Supreme Court will hear challenge to EPA rule

The Supreme Court of the United States announced earlier this week that it will hear the appeal by Kentucky and 22 other states of the Environmental Protection Agency’s (EPA) Mercury and Air Toxins Standard (MATS), which has caused the announced retirement of more than 2,000 megawatts (MW) of coal-fired electric generation in Kentucky alone. In a consolidated appeal, the Supreme Court will consider the following question:

"Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities."

Attorney General Jack Conway joined with Michigan Attorney General Bill Schuette and 21 other states and additional parties to seek the Supreme Court’s certiorari, or review of the judgment of the Court of Appeals for the D.C. Circuit upholding MATS, which was entered on April 15, 2014.

The state Attorneys General will file their brief on Jan. 9, 2015, with oral arguments to be scheduled later next year.

Shoppers encouraged to spend locally with Small Business Saturday

Small business owners throughout West Virginia are calling on shoppers to spend more of their holiday dollars closer to home. Saturday is Small Business Saturday throughout the Mountain State and across the United States.

 “West Virginia’s small businesses are major contributors to the strength of our local economies,” said Kristina Oliver, state director of the West Virginia Small Business Development Center.

“When you invest in small business, that makes sense as an economic development strategy.”

Special sales, promotions, giveaways and other events were planned to attract shoppers to local independent businesses in West Virginia’s communities as opposed to big box stores or online retailers.

Participating communities include Charleston, Fairmont, Kingwood, Mannington, Martinsburg, Morgantown, Philippi, Point Pleasant, Ripley, Ronceverte and White Sulphur Springs along with Belington, Beverly, Kenova, Madison, Marlinton, Parkersburg, Parsons, Charles Town, Romney, Rowlesburg, Shinnston, Sutton and Wheeling.

During last year’s Small Business Saturday, those with Casto’s Department Store in Ripley said business was up by at least 35 percent.

Nationwide, the Small Business Administration estimated shoppers spent approximately $5.7 billion at locally-owned stores during 2013’s Small Business Saturday. This year, the SBA is partnering with the National Restaurant Association to encourage people who are “shopping small” on Saturday to also “dine small” at locally-owned restaurants.

More than 95 percent of West Virginia’s businesses are considered small businesses.

Oliver said, overall, those small businesses are thriving.

“There have been some hills and valleys with the economic challenges within the state as throughout the country,” she said. “But I believe that our small businesses are strong and they’re seeking the opportunities that they need to be successful.”

Oliver said West Virginia’s most successful small businesses have several factors in common.

“They focus on getting the skills and talents that they need. They reach out for technical assistance and management assistance. They try to learn all that they can and put together a strategic plan and keep focused on that,” she said.

Christmas Shopping Safety Tips

According to the American Crime Prevention Institute, Black Friday shopping always shows a spike in thefts.

Here is a few tips to make your shopping a little less stressful:

Do not leave anything out in the open in your vehicle, try to put items in your car trunk or cover your items up…this also includes phones or other devices that we often leave in plain sight.

Another tip: watch where you park. Lit areas close to buildings have heavy traffic, making it less likely some will be wandering around looking for open doors.

Also, walk on a mission. Thieves are looking for people who don't have their guard up. Even a quick second lingering can be just the chance they need to snatch a bag and run off.

In addition, if you are going out, putting money or credit cards in a zipped up pocket can be safer than an open purse.

As always, if you do see something, please report it to authorities.

Trees selected for W.Va. Capitol holiday displays

A tree dubbed Fat Albert is coming to West Virginia's state Capitol for a holiday display.

The 17-foot blue spruce whose catalog nickname comes from the cartoon character grew in Molly Gill's yard in Pratt for 18 years before it was donated for public viewing at the Capitol complex in Charleston.

State Department of Administration spokeswoman Diane Holley-Brown says the tree will be on display at the north fountain at the Capitol this holiday season. Another tree donated from a Charleston home will adorn the south side of the Capitol, and a third tree from Fayette County will go up at the governor's mansion.

