Fire Destroys Milton Home; Two Firefighters Released from Hospital

By: WSAZ News Staff Email

Two firefighters have been released from the hospital after suffering heat exhaustion while fighting a house fire.

The home on Morris Court in Milton is now a total loss.

Firefighters say the fire started in the back of the house, and is not being deemed suspicious.

They say the family had just left the house within 20 minutes before the fire started, Saturday afternoon.

The American Red Cross has been called in to help the family.

Firefighters say the fire was tough to fight because the closest hydrant was about a mile away, and they had to shuttle water back and forth.

Logan Co. Mine Shut Down After Black Water Leak

The West Virginia DEP has issued an "imminent harm cessation" order, effectively shutting down the WV3 Mine in the Madison Creek area of Logan County, following a black water leak.  

The mine is owned by Kentucky Fuels, which is operated by Jim Justice

Neighbors called the DEP after they suspected the coal company was dumping slurry into the creek.  The DEP sent a team of investigators to the area Sunday and discovered there was, in fact, a problem.  The mine apparently had a pit that was full of water, so the overflow was being pumped into a sediment ditch.  Rainfall over the weekend caused a leak in the sediment ditch, pushing black water into the creek. 

The DEP has ordered the mine to cease all mining operations in that area and remain shut off until all needed repairs are made to avoid further leaks of black water into the creek.

No fish kills have been reported as a result of the black water, and no public drinking water sources have been contaminated. 

As of Sunday night, a DEP spokesperson was not aware of any reports from the mining company about the leak, only a call from a resident living in the Madison Creek area.

Services Set For Drowning Victim in Mingo County

Memorial services have been set for a man who accidentally drowned last weekend.

Roger Urban’s visitation is set for Monday at 7:00 p.m. at the Victory Christian Center in Lenore, W.Va.

Urban's funeral is set for Tuesday at 11:00 a.m.

Urban was swept off of his ATV by high water and was missing for nearly a week before his body was found about three to four miles downstream from his home in Lenore.

CWA says yes to new Frontier contract

Members of the Communication Workers of America ratified a new contract with Frontier Communications the union announced Thursday. The four-year deal is retroactive to last August.

“While it (negotiating time) was lengthy, at the end of the day we were able to get a contract that the rank and file did ratify and now we just get on with the business of taking care of our customers,” CWA Representative Elaine Harris said.

The approximately 1,500 workers in West Virginia worked under the terms of the old contract through extensions during the past year. The union has decided not to release many specifics about the new deal which stretches until Aug. 5, 2017. Harris said there was some give and take.

“That’s why they call it negotiations because it is the parties sitting down, the union coming to the table and the company,” Harris said.

It’s believed the main sticking point during the year-plus contract talks was health care and how much union members were going to have to pay.

Harris said most importantly because of determination Frontier jobs are staying in West Virginia.

“We want West Virginia workers to serve our West Virginia customers,” she said. “Through this agreement we will be able to do that and expand on that.”

T-Center now planning community meetings

Discussion about a first-of-its-kind in West Virginia drug-alcohol stand alone treatment center was taken off the Kanawha County Commission meeting agenda Thursday night after the group said it now plans to have community meetings.

Those with the T-Center were set to appear before the commission and talk about possibly obtaining a $200,000 allocation as seed money but that’s now on hold.

The T-Center idea now finds itself in a controversy after the Kanawha County Board of Education donated property for the center near Capital High School. The school community is concerned about the impact.

County commissioner Dave Hardy said the situation needs addressed.

“You never want to have a project of this magnitude tainted at the beginning by controversy,” Hardy said. “This community needs to understand the project, needs to support it. It’s something that needs to be embraced by everyone.”

Hardy said he’s afraid some residents are reacting negatively to the T-Center without full information. The T-Center announced it would be scheduling some public meetings.

“If the project becomes tainted it won’t have the support it needs,” Hardy said.

The county school board may take up the issue again. Hardy said the county commission doesn’t need to get involved right now.

“The commission certainly doesn’t want to get in the middle of a controversy between the school board and Capital High,” he said. 

Veterans voice opinions on care at Louis A. Johnson VA Medical Center

The veterans and their families affected by the wait times at the Louis A. Johnson VA Medical Center were given the opportunity to voice their frustrations, or their support, directly to the source.

New VA Secretary Robert McDonald sent out a release on August 5, ordering healthcare and benefits facilities to hold town-hall events by the end of September in an effort to regain the trust of their patients.

