Friday, May 30, 2014

Above Ground Storage Tank Regulations Moving Ahead



Efforts to regulate above ground storage tanks in West Virginia continue to move ahead.

On Wednesday, the state Department of Environmental Protection launched its new website to register all tanks online.

Tank registration will officially start by June 10.

Chemical companies have until Oct. 1 to provide inventory and register above ground tanks.

In January, a tank at Freedom Industries leaked the chemical MCHM into the Elk River, contaminating the water in parts of nine counties.


Deputies Warn of Possible Scheme in Logan and Boone Counties


Logan County Sheriff's Deputies are warning about a possible scheme that could have serious financial consequences.

Deputies say they have received information that a woman is trying to sell a debit/credit card reader in the Chapmanville area of Logan County, as well as the Madison area of Boone County.

According to a news release, when the woman tries to sell the machine, she asks possible buyers for a credit card to show how the machine works. Deputies say the machine was presented as a prototype, but once the credit card was swiped the information was stored on the machine.

If you observe suspicious activity dealing with this scheme, deputies are asking you call the Logan County Sheriff’s Department at 304-792-8590.


Fire in Logan Considered Suspicious



A family escaped their burning home in Logan County and investigators say it was no accident.

The fire broke out at the residence on Peach Creek Road.

Investigators say the house was sprayed with gasoline while the family and their pets were asleep inside.

The fire caused an explosion which woke the family up. Everyone made it out safely.

If you have any information you can call the State Fire Marshall at 1-800-233-FIRE.


19,000 Cited in 6-State Seat Belt Project



State Police in the tri-state just wrapped up a seat-belt enforcement sweep, cited thousands of drivers.

West Virginia State Police, Kentucky State Police and the Ohio Highway Patrol all took part in the initiative that ran May 19th-26th.

During that time, the agencies cited 19,610 for not wearing seat belts. They also gave out 54 citations for child safety seat violations.

Ohio
Seat Belt: 9,029 citations
Child Safety: 182 citations

Kentucky
Seat Belt: 2,815 citations
Child Safety: 146 citations


West Virginia
Seat Belt: 1,851 citations
Child Safety: 54 citations

Crews Respond to Fire at Yeager Airport


The terminal at Charleston's Yeager Airport was briefly evacuated after a small electrical fire near the control tower.

The Federal Aviation Administration says the fire occurred Thursday in an equipment room next to the room where FAA radar controllers handle flights.

The FAA says the tower manager extinguished the fire. The facility's alarm alerted the fire department.

The terminal was cleared out for about 15 minutes and operations were back to normal by 3 p.m. FAA says one flight departed while the tower was evacuated. An FAA air traffic control center in Indianapolis handled flights in the meantime.

The cause of the fire is under investigation.


Thursday, May 29, 2014

Supreme Court: Prosecutor Plants to keep law license



The state Supreme Court called a temporary suspension of embattled Kanawha County Prosecutor Mark Plants’ law license unwarranted in a written opinion handed down Wednesday.
The Office of Disciplinary Counsel had sought the temporary suspension against Plants after he was charged with two misdemeanors; one for allegedly violating a domestic protective order and a second for domestic battery after disciplining his son with a belt.
The Supreme Court’s written opinion said the “interim suspension pending the resolution of disciplinary proceedings is not warranted and further disqualification is unnecessary. The ODC’s request is accordingly denied.”
A special prosecutor was appointed by Kanawha County Circuit Judge Duke Bloom to handle domestic violence-related cases investigated by Charleston police because of Plants’ conflict. The Supreme Court also weighed in on that decision.
“Due to the expense of maintaining a special prosecutor during the pendency of these actions, the proceedings against the Respondent (Plants) should continue toward resolution as expeditiously as possible.”
During oral arguments earlier this month the justices appeared lukewarm to the idea of suspending Plants’ license without him being convicted of a crime. Chief Justice Robin Davis said the ODC would have a stronger case for suspension if Plants was actually found guilty of something.
“Let all of the allegations run their course and if there are convictions then, in terms of discipline, you would have, I think, a much stronger position,” Davis said.
Justice Margaret Workman said a suspension now would effectively remove Plants from his elected office.
“We have not ever had an occasion to do that because there’s a whole other statutory mechanism from removing a public officer from his office,” Workman said.
Prosecutor Plants entered into a pre-trial diversion agreement last week which could result in the charges against him being dropped in a year if he meets certain requirements. He made a public apology as part of that agreement. But the legality of the deal has since been questioned by the special prosecutor in the case.
Meanwhile, Kanawha County Commissioner Dave Hardy called for Plants’ resignation Tuesday because of the cost of the other special prosecutor handling the domestic violence cases. The first bill was for $24,000.
“I don’t say that lightly and I don’t say that out of disrespect but this has been an ongoing distraction to our office and to the county’s ability to get its work done and I don’t see it ending quickly and don’t see it ending very well,” Hardy said.
Kanawha County Commission President Kent Carper commended the Supreme Court on its decision Wednesday and announced a special meeting of the county commission next week. Carper has suggested the commission may begin the petition process to remove Plants from office because of the expense of the special prosecutor.
Plants has not commented on the latest developments