Gov. Earl Ray Tomblin will lead a lighting ceremony Dec. 2 as part of the annual Joyful Night celebration.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Wayne County Fire

Five victims, including three elderly people, escaped a fire that destroyed a home in Wayne County yesterday morning.

One teenage boy who lived at the home and another who was visiting helped the three disabled elderly people escape the fire. Those boys are now being called heroes.

The home to six people is considered a complete loss.

Investigators say they are unsure what caused the fire at this time and the investigation continues.

Slippery Holiday Travel for some

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Motorists on some of the state’s busiest roads for holiday travel may find them snow covered and slippery Wednesday as an Atlantic Coast snow storm moves over parts of West Virginia.

Weather forecasters said Tuesday part of U.S. Route 19 from Sutton to Beckley could get a few inches of snow. Interstate 68 from Morgantown through Preston County to the Maryland state line could also be slippery. Interstate 81 in the eastern panhandle is also forecasted to be in the path of the storm.

State Division of Highways spokesman Brent Walker said snow removal crews would be ready.

DOH crews were putting brine down Tuesday afternoon in hopes of keeping snow off some of the most-traveled roads. Other crews were putting chains on DOH plows and salt trucks.

Walker said increased holiday traffic could play a role.

“The more traffic that you have there the more difficult it is. You always have vehicles that want to go ahead and pass the plow when it makes a lot of sense to stay behind it,” he said.

Interstate 64 between Huntington and Charleston is expected to be mostly wet and not many problems are anticipated for Interstate 77 between Charleston and Parkersburg. The higher elevations on Interstate 79 could be snow-covered and there also may be snow on the most southern end of the West Virginia Turnpike and Interstate 64 from Beckley to Lewisburg.

Walker said DOH crews would work through Thanksgiving if necessary.

“This is what our guys do and they certainly don’t get enough credit for doing that and anybody that’s had to leave their family during a nice holiday they know what we’re talking about,” Walker said.

The snow is expected to arrive early Wednesday morning and stay around through the early afternoon hours.

Most counties show drop in unemployment

The unemployment rate for October decreased in 42 of the state’s 55 counties according to WorkForce West Virginia in information released Tuesday.

The numbers show unemployment increased in Boone, Lincoln and Wayne counties, likely because of coal mining layoffs. Mingo County, another coalfield county, had the highest unemployment rate in the state at 10.8 percent. Monongalia County continues to have the lowest joblessness at 3.4 percent.

The state’s overall unemployment rate for the month was 5.6 percent, down three-tenths of a percent from September.

W.Va. gets $291K for highway safety programs

West Virginia highway safety programs are getting a $291,000 boost from the federal government.

U.S. Sens. Joe Manchin and Jay Rockefeller announced the funding from the National Highway Traffic Safety Administration on Monday.

The bulk of the funding -- more than $215,000 -- will go to a program run by the West Virginia Governor's Highway Safety Office to combat drunken driving.

Smaller amounts are designated for programs to encourage seat belt use and to reduce motorcycle crashes.

Lincoln teenager dies in mudding wreck

A 16-year-old Lincoln County girl died Sunday after the vehicle she was in overturned in a creek near Poca according to Putnam County Sheriff Steve Deweese.

Authorities said Olivia Marie McCormick, of Yawkey, and her friend were mudding in the Heizer Creek area Sunday afternoon when the Jeep they were in flipped into the creek. Sheriff Deweese said it was submerged. The driver made it out of the vehicle, McCormick did not.

Sheriff Deweese said she died at Thomas Memorial Hospital in South Charleston. 

Hunters head to the woods for buck gun season in West Virginia

Hunting is a strong tradition in many parts of West Virginia, according to the assistant chief of game management with the West Virginia Division of Natural Resources.

“Many of those traditions are passed down from father to son or father or daughter, uncle to a youngster, it’s just part of the West Virginia fabric,” said Paul Johansen.

The tradition continued Monday on opening day of the buck gun season in the Mountain State. An antlerless season runs concurrently with the buck season through Dec. 6.