On Thursday, the facility in Clarksburg held its meeting in the chapel with administrators and staff there to hear what the veterans had to say.

“It gives them an opportunity to ask questions and find out some information about what we’re doing in the future,” Beth Brown, Louis A. Johnson Director said.

Most of the veterans in attendance said they were pleased with the quality of care they receive but have issues with what sometimes separates them from care. These things include difficulty in scheduling appointments, struggles in communicating with facility staff, issues with parking at the facility and rescheduled appointments.

In regard to the problems with appointments, Dr. Glenn Snider, Chief of Staff, told those in attendance they have difficulties with securing providers.

They have been authorized to hire more staff but run into challenges when hiring personnel.

For one, several medical specialties are simply not producing physicians in the country, particularly mental health professionals.

“We’re also handicapped by the fact that West Virginia doesn’t attract as many medical professionals as large areas, large cities would,” Snider said. “So, the supply is a problem and the number that come to West Virginia and stay in West Virginia is low in number.”

The staff also addressed individual’s issues when they could by pulling them aside and connecting them with an expert who could walk them through the process.

Patient Laura Ellington, of Fairmont said she was thrilled veterans had the opportunity to speak directly to the staff and the meeting probably covered more topics than they were expecting.

“I think the patient advocated and the other people that were actually taking names and numbers, I think they’re going to be a little busy,” she said with a laugh. “Because there’s actual people that needed actual results.”

She hopes the hospital takes the information provided to them and moves toward overall improvement.

The meetings is partially a response to a national audit released in June, indicating the average delay in Clarksburg was 54 days for new patients seeking a primary care doctor, 86 days for a specialist and 96 days for mental health services.

Brown said they have been since working to evaluate the problem and implement the best solution possible.

“What we’ve done since the audit was released in June is to try to identify where our specific issues were and then to put the resources where those issues were,” she said. “So, we have an individual that’s training our staff and re-training our staff. We’ve brought in additional schedulers to help.”

She added that the hospital is reaching out to its community partners to see if there are any other ways of bringing care closer to home.

Tri-state residents prepare for Labor Day weekend

For many years the price of gas has been stopping some people from traveling on Labor Day weekend, but that doesn't seem to be the case this year.

AAA projects 35 million people will hit the road this holiday weekend. It is the highest number of travelers since the recession hit in 2008. Many residents in the tri-state are revving up their engines, getting ready to hit the road.

Low gas prices in the tri-state are helping with transportation costs. The average price for a gallon of gas is $3.43 in West Virginia, that's 10 cents lower than this time last year.

Travel experts say most people will be opting to travel by car this weekend and to budget extra time for traffic as you hit the road

Tomblin Administration still looking for tank law fixes

Members of Governor Earl Ray Tomblin’s Administration continued work Wednesday to identify possible administrative fixes for problems found within the Above Ground Storage Act.

That water protection law, among many things, requires registrations and certified inspections of storage tanks like the Freedom Industries tank that leaked along the Elk River in Kanawha County in January and put more than 10,000 gallons of a coal processing chemical into the water source for some 300,000 West Virginians.

Earlier this week, Gov. Tomblin was preparing to call a Special Session for next month so lawmakers could change the timetable for the implementation of the bill, but backed off of those plans — at least temporarily — after hearing from environmental groups.

As of now, as many as 40,000 tanks in West Virginia must be registered with the state by Oct. 1 and certified inspections of those tanks have to be completed by Jan. 1.  The state Department of Environmental Protection has not yet finalized the inspection protocols and, DEP officials have said, it could be December before those guidelines are available.

Angie Rosser, executive director of the West Virginia Rivers Coalition, said delaying the established deadline is not be the only option. “If the sticking point is just this certification, Jan. 1 deadline and not having the standards out in time, could we expedite getting those standards out now?”

Smaller oil and gas operators have been pushing for exemptions from the inspection requirements citing the practicality and costs of compliance when, in some cases, their tanks contain only water or brine, not dangerous chemicals and do not threaten the water supply.

Industry representatives have complained they can’t meet the Jan. 1 deadline because there are not enough inspectors to look at all of the tanks in time.

“I think that there is another solution out there that could address some of the concerns of the small oil and gas operators and tank owners as well as give us confidence that this state is on top of this and that they take deadlines seriously,” Rosser said.

