighbors who called in saying they had smelled smoke coming from the station.

When firefighters arrived, they saw flames coming from inside an ambulance.

The fire was quickly put out, and no injuries were reported.

Firefighters said the ambulance was destroyed.

The building had some minor water and smoke damage.

Investigators Looking for Pickup Truck in Case of Missing Woman

The Logan County Sheriff’s Department is looking for a red 1980s model Chevrolet truck in the search for a Logan County woman who's been missing since early February.

Wanda Fay Branham, 68, of Justice Addition, was last seen by family Feb. 7. Investigators say her family reported her missing on Feb.15.

Sheriff's deputies describe the truck as a two wheel drive, solid red short bed model with a red and silver tailgate, as well as with a sliding back glass window.

Anyone who may have any information related to this truck or the men occupying this truck is asked to call the Logan County Sheriff’s Department at (304) 792-8590.

Some W.Va. Voters Confused by Mailing; Secretary of State Says ‘Misleading’

The West Virginia Secretary of State is making voters aware of mail that could be confusing and mislead them to think they can't vote in the upcoming elections.

The mail comes from a group known as Americans for Prosperity West Virginia.

Representatives from the group said they're just trying to help more people vote.

But county clerks we spoke to said they're worried it will do more harm than good.

The mail encouraged voters to update their information before the deadline, which was April 22 in West Virginia.

They include a voter registration card and information about where to send it.

Several county clerks said they've had complaints.

They said these forms and letters could confuse people into thinking they can't vote because something may be out of date and that could hurt voter turnout.

The group said they found the names and addresses of people through consumer date and public records.

They also said they don't endorse parties or candidates.

The Cabell County Clerk said her office will always send mail in an official envelope with any notice on official letterhead.

The county clerk also said, even if your address is out of date in West Virginia, you can still vote and change it through Election Day.

Law enforcement gear up for another Take Back Day

Got unused prescription drugs in your medicine cabinet? This Saturday is the time to get rid of them. It’s a national Prescription Drug Take Back Day sponsored by the DEA and the U.S. Attorney’s Office. Here in West Virginia, Take Back sites will be set up all across the state.

West Virginia has taken part in the past seven Take Back Days. They happen once every spring and fall. So far, West Virginians have dropped off 13 tons of pills and U.S. Attorney for the Southern District, Booth Goodwin, expects at least another couple ton this Saturday.

“We’re really seeing overall a great outpouring of support and concern from citizens around the state because they recognize how big an issue this is,” according to Goodwin.

Since the program got underway four years ago, Goodwin said they’ve seen more and more prescriptions dropped off during each event. He expected that number to go down as time went on but it continues to climb. He is confident the message of the dangers of unused prescription drug pills just sitting, in a cabinet is getting out to the general public.

“Seventy percent (of abused prescription drugs) come directly out of medicine cabinets from friends and family, especially for first time users,” explained Goodwin.

The U.S. Attorney stressed getting rid of the pills will cut down on first time users and hopefully will have an impact in the number of drug abusers in the future. He said that’s especially important now that the state is starting to see more and more cases of heroine abuse.

“We’re seeing a spike in heroin and the road to heroin goes through prescription drugs,” said Goodwin.

When you drop off those drugs at one of the Take Back sites, they will be disposed of in an environmentally friendly method.

“They are disposed of properly. They’re incinerated. They taken in and they’re burned. Flushing them down the toilet has obvious environmental concerns. Throwing them away, people can pick them back out, of the garbage. We’ve seen that happen,” said Goodwin. “This is obviously the preferred method of disposal.”

To find where those drop off spots are located, log on to dea.gov for a full listing.

Yeager Airport makes more on parking and plans to shift revenues

The Yeager Airport Board is considering allocating more of its revenue from airport parking to the airport’s general budget next fiscal year in order to hold the price down for airlines that use Yeager.

The proposal would take the revenue contribution from parking from 20 percent to 25 percent. Airport Manager Rick Atkinson says that will make a difference.

“It will be about 250-thousand dollars more a year from the parking operations by increasing that by five percent,” Atkinson said.

