Transportation Trust Fund running on empty

The U.S. Senate voted Tuesday on a bill to keep the federal Transportation Trust Fund in the black at least through Dec. 19. It’s a move to force the U.S. House to pass a bill of their own before the Aug. 1 deadline when the fund goes insolvent.

The bill would provide $8.1 billion for the trust fund. The Senate measure replaces a bill passed by the House last week that provided $10.8 billion for the trust fund extending it until next May.

Mark McConnell, the chief engineer of the Mississippi Department of Transportation and chairman of the federal Transportation Subcommittee on Maintenance, said letting the fund drop to no dollars isn’t an option for Congress.

“If the trust fund goes insolvent, we have to shut off all our projects,” McConnell said.

That’s not just Mississippi but every state in the nation.

The country’s chief maintenance engineers are in Charleston this week for the annual subcommittee meeting. McConnell explained states have been forced to cut way back on road construction because of lack of funding.

“Building a lot of capacity and building new roads has shifted to maintenance because we have to maintain what we build,” said McConnell.

He said even that will become impossible if there is no federal funds to support repair projects.

U.S. Sen. Jay Rockefeller, the chairman of the Senate Committee on Commerce, Science and Transportation, said Tuesday, “It is equally unacceptable for Congress to continue operating in a crisis waiting until the very last minute to compromise for the sake of the American people. We can no longer afford to maintain this cynical and potentially catastrophic strategy. The Senate bill will require Congress to work on a long-term deal this year, and I urge my colleagues in the House to support it. The American people deserve better, and it’s time for Congress to deliver on our promises.”

McConnell is in full agreement. He said a six-year funding plan is a must if states want to keep their roads in good repair and focus on new projects.

“From a DOT perspective, it’s almost impossible to plan if you don’t have guaranteed funding over a long period of time,” according to the maintenance engineer.

He said a problem that’s popped up in Mississippi is a good example.

“We built, what we call, the 1987 road program which is building a bunch of 4-lane highways all over the state. They didn’t put anything for maintenance in there,” said McConnell. “So we have all these new highways and no money to pay for them. It just builds a logjam of pavement problems.”

U.S. Sen. Joe Manchin said Tuesday passing a six-year trust fund program will do more than just improve roads and bridges.

“With more than 38,000 miles of public roads within West Virginia’s borders to oversee and maintain, investing in our infrastructure is one of the best ways to create jobs and boost economic development and prosperity, while also improving the conditions in our local communities,” he stressed.

The House is set to vote on some sort of transportation funding before they head home for vacation at the start of next month.

Former Mingo Judge Reports to Florida Prison

A former West Virginia judge has reported to a Florida prison to serve his sentence for a corruption conviction.

Ex-Mingo County Circuit Judge Michael Thornsbury reported Tuesday to the minimum-security Federal Prison Camp Pensacola.

Thornsbury was sentenced June 9 to four years and two months in prison. U.S. Judge Thomas E. Johnston compared Thornsbury's abuse of power to what could be expected from a "third-world dictator."

Last year Thornsbury pleaded guilty to conspiring to deprive campaign sign maker George White of his constitutional rights.

Prosecutors said Thornsbury participated in a scheme to protect the late Sheriff Eugene Crum, a political ally, from accusations that the sheriff bought prescription painkillers from White.

The Federal Bureau of Prisons determined where Thornsbury would serve his sentence.

W.Va. House Speaker Seeks to Relax Small Industry Regulation after Chemical Spill

West Virginia House Speaker Tim Miley wants Gov. Earl Ray Tomblin to limit regulation on small oil and gas operators in a law responding to a January chemical spill.

In a July 9 letter, Miley said small, non-Marcellus Shale wells are in "survival mode" and should be exempt from new aboveground tank inspections and registrations.

He says inspections could cost $2,000 per well annually.

Miley urged Tomblin to lessen the impact through administrative rulemaking. He suggested an executive order to delay the law's implementation for small wells, and a special legislative session to change it.

Spokesman Chris Stadelman says Tomblin doesn't think executive order should be used, but his environmental agency is considering options.

A January tank leak contaminated 300,000 people's drinking water for days with a coal-cleaning chemical.

Thousands Attend Coal Rally in Pa.

Thousands of people supporting the coal industry flooded Pittsburgh for a rally against stronger Environmental Protection Agency regulations.

This comes just a day before public hearings start there. They've already started in Denver, Washington D.C., and Atlanta, and many people have spoken passionately on the matter.

West Virginia is the nation's second-biggest coal producer, and Kentucky comes in at number three.

Coal supporters gathered Wednesday at the Highmark Stadium in Pittsburgh to share their concerns about job losses and higher electricity costs, from new regulations.

They were joined by West Virginia Gov. Earl Ray Tomblin, Ohio's Lieutenant Governor, other politicians and representatives from labor groups.

The proposed regulations take aim at coal power plants as the EPA looks to cut emissions by 30 percent.

