Judge rejects pathological intoxication theory

A Charleston man was sentenced Wednesday afternoon to spend the rest of his life in prison after killing a 90-year-old Kanawha City man in January.

Anthony Caldwell, 39, asked Kanawha County Circuit Judge Jennifer Bailey to grant him mercy in the case so he would have a chance for parole in 15 years. He pleaded guilty in July to first degree murder.

Caldwell’s attorney claimed Wednesday his client may have suffered from pathological intoxication for a brief period of time when he attacked Molle, a man he knew. Judge Bailey concluded all of the injuries that Molle suffered couldn’t have been committed in less than a minute.


Caldwell killed Molle over a few coins in a tin can. He told police he was desperate for money to pay bills. Caldwell had previously done yard work for Molle.

Homemade biodiesel operation sets residence ablaze in Monongalia County

Monongalia County Emergency Officials confirmed a fire Wednesday night which started after a homemade biodiesel operation burst into flames.

Multiple crews responded to battle the blaze at the residence on Old Stewartstown Road outside of Morgantown.

Few details were available Wednesday night but an explosion was reported after the refinery utilizing vegetable oil sparked and then caught fire.

No injuries are being reported and Old Stewartstown Road was closed while crews fought the fire.

The investigation into the accident is ongoing.

Burn baby burn: Prescription drugs go up in smoke

West Virginia State Police now have five mobile incinerators troopers can use to burn unused prescription drugs. One of them was used Tuesday afternoon outside the Putnam County Courthouse in Winfield.

U.S. Attorney Booth Goodwin, State Police Lt. Michael Baylous and Putnam County Sheriff Steve Deweese were on hand to help destroy drugs collected in Putnam County.

“It’s one thing to collect them and get them out of people’s medicine cabinets, but you also have to have a way to dispose of them properly in an environmentally sound manner,” Goodwin said.

Goodwin said 2-and-a-half tons of unused pills were collected last Saturday in West Virginia as part of the ninth National Prescription Drug Take-Back Day.

The five mobile incinerators will be stationed across the state. Goodwin said there’s going to be a need weekly to burn up unused drugs because more and more counties are going to drop-boxes that are available almost all the time.

“We’re seeing these drop-boxes pop up all over southern West Virginia, probably all over the state, and that’s probably only going to increase. That being said, we can’t let up,” Goodwin said.


The U.S. attorney said disposing of unused drugs in a toilet or in your personal trash can be dangerous. 

State Election Commission criticized in Supreme Court arguments

Members of the state Supreme Court openly questioned Tuesday why the State Election Commission didn’t consider a 1992 opinion about ballot vacancies when it decided to keep a spot open on the Kanawha County ballot.

At issue is whether the Kanawha County Republican Executive Committee should be allowed to replace Del. Suzette Raines on the ballot in the 35th District delegate race after Raines withdrew from the race. The SEC decided Aug. 13 Raines’ reasons to get out of the race didn’t meet the standard needed to replace her. Republicans are challenging the ruling. The case was argued for 45-minutes before the High Court Tuesday afternoon.

The Supreme Court is expected to come out with ruling soon. If justices side with the GOP about 50,000 ballots in Kanawha County’s 35th District would have to be reprinted.

There are four open House of Delegate seats in the 35th District race. As it stands now, there are four Democrats on the ballot and three Republicans. Sprouse-McDavid finished fifth in the primary, just missing nomination to the Nov. 4 election.

Developer has to pay for violating ADA

A Charleston developer has agreed to pay fines, set up a compensation account and retrofit 30 apartment complexes that were not in compliance with the Americans with Disabilities Act.

The settlement between Douglas Pauley and the U.S. Department of Justice was announced Tuesday.

The DOJ said Pauley has more than 750 apartments in West Virginia that have accessibility barriers. Under the settlement agreement he and his affiliated entities will spent $1.7 million to make those apartments easier for those with disabilities to get around in including those in wheelchairs.

The corrective actions include “replacing excessively sloped portions of sidewalks, installing properly sloped curb ramps to allow persons with disabilities to access the sidewalks from the parking areas, replacing cabinets in bathrooms and kitchens to provide sufficient room for wheelchair users, and reducing door threshold heights.”

Pauley and others will pay $100,000 to set up a settlement fund for compensating those impacted by the violations. He was also fined $10,000.

Wayne County Fatality

One person has been killed, another hurt in a head-on crash in Wayne County yesterday morning.

The accident happened on Walkers Branch Road about ½ mile from the old Pilgrim Glass factory.

West Virginia State Police say Jordan Joseph, 25, of Huntington, was killed. The driver of the other car, a woman, is being treated for her injuries at a local hospital.

Troopers say both people had to be cut out of their cars.

Joseph died at the scene.

There is no word on the woman’s condition.

State Police are continuing to investigate.

Plea in Wayne County Murder

In a last minute plea bargain behind closed doors, a man from Wayne County admitted to killing his neighbor in a fight over a dog.

The trial for Ronnie Gunther, of Fort Gay, was set to get started Monday.

Gunther was indicted in March for the November 2013 shooting death of his neighbor, Williams Jennings Ward, who was 55. Investigators say the two men got into a fight over a dog.

Gunther decided instead of going to trial, to accept a first-degree murder plea with mercy. He did not make an appearance in court for the plea.

With this plea, he should be eligible for parole after 15 years.