In more than two dozen counties, it’s also bear gun season.

 “We’ve seen several nice bucks come in,” Johansen reported. “Probably the most notable was a nice dandy buck that was taken by a really young girl, I think her dad said she was around ten years old. It was a beautiful buck that she took.”

By the end of the season in two weeks, Johansen predicted between 55,000 and 60,000 bucks will be harvested in the Mountain State — in line with the 2013 numbers.

The season started out with warm and windy weather in West Virginia. Later in the day, wind gusts were clocked at 50 miles per hour in some places. Cooler temperatures were in the forecast for Tuesday with snow possible in some areas, especially in the eastern mountain counties, by Wednesday.

No matter the weather, “Any time you can be out in the woods and attempting to harvest a deer in the woods of West Virginia, that’s a good day,” Johansen said.

W.Va. center offers end-of-life directive cards

West Virginians can obtain wallet-sized cards listing their end-of-live advance directives.

The West Virginia Center for End-of-Life Care is providing the cards to people who have filed advance directive forms with the agency.

Advance directive allow people to list what medical decisions can be made on their behalf in the event that they aren't able to because of incapacitation or illness. They include living wills, do-not-resuscitate orders and medical power of attorney.

The center's director, Dr. Alvin Moss, says advance directives aren't always available at the time of treatment. The cards alert health care providers that the patient has forms that should be checked before treatment.

Former State Police employee pleads guilty to posession of child pornography

A former employee of the West Virginia State Police has pleaded guilty to possession of child pornography.

Jeffery Erra Osborne, 48, of Clendenin, admitted that on January 17, he possessed pictures of prepubescent minors engaged in sexual acts, which were located on his personal computer at his home.

Osborne faces up to to 20 years in prison. As part of the agreement, he will abandon certain computers, hard drives, and electronic storage devices seized from him at the time of the execution of the search warrant.

The West Virginia Internet Crimes Against Children Task Force and the West Virginia State Police conducted the investigation.

Osborne was formerly employed with the West Virginia State Police for approximately 21 years. He was most recently employed as a West Virginia State Police Forensic Analyst.

Assistant United States Attorney Lisa G. Johnston prosecuted the case on behalf of the government while U.S. District Judge John T. Copenhaver, Jr. presided.

This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

The court scheduled sentencing for Osborne for February 10, 2015.

Governor Tomblin honors service members, first responders with tree decorating ceremony

With the Holiday season approaching, Governor Earl Ray Tomblin decorated recognition trees to honor veterans and first responders.

He, along with First Lady Joanne Jaeger Tomblin, Adjutant General James A. Hoyer, Department of Veterans Assistance Cabinet Secretary Rick Thompson, invited representatives from the military branches and first responder units, and a number of West Virginia veterans to the reception room at the Capitol for the celebration.

Buddy Palla, a 36-year veteran and Assistant State Captain of the Patriot Guard Riders, was among those who helped put up the decorations on trees honoring emergency services and service members.

“Basically, it’s a Christmas tree decorated with pictures of veterans from all the wars and conflicts,” he said. “It’s pretty neat. I’ve never seen it before.”

Meanwhile, Captain Cindy Murphy with the Clarksburg Fire Department made the trip to help place pictures of first responders from around the state on their own tree.

“It’s really a very special honor to be able to come down and be recognized by a man who makes so many decisions in the state that do affect us emergency responders during a time period where many times we do not get to spend time with our families,” she said. “We’re in the service stations and we’re actually out on the road.”

She said that while people should keep first responders in their thoughts during the Holiday season, the dispatchers who assist them need to be appreciated as well.

“We very seldom ever get to thank them for what they do and they have to work 24 hours, 365 days,” Murphy said. “Somebody has to be there to answer the phone and that’s the same way with many fire departments and many EMS departments, as well as police stations. Somebody has to be there to be able to answer that call when someone’s having the worst day of their life.”