W.Va. Gov. Earl Ray Tomblin said the EPA's proposed regulations would mean many coal power plants would close and the industry in our region would suffer.

The governor said 90 percent of the state's energy comes from coal.

More than 5,000 miners and coal supporters are expected to march in downtown Pittsburgh on Thursday.

Transportation funds in short supply

Road maintenance engineers from across the county hope to leave a conference here in West Virginia this week with ways to keep their highways in better repair.

The federal Transportation Subcommittee on Maintenance is holding it’s annual conference in Charleston. Mark McConnell, the Chief Engineer of the Mississippi Department of Highways and Chairman of the subcommittee, said not all states do things the same.

“I live in Mississippi. It’s flat. I come to West Virginia and there are mountains. That’s a completely different thing. So if you’re cleaning out ditches in West Virginia vs. Mississippi, it’s a different operation.”

However, the states have more in common than not. The chief concern of all state engineers according to McConnell, “Bridges and pavement are our main two things we’ve got to maintain. The economy of the United States is dependent on it.”

But what he said is most frustrating is the fact every state is working on a very limited budget.

“Our taxes are staying stagnant for federal and state funds and yet costs are going up. Something’s got to give,” stressed McConnell.

That’s why the subcommittee invited transportation experts and high tech vendors who are finding ways to do more with less. McConnell explained the work has to be done, you just have to find a way to do it.

“If you think of it like painting your house, you paint your house from falling apart, right? Well in pavement, we call it pavement preservation. You might do a chip seal. You might seal cracks that extends the life of that pavement to where it doesn’t fall apart,” said McConnell.

He said nationwide, fewer new roads are being built because more money has to go towards the upkeep of the roads states already have.

Rally to Support American Energy set for Wednesday

Hundreds of coal miners and supporters of the coal industry will be gathering in Pittsburgh, Pa. today for what’s being called the Rally to Support American Energy.

It comes a day before the federal Environmental Protection Agency’s Pittsburgh public hearing on the Clean Power Act — the proposed new carbon emissions limits for existing coal-fired power plants.

Governor Earl Ray Tomblin will be part of the event at Highmark Stadium along with Pennsylvania Governor Tom Corbett, Ohio Lieutenant Governor Mary Taylor, West Virginia Attorney General Patrick Morrisey and representatives of the coal industry and labor groups.

That rally will run from 10 a.m. to 2 p.m. at West Station Square Drive.

On Thursday, public hearings on the proposed Clean Power Act are scheduled to continue Wednesday in Atlanta, Denver and Washington, D.C.

22 miners killed in first half of 2014, MSHA proposes to impose amend safety regulations

During the first half of 2014, 22 miners were killed in accidents across the country, representing an increase in the mid-year fatality count, the U.S. Department of Labor’s Mine Safety and Health Administration announced July 28.

Machinery and powered haulage accidents were the most common cause of mining deaths, at seven and five, respectively. Four of the miners killed were contractors, and five were supervisors.

In the metal and nonmetal mining sector, 14 miners died in the first half of the year. Eight coal miners died: four in machinery accidents, two in powered haulage accidents, and two in a coal outburst.

Of the coal mining fatalities reported this year, three occurred in West Virginia: one at Mountain View Mine in Tucker County on Jan. 16, and two at Brody Mine No. 1 in Boone County on May 12.

“Mining fatalities are preventable, and they are a reminder that much more needs to be done to protect the nation’s miners,” Joseph A. Main, assistant secretary of labor for mine safety and health, said in a statement. “These deaths should serve as a wake-up call for all of us to keep safety at the forefront at all times.”

The day following the announcement, the MSHA proposed to amend its civil penalty regulation to place a greater emphasis on more serious safety and health conditions, thus providing improved safety and health for miners, according to the release. 

The proposed rule would also simplify penalty criteria used in writing citations and orders, which the administration said would reduce the number of decisions made by the inspectors, promote consistency, objectivity and efficiency, and result in fewer areas of dispute and earlier resolution of enforcement issues.

The existing minimum penalty of $112 and the maximum penalty of $70,000 for non-flagrant violations would be unchanged. However, minimum penalties for unwarrantable failure violations would increase to provide a greater deterrent for operators who allow these violations to occur, according to the announcement.

The MSHA is seeking comment on three alternatives that would address the scope of the Federal Mine Safety and Health Review Commission’s review of the proposed penalties. The comment period for the proposed rule is 60 days from the date of the publication in the Federal Register.

Stolen Mine Equipment Recovered during Warrant Sweep

Nearly a dozen people have been arrested after a warrant sweep in Boone County.

A spokesperson with the West Virginia State Police say they arrested 11 of the 12 people they were looking for. They were wanted for anything from burglary and grand larceny to drug charges.

During Tuesday's sweep, troopers say they found more than $2,000 worth of stolen equipment from a Boone County mine. Police say James A. Castle is charged with Grand Larceny due to that incident.