SB 373, the Above Ground Storage Act, was written and passed as a response to the Freedom Industries chemical spill where the tank that leaked was not required, by law, to undergo regular inspections. When the spill was first discovered, DEP officials did not immediately know what exactly was stored there.

“We know that public confidence was profoundly shaken on Jan. 9. People were just amazed that there was this big of a loophole in the law,” Rosser said.

Tomblin has said a Special Session is still an option. If such a Special Session is called, it will most likely be held during September interims which are scheduled from Sept. 8-10.

Renewed optimism for Route 35

A member of the Mason County Commission says he’s newly optimistic about expansion plans for Route 35 after talking with state officials this week.

“We are closer now….than we’ve ever been before and it puts a smile on my face,” Rick Handley said of plans to widen a 14.6 mile stretch of Route 35.

It’s a road that has seen a list of deadly accidents over the years. Just this week, a Missouri truck driver was cited for driving too fast on it following a wreck that involved two tractor trailers, including his truck, and a school bus. Nine students were treated for injuries.

“It is pretty bad and the bad part of it is you go from a four-lane and you’re going 70 miles per hour and then you go down to a two-lane which you’re supposed to go 55 miles per hour,” Handley said. “It’s the only 14.6 miles of two-lane road between Michigan and Florida.”

He is among the many officials and residents who have been sounding the alarms about the dangers of Route 35 for years. The problem, up to now, has been finding funding for four-lane construction.

On Tuesday, Governor Earl Ray Tomblin announced the start what could be West Virginia’s first public-private partnership (PPP) for a highway project — 3.3 miles of the Coalfields Expressway in southern West Virginia that will eventually connect the existing highway that begins at Interstate 64/Interstate 77 in Beckley to Mullens.

The state plans to advertise soon for private partners on the project with work tentatively set to begin in the spring.

DOH officials have said what is happening with the Coalfields Expressway could serve as a model for Route 35 and other future road projects.

On Wednesday, DOH officials said the agency had almost completed the right of way, or property buying, process for Route 35 while work to update environmental documents continues.

Early indications are three contracts will be needed for the expansion — two grade and drain contracts to build the road bed at an estimated $80 million each and one paving project at an estimated $50 million. Five bridges will also have to built for that stretch of highway.

The first of the grade and drain contracts could be put out for bid as soon as this fall, but because the details have not yet been finalized, the best case scenario, according to what Handley said the DOH has told him, would see the completion of the four-lane in Mason County within the next four years.

Handley said he’s grateful there’s at least some kind of plan for the long-delayed project. “I’m really, really higher than a kite about this project now,” Handley said.

The Legislature approved changes to the Public-Private Transportation Facilities Act last year which cleared the way for more such private partnerships to build roads in West Virginia now that state and federal funds are running short.

With a PPP, in general, the state would partner with private companies for upfront funding and then pay off road projects in established installments.

DuPont settles with EPA in hazardous substance case

DuPont will pay a penalty of $1.25 million and spend at least another $2.2 million for required improvements to safety and emergency response in a settlement with the federal EPA and the U.S. Department of Justice.

The federal agencies issued a joint release Wednesday to announce the settlement. The case involved eight alleged releases of harmful levels of material between May 2006 and January 2010 at DuPont’s Belle plant in Kanawha County. Federal investigators said the releases posed significant risk to residents and the Kanawha River.

One DuPont employee was killed when exposed to phosgene gas after a hose on a holding tank ruptured on January 23, 2010. DuPont was issued an administrative order to take corrective action related to the incident. The company estimated it had spent more than $6.8 million already to comply with the order.

The settlement included requirements for the company to improve safety and emergency response procedures and processes at it’s Belle operations. 

Plants will get trial but no dates set

A special magistrate will decide when Kanawha County Prosecutor Mark Plants gets his day in court.

Plants and his attorney asked Mercer County Magistrate Mike Flanigan again Wednesday to set trial dates on the two misdemeanor domestic-related counts Plants faces. Flanigan said he’ll issue a ruling at a later date.

Special Prosecutor Sid Bell said Plants should be required to complete a batterers intervention program before the trials. Bell maintained in Wednesday’s hearing that Plants has waived his right to a speedy trial.

Plants attended his first batterers intervention session Tuesday night in Putnam County.

In a related development, an attorney for the Kanawha County Commission filed a motion Wednesday for a judge to order Plants to give a deposition ahead of a late-September removal from office hearing. Plants’ attorney maintains removal hearings are different and a deposition isn’t required.

