Magistrate News

The following citations have been recorded in the Tucker County Magistrate office:

• Samantha P. Thomas, Parsons, was cited for sale of alcohol to minor by Cpl. J.E. Kopec.  She pled no contest and was assessed fines of $25 and court cost of $165.25.
• Timothy C. McRee, Norfolk, Va. was cited for sell of alcohol to underage person by TFC J.J. Schmidle.  He pled no contest and was assessed fines of $10 and court cost of $165.25.
• Matthew E. Utterback, Davis, was cited for speeding (79-65) by Sgt. C.D. Siler.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.
• Andrade P. Imber-Ismar, Centreville, Va. was cited for speeding (35-25) by Cpl. D.W. Burge.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.
• Emily M. Lewis, Parsons, was cited for no insurance and expired MVI by Cpl. D.W. Burge.  Both charges were dismissed with proof shown.
• Zachary B. Mallow, Beverly, was cited for failure to use due cause by Deputy C.R. Donelson.  He pled guilty and was assessed fines of $4.75 and court cost of $165.25.
• Emmanuel Lora Almonte, Washington, DC, was cited for speeding (69-65) by TFC J.J. Schmidle.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.
• Jocelyn M. Gaujot, Thomas, was cited for expired registration by Cpl. D.W. Burge.  She pled no contest and was assessed fines of $4.75 and court cost of $165.25.

The following criminal complaints have been filed in the Tucker County Magistrate Court:

•  Frederick Stephen Herz, Milton, was charged with twelve counts of Failure to pay Hotel/Motel taxes.  According to the complaint on Oct. 20, Chief Deputy M. Sigley of the Tucker County Sheriff’s Office did receive a complaint from another Deputy Sheriff involving Timberline Four Seasons Resort not paying Hotel/Motel taxes.  He did receive tax statements from the Tucker County Assessor’s office for the Resort with monthly dates running from July 2015 to July 2018.  Upon reviewing the statements the Resort did pay taxes from July 2015 till Jan. 2016 for a total of $4,787.46.  Sigley did find that Timberline Resort did not pay taxes from Feb. 2016 to March 2017. He did notice that Timberline Resort did pay taxes in