Yeager went to more automated pay lanes at the airport’s parking garage recently. Atkinson says 80 percent of those parking there are using those automated lanes. He said four people who used to work parking recently retired and Yeager has not filled those positions.

“You don’t have to have health insurance on a credit card reader machine. You don’t have to pay them a salary. So it cut down on our costs,” he said.

Atkinson said attracting and keeping airlines is a very competitive business so it’s important to take revenue from other sources to keep those rates down.

Teen killed in U.S. 119 crash

A 16-year-old girl was killed in a single vehicle crash on U.S. Route 119 in Boone County Wednesday afternoon.

Authorities said the wreck happened at about 2 p.m. in Julian when the victim lost control and the car flipped over. She was pronounced dead at the scene.

Police are continuing their investigation.

Patriot Coal to Cut Production at 2 W.Va. Miners

By: The Associated Press, Anna Baxter Email

Patriot Coal plans to cut production at two mining complexes in southern West Virginia and potentially lay off workers.

St. Louis-based Patriot announced Wednesday that it has issued 60-day layoff notices to workers at its Wells mining complex near Wharton and its Corridor G complex near Danville.

The federal Worker Adjustment and Retraining Notification, or WARN, Act requires companies to provide notice to employees if large layoffs are possible.

Patriot employs 450 workers at the Wells complex and 397 workers at the Corridor G complex.

Patriot president and CEO Bennett K. Hatfield says in a news release that the company needs to align its production with expected sales.

"These actions are an unfortunate but necessary step to align Patriot's production with expected sales," said Patriot President and CEO Bennett K. Hatfield. "Both metallurgical and thermal coal markets continue to be challenging, with pricing at levels well below production costs at many Central Appalachian mines. Despite the savings we achieved in our reorganization, the production costs of these mines exceed today's depressed prices, necessitating these actions."

During the 60 day period, mine management at both locations will be evaluating operations and staffing to assess their ability to produce coal at a cost below projected sales prices, according to the news release.

Company leaders also say the scope of the anticipated downsizing will be communicated at the conclusion of that process. 

Jobless Rates Fall in 46 of 55 W.Va. Counties

Unemployment rates fell in 46 of West Virginia's 55 counties in March.

WorkForce West Virginia says jobless rates were unchanged in two counties and rose in seven others last month.

Monongalia County has the state's lowest unemployment rate at 4.1 percent, followed by Jefferson at 4.9 percent.

Wetzel County's rate of 12.7 percent was the state's highest, followed by Mingo County at 12.2 percent.

The state's seasonally adjusted jobless rate in March rose two-tenths of a percentage point to 6.1 percent.

Another worker fired at Arch Coal’s Mountain Laurel Complex

A second employee at Arch Coal’s Mountain Laurel Complex in Logan County has been fired in connection with a federal investigation focused on a possible kickback and billing scheme.

The firing of another Arch Coal employee was confirmed last week.

Also last week, a company spokesperson confirmed Arch Coal was cooperating with the U.S. Attorney’s Office in Charleston on the investigation into potential misconduct involving vendors and mine personnel in Sharples.

“Arch is deeply committed to maintaining the very highest ethical standards in everything we do,” said Kim Link, Arch Coal spokesperson, at that time.


Federal investigators do not typically comment on ongoing investigations.

Brush fires still problem; New River fire grows

The brush fire in the New River Gorge National River in Fayette County has grown to 130 acres.

The U.S. Park Service said an Illinois-based firefighter crew joined the efforts Tuesday. A 20-member team from Midewin Interagency Hot Shot Crew built a fire line.

The National Park Service and Mount Hope firefighters are also helping with the effort.

Before last week, Boone County Forester Charlie Spencer said it had been a fairly quiet forest fire season. But when the weather became consistently warmer with a breeze and low humidity, it all changed.

“In Boone County in just the last week, we’ve probably had more than a thousand acres burn,” said Spencer. “Before that we only had probably 200 acres in the whole season.”

Spencer said the weather was only part of the problem. The real catalyst for the jump in acreage was the cause. Out of seven fires in the past week, six were set deliberately.