Nicholas County 911 director charged with fraud


The director of Nicholas County’s 911 Center is charged with fraud — accused of charging more than $1,700 on a Nicholas County credit card for her own personal gain.
State Police arrested Carla Hennessey, 42, of Craigsville earlier this week.
Hennessey is free on bond awaiting a preliminary hearing.


Stagnant Sewage Causing a Stink in Logan County


A constant flow of raw sewage is causing quite the stink in the McConnell area just outside of Logan.

The stagnant pool of human waste spans dozens of feet between the road and the railroad tracks.

Sewage from dozens of homes in the neighborhood all flow into the ditch.

Logan County commissioners say that maintenance of that territory is up to the city of Logan.

The long-term solution would be to connect it to the city's sewage plant, but they say that would cost millions in upgrades. Commissioners say that's just not a priority right now.

The short-term solution is to reroute that sewage so that it goes into the river. That would just mask the problem though, not fix it.

Commissioners say they have been in contact with CSX -- asking for permission to do that.

Commissioners also say that this problem is not unique to this area. They say it's something that's an issue statewide.


Mingo teachers to be reassigned in light of sexual assault allegations



Mingo County school officials have agreed to reassign administrators and teachers who allegedly threatened disciplinary action against girls who reported being sexually abused or assaulted by male classmates, Attorney General Patrick Morrisey reports.
Morrisey said the district  agreed to the changes stipulated in Senior Status Judge John L. Cumming's preliminary injunction, including immediate assignment of a "designated professional" from outside Burch Middle School to supervise students and staff for the remainder of the school year.
The order states that the Mingo County Board of Education "has taken non-disciplinary personnel action to place certain employees on leave during the investigation, while others have left the school for 'non-related reasons.'”
It also requires school officials to return one of the girls who had been forced to switch classes to her age-appropriate class, and stipulates that the girls "will be protected from having to face those who are accused of abusing them at school," Morrisey said.
The order prohibits all of the defendants from having direct or indirect contact with any of the girls or their families, and specifies that if the school determines that discipline is required, "that discipline must be performed by some other administrator or employee who is not named as a defendant," Morrisey said.
The order also requires the school district to report any and all reports, allegations, or complaints of sexual abuse and sexual assault that have been made during the past five years at Burch Middle School to the Attorney General’s Office and West Virginia State Police, and that all future reports of suspected child abuse and neglect be reported to the Department of Health and Human Resources, and if needed, the State Police.
Morrisey said Cumming's order opens the door to a full and complete investigation into the alleged sexual abuse at the school.

It also suggested one of the alleged perpetrators is a relative of an employee of the Board of Education “who actively participated" in the school's internal response to the allegations, and that school administrators actively downplayed the seriousness of the allegations to the parents of the girls, failed to return calls or supply them with copies of their child's initial statement to school personnel and denied troopers investigating the allegations access to students in school.

Inmate dies in hospital after an incident at Southern Regional Jail.



State Police are investigating what happened at the Southern Regional Jail in Raleigh County over the Memorial Day weekend that sent an inmate to the hospital.

Officials with the West Virginia Department of Military Affairs and Public Safety said that an incident happened at the jail on Saturday, May 24.  The incident happened between Carlos McMillion Jr, 51, and 21-year-old Geremy Austin West.  The exact details of what happened between the two inmates have not been released.  However, McMillion had to be taken to Beckley Appalachian Regional Hospital.  He was later transferred to Charleston Area Medical Center.