According to a news release, the following people were arrested during the sweep.

Rodney A. Rhodes - five counts of Delivery of Controlled Substance
Ronnie A. Mayhorn - Delivery of Controlled Substance
Basil Osborne - Delivery of Controlled Substance
Bobby Smith Jr. - Grand Larceny, two counts of Conspiracy, two counts of Burglary
Tommy Holstein - Delivery of Controlled Substance, Receiving/Tranfer Stolen Property
Dakotra S. Santonio - Burglary
David N. Green - GL, two counts of Burglary, two counts of Conspiracy
Jesse L. Osborne - Receiving/Transferring Stolen Property
Leon E. Zehe - Receiving/Transferring Stolen Property
James A. Castle - five counts of Delivery of Controlled Substance, Grand Larceny
Brittany A. Miller - Transferring/Receiving Stolen Property

Weekend fire in downtown Huntington ruled accidental; started in elevator shaft

Huntington's mayor says a weekend fire in a building has been ruled accidental.

The large fire engulfed the Morris Building on Sunday. The seven-story building houses several offices, residential dwellings and two ground-flood restaurants.

Mayor Steve Williams says the fire started in an elevator shaft near the top floor and spread to other floors.

All occupants of the building left safely and no serious injuries were reported.

What sparked the fire remains under investigation.

Four charged in Harrison County arson scheme

An investigation conducted by the State Fire Marshal’s office has lead to four West Virginia residents, including a recaptured fugitive, being charged in an arson scheme.

According to a release from the office, George and Rebecca Bonnel, Samuel “Joey” Oldaker and Chad Edward Cook are accused of first-degree arson, burning insured property and conspiracy after a December 1, 2011 fire destroyed the residence of the Bonnells in the Laurel Valley area of Harrison County.

It is alleged the Bonnells hired Cook to burn their home so they could collect more than $171,000 in insurance money

The Bonnells and Oldaker were arrested on July 25 and posted bond the same day.

Cook, was a work-release inmate at the Beckley Correctional Center for fraud and forgery.

Investigators with the Fire Marshal’s Office interviewed him on May 22 about the fire. He fled from the facility the following day.

Cook was recaptured on July 20 in Roanoke, Va., when officers stopped him on a bicycle which did not have tail light reflectors.

He remains in jail in Roanoke and is expected to face the recent charges once extradited back to West Virginia.

Corridor H Authority calls on Congress for transportation funding

Congress is about to get a letter on the importance of completing Corridor H. The Robert C. Byrd Corridor H Authority met last week and passed a resolution which they have sent on to the House and Senate.

“We’re calling on Congress to please get through their stalled negotiations on a transportation bill and pass a six-year funding bill so that states, West Virginia and every other state, can plan their transportation infrastructure improvements,” authority member Robbie Morris explained

Congress is balking at passing long-term funding for the federal Transportation Trust Fund. They’re leaning towards supplementing the fund for another 10 months. Morris said that is not what is best for Corridor H or thousands of other transportation projects currently on hold because of the funding delay. He’s hoping the resolution will show the need for action.

“This is just another means to relay our wishes that the transportation funding bill be completed so that we can get Corridor H and a lot of other transportation infrastructure in the state done. It’s difficult to do when you don’t know how much money you have to play with,” stressed Morris.

Construction on Corridor H got started back in the 1960s. As of the end of this year, the four-lane from I-79 in Weston to the Virginia state line will be 75 percent complete. But building that last 25 percent is estimated to cost between $400 and $600-million.

Morris said as long as Congress continues to work on a year to year basis, there will not be enough federal funds available to complete the corridor by 2020.

“We’re trying to gain some of the ground that we lost in the past few year. We’re doing that. We just need to keep the pressure on,” according to Morris.

That means more than just sending a resolution. Morris said they are keeping in close contact with state Transportation Secretary Paul Mattox and federal Transportation Secretary Anthony Foxx. They’re also urging West Virginia’s congressional delegation to back a six-year deal.

Dollar Tree buying Family Dollar for $8.5 billion

Dollar Tree is buying rival discount store Family Dollar in a cash-and-stock deal valued at about $8.5 billion.

Stockholders of Family Dollar Stores will receive $59.60 in cash and the equivalent of $14.90 in shares of Dollar Tree for each share they own. The companies put the value of the transaction at $74.50 per share.

The boards of both companies have unanimously approved the deal, which is expected to close by early next year.

Shares of Family Dollar Stores Inc., based in Charlotte, North Carolina, spiked 20 percent before the opening bell Monday. Shares of Dollar Tree Inc., based in Chesapeake, Virginia, are up almost 4 percent.

NWS confirms tornado during Sunday’s storms

The National Weather Service has confirmed a tornado touched down in Ritchie and Pleasants Counties during Sunday’s storms.

Meteorologists from Charleston traveled to inspect storm damage along French Creek Road, according to the office.