A three-judge panel will hear the county commission’s removal petition beginning Sept. 22. 

Judge Approves Sale of 3 James River Coal Mines

A bankruptcy judge has approved the sale of three James River Coal Co. mining complexes to a subsidiary of Kentucky-based Blackhawk Mining LLC.

The sale includes the Hampden complex in West Virginia, including the assets of Logan & Kanawha Coal Co. LLC; the Hazard complex in Kentucky, excluding the assets of Laurel Mountain Resources LLC; and the Triad Mining complex in Indiana.

Blackhawk subsidiary JR Acquisition LLC will pay $20 million in cash and assume $32 million in liabilities. The operations employ about 900 workers.

U.S. Bankruptcy Kevin R. Huennekens approved motions enabling James River to sell the mines on Tuesday.

The company plans to complete the sale by the end of the week.

Richmond-based James River filed for Chapter 11 bankruptcy in April. 

Interim session in North Central West Virginia comes to an end

The legislature’s trip to North Central West Virginia has come to an end.

The three-day interim session concluded after legislators participated in various committee meetings and visited locations which have been affected by bills they have passed, including the tax increment financing legislation that allowed for the construction of a baseball stadium in Morgantown.

“We were fortunate enough to be over there where they announced the formation of a minor league baseball team coming to Morgantown,” Senate President Jeff Kessler said. “So again, more jobs, more activity. It’s good to see that sometimes the things we’ve done a year or two ago, now you actually get to see in person the fruits of that legislation.”

House Speaker Tim Miley was pleased the session could take place in the area which he represents, so they could see first hand the reason for the recent success.

“I was glad that my colleagues in both the House and the Senate got the opportunity to come here to this part of the state to see what’s occurring, what’s prospering and what’s working so well that it might allow them to identify something or come back with ideas to their own parts of the state and their own counties and districts,” he said.

The interim session was also the first chance to look over the issues as a collective leading up to the regular session in January.

“We’ve still got six more months to go before we get into January for our first session. We’ll still have several more monthly meetings,” Kessler said. “This is just the first one we’re really starting to look at things substantively.”

Once the regular session does come around, Miley hopes the legislators remember their time in North Central West Virginia should the occasion arise.

“Things that we legislate such as the tank bill, oil and gas drilling, Marcellus drilling, horizontal drilling, they’ve had the opportunity to see some of those types of things here,” Miley said. “If they are ever called on to legislate those areas, they will have a perspective and know what they’re legislating.”

The next interim meetings are scheduled for September 8 through September 10.

Stakeholders attempting to work out tank law issues

Gov. Earl Ray Tomblin and legislative leaders were close to an agreement late Tuesday on a special session next month to address problems with the tank law, but that was before the administration met with environmental groups.

Sources say the tentative plans for a special session to coincide with next month’s interim committee meetings in Charleston are now on hold while Tomblin searches for an administrative solution to the confusion and controversy over the new law.

Some lawmakers have been urging a special session to make changes in the landmark water protection bill passed earlier this year in response to the chemical leak at Freedom Industries on the Elk River in Charleston.  Representatives of small oil and gas producers claim key provisions of the law are impractical and expensive.

Industry representatives complain they can’t meet the deadline because there are not enough inspectors to review an estimated 40,000 tanks.  They also argue that smaller tanks that contain water, brine or oil should not be subject to the same rigorous standards as larger tanks near water supplies that contain dangerous chemicals.

Sources say representatives from environmental groups told the administration “in no uncertain terms” Tuesday about their concerns that the law designed to protect the state’s water supplies would be weakened during a special session.  That forced the administration to try to find another fix.

Tomblin’s office released a statement late in the day confirming meetings with environmental and industry groups to find a solution, but not ruling out a special session.  ”A special session to address these concerns is an option; however no final decision has been made. The Governor remains committed to finding a balance between new regulations and the safety of our public water sources.”

Last January, thousands of gallons of MCHM spilled from a storage tank into the Elk River. The spill reached the water intake for West Virginia American Water Company just a mile-and-a-half downstream, fouling the water for 300,000 West Virginians in a nine-county region.

That spill brought attention to the lack of regulation of above ground storage tanks and caused lawmakers to pass a comprehensive bill aimed at protecting water supplies.