“The previous fires were small debris fires where the fire got out and the fire department got there quickly,” said Spencer. “When you get into the arson situation, those are often set out in the woodlands where it’s a lot harder to contain.”

Tuesday’s rain was welcome relief to Spencer and his crew, but it’s not nearly enough for the threat to be completely eliminated.

“You could get an inch of rain today, and with the leaves off the trees like they are now, if you get 70 degrees and wind we could have fire by tomorrow evening,” he said. “It doesn’t take long at all.”


There have been approximately 617 brush fires this year in West Virginia burning 7,500 acres.

Ethics Charges Filed Against Kanawha County Magistrate

Ethics charges have been filed against Kanawha County Magistrate Ward Harshbarger, State Supreme Court Administrator Steve Canterbury said.

The charges follows allegations that Harshbarger denied Kanawha County Prosecutor Mark Plants' ex-wife a domestic violence petition.

Canterbury said Harshbarger had taken part in serious violations of the judicial code of conduct.

According to Canterbury, when Plants' ex-wife tried to file the petition through Harshbarger, he said she "shouldn't bother to give it to him."

A family court judge granted it the next day.

The complaint against Harshbarger, which was initiated in February, now goes to the judicial hearing board.

Plants' ex-wife requested the petition after her son had a large bruise on his leg. She felt he went too far when disciplining their son.

100,000 Felt Health Effects from W.Va. Spill

A local health official and a researcher estimate 92,500 to 108,800 West Virginians experienced health issues from a January chemical spill into their water supply.

The estimates by Kanawha County health officer Dr. Rahul Gupta and researcher Andrew Whelton greatly exceed reports of people who sought care possibly caused by chemical exposure. In the two weeks following the spill, 533 people went to the emergency room and 26 were hospitalized with symptoms resembling chemical issues.

Gupta and Whelton had different, but similar, estimates for the spill's health impacts. They found nearly 30 percent to 40 percent of the people with health impacts didn't seek medical attention.

Skin irritation, rashes, eye irritation, nausea and dizziness were the most common symptoms.

The spill spurred a water-use ban for 300,000 people for days.

NTSB Releases Preliminary Report into Plane Crash

The National Transportation Safety Board has released a preliminary report into a plane crash in eastern Kanawha County.

The NTSB says Lazarus and Maryann Sommers of Millersburg, Ohio left Akron Fulton International Airport at 3:13 p.m. on April 11.

According to the report, at 4:12 p.m. the pilot requested and was cleared to make a 30 degree left turn to maneuver around an area of rain.

At 4:25 p.m., the pliot initiated a left turn and began to descend. When asked by Air Traffic Control why he was devaiting from the flight path, the pilot responded that he was flying around bad weather.

A short time later, the airplane made a right turn and started heading south and southwest before radio and radar contact with the pilot was lost.

The plane's wreckage was found in a remote wooded area near Riverside.

Lazarus and Maryann Sommers were both killed in the crash.

Long-awaited US coal dust rule to be released in W.Va. by labor, mine safety officials

Top federal labor and mine safety officials are heading to West Virginia to release a long-awaited final rule on coal dust.

The announcement will be made Wednesday in Morgantown. Among those attending will be U.S. Secretary of Labor Thomas E. Perez and Joseph A. Main, assistant secretary of labor for mine safety and health. The director of the National Institute for Occupational Safety and Health, John Howard, will also discuss the new rule.

For 2½ years, the Obama administration has been working on the rule to reduce miners' exposure to dust that causes black lung.

Black lung, or coal workers' pneumoconiosis, is an irreversible and potentially deadly disease caused by exposure to coal dust.

DOH on rock slide patrol

Crews with the state Division of Highways were busy Monday afternoon cleaning up another rock slide.

It happened at shortly after noon on state Route 99 on Bolt Mountain in Raleigh County near the community of Bolt.

There have been dozens of rock slides across the state since last fall in connection with rainy weather and the severe freeze-thaw swings of the past winter.

The Bolt Mountain slide could be handled by DOH crews but several times in the last few months the DOH has had to call in contractors to finish the work on other slides.