The preliminary results of their findings indicate it was an EF-1 tornado with max wind speeds reaching 100 mph, based on the healthy hardwood trees which were snapped and uprooted.

It touched down at 7:15 p.m. west of Poynette on County Route 20 in Pleasants County, then traveled roughly four miles to the end of the path in Ritchie County on Old Street — an area along the Pleasants and Ritchie County Line — and ended at roughly 7:30 p.m.

At its widest, it was 200 yards wide.


No injuries were reported.

Drug Bust Nets Two Arrests in Wayne County; Third Hospitalized after Heroin Swallowed

Two people were arrested Monday on drug charges in the Kenova area, and a woman was taken to the hospital after she swallowed four alleged bags of heroin, the Wayne County Sheriff's Department says.

Herbert Tilghman, 40, of Pennsylvania, was charged with delivery of a controlled substance and conspiracy.

Lisa Michelle Null, 38, of Wayne County, was charged with aiding and abetting of heroin.

Deputies say both suspects were arrested after an undercover drug buy. They were taken to the Western Regional Jail.

Deputies say 24-year-old Tammy Sue Tiemann of Wayne County was transporting heroin when deputies pulled her over after leaving a home in the 5600 block of James River Road. When deputies approach the car, Tiemann told them she had swallowed four bags of heroin.

Tiemann was charged with conspiracy and taken to a local hospital.

A search warrant was issued and, although no other drugs were found at Null's residence, deputies found various types of drug paraphernalia and needles.

Deputies were assisted by Kenova Police and West Virginia State Police.

Doctor’s license suspended over dirty syringes

The state Board of Osteopathic Medicine unanimously approved a summary suspension of Roland Chalifoux’s license after the Marshall County neurosurgeon was accused of reusing syringes on multiple patients.

In the wake of Friday morning’s vote, Chalifoux has the right to a hearing before the Board of Osteopathic Medicine within 15 days.

Diana Shepard, executive director of the Board of Osteopathic Medicine, said the suspension essentially puts Chalifoux’s Valley Pain Management clinic in McMechen out of business.

“There is no other physician working in that practice. So by virtue of him losing his license, there will not be any medical services allowed to be offered there at that clinic,” Shepard said.

Part of the board’s concern involved Chalifoux’s refusal to provide a list of his patients to the state Department of Health & Human Resources. The agency wants the information so it can notify current and former injection patients they may have been exposed to hepatitis B, hepatitis C and HIV.

Dr. Chalifoux responded to the Bureau of Public Health’s claims on in a written statement claiming:

“The West Virginia Bureau for Public Health findings from the investigation of my practice did not include the re-use of needles or syringes for multiple patients by me or my staff for any reason.”

The Board of Osteopathic Medicine licensed Chalifoux to practice in West Virginia in 2004 after a year-long vetting process, one that typically takes only two to three weeks. 

One week and counting for Highway Trust Fund

The West Virginia Division of Highways is waiting on Congress to decide the next step for the Federal Highway Trust Fund that will be insolvent Aug. 1 if nothing is done.

The U.S. House supports a plan that would provide $10.8 billion in funding through May 31, 2015 and the U.S. Senate is reportedly close to supporting a similar plan.

“We don’t know where that’s going to end up, but the fact that everybody is talking now is a good sign and we hope that we won’t see August 1st with this Highway Trust Fund becoming insolvent,” state DOH spokesman Brent Walker said.

The DOH has already contacted the contractors on federal jobs letting them know they will reduce their payments Aug. 1 if there’s no congressional agreement.

“They would have the choice of receiving those reduced payments for the work they’ve done or they could choose to stop construction until the crisis is averted,” state Transportation Secretary Paul Mattox recently said.

Walker said everyone involved has had to come up with a game plan.

“They would have to determine how far they could work—whether it’s for free or pennies on the dollar,” he said.

There are 203 federal funded highway projects currently taking place in West Virginia. 

Fire damages building in downtown Huntington

Huntington firefighters battled a blaze at the Morris building in downtown Huntington Sunday with several ladder trucks.

The fire, which began at around midday, damaged at least the top two floors of the 4th Ave. building. The blaze was 95 percent contained by 12:45 p.m.

Firefighters were concerned about the wind and an approaching storm. They were able to keep the flames to one building. One firefighter suffered a knee injury.

An investigation into what started the blaze is underway.


The fire created some traffic changes in downtown Huntington.

W.Va. hosting highway maintenance conference

Some of the top minds in the nation in the world of road maintenance have converged on Charleston. The West Virginia Department of Transportation is the host of the sub committee on maintenance of the American Association of State Transportation Officials.

“Every maintenance engineer across the country, in al of the states will be here in Charleston,” said Department of Transportation Spokesman Brent Walker. “They’ll be talking about how to preserve roads across the country.”

The group has a number of events planned for the conference which runs from Sunday through Thursday. Topics will include road maintenance, highway construction, and how best to preserve the roads already in existence. Walker said it’s a hot topic right now in the world of state Departments of Highways.