Coalfields Expressway project announced

Gov. Earl Ray Tomblin announced Tuesday the state is going to use the Private Public Partnership option to build a key stretch of the Coalfields Expressway in southern West Virginia.

Tomblin said the state will advertise for qualified companies in the near future with the possibility of construction starting next spring on a 3.3 mile section connecting the expressway to Mullens.

The PPP option is a fairly new state law that allows the state to join with private companies to help build highways.

The Coalfields Expressway begins at Beckley along I-64/I-77 with plans to run to Grundy, Virginia. The section to Mullens is 19 miles.

Deputies Say Wyoming County Man Arrested On Multiple Sex Charges

Wyoming County deputies said a man wanted on 26 counts of child pornography and sexual assault was arrested Tuesday.

Jeremy Vance, 25, is facing multiple charges including third-degree sexual assault, use of a minor in filming and sexually explicit conduct and use of obscene matter with intent to seduce a minor, according to a news release from the Wyoming County Sheriff’s Department.

The sheriff's office said the case involves a female juvenile.

The arrest was a joint effort by The Southern Regional Drug and Violent Crime Task Force and the Wyoming County Sheriff’s Department.

Vance was arraigned by Magistrate Craig Cook. Bond is set at $250,000.

Lincoln County Family Pleads Guilty to Drug Charges

Members of a Lincoln County family pleaded guilty to a drug charge during a hearing Tuesday in U.S. District Court in Charleston.

Larry Wayne Lawson, 54, of West Hamlin, his wife, Tina Taylor Lawson, 37, his son, Jason Wayne Lawson, 30, and the son’s fiancé, Tia Estep, 28, of Seymour, Tennessee, admitted to their involvement in distributing oxycodone in August 2013.

The four now face up to 20 years in prison when they are sentenced in November.

This case was investigated by the Huntington Violent Crimes and Drug Task Force and the West Virginia State Police.

Former Teacher Arrested on Drug Charges

A Logan County woman is facing charges, after investigators say she sold crack cocaine on four separate occasions.

Jennifer Baisden, 47, was arrested Monday after months of investigating by the Logan County Sheriff's Department and U.S. Route 119 Drug Task Force.

Baisden has been charged with four counts of delivery of crack cocaine. She was arraigned in Logan County Magistrate Court. The arrest is part of an ongoing investigation.

Baisden is a former teacher at Chapmanville Regional High School. School board officials say she has not been employed there for several years.

Wayne County Woman Sentenced for Federal Firearms Charges

A Wayne County woman has been sentenced, to 12 months and one day in federal prison for her role in helping a convicted felon acquire five firearms from a Huntington pawn shop.

Brittany Amanda Hewlett, 25, was sentenced in U.S District Court in Huntington

In May, Hewlett pleaded guilty to making a false statement in acquisition of a firearm.

Court documents say on Feb. 26, Hewlett and 45-year-old Estill Timothy Slone went to a Huntington pawn shop to buy five guns.

Hewlett completed a federally required form, and claimed that she was buying the guns for herself when, in fact, the guns were for Slone.

Hewlett had previously agreed to buy the guns, understanding that they would be given to Slone who was legally prohibited from buying or possessing guns.

On March 4, when Hewlett and Slone returned to the pawn shop to finalize the gun purchase, an undercover federal agent was present and posed as the sales clerk.

Agents arrested Slone in the store parking lot.

Both were indicted by a federal grand jury in late March.

Slone was prohibited from possessing a firearm due to a 1996 rape conviction in Ohio.

Slone's case is pending in federal court.

McDowell train incident claims second life

A McDowell County woman has died, three days after she was severely injured by falling from a railroad bridge as a train approached.

State police said Ruthie Mullins, 24, of Raysal, was pronounced dead at Charleston Area Medical Center.

Mullins was on the bridge with Kenneth Neace, 20, of Roderfield, and Randy McNeely, 29, of Hensley, when a Norfolk Southern train approached. Neace was struck and killed and Mullins suffered severe injuries after falling 60 feet. McNeely suffered only minor injuries after jumping.

Troopers have said they plan to file trespassing charges against McNeely.

The bridge is located near Roderfield Tunnel.

Southwest Virginia woman sentenced in connection with West Virginia mayor's death

The daughter-in-law of slain War Mayor Thomas Hatcher has been sentenced on a lesser conspiracy charge.

Rebecca Lynn Hatcher received a one- to three-year sentence Friday in McDowell County Circuit Court.