The spirit of Monday’s event was to not only thank those who work to keep others safe here, but also thank those in the Armed Forces who do so from abroad and won’t be able to spend the Holiday’s at home.

“They’re with their buddies over there, but there’s nothing like being with family. It’s just very important that we remember those who are serving our nation,” Palla said. “When we’re gathered around the Christmas tree with our families, it’s important to remember those folks, men and women, who can’t do the very same thing we’re doing.”

The governor has several other Holiday events planned through the end of the year.

MSHA releases preliminary information on Monongalia mining death

The federal Mine Safety and Health Administration released more information late Thursday about a Nov. 10 coal mining accident in Monongalia County that killed an experienced miner.

MSHA said Raymond Scott Savage, 49, of Maidsville, was struck by a large rock that measured 5 feet by 3 feet by 13 inches thick. Savage was operating a roof bolting machine at Red Bone Mining Company’s Crawdad No. 1 Portal B Mine near Maidsville.

Savage, the section foreman, was struck by the rock that fell from the roof near the area he was working.

Savage had 27 years of mining experience. His death was the 14th mining death of the year in the United States. MSHA said it was the first this year as result of a roof fall.

Both federal and state mine investigators are working on separate investigators into the fatal accident.

Large mining companies make employment moves; layoffs included

Approximately 150 southern West Virginia coal miners and their families learned Friday of layoffs and other employment changes.

Alpha Natural Resources announced the furlough of 22 workers at its Ruby Energy Mine in Mingo County. The company laid off another worker at a nearby prep plant in Wayne County.

Patriot Coal has made moves impacting 130 workers at the Hobet Mining complex in Boone County.

Patriot released the following statement Friday:

“As a result of the challenging coal markets and the difficult regulatory environment, Patriot Coal’s Corridor G Mining Complex, located near Madison, WV, will be downsizing operations to reduce coal production costs. Approximately 130 hourly and salaried employees at that location will be impacted pursuant to the Company’s recent WARN notice.”

W.Va. joins multistate online course agreement

West Virginia is joining a movement that makes it easier for students to take online college courses offered by campuses in other states.

The state Higher Education Policy Commission announced the reciprocity agreement Saturday. It becomes effective on Dec. 1.

The agreement lets accredited institutions operate in other participating states without seeking independent authorization, making it easier for them to expand access to online courses.

At least 16 other states, including Virginia, are part of the agreement.

The National Council for State Authorization Reciprocity Agreements oversees the program.

Mother Arrested in Toddler’s Death

A mother, charged in connection with the 2012 death of her little boy, is now back in West Virginia.

Robin Toler, 23, was arrested earlier this month in North Carolina.

Her son Aydin, who was just two years old, died in 2012.

Toler's boyfriend at the time, Nicholas Turkale, was charged with murder in the case. He was accused of slamming the little boy's head into a door frame, cracking his skull.

Toler is charged with child abuse and neglect causing death. Police say she did not do anything to protect her son.

Toler was brought back to West Virginia and booked into the Southwestern Regional Jail.

Dangerous animal list shorter; lawmakers, governor to get final say

The final list of species which will become part of a proposed ban on ownership of dangerous wild animals in West Virginia has been whittled down and is ready to go to state lawmakers. During last week’s legislative interim committee meetings a number of sets of animals were removed.

Lawmakers eliminated Savanna cats, flying foxes, fruit bats, mongoose, meek rat, European hares, wild dogs, raccoon dogs, and all constrictor snakes like pythons and anacondas. The working body also carved out several birds like the Quaker parakeet, some species of crayfish, snails, and mollusks.

“The list as it stands now, aside from some of the constrictor snakes, is where we wanted to take the list,” said Chris Ferro, chief of Staff in the state Department of Agriculture. “We wanted to hit the big-name animals that do pose a danger like the lions, tigers, and bear type animals.”

The legislation was born out of a disaster in neighboring Ohio when a facility selling exotic species had an escape and law enforcement was forced onto an unintended safari to shoot numerous dangerous animals roaming in the populated areas. Ferro said the Department of Agriculture is satisfied, but believes other agencies saw the list as a way to address invasive species in streams and rivers. He said those may have to be addressed in another piece of legislation.