“The big push is preservation and maintenance of existing facilities in light of not much money on new road construction,” said Walker. “We’ve got to figure out a new way to preserve and maintain what we already have.”

Walker said the conference is an opportunity for those dealing with similar issues daily to share ideas and learn from one another.

US regulators issue 186 citations during mining inspections in June

The Mine Safety and Health Administration says inspectors issued 186 citations at 13 U.S. mining operations in June.

Eleven of those mines were coal operations, while the others were metal and nonmetal.

MSHA cited as examples Thursday coal mines in Virginia and West Virginia.

Twenty-five citations were issued at the Dickenson-Russell Coal Co. LLC's Cherokee Mine in Dickenson County, Virginia.

The West Virginia inspection occurred at Rhino Eastern LLC's Eagle Mine 3 in Wyoming County. MSHA said it found dozens of violations.

The impact inspections began in 2010 after the Upper Big Branch mine explosion in West Virginia killed 29 coal miners.

Bill sponsor weighs in on intent of law dealing with parole hearings for juvenile offenders

The primary sponsor for the legislation that’s now being interpreted as a law that guarantees criminals, convicted as juveniles in West Virginia, a parole hearing after 15 years behind bars says making the law retroactive was not part of the legislative discussions.

“We never talked about that and there’s nothing in the bill about it,” said Delegate Barbara Fleischauer (D-Monongalia, 51). Fleischauer was asked if the law should be applied to past cases. “I’m not sure of the answer because I haven’t read those nine cases,” she said.

Whatever the intent, the law — which took effect earlier this year following approval from lawmakers during the 2014 Regular Legislative Session — has triggered the scheduling of parole hearings for more than half a dozen people who had been convicted of violent crimes as juveniles and were sentenced to life in prison with no chance for parole.

Prosecuting attorneys and other officials, throughout West Virginia, have cried foul.

Fleischauer said there is language in state code that says laws cannot be applied retroactively unless that is written specifically into the language of the law.

“That code section, it’s mandatory unless there’s some other overriding issue like the Constitution so, it says to me, that’s our general rule — a statute is presumed to be prospective unless expressly made retrospective,” she said. “We didn’t do that here.”

Courts have had different interpretations, though.

Fleischauer said she is willing to listen to concerns about the law, but noted its intent is not to automatically release violent criminals who were sentenced as kids.

“This bill does not allow anyone to get out of jail. Period. It just permits the parole board to consider whether children who committed serious crimes should have the opportunity for a parole hearing,” Fleischauer said.

The law change was designed to bring West Virginia in line with several court rulings, including one from the U.S. Supreme Court in 2012 that found mandatory life sentences, with no chances of getting out, are unconstitutional for juvenile offenders based on the Eighth Amendment which prohibits cruel and unusual punishments.

Critics of the law have argued West Virginia already has no mandatory life sentences because punishments, including the question of parole, are left up to the judges and juries who consider the specifics of each case.

H.E.A.T. targets heroin in Charleston

The Charleston area is facing a deadly epidemic. Heroin use and overdoses have been increasing, and officials say they want to put a stop to it.

The Heroin Eradication Associated Task Force met Thursday to discuss ways the public can help end the problem.

“It’s such a large problem that law enforcement can’t solve it on their own. They need help, they need the public’s help. It’s in everyone’s best interest,” said Terry Sayre, chairman of H.E.A.T.

Mark Strickland, captain and paramedic with the Charleston Fire Department, said the epidemic does not only impact those close to the drug.

“We have a finite number of resources to go out and deal with issues. There are still people having heart attacks, there are still car wrecks, there are still women in labor, there are still people on home oxygen that are short of breath. On top of everything else we have to do, now we’re also tackling a drug epidemic of heroin use in the Kanawha Valley,” Strickland said.

Naloxone, commonly called Narcan, is the drug given to heroin overdose victims. According to Strickland, from June 1st to July 22nd, Narcan was administered 36 times in the area. Seven of those cases were confirmed heroin cases. Of those 36 incidents, 15 were located on the West Side, 15 came from the area of Kanawha City, Fort Hill and South Hills, and six were from the East End.

Not only is this problem costing human lives, it’s costing money. Officials said each two milliliter dose of Narcan costs around $20. “In a year, we’ve given out about a 250 CC bag. That’s a drinking glass. That’s a kitchen glass out of your cabinet,” Strickland said.

H.E.A.T members said they hope the public will step up and keep an eye out for ways to help end the problem.

“Take care of each other. If you have a family member that’s on this stuff, get them help. Sign them up for rehab today. The public as a whole should look at themselves. Look at your family, look at your neighbors. If you think there’s something rotten in your neighborhood, call the police,” Strickland said.

There are specific things to look for.

“If you notice that a family member, a friend, whomever, starts having needle marks up their arm, they have little bruises on the inside of their elbow that they just don’t want to explain, or it looks like they went to the hospital for a lot of shots, take note of that,” Strickland said.