Hatcher had been scheduled to stand trial for conspiracy when she pleaded guilty in June to the lesser charge of attempt to commit felony conspiracy to commit murder.

City workers found the 72-year-old mayor's body in his home on July 17, 2012. Prosecutors said he was smothered with a plastic bag. Last November, a McDowell County jury acquitted 

Rebecca Hatcher on a first-degree murder charge.

Rebecca Hatcher's brother and co-defendant, Earl Click of Grundy, Virginia, was convicted of first-degree murder and conspiracy in February.

Legislators updated on Justice Reinvestment in West Virginia

As the three-day interim session of the West Virginia Legislature began Monday morning, the Joint Standing Committee on the Judiciary met to receive an update on the Justice Reinvestment Act in the state.

With the prison populations rising and an estimated $200 million slated for construction and $83 million for operations projected for 2014-2018 to account for the increase, the state partnered with the Council of State Governments Justice Center to research options to reduce that spending and increase public safety. From the partnership SB 371 was created and passed in 2013.

Although not all of the policy in the legislation has been implemented, reports already indicate positive results.

“It’s been a pleasant surprise that we’ve seen a decline [in prison population] much more rapidly than first indicated,” Jim Rubenstein, Commissioner of the West Virginia Division of Corrections said. “All of Senate Bill 371 has not been implemented so I think it’s very encouraging.”

According to the WVDOC statistics, the overall inmate population decreased by 3.5 percent in FY2014.

Part of the strategy in the legislation to decrease sentenced inmate population includes policy changes by the state Parole Board which have lead to more releases from WVDOC custody, increased use of graduated sanction for parolees in lieu of revocation and a slower annual increase in the number of commitments from Circuit Court, possibly due to the increased use of the graduations sanctions.

“Instead of getting them in $26,000 per year prison beds, it gives the opportunity to work with those individuals who they haven’t committed additional or new

crimes,” Rubenstein said. “We have a high percentage of individuals who have substance abuse, alcohol, drug related problems.”

Stein said these individuals are still under supervision –just not within a prison– and are mostly hard-working, good people but are different when dealing with addictions. Part of addressing public safety when dealing with these situations is strengthening Community Correction programs.

“It makes them very viable for the Parole Board to parole somebody even before they’ve completed some programs withing the Division of Corrections that they can complete in a community based program,” Rubenstein said. “It straightens those programs, puts a real consistency across the board.”

Ultimately, Rubenstein said the goal of the initiative is to turn the prison population into lawful, contributing members of society.

“Ninety some percent of the individuals are going to come back into society at some point or another,” he said. “We take our role very serious in preparing them to come back and be successful, and reduce recidivism, and that they don’t re-offend, and that they don’t come back and they become law-abiding, tax-paying citizens.”

As more initiatives of SB 371 are implemented, Rubenstein projects more success.

“I’ll be surprised if we don’t see some very positive results from 371 and these initiatives, especially compared to years ago when there was that discussion of ‘Oh, are we going to have to build a new prison?’ Right now, I don’t even see that as even being an issue of concern because we’re making strides in the right areas.”

Communities cleaning up after Friday flooding

Cleanup continued in parts of West Virginia on Sunday following Friday’s flash flooding. Areas in Cabell County and Mingo County took especially hard hits as storms quickly dumped several inches of rain in some areas.

Significant street flooding was reported in Huntington and Barboursville while high water also covered parts of Route 119, Route 65 and Route 52 in portions of Mingo County.

By Sunday morning, the water had returned to normal levels in most areas.

Debris pickups were scheduled for Monday in Mingo County. Residents were being told to move flood debris to the end of their driveways for removal.

Man Dies in Officer Involved Shooting

A man has died after an officer-involved shooting in the Dingess area of Mingo County.

West Virginia State Police say they were investigating a single vehicle accident Sunday night, when 31 year old Randy Matheny, who was involved in the accident, fired a shot before police arrived. Troopers say he then fled the scene with a baby.

As Matheny's wife was taken to the hospital, troopers searched for Matheny and the baby.

They were finally able to track him down at his home in the East Fork 12 Pole Creek area.

Troopers say when they approached Matheny, he apparently lifted his gun and pointed it at troopers, giving them no choice but to shoot him.

Matheny died from his injuries. The baby is reportedly to be okay.