Family members said that McMillion was on life support as of Tuesday, May 27. They said that he passed away during the late afternoon hours.  The incident is under investigation, both internally by the Regional Jail Authority and by the West Virginia State Police.


Wednesday, May 28, 2014

Holiday weekend busy for State Police



The West Virginia State Police said three people died in three separate accidents over the three-day holiday weekend. Two of the three deadly crashes involved motorcycles.
A man was killed in Vienna Friday evening when he sideswiped an oncoming minivan. Police were chasing the motorcyclist at the time. Another man died after a separate motorcycle crash that took place on Sardis Road in Harrison County Monday afternoon.
The weekend’s other fatal crash was in Lincoln County. The Nicholas County Sheriff’s Department released information Tuesday about a fatal ATV crash that took place Sunday.
State Police reported a total of 63 vehicle collisions over the three-day period; six of them were alcohol-related.
Troopers made 62 DUI arrests and wrote 1,868 speeding tickets.
Other activity from the Memorial Day weekend included:
Seat Belt Citations:     1162
Seat Belt Warnings:    733
Child Restraint Citations:       47
Child Restraint Warnings:      41

Motorist Assists:         546

Leader of Huntington drug ring enters guilty plea



The leader of an alleged drug ring in Huntington will be sentenced in August for selling cocaine, oxycodone, heroin, MDMA and marijuana out of a Cabell County home for years.
Kenneth Dewitt Newman, also known as “K-Kutta,” 32, of Huntington, plead guilty Tuesday in U.S. District Court in Huntington to possession with intent to distribute cocaine.
He faces up to 20 years in prison and a $1 million fine when he’s sentenced on Aug. 25.
Federal prosecutors said Newman lead a drug ring that involved more than a dozen others — including his mother and brother.  All of his alleged associates have now been indicted for their various alleged roles in the ring that centered on Newman’s Artisan Ave. home.

The arrests were the results of an investigation from the Drug Enforcement Administration, the Metropolitan Drug Enforcement Network Team and the Huntington Police Department.

Deal reached to save one of the state’s most endangered buildings


An agreement has been reached that supporters say will result in the renovation and future use of the historic Staats Hospital building on Charleston’s West Side.
The agreement between the Bullock family, Charleston Urban Renewal Authority, Charleston Area Alliance, the state and a local bank will result in a $520,000 project to purchase the building and secure it by putting in new windows and replacing the roof.
Kanawha County Commissioner Dave Hardy said he anticipates the first floor to be ready for small retail and office space by November. He said renovation of the other floors could provide much-needed office space in the Elk City area of the West Side.
The Staats building has been listed as Charleston’s most endangered structures. It was built in 1932 and was the first building designed in West Virginia by an African American architect.
Commissioner Hardy said the deal includes $80,000 from the Bullock family, an $80,000 loan from CURA, a $155,000 loan from First Bank of Charleston, $15,000 from the Charleston Area Alliance and two state grants totaling $40,000.


Man Killed in ATV Crash



A man is dead after a crash involving two ATVs in Nicholas County.

The incident happened along Panther Mountain Road.

Deputies say the two ATVs were coming down a hill when a man on an ATV rear-ended another four wheeler, driven by Charles "Chad" Taylor, 28, of, Dixie.

According to the news release, the impact caused Taylor's ATV to roll over and land on top of him.

Taylor was taken to Summersville Regional Medical Center where he later died.


Two other people, including a juvenile were hurt in the incident. No word on their conditions.
The incident is still under investigation.


Wayne County School Board Temporarily Halts Search for New Superintendent



The search for Wayne County's next school superintendent is on hold for now.

On Tuesday night, the school board decided to put off the search for a permanent replacement until the new school board is seated in July.

Instead the board will offer a contract to Lynn Hurt to continue serving the district as the interim superintendent.

Board President Joann Hurley said board members are reviewing several candidates to find the right fit for the job.


Earlier this month, 10 people applied for the superintendent post. It's not clear if the new school board will re-open the application process or choose from the existing applications.