Man charged with killing police informant waives preliminary hearing

A Kanawha County grand jury will be the next stop for murder charges against a Charleston man who allegedly killed a police informant.

Marlon “Ice” Dixon, 37, waived his preliminary hearing Thursday in Kanawha County Magistrate Court. He allegedly shot and killed Branda Basham July 12. Her body was found along the railroad tracks on Charleston’s West Side.

Basham, 22, was a police informant. Charleston detectives allege Dixon found out and blamed Basham for heroin charges against him.

Dixon remains in the South Central Regional Jail without b

Prison system workers indicted in credit card conspiracy

A federal grand jury has indicted two Morgantown men for allegedly using a federal agency credit card to purchase big ticket items.

U.S. Attorney Bill Ihlenfeld said that from May until November last year Carl Gaul, 40, and Shawn Ratliff, 35, used a credit card from the Federal Bureau of Prisons to purchase more than $13,000 of merchandise. They worked for the federal prison system at the time.

“They purchased these expensive items from places like Target, Best Buy and Dick’s Sporting Goods,” Ihlenfeld said.

The items included a Sanyo 42” LED TV; two JBL Onbeat Awake devices; two IHOME devices; three Bose SoundLink systems; two Beats by Dre Beat Box devices and one JBL Flip device.

If convicted, Gaul and Ratliff face up to 15 years in prison.

Kanawha County Commission votes to begin removal proceedings against Prosecutor Mark Plants

The Kanawha County Commission voted Thursday night to begin removal proceedings against elected Kanawha County Prosecutor Mark Plants due to the ongoing costs of special prosecutors.

Commission President Kent Carper and commissioners Dave Hardy and Hoppy Shores voted unanimously to seek the filing of a petition with the state Supreme Court which would then appoint a three-judge panel to hear the case.

The county has already paid $93,000 for special prosecutors because Plants is still charged with two domestic-related misdemeanor crimes for allegedly violating a domestic violence protective order filed by his ex-wife and a domestic battery charge in connection with using a belt to discipline one of his sons. A special prosecutor is handing domestic violence cases for Plants’ office because of a conflict of interest.

Plants is seeking to have the changes against him dismissed. He signed up for a 32-week batterers intervention program in Putnam County last week but county commissioners said the county shouldn’t be stuck with paying special prosecutors for that long with a bill that could reach close to $250,000.

Commissioner Hardy has been calling for Plants to resign for several weeks but the two-term Republican has given no indication he will do so.

The commission will have to prove by “clear and convincing” evidence to the three-judge panel that Plants should be removed from his elected position. 

Copperhead Killed at Capitol

A state Capitol police officer has killed a copperhead snake on the Capitol grounds in Charleston.

West Virginia Department of Military Affairs and Public Safety spokesman Lawrence Messina said Thursday the officer borrowed a shovel from construction workers on the north edge of the complex Wednesday to kill the snake, which was then taken elsewhere and buried.

The copperhead was killed in an area near where an employee had spotted a snake while walking to her car Tuesday. Messina says the officer had been patrolling the area for the snake Wednesday.

He says he wasn't sure if it's the same snake, so officers will keep watch for additional sightings.

West Virginia is home to two venomous snakes, the copperhead and the timber rattler.

Taskforce Takes Aim at Heroin Problem in W.Va.

A task force aimed at combating the rising heroin problem in the capital city region is scheduled to meet.

The Heroin Eradication Associated Task Force, or HEAT, is meeting in Charleston.

Part of the meeting will be devoted to discussing the negative impact of heroin in the county.

The growing use of heroin is a statewide problem. West Virginia and other states are reporting a rise in heroin use as many addicts shift from more costly and harder-to-get prescription opiates to a cheaper alternative.

Feds agree to take further look at MCHM impact

Two federal agencies have agreed to look further at the medical impact of the chemical that spilled into the Elk River in January causing a water emergency in parts of nine West Virginia counties.

Gov. Earl Ray Tomblin’s office said the agreement came out of a meeting Wednesday between U.S. Senator Joe Manchin, state DHHR Secretary Karen Bowling, Kanawha-Charleston Health Department Director Dr. Rahul Gupta, the Centers for Disease Control and others in Washington, D.C.

The National Toxicology Program has told the state it will finance laboratory studies.  The studies of MCHM will focus on laboratory animals. It’s expected to cost as much as $1.2 million, which the NTP will finance.

Also, the CDC has agreed to work with state officials on a possible long-term medical monitoring program. A CDC team will travel to West Virginia in the coming months to have those discussions.

State DHHR Secretary Bowling said it’s not yet clear if long-term medical monitoring will be needed. She said that will be the focus of the future meetings.

“That’s going to be our next level of discussion when the CDC brings their experts into West Virginia so we can work with them to make those determinations,” Bowling said. “A lot of it will really depend on the results of the (animal) study.”

Gupta said the studies by the NTP under the eye of the National Institutes of Health will take at least six months to complete.