Search Continues Today for Man Involved in High Water ATV Accident

Rescue Crews spent Sunday searching Laurel Creek in the Lenore area of Mingo County for a man believed to have drown after an ATV crash.

Rescue crews say the man, who has not been, disappeared into the water behind his home Saturday night.

The man and his ATV fell into Laurel Creek and he never came up out of the water.

Crews recovered the ATV in the creek on Sunday, but search efforts near the wreckage were unsuccessful.

High and swift waters from heavy flooding in the area contributed to the danger of the water, according to first responders. They say the search and rescue has been turned into a recovery effort.

The search will resume first thing Monday morning.

Crews from five counties came to Lenore, with more than 60 people helping the recovery efforts. Many of them are volunteers.

Boats and divers were sent to search in three different stages, including areas with bridges and debris.

Assistance Center Opened in Mingo County Due to Flooding

A public assistance center was set up in Mingo County for those affected by Friday night's storms.

The center at Mike's Harley Davidson on U.S. 119 was open Saturday and Sunday.

The Mingo County Disaster Center, Catholic charities, American Red Cross, and other agencies are working in collaboration with the Mingo County Commission, Mingo County Emergency Management and several fire departments to assist with flood related needs.

Parts of Route 152 in Wayne County, WV affected by road slip

Wayne County 911 dispatchers confirm that part of Route 152 was closed due to a road slip that occurred on Saturday, August 23.

The roadway between Ferguson Branch Road and Lick Log Branch Road was affected by the slip. 

Wayne County Board of Education had some concerns and feared that bus routes may be affected by the slip. However, Highway 152 between Dunlow and Genoa are passable for school bus traffic as of Sunday evening. Department of Highway Officials stabilized the roadway so school buses could pass. But repairs will take approximately 2-3 weeks and the road is down to one lane. 

Raymond Watts of Wayne Department of Highway said employees will be on location to monitor school bus traffic, according to the Wayne County Board of Education's website. 

School officials encourage parents, teachers and other faculty members to check the Wayne County School Board web site for more information. 

New restrictions for hydrocodone drugs

A move by the federal government will restrict the prescription of painkiller hydrocodone drugs, like Vicodin and Lortab, the number one prescribed controlled substance in West Virginia.

The federal Drug Enforcement Administration will make the announcement Friday that it’s moving hydrocodone from Schedule III to the more restrictive Schedule II.

West Virginia Board of Pharmacy Executive Director and General Counsel David Potters said the new classification will impact how the drugs are stored, stocked, transported, prescribed and dispensed.

“The whole idea to is cut down on the amount of supply available in the medicine cabinets at any one time,” he said.

Hydrocodone is at the top of the list of prescribed drugs in West Virginia. Potters said it also is the most diverted and abused.

Schedule II drugs are not allowed to be refilled, a prescription is required each time. Also, in many cases, only doctors can prescribe them.

Under Schedule II the written prescription expires in 90 days and at pharmacies many of them are kept in locked safes or cages. Potters added making a drug a Schedule II also gives physicians a cause to pause and consider prescribing it.

The new rule is expected to be announced Friday and take effect in 45 days. 

Kanawha County teenager still missing

Kanawha County deputies have followed up a number of leads in the case of missing teenager Erica Brown. The 16-year-old was reported missing from her home in the Cross Lanes area Aug. 7.

Authorities have been reluctant to reveal much about what they have learned since Brown was reported missing. Parents tell deputies the teenage girl was at the home Saturday night, but when they went to wake her Sunday morning she was gone.

Deputies are asking anybody who may have information about Brown’s disappearance or her whereabouts to come forward and offer up their tips. You can call 304-357-0169. 

Southwest Virginia man killed in mine accident

A Buchanan County, Virginia man is dead, following a mine accident Wednesday afternoon.

It happened at Consol's Buchanan Mine Number One.

Officials say 41 year old Michael Justice was troubleshooting on a roof bolt machine when the accident happened.

Federal and state authorities are investigating the accident.

Law License Suspended in Three States for Mark Bramble

A third state has suspended the law license for West Virginia attorney Mark Bramble.

Bramble was arrested after a standoff in August 2013 on Cornwall Lane in Charleston. He was accused of firing shots at police and was charged with attempted murder.

Last month, the charges against him were dropped after three doctors determined that he was mentally non-responsible for this actions, thanks to a continual overdose of a prescription sleep aid.