The measure now goes to the legislature and could be approved as is when the session starts in January or lawmakers could reopen the bill and add or take items away. The legislation requires an annual meeting of the Dangerous Animal Board which consists of representatives from the Department of Agriculture, Division of Natural Resources, and the Bureau of Public Health. They carry the power to review and add to or eliminate from any animal list.

State fire marshal sees challenges with VFD report

State Fire Marshal Tony Carrico told state lawmakers last week he’s concerned about the thoroughness of a report he is required to submit to lawmakers a year from now.

A 2012 state law requires a full report on the volunteer fire department system in West Virginia. As part of that report, Carrico sent out surveys to 445 volunteer fire departments, but when the Oct. 31 deadline had come and gone only 250 departments had bothered to at least partially complete the survey. Carrico said unfortunately there’s no teeth in the law to force compliance.

“The legislation did not authorize the marshal or any state agency the authority to mandate this information. This was simply a request,” Carrico said.

Carrico has enlisted the help of the state Fire Commission. He’s also hopeful students at West Virginia State University will help him with data entry and analysis of the information. Carrico said this study is different from what his office does on a daily basis.

“This, being actuaries and fiscal analysis people, that’s not what we do. However, we’re going to take the data we do receive and try and do the best we can with what we have to submit,” Carrico said.

Some of the initial information has been reviewed. Carrico said all VFDs are not the same.

“There’s a huge difference statewide in how these departments are funded, maintained, administered at various levels,” he said.

The deadline for the comprehensive report is Dec. 2015. Carrico said there’s lots to be done between now and then.

Blankenship pleads not guilty, released on $5 million bond

Former Massey Energy president and CEO Don Blankenship will face a January trial date in connection with the Upper Big Branch mine explosion that killed 29 miners in Raleigh County.

As family members of the UBB tragedy looked on Thursday in federal court, Blankenship pleaded not guilty to federal charges of conspiracy, fraud and making false statements to investigators. His trial was scheduled for Jan. 26 with a pretrial hearing on Jan. 6.

Blankenship’s bond was set at $5 million. U.S. Magistrate Judge R. Clarke VanDervort refused to release Blankenship on a personal recognizance bond. The judge limited travel for Blankenship to southern West Virginia, Pike County, Ky., and Washington, D.C. to meet with his attorneys. Blankenship, who faces up to 31 years in prison, also had to surrender his passport.

There were no comments made by federal prosecutors, defense attorneys or family members after the court proceedings. U.S. District Judge Irene Berger enacted a gag order on the case last week.

Federal prosecutors allege Blankenship knew about the myriad of safety problems at the Upper Big Branch mine in the months leading up to the massive explosion in April 2010 that killed 29 miners. The charges allege Blankenship conspired to cover up the problems so the mine could produce more coal and profits. 

Delegate from Mingo County vying to become minority leader

With less than two months before the start of the legislative session, a delegate from the southern part of the state is introducing the idea of becoming the new minority leader in the House of Delegates.

Delegate Justin Marcum (D-Mingo), a lawyer from Williamson, was reelected to his position in the recent election by securing 71 percent of the vote. First appointed to a seat in 2012, he believes he now has the perfect balance of youth and experience.

 “I’m going on my fifth year, I’m not a career politician but I have some experience. I think I can navigate the House,” he said. “I’ve had numerous pieces of legislation pass. I feel I’ve got the experience to be able to get some stuff done, but I’m also a new face that can bring new life to the Democratic Party.”

New life that Marcum and others feel is very much needed after the party was pushed back on Election Day by state Republicans with control of the House going 64-36 in favor of the GOP.

Marcum said he doesn’t blame previous leadership for the loss.

“I have no hard feeling against Speaker [Tim] Miley (D-Harrison). He’s been a good leader. No matter what happens, we’ll keep our friendship and still be friends,” he said. “As a matter of fact, I’ve been called from some delegates that asked me about this, that were interested in seeing a new face that is also an experienced face.”