“We need those studies. We need the industry data because we don’t have any data on these chemicals. It’s a very, very positive step,” Gupta said.

Secretary Bowling and Dr. Gupta initially visited Washington, D.C. last month to push for the funding of more studies. They were called back Wednesday for a meeting organized by Sen. Manchin.

Bowling said the attitudes have changed some in recent weeks.

“Now the partnership is stronger and when they come into the state of West Virginia we are going to be very well-prepared to have conversations that are going to be very significant in terms of the next step,” Bowling said.

MCHM and a smaller amount of the chemical PPH spilled into the Elk River from Freedom Industries in Charleston Jan. 9 and got into the nearby West Virginia American Water Company plant contaminating the water supply of 300,000 state residents. A Do Not Use water order was issued for several days.

There wasn’t much known about MCHM before the spill, only a few animal studies had been conducted. Gupta said further study cannot be ignored and more people are recognizing that after some initial reluctance from the CDC and others.

Back to square one for Kanawha County Commission

The state tax commissioner let the Kanawha County Commission know Wednesday that he’s not going to get involved in the controversy involving elected Prosecutor Mark Plants.

The commission is talking about having Plants removed from office because of the mounting special prosecutor bills because Plants is still charged with two domestic related misdemeanor crimes and cannot prosecutor similar cases.

Language in state code allows the state tax commissioner to start removal proceedings against some court officers over financial issues. The commission began researching the option, but Kanawha County Commissioner Dave Hardy said Wednesday that won’t be an option.

“The tax commissioner has declined to be involved in the situation and referred us back to the West Virginia removal statute,” Hardy said. “The removal statute puts a very high standard on removing an elected official from office.”

Hardy has been calling for Plants to resign for several weeks. He said it would solve the financial problems the special prosecutor bills are causing, which has been about $30,000 a month. But Plants has said he has no plans to resign. He recently signed up in a community corrections program that could lead to the charges against him being dismissed.

The county commission plans to discuss its next step at its Thursday evening meeting. Hardy said the county’s research shows only one elected prosecutor has been removed from office by a special three judge panel. He said it happened in 1999 in Logan County.

“There is a very, very high presumption that once a person is elected to an office they should be allowed to finish out the term. In other words, the public is the ultimate decider of who is in an office.”

Hardy said despite the difficulty he still wants to look at the removal process.

“I’m willing to vote to institute a petition for removal if our county attorney tells me he thinks we can have a good chance of prevailing,” he said. 

Loan to help pay for new Boone Memorial Hospital

Construction work could start as soon as next month on a replacement facility for the existing Boone Memorial Hospital in Madison.

Earlier this week, hospital officials announced a $31.8 million loan from the USDA had been secured for the new hospital.  It’s being called the largest direct loan ever in West Virginia from the USDA.

Officials with Boone Memorial Hospital said they’ve been working for eight years to secure funding for the replacement hospital project.  “The USDA loan has made the construction of the new hospital feasible,” said Tommy Mullins, Boone Memorial Hospital CEO.

The current hospital was built in 1964.

EPA’s McCarthy to Senate committee–coal still key

Federal Environmental Protection Agency Administrator Gina McCarthy told members of the U.S. Senate Committee on Environment and Public Works Wednesday coal will still play a sizeable role in the nation’s power generation capacity even if newly proposed emission regulations for existing power plants are enacted.

McCarthy defended Obama Administration proposals aimed at reducing greenhouse gas emissions. She insisted the only regulation set in stone is the lowering of the emission standard, any other part of the proposal was only suggested ways for states to achieve the new standards.  She claimed before the committee the plan offered broad flexibility to each state on how to achieve the goal of reducing emissions in power generation.

McCarthy suggested the rules would prompt more research and technology development for fossil fuels to burn more cleanly and more efficiently.

McCarthy’s remarks were warmly embraced by Democrat members of the panel, including Chair Barbara Boxer (D-CA). However, the Republicans were less inclined to buy the administrator’s defense. Sen. Roger Wicker (R-MS) raised the argument recently leveled in a lawsuit by West Virginia Attorney General Patrick Morrisey that the EPA cannot enforce the proposed rules since power plants are already regulated in another section of the EPA regulations.

“Does EPA impose regulations on existing coal fired power plants under section 112?” Wicker asked.

“We certainly do,” McCarthy responded.

“Based on that, the Attorney General of West Virginia says having been regulated under section 112, the EPA lacks the authority to further regulate these under EPA Section 1-d.” added Wicker.

“I don’t think the legal argument is properly framed,” McCarty said.

McCarthy suggested the agency went out of its way to include the comments and input of all stakeholders into the proposed rules. McCarthy told lawmakers the science on global warming is no longer debatable in the face of mounting evidence. In response to one question McCarthy said catastrophic storms are already the product of global warming.

“When people ask me about the polar vortex, some pose it as a reason not to take action,” McCarthy said. “It is exactly the reason we have to take action.”