Tuesday, May 27, 2014

DHHR hopes to reduce fraud in Medicaid with broker service



The state DHHR hopes to save at least a few million dollars a year by hiring a broker to handle non-emergency medical transport services for state residents under Medicaid.
The DHHR announced last week the hiring of St. Louis-based Medical Transportation Management.
DHHR Deputy Secretary Jeremiah Samples said MTM will coordinate the federally mandated non-emergency transports in hopes of uncovering current fraud in the system. The program is currently managed by county DHHR offices.
In 2013, there were more than 432,000 non-emergency transports in West Virginia for residents under Medicaid. Samples said most of them were friends and family members taking those residents for doctor visits, but he said, not all of those doing the driving should be reimbursed.
When the original bids for a broker were put out last year the broker was also to be in charge of choosing ambulance services that do non-emergency transports. Those services expressed concern about the change so in a second bidding the DHHR removed stretcher transports from the broker system. So if a person is taken by ambulance on a stretcher for a non-emergency transport it will not be managed by the broker.
Samples said states similar to West Virginia like Mississippi and Delaware have saved millions of dollars a year by going with a broker. He believes that same potential exists in West Virginia.
MTM will also have to perform. Samples said the DHHR can cut the contract after a year.

MTM will begin its work in West Virginia on June 1 with full broker services scheduled to start this fall. 

FDA looking to expand authority to include additional tobacco products


Officials with the Food and Drug Administration are working to expand the FDA’s authority and regulate additional tobacco products like electronic cigarettes along with cigars, pipe tobacco, nicotine gels, water pipe or hookah tobacco and dissolvables.
A public comment period on that proposed regulatory expansion for the evolving tobacco marketplace continues through July 9.
“None of these products are currently regulated by FDA.  The only tobacco products that we regulate are cigarettes, smokeless tobacco and roll your own,” Mitch Zeller, director of the FDA’s Center for Tobacco Policies, told MetroNews.
“We are proposing to regulate those products and make it illegal to sell any of these currently unregulated products to kids, make it illegal to sell any of these products in a vending machine — unless the vending machine is in an adult-only establishment.  We’ve also proposed a series of health warning labels depending upon the category of product.”
With FDA regulations, the age limit to buy e-cigarettes and the other tobacco products could be set at 18 at least.  Individual states could choose to implement a different age limit.
Manufacturers would also have to register their products and ingredients with the FDA and undergo a full FDA review before marketing new products.  Currently, Zeller said there are many questions about what health risks e-cigarettes and the other products pose and, in some cases, how much nicotine or other chemicals are being inhaled.
Between 2011 and 2012, a study from the Centers for Disease Control and Prevention showed the use of e-cigarettes among high school students more than doubled — from 4.7 percent to ten percent.

Zeller said the additional FDA regulatory authority is overdue.

Man Arrested in Shooting



A man is behind bars, accused of shooting through someone's mobile home and hitting the person inside.

It happened about 4 a.m. Sunday in the West Hamlin area of Lincoln County.

West Virginia State Police say Robert Lambert shot through the mobile home, hitting Dale Vance Jr..

Lambert is charged with malicious wounding and five counts of wanton endangerment.

Vance's injury is not considered to be life-threatening.


Sunday, May 25, 2014

Boone man arrested in post office break-in



A Boone County man is custody after he allegedly broke into the post office at Nellis Friday.
Boone County sheriff’s deputies arrested Cody Javins, 21, of Nellis, and charged him with breaking and entering. They said they found evidence linking Javins to the crime and he confessed.
The break-in happened at around noon Friday. Javins was arrested a short time later. Deputies said they anticipate another arrest.

Federal authorities have been contacted because the crime took place at a U.S. Post Office.

Several injured in Preston County race accident


Races for the GNCC Mountaineer Run in Preston County continued as scheduled on Sunday at Marvin’s Mountaintop following an accident near the finish line on Saturday that injured several people.
Reports indicated a UTV — a utility vehicle larger than an ATV — ran into a crowd of people around 3:30 p.m. Saturday during a trail race at the Masontown site.
At least five people were injured. Two were reportedly dealing with leg injuries, while injuries for the three others were not described as serious.
Race organizers said the following on Twitter: “GNCC extends our deepest concern and compassion for those injured today (Saturday). The AMA is investigating the cause of the accident.”

Deputies with the Preston County Sheriff’s Department were also investigating.

Boating Season Begins along with Safety



During this Memorial Day weekend the boating season begins for many.

At Jenny Wiley Resort Park, Dewey Lake filled with pontoons, house boats and fishing boats days ahead of the holiday.

As the lake fills with boaters, officials say it's important that everybody has safety in mind.

State officials suggest passengers ages twelve and under wear a life jacket at all times.

They also recommend all passengers have a life vest available nearby.