The political shift in the state, Marcum credits to the desire to see a shift in focus and, particular coming from voters in the southern part of the state who work in the coal industry, disapproval in recent national policies believed to have a negative effect on energy production.

“It goes to fighting for the people who put us in place to lead, who elected me and other individuals in Southern West Virginia and across the state,” he said. “I do think coal is the number one issue. I think it was very noticeable in the last election.”

If selected as minority leader, Marcum said he would strive to work on bipartisan solutions with the new Republican majority to move the state forward.

“I think it’s important that we work together,” he said. “We have to have a moderate voice who can reach across the isle. We can’t let the capitol in Charleston turn into Washington D.C. and if elected minority leader, I would not let that happen. Gridlock is not the answer. We have to work on focusing on the betterment of the state.”

While Marcum said there is some support for him, he will still need to drum up support before the Democrats meet to elect leadership.

“We’re going to work the phones. To say we got the support now would be a lie. I don’t think we go it now.”

Miley has previously stated he has received the support of his fellow Democrats to continue leading the party in the state House.

With November interim meetings wrapping up this week, lawmakers will return to Charleston one more time in December before the 2015 Regular Legislative Session begins on January 14.

Lincoln County Commission leans toward re-vote on fire, ambulance levies

There appears to be general agreement among members of the Lincoln County Commission to have a special election next year to try and pass two key levies that failed to meet the required 60 percent approval in the Nov. 4 vote.

The commission met Thursday, didn’t take an official vote, but talked favorably about another election for the fire and ambulance levies soon.

“It was pretty much a joint decision from the commission that the levy would need to be put before the voters again and that would occur sometime in February or March of next year,” Lincoln County Office of Emergency Services Director Alan Holder said.

The ambulance levy is for $440,000 dollars over five years. The fire protection levy is also a five year levy worth $500,000 and is split evenly among the county’s eight volunteer fire departments.  The money helps pay for fuel, insurance, equipment, and building maintenance for each fire department. They have been in place continually since the early 1980s. The current levies run out June 30, 2016.

The fire levy had 59 percent approval Nov. 4, just shy of the 60 percent required. The ambulance levy fell less than three percent short of the requirement. Holder said they didn’t spend much money promoting the levies and they probably should have.

“I guess maybe we had thought, ‘Hey, it’s passed for 30 years and it will pass again,’ and all of those were essential services. We’re just going to have to get out a little bit harder and make sure that everybody we know and our friends are registered to vote and show up at the polls,” Holder said.

The Lincoln County Commission could take official action on a special election at its next meeting. Holder said it’s likely that election will be on a Saturday, they’ve already looked at a few possible dates.

Holder said the failure of the levies this month will impact spending during the next few months.

Lawmaker wants more answers on Marcellus shale worker safety issues

As the prevalence of natural gas drilling grows in West Virginia some state lawmakers are taking a closer look at the safety of those working on the drilling pads in the Marcellus shale.

Several lawmakers raised concerns during an interim legislative committee meeting Wednesday on the safety standards for gas drilling. The industry is defending against critics who believe the standards are not nearly stringent enough and made comparisons to the coal industry.

Coal miners are required to have a 20 or 40-hour course depending on the level of work they’ll be doing on the surface or underground. They then must work as a “red hat” alongside an experienced miner until they are fully certified. Natural Gas Association Executive Director Corky DeMarco told the committee there is a similar requirement for drilling rig employees developed in cooperation with the industry and the federal Occupational Safety and Health Administration.

“We entered into an agreement with OSHA on the safety protocol for the employees who work in this industry,” DeMarco said. “Depending on what you’re doing in this industry you are required to have OSHA eight hour or 30-hour training.”

The standard employee safety certification comes from the International Association of Drilling Contractors. DeMarco told lawmakers although the safety card isn’t a requirement for employment, most major companies will not hire anyone without the certification.