Senators also raised issues with the cost benefit analysis of the proposed rules. McCarthy said the impact they studied were global and national analysis and there had been no state-by-state analysis done. She defended the lack of the state-by-state data and said the impact will depend greatly on what decisions individual states make to reach the emission reduction requirements by the deadline.

Parents who allegedly starved son may have violated WIC rules

The parents of a 20-month-old boy who died of malnutrition may have violated WIC rules.

Carla Adkins, of Ashton, and Jimmie Edwards, of Milton, were arrested earlier this week and charged with felony child neglect resulting in death. Their son, Carson, died in March 2013. The final autopsy report on his death was released last month.

Investigators claim the couple would take WIC products and return the child’s infant formula to a store in exchange for money which they used to buy meth. They were allegedly giving the baby whole milk which he was not able to properly digest and caused his death.

The Women, Infants, Children program provides infant formula to low income families who can’t afford to purchase it on their own. Cindy Pillo, the acting director of the Office of Nutrition Services with the state DHHR says recipients go through a thorough vetting process and during each certification visit must sign a participation agreement which includes the guidelines and rules of the program.

“We also have several (points) and one of them is ‘Do not trade or sell WIC food or formula with your WIC benefits,’” stressed Pillo.

Parents who need to exchange WIC-purchased formula must do so at a WIC clinic where everything is documented. The returns are exchanged only for products that the children can use. Selling them to stores or over the Internet is not allowed.

“It is against federal WIC policy to do that,” said Pillo.

There are also guidelines for stores who sell formula in exchange for WIC vouchers. Stores cannot “Knowingly exchange or refund money for WIC food items.”

Pillo said WIC does look out for potential fraud.

“We do have a program integrity unit that reviews any abuse allegations. We also have a compliance person in our compliance unit that does compliance buys. In grocery stores, anytime we have any allegations of of abuse, we investigate those also,” stressed Pillo.

Pillo could not speak directly to the case involving Adkins and Edwards or whether they had been under investigation.

Adkins and Edwards remain in jail on $500,000 bail each.

Consumer Alert: Fruit recall expanded to more stores

More stores have been added to a fruit recall. Trader Joe's first recalled peaches, nectarines and plums for possible listeria contamination. Now, peaches, nectarines and plums sold at Kroger, Walmart and Costco have been added to the list. The fruit came from a California company. So far, no illnesses have been reported. If you have any of the tainted fruit, take it back to the store for a full refund.

West Virginia many faces US charges alleging he shipped turtles out of state

A West Virginia man is facing federal charges of capturing wild Eastern box turtles and selling them to out-of-state buyers.

Thomas Pepin of Ravenswood was charged Tuesday with the unlawful transport and sale of wildlife.

According to reports, he was charged by information, which typically signals a defendant's intent to cooperate with prosecutors.

The government alleges Pepin hunted and captured turtles from sites near his home.

According to the information, Pepin sold about 300 turtles to out-of-state customers. He allegedly shipped some turtles in tube socks to restrict their movement.

Solid waste authorities across West Virginia to share in $360,000 in grants

Grants totaling $360,000 are headed to 29 solid waste authorities across West Virginia.

The grants approved by the Solid Waste Management Board are designed to assist local authorities on properly managing solid waste.

The grants range from $1,000 for Berkeley County to $20,000 for Greenbrier, Mercer, Ohio and Wood counties. They money will pay for recycling containers, supplies, and programs to dispose of hazardous household events.

House Minority Leader says judges and juries should decide parole question for juveniles

House Minority Leader Tim Armstead (R-Kanawha, 40) said lawmakers should revisit the law that gives juvenile criminals who are convicted of violent crimes a chance at parole in 15 years — no matter the circumstances of their cases.

“Looking back at this, I’m not even sure that we needed to do anything,” Armstead said of the new law. “I think our (previously existing) law, in my opinion, was probably compliant with that Supreme Court case anyway.”

That Supreme Court case Armstead is referring to is Miller v. Alabama which involved a teenager who was sentenced to life in prison, at age 14, for murder and arson without parole.

In 2012, the U.S. Supreme Court found such mandatory life sentences, with no chances of getting out, are unconstitutional for juvenile offenders based on the Eighth Amendment which prohibits cruel and unusual punishments.

In response to that ruling, the West Virginia Legislature approved a law change this year that requires all juvenile offenders to have opportunities for parole, regardless of how heinous their crimes were. That law is being applied retroactively, meaning criminals convicted when they were under the age of 18 are being scheduled for parole hearings, even though their sentences did not allow for as much.

Armstead said, in West Virginia, there are no mandatory life sentences for juveniles. Judges and juries decide on parole. “The jury is the one who has all the facts in front of them. They’re the ones who know what mitigating circumstances there were,” he said on Tuesday’s MetroNews “Talkline.”

Lawmakers may look again at the law during the 2015 Regular Legislative Session.  It begins in January.