Fallen soldiers honored at the West Virginia National Cemetery



Hundreds of veterans and citizens gathered at the West Virginia National Cemetery on Sunday to honor fallen soldiers.
The ceremony was part of Grafton’s 147th Annual Memorial Day Program, which began Friday and continues through Memorial Day. It included patriotic music from the Taylor County Middle School Band and All-County Chorus, a salute by the Taylor County Honor Guard, speeches from veterans and a presentation of wreaths from various veteran organizations.
The reason for the ceremony is to help keep the reason for the holiday in the minds of those in attendance.
West Virginia National Cemetery is one of 131 National Cemeteries in 39 states and Puerto Rico honoring Memorial Day

More information about the cemetery can be found at cem.va.gov.

Friday, May 23, 2014

Two Logan Businessmen Sentenced for Roles in Arson Scheme


Two men were sentenced in federal court this week for their roles in an arson scheme in Logan, West Virginia.

James Gregory Glick, 44, of Logan, was sentenced to seven years and three months in prison.
William Jamey Thompson, 45, of Chapmanville, was sentenced to five years in prison.

They were both sentenced on a charge of conspiracy to burn a building in downtown Logan, and fraudulently collecting the insurance proceeds.

In January 2012, Glick bought a building across the street from 317 Steakhouse, which he owned and operated.

Investigators say he then worked with Thompson, who owned Baisden and Associates insurance agency, to get a $1 million insurance policy on the new property. In exchange for placing the coverage, Thompson would receive $50,000.

On February 1, 2012, co-conspirators Guy Miller, Jr., 40, of Logan, Shawn Simon, 41, of Charleston, and Michael Williams, 44, of Logan, to help torch the building.

The men were caught on surveillance video from the 317 Steakhouse.

Glick received $1 million insurance policy in May 2012 and began sharing money with his co-conspirators.

In June 2013, the IRS started working with West Virginia State Police on a criminal investigation with the case and seized the remaining $450,000 in fraud proceeds from Glick.

The men were indicted in August 2013.

Glick and Thompson were ordered to repay the $1 million to General Star Indemnity Company and have to reimburse the City of Logan $3,900 for emergency personnel response costs.

The other three men are set to be sentenced next week.


WVSP Enforcing Click It or Ticket Program



Memorial Day Weekend is here, and that means more people will be traveling.

West Virginia State Police are enforcing the Click It or Ticket program by pulling people over for not wearing their seat belts.

Trooper Stuart Swope pulled over at least four people today for the same thing and says it's all about letting people know they can't get away without buckling up.

"We need to get people to get in the mindset that they need to continue to wear their seat belts," said Swope. "And for the most part most people do."

But he serves as a reminder to those who forget, or simply choose not to wear their belt.

The best advice troopers can give travelers, click it, so you don't get a ticket.


Two Wanted on Drug Charges in Louisa



Louisa Police are asking for help in finding two people wanted for trafficking drugs.

Police say Lindsey D. Davidson, 36, and James T. Schafer, 41, are wanted for trafficking heroin and theft by unlawful taking.

Police say they could be in the Huntington, West Virginia area.

If you know where these people are, call Louisa Police.


Gov. Tomblin Announces $1.3 Million in Justice Grants


Gov. Earl Ray Tomblin is announcing $1.3 million in grants for community-based substance abuse treatment and recovery service across West Virginia.

Seven providers will receive grants through the Justice Reinvestment program.

One grant will help fund a new, 60- to 100-bed Mercer County treatment facility.

Smaller, six- to 10-bed treatment facilities in Marshall and Wood counties would benefit. So would outpatient and treatment programs in Kanawha, Logan, Marshall, Mercer and Wood counties.

The funding will help hire counselors and specialists in multiple counties.

The largest grant, totaling $440,000, will go to Healing Place of Huntington.
Other recipients include Northwood Health Systems, Mid-Ohio Valley Fellowship Home, Harrison County Commission, Logan-Mingo Area Mental Health and Prestera for Mental Health Services.

Tomblin says the grants will help reduce prison overcrowding and drug abuse.


Thursday, May 22, 2014

DOH workers recognized for water emergency work



Dozens of workers with the state Division of Highways are being recognized for their work in the days and weeks after the Jan. 9 Freedom Industries chemical spill that contaminated tap water in parts of nine counties.
Each of the workers with the Division of Highways who were recognized received a certificate and a coin from the West Virginia National Guard for their work.