The lack of the full-fledged requirement bothered Del. Randy Smith of Preston County who works in the coal industry.

“It’s a concern to me because what I’m hearing in recent months is we’re (coal mines) over regulated and the gas industry is under regulated,” Smith said. “I’m hoping we can find a happy medium for both of them.”

Smith was most concerned about the availability of safety teams during a well site emergency. The most critical safety issue on a well pad is a fire. DeMarco said while they work with local first responders, fighting a well fire has to be done by professional teams. The specialized teams are few and far between.

“If you’ve got a well fire, you’ve got a completely different situation,” said DeMarco. “Just because of the nature of these fires, I don’t know that you could put these people with XYZ company and these other people with ABC company and all these folks come together to do this.”

Smith maintained the comparison to mine rescue teams which are always less than two hours away from any active mine. Mine rescue teams are regular coal miners who’ve been extensively trained and specialize in underground disasters.

DeMarco said it was hard to make the comparison because a mine explosion and a well fire were dramatically different.

“I don’t know where you would put that individual team or how you could pull them out of 40 different locations and put them in one,” DeMarco said. “I understand what you’re saying and yes, it would make sense, but I just don’t know how practically you could do that.”

“I would think it would be in your best interest to put together a specialty team to address some of these issues,” said Smith. “We do it in the coal industry, so don’t tell me it can’t be done or it’s not practical. I would hope you guys care enough you would want to do something like that for the safety of your workers.”

Smith warned the industry should start addressing some of the issues or the state will step in and become involved. 

Blankenship slated for first court appearance today

Former Massey Energy president and CEO Don Blankenship is scheduled to appear before a federal magistrate judge today, his first appearance after being named in a four-count federal indictment last week.

Federal prosecutors allege Blankenship, 64, knew about the myriad of safety problems at the Upper Big Branch mine in the months leading up to the massive explosion in April 2010 that killed 29 miners. The charges allege Blankenship conspired to cover up the problems so the profitable mine could produce more coal.

Today’s hearing is scheduled for 1 p.m. before U.S. Magistrate Judge R. Clarke VanDervort. Blankenship asked earlier this week for the hearing to be postponed but the request was denied.

The indictment also alleges Blankenship lied about Massey’s safety record in the day’s after the UBB explosion in order to lessen the blow the blast had on Massey stock. He’s charged with securities fraud.

There won’t be any comments about the case outside of the courtroom however. U.S. District Judge Irene Berger placed a gag order on the case late last week.

Boone County Drug Bust

Six people were arrested Wednesday in a drug bust at a home along Bricktown Road in Nellis, the Boone County Sheriff's Office says.

Deputies executed a search warrant at the home, looking for controlled substances including methamphetamine, according to a news release.

The following suspects were arrested:

·                     Michael Joe Clark, 42, of Bloomingrose. Charged with being a felon in possession of a firearm.

·                     Tara Ann Clark, 40, of Bloomingrose, who's the wife of Michael Joe Clark. Charged with possession with the intent to deliver a schedule II controlled substance.

·                     Michael Christopher Gillispie, 40, of Ashford. Charged with three counts of possession of a controlled substance.

·                     Jonathan Douglas Gillispie, 35, of Ashford. Charged with the possession of a stolen vehicle. That charge is in connection with a Jeep Wrangler, which was stolen from C&O Motors in St. Albans on Nov. 11. It was located at the home along Bricktown Road where the drug bust occurred Wednesday and will be returned to its owner.

·                     Donald Eugene Gillispie Jr, 38, of Ridgeview. Charged with carrying a concealed weapon.

·                     Russell Lee Gillenwater, 35, of Nellis. Charged with possession of a controlled substance.

All of the suspects were in the Southwestern Regional Jail and awaiting arraignment.

Holiday Safety

West Virginia's Attorney General is offering tips for residents to keep their homes safe while hunting or traveling for the holidays.