Plants, Charleston dispute goes before judge Tuesday

Kanawha County Circuit Judge Duke Bloom has a hearing scheduled Tuesday morning on the City of Charleston’s motion to remove county Prosecutor Mark Plants and his office from prosecuting city domestic violence-related cases.

The city is concerned any cases handled by Plants while he himself faces two misdemeanor charges could put those cases in jeopardy.

Judge Bloom has ordered Plants to show why there’s no conflict. The hearing is set for 10 a.m. Tuesday.

Kanawha County Commission President Kent Carper and others await a decision on Plants from the state Supreme Court which is considering the Office of Disciplinary Counsel’s recommendation. The ODC says Plants should be suspended or taken off cases involving women and children.

Plants filed a response to the ODC’s recommendations last Friday calling them an “overreach and premature.” Plants is charged with two misdemeanors. He allegedly violated a domestic violence protection order and allegedly committed domestic battery when he spanked his son with a belt.

Brush Fires Burn 600 Acres in Boone Co.

Half a dozen brush fires in Boone County during the past week are believed to be arson, and fire foresters say they all appear to be related.

The majority of them are in the Van area. Overall, the flames have burned about 600 acres.

Investigators say they do have some suspects, but haven't questioned them yet.

Once they determine who set the fires, that still leaves the question of why.

Many of the fires started during the weekend. As of Monday afternoon, firefighters were still battling at least two of them.

Firefighter Injured Battling Brush Fire

A firefighter was hurt battling a brush fire near Amma.

The fire broke out just before 2 p.m. Monday along Lewis Station Road.

Firefighters say they believe the firefighter was suffering from heat exhaustion.

When he was checked out by EMS crews, the Walton firefighter was said to be in stable condition.

Dispatchers say the fire was near a natural gas compressor station.

Columbia Gas was on the scene to monitor the situation. There are homes near the fire, but none was in immediate danger.

By 8 p.m., crews were able to contain the fire.

Plants responds to ODC’s recommendations

Kanawha County Prosecutor Mark Plants says the state Supreme Court should reject the recommendations from the state Office of Disciplinary Counsel that he be suspended or stopped from prosecuting domestic-related cases.

Plants filed a response to the ODC’s recommendations Friday. The ODC made the recommendations because Plants faces two misdemeanor charges including allegedly violating a domestic violence protective order along with a charge of domestic battery in connection with spanking his son.

In that response filing–Plants called the ODC’s recommendations an overreach and premature. The response points toward a move made this week by Plants and his assistants to alert the circuit court of any possible conflicts of interest in domestic violence cases.

Plants has been arrested twice in recent months and both times released on his own recognizance. Plants says that shows a lack of seriousness of the charges.

Kanawha County Circuit Judge Duke Bloom is scheduled to hold a hearing Tuesday on the City of Charleston’s request to have the prosecutor’s office removed from all domestic related cases.

Wayne prosecuting attorney to appeal dismissal of murder charges for 1988 crime

Wayne County Prosecuting Attorney Tom Plymale is promising an appeal on this week’s decision from Senior Status Judge James Holliday to dismiss charges against a man who plead guilty in 1989 to killing his ex-girlfriend and injuring two men a year earlier.

A new trial for Stephen Hatfield, who has been in prison since then, had been scheduled to be begin as early as this month.

When he was granted that new trial in 2012, a federal judge questioned whether Hatfield’s competency had been adequately determined prior to his plea.  In his order this week, Holliday said trying to address competency now would be too difficult because of the amount of time that has passed.

Plymale said he plans on arguing as much in an appeal he’ll file with the state Supreme Court “as soon as possible.”  “At this point, we still have eyewitnesses available and willing to testify, so we can go forward,” he said when asked about the challenges of going to trial with a murder case more than 25 years after the fact.

Hatfield has been serving a life sentence for killing his ex-girlfriend, Tracey Andrews, and wounding her new boyfriend, Dewey Meyers, along with Roger Cox.  The shootings happened during a crime spree in May 1988 that crossed state lines and included a shootout with police near Huntington.

His release from Mount Olive Correctional Complex is being delayed to allow time for the appeal.