Governor Earl Ray Tomblin, state Transportation Secretary Paul Mattox and state Adjutant General James Hoyer recognized the workers during a ceremony Wednesday at the State Capitol.

Threat Preparedness Practice



Hundreds of emergency workers from around the state now have a better idea of how to deal with a disaster. The Center for Threat Preparedness held its third annual preparedness conference Wednesday at West Virginia State University in Institute.
Event director Jerry Rhodes said the event is a great place to learn from fellow first responders and the experts they bring in to teach workshops.
“They all have the same purpose. In a disaster, they’re called in to take care of the public’s health,” explained Rhodes.
From EMTs to police officers, behavioral health experts to Office of Emergency Services directors, Rhodes said everyone has something to learn from others in the room.
“We want them to know each other, what their resources are, what their needs are. So that ultimately when the incident occurs, whether it occurs at a local level or a state level, it will just be managed better and we can do a better job of taking care of the public’s health,” explained Rhodes.
He said no matter what the crisis, emergency responders must know how to handle the situation.
“Our job is to make sure that we’re prepared irrespective of whether it’s a water event, a flood, a derecho, a pandemic or what ever it may be,” stressed Rhodes.
He said the Elk River water crisis was not that much different from disasters they deal with on a more regular basis. He says when it comes to response, it all depends on how well the team is trained and how well they work together to help solve the situation.


PSC launches general investigation into water company response to chemical spill



The state Public Service Commission has launched a general investigation into the response of West Virginia American Water Company following the Jan. 9 chemical spill at Freedom Industries just up the Elk River from the company’s Kanawha Valley Plant in Charleston. The spill caused a Do Not Use water order for residents in parts of nine counties.
In its announcement the PSC detailed what it will be looking for:
“The focus of the investigation will be whether, at the time of and under the circumstances that existed with the spill, the actions of WVAWC in reacting to the spill and the presence of MCHM in its raw water or finished water supply constitute unreasonable or inadequate practices, acts or services as provided for in State Law. Included in the information WVAWC is ordered to provide to the Commission is a chronological description of actions taken by the company beginning when any employee, representative of its parent company or service company became aware of the spill; locations and measurements of MCHM discovered in the water; the process and factors used to decide whether to close the intake structure at its Charleston water treatment facility, including which, if any, outside agencies were consulted and who ultimately made the decision regarding the continued intake of raw water from the Elk River; and a description of alternatives for water treatment or alternative or supplemental sources of treated or finished water were considered by WVAWC after it became aware of the spill.”
The order set a deadline for June 25 for those parties that are interested in intervening in the case. An evidentiary hearing is set for Oct. 7-9.
The PSC also said developing water quality standards is up to the state DHHR and will not be part of the investigation.


Goodwin announces record-setting medical fraud settlement



U.S. Attorney Booth Goodwin has announced a major settlement in connection with fraud committed against the state’s Medicaid program.
Goodwin said Wednesday Massachusetts-based Calloway Laboratories has agreed to a $4.6 million settlement. Calloway did urine tests for Medicaid but instead of charging the state for that, it added a pathology charge.
The settlement is the largest-ever health care fraud recovery in the U.S. Attorney’s Office in West Virginia.

“Drug treatment programs are a vital component of our ongoing battle against prescription drug abuse,” Goodwin said. “Treating providers rely largely on urine drug testing to determine whether patients are using illegal substances, and if so what substances, and whether patients are properly taking prescription medications as opposed to selling them on the street. The cost for such testing often falls upon federal health care programs like Medicare and Medicaid. The additional expense of unnecessary review, like that routinely performed by Calloway Labs, increases the burden on an already stressed system.”

Pair Arrested After Shots Fired in Parking Lot


A man and a woman were arrested Wednesday after shots were fired in the parking lot of a Lowe's store, West Virginia State Police say.

Jerry D. Morrison, age unavailable, a passenger in the car, was charged with five counts of wanton endangerment. Troopers say he shot five times into the air from the passenger-side door of the car.

Crystal Fillinger, 20, who was driving, was charged with five counts of accessory before the fact.

No one was hurt in the incident. It was reported about 12:45 p.m. Wednesday.