Attorney General Patrick Morrisey said, "As seasonal travel starts to ramp up, crime and home break-ins can also begin to rise. One of the best things you can do before going hunting or leaving for a Thanksgiving trip is to make your house seem as though it is still being lived in even if you are gone."

He provided the following tips to keep your home safe while you are away for the holidays:

·                     Do not broadcast your holiday plans on social media sites such as Facebook and Twitter or on your home voicemail.

·                     If you have a neighbor or person nearby you can trust, ask them to keep an eye on things while you are away and collect the newspapers and mail so they don't pile up.

·                     Make sure that all doors and windows are locked before leaving.

·                     Use light timers to create the appearance that someone is home.

·                     Keep your valuables safe and locked away securely. 

UBB managers “pushed and pushed and pushed”

The owner and managing editor of Mine Safety and Health News said the allegations in the recent indictment of Don Blankenship, the former CEO of Massey Energy, echo what she said she’d heard about the company for years.

“If these memos that are quoted in the indictment are true, and they have many direct quotes from the memos, you can see how these managers were just pushed and pushed and pushed for production,” Ellen Smith said.

She was citing specifics of the indictment that alleged Blankenship was closely involved in the daily operations at the Upper Big Branch Mine prior to the April 5, 2010 explosion that killed 29 coal miners.

Last Thursday, a federal grand jury returned the indictment against Blankenship on charges of conspiracy to violate mandatory federal mine safety and health standards, conspiracy to impede federal mine safety officials, making false statements to the U.S. Securities and Exchange Commission and securities fraud.

An indictment is an allegation only. At this point, Blankenship has not been convicted of any crimes.  He’s scheduled to make an initial court appearance in U.S. Magistrate Court in Beckley on Nov. 20.

Blankenship, the indictment alleged, “insisted on personally receiving a report every thirty minutes detailing the longwall section’s coal production (at UBB) and the reasons for any production delays.” All the while, prosecutors said, he knew “the UBB mining group was committing hundreds of safety violations each year.”

The indictment also indicated the government has a key witness against Blankenship who is not named, but identified as the “Known UBB Executive.” This individual is cited numerous times in the complaint as being on the receiving end of Blankenship’s directives to produce more coal.

“We’re all supposed to put the coal miner first — his safety, his well-being, his health — first,” said Cecil Roberts, president of the United Mine Workers of America, on Monday’s MetroNews “Talkline.” “That did not take place.”

The UBB Mine was not a union mine, but the UMWA conducted its own investigation into the disaster and released a report about it titled “Industrial Homicide.”

“I don’t think that I’ve ever encountered a CEO who has placed production and profitability before everything else in the manner that Don Blankenship has done for many, many years,” Roberts said.

On Friday, U.S. District Judge Irene Berger issued a gag order for the case applying to all parties in the case, their counsel, other representatives or members of their staff, potential witnesses, investigators, family members of actual or alleged victims and court personnel.

Jury Selection Begins in Mingo County Murder Trial

Jury selection is underway in a Mingo County murder trial.

James Hinkle, 20, is charged with the stabbing death of Chris Wolford.

The murder happened at Wolford's home on Spring Fork Road in Wharncliff in August 2013.

West Virginia State Police say Hinkle pulled out a knife and stabbed Wolford in the stomach.

Wolford was taken to Logan Regional Medical Center where he died.

Hinkle’s trial is taking place in Mingo County Circuit Court.

Consumer Alert: Door to Door Salemen

Attorney General Patrick Morrisey is warning West Virginians to be cautious when buying products from door-to-door salesmen.

Morrisey says his office recently received complaints about salesmen going to homes and selling cleaning products.

The salesmen used "high-pressure sales tactics and were persistent about entering the residents' homes."

Morrisey says consumers should beware of scammers by taking down information about the salesmen and the company they represent and contact the company to verify the salesmen and the products.

Consumers also are urged not to pay cash up front and not to make any payments until the product is delivered.

Morrisey also says not to let the sellers into homes.

As a consumer, you can verify the company's details or report a possible scam by calling the Consumer Protection Division at 1-800-368-8808.