His law license was suspended in West Virginia in August 2013. It remains suspended at this time, according to a court spokesperson. Last month, his license was suspended in Ohio.

Thursday, his license was suspended in Kentucky.

Testimony Ends in W.Va. Surface Coal Mine Hearing

West Virginia Surface Mine Board is deciding whether to revoke a permit for a surface mining operation located near Kanawha State Forest.

Testimony ended in a hearing over the Keystone Industries KD No. 2 mine permit issued by the state Department of Environmental Protection.

The board is expected to take a month or more to rule on the case.

Keystone Industries was issued a state permit to mine on more than 400 acres. As a condition of the permit, Keystone agreed not to use state forest roads for access, coal hauling or other mine-related activity.

Several environmental groups have opposed the mining operation.

It will rule after final briefs are filed and reviewed.

Police, prosecutor issue conflicting reports on assault involving justice’s children

A Charleston Police Department report of a fight between Edward Gardner and his sister Lindsay Gardner contradicts the findings of the Kanawha County Prosecutor’s Office. 
Prosecutors decided Wednesday to drop a felony malicious wounding charged against Edward Gardner.  Both are the children of state Supreme Court Justice Margaret Workman.

Police released the report to the public Wednesday afternoon just hours after the Kanawha County Prosecutor’s Office announced the charge was being dropped.

Gardner, 27, was arrested following a confrontation with his sister, Lindsay, 29, Aug. 5 near their mother’s home in Kanawha City. At the time, police accused Edward Gardner of knocking his sister to the ground and kicking her in the head. The injuries were severe enough to require hospitalization for a laceration of her head and possible concussion.

The police report indicates that Lindsay Gardner said repeatedly that her brother knocked her down and kicked her in the head three times, leaving her bloody and unconscious. She told three different people at the scene. However, the report says Lindsay was uncooperative when they tried to question her at the hospital.

According to investigators, they were met at the hospital by Justice Workman, who initially refused to allow police to enter the room.  However, police later returned with Kanawha County Prosecutor’s Office Chief of Staff Chuck Miller. He spoke with Workman for few minutes and then police were allowed in the room to take pictures.

Gardner finally talked with police 10 days later at her mother’s Quarry Creek Road home.  The report says Lindsay told police she and her brother had been arguing earlier in the day “over some French language software.”

When asked why she said she was kicked three times, Lindsay told police that she was “talking out of her head.”

Miller told MetroNews the charge has been dropped because Edward Gardner did not assault his sister.  “It’s a typical brother-sister spat,” Miller said.

Miller says Lindsey Gardner took a swing at her brother, who then pushed her.  She hit her head when she fell.

“She was knocked out when she hit the ground and didn’t recall anything so I’m not sure where that (head kicking report) came from, but the medical evidence (showed) she only had one injury and that’s when she hit the ground,” Miller said.


Chief Brent Webster says he is “standing by the original police report.”

Mother Facing Charges after Crash in Wayne County

A mother is facing charges after her child was injured in a crash Wednesday.

It happened just before 3 p.m. on W.Va. 152 in Lavalette.

The driver of a Ford F-150 says he was rear-ended by a Chevy S10 and crashed into a utility pole.

Wayne County deputies say the woman who caused the wreck, Sandra Thompson, was driving on a suspended license and had no insurance.

They also say her 5-year-old son had no booster seat and was not buckled in.

Deputies say the children were not taken to the hospital.

$1.4 Million Federal Grant to Help Local Law Enforcement

Some law enforcement agencies in our region are receiving more than $1.4 million in federal grant money, according to a news release from lawmakers in Washington.

The funding comes from the U.S. Department of Justice’s (DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG) Program, which supports state and local law enforcement in their efforts to prevent and control crime. U.S. Senators Jay Rockefeller and Joe Manchin, both D-W.Va., and U.S. Rep Nick Rahall, D-W.Va., made the announcement Wednesday.

The award recipients are:

·                     The West Virginia Division of Justice and Community Services – $1,316,090. The funding will go toward the Division’s priority areas of violent crime and substance abuse. In particular, the funding will support several programs and services designed to increase awareness of drug and violent crime, and to reduce drugs use and violent criminal acts through prevention, education, and investigative efforts. The programs also aims to lessen the impact of sexual assaults and educate victims and those who serve them within the criminal justice system.

·                     The city of Charleston – $136,264. The funding will be used to purchase law enforcement equipment to increase officer and community safety.