Tuesday, May 20, 2014

Tomblin appoints new Mingo judge



Earl Ray Tomblin appointed the Mingo County Family Court judge Tuesday to be the next Mingo County circuit judge.
Judge Miki Thompson, who won last week’s Democratic Party primary for the circuit judge’s seat, will now fill the vacancy created last year when Mingo County Circuit Judge Michael Thornsbury lost his seat on the bench after pleading guilty to a federal criminal charge.
Instead of appointing someone right away, Tomblin waited for Mingo County residents to decide on Election Day. They chose Thompson, who is unopposed in the general election. Now she’ll serve until that time. A win in November will allow her to fill the rest of Thornsbury’s term.
“Miki has a track record of working for West Virginia families during her time as a Family Court Judge for the 8th Circuit,” Gov. Tomblin said in a news release. “I believe she will continue her commitment to serving the people and the families of Mingo County well in her new role as Circuit Judge.”

The governor also appointed Lewisburg attorney Robert Richardson as circuit judge in Greenbrier and Pocahontas counties. He replaces Judge Joseph C. Pomponio Jr., who retired.

State Republicans accuse House Democrats of abusing mailing privileges



West Virginia Republicans are accusing state House Democrats of abusing their mailing privileges and taxpayer money.
State politicians have the ability to send mail to their constituents using taxpayer money with the premise it not be used for personal, political gains. The purpose is to harbor an environment of open communication between the statehouse and the people. However, after analyzing the mailings leading up to the recent primary election, the GOP is crying foul.
“We have the state Democrat party providing lists of frequent voters leading up to an election and those frequent voters were the only ones who received the campaign literature,” Conrad Lucas, West Virginia Republican Party Chairman said. “Let’s say, in some of these cases, where folks had contested primaries, they only mailed to Democrats.”
One House Democrat, Delegate Don Perdue, refuted the claim on the program when he said his personal letter was sent in the original spirit of the rule.
“My letter was sent to emphasize the successes by collaboration. I think I used the personal pronoun ‘I’ in it once and I certainly didn’t send a picture. I’ve seen myself.”
After a regular legislative session laden with issues, some criticized the group as a “do-nothing House.” Perdue said he wished to remind voters both sides of the isle worked together to tackle as many problems as they could.
When addressing the charge of only sending these letters to known frequent voters, it came down to targeting the demographic the message would most likely reach.
“Those are the people who are most engaged,” Perdue said. “They’re the ones that are most likely to pay attention and to be conversant enough with the issues to appreciate being delivered some communication on them.”
However, Lucas believed the Democrats crossed the line this year in order to block a Republican takeover of the House in the upcoming election.
“There’s a huge difference between regular constituent correspondence and updating constituents and then, in this situation, where you’re only targeting voters in weeks leading up to a primary election with lists prepared by a political entity.”
Perdue maintained there was no wrongdoing and said Republicans are grandstanding in order to gain an edge in the election.

“If Mr. Lucas would have his way, we don’t communicate at all,” he said. “It is a fine line, there’s no question, but by the same token, it just depends upon the message.”

Wayne County, WV woman pleads guilty to drug charges

A Wayne County, West Virginia woman faces up to 20 years behind bars after investigators say she was supplying Ecstasy to an alleged drug dealer's organization.

Ariell Varney, 23, of Wayne, pleaded guilty Monday in federal court to possession with intent to deliver MDMA, also known as Ecstasy.

Investigators say Varney was pulled over for a traffic violation in November 2013 in the 600 block of 8th Street in Huntington.

During the stop, investigators say a Huntington Police Department drug dog gave a positive alert on the truck on Varney's car. Inside the vehicle, they found a pill bottle contained an empty capsule and a similar capsule that contained a substance that tested positive for MDMA. They say there were also eight other tablets without markings in the bottle.

Varney was being investigated at the time by the DEA for her connection to Kenneth Dewitt Newman, also known as "K-Kutta".

Newman and 14 others were charged with various drug trafficking offenses in the Huntington area.

Investigators say Varney was living in Miami, Florida during the investigation. Investigators say she is believed to have been a supplier to Newman's organization.

In addition to Ecstasy, investigators say that Newman's organization was responsible for selling cocaine, heroin, prescription pills, marijuana, and crack cocaine.


Along with a prison sentence, Varney also faces $1 million fine when she is sentenced in August.

Mattox says DOH ‘thinking outside the box’



State Transportation Secretary Paul Mattox told state lawmakers Monday that unless some significant funding source is identified revenues coming into the state Road Fund look flat for the foreseeable future.
“It has been pretty much flat the past 12 years. Looking forward for the next six, from numbers we get from the state Tax Department, it looks flat for the next six years,” he said during a legislative interim committee meeting at the state capitol.
Mattox said he challenged his maintenance engineers at a recent meeting “to be innovative and look outside the box.”
The transportation secretary is talking about things like rubberized asphalt and using polymers in paving. He said the DOH will have to like to reduce the thickness of its resurfacing jobs.
“We currently put an inch and a half of asphalt down on our roads–we’re going to have to start putting three-quarters of an inch or an inch but increasing the strength by using the polymers which is still cheaper than putting down the inch and a half like we’ve done in the past,” Mattox said.
The DOH also plans to reduce the use of asphalt in the repaving of county routes. Mattox said more cheaper “surface treatments” will be used.
There are also things like recycled asphalt that can be used. Mattox said that could cut costs by 40 to 60 percent.
Sec. Mattox also told lawmakers that unless Congress comes through with new funding some federally funded projects would have to shutdown later year.

The state Road Fund is up in revenues about $31 million this fiscal year but that’s been swallowed up in a $13 million overage in snow and ice removal and pothole repair from the winter. 

Gov. Tomblin, Toyota announce early education program to begin at three W.Va. schools



On Monday, Gov. Earl Ray Tomblin joined The Education Alliance and representatives from Toyota Motor Manufacturing West Virginia to announce three West Virginia elementary schools selected to pilot Toyota bornlearning Academies this fall.
Highlawn Elementary in Cabell County, Buffalo Elementary in Putnam County and East Lynn Elementary School in Wayne County were selected to participate in the program, which will focus on supporting early childhood learning opportunities in West Virginia.
“Programs like Toyota’s bornlearing Academy are the types of public-private partnerships we must seek out to develop a foundation to support a lifetime of learning,” Gov. Tomblin said. “From early childhood education to programs throughout our education system, including middle school, career tech and workforce development programs.”
The program offers free school-based workshops which will attempt to teach parents and other caregivers how to turn everyday moments into learning opportunities by offering them hands-on activities and strategies they can use to maximize early learning and development and support future academic successes.
Since the program is school-based it hopes educators and school administrators will get to know each child and their needs.
Millie Marshall, President of Toyota Motor Manufacturing West Virginia said the program has the potential to help them in the long run because it stimulates the future workforce.
“Research has shown that setting that future worker on the path to success really begins at birth and with directed parent education,” she said. “Toyota Motor Manufacturing West Virginia is proud to make this investment, through Toyota bornlearning Academies, in the future of our company and in the future of the state.”

In the upcoming school year, Toyota will continue to expand the program in states where it operates manufacturing plants. The program was first launched in Kentucky in 2012.

Tomblin looks for flexibility in Courtesy Patrol bill



State lawmakers could end their brief special session Tuesday afternoon at the state capitol. Gov. Earl Ray Tomblin introduced six bills Monday, which lawmakers addressed quickly.
Most of the measures are cleanup from the 60-day regular session and a March 14 special session including funding for the state Courtesy Patrol program.
Tomblin administration Deputy Chief of Staff Jason Pizatella told lawmakers a bill to cap funding at $4.7 million for the Courtesy Patrol is aimed at creating flexibility from Lottery proceeds that go through the Tourism Promotion Fund.
“Now we don’t have any flexibility,” Pizatella said. “It’s 4-point-7 million no matter what it costs.”
The bill would take anything left of the $4.7 million amount to target tourism advertising including promoting of the state’s parks and forests.
Pizatella assured lawmakers there’s no attempt by the governor to get rid of the Courtesy Patrol.
“The governor is a supporter of the program and he wants to maintain it,” Pizatella said.
Another bill would make the state’s new minimum wage law apply to the minimum wage only. The bill lawmakers passed earlier this year had some unintended consequences when it came to federal rules for overtime. Failing to change the language could cost cities a lot of overtime money for workers, like firefighters, who work 24-hours shifts.
State Senate President Jeff Kessler said Monday he didn’t anticipate many problems with getting the governor’s agenda approved.
“It’s a relatively modest agenda. There’s no real major controversial issues on there. Mostly tweaks of legislation without getting into the merits of it,” Kessler said.
The House has a floor session scheduled for 11:30 Tuesday morning with the Senate set to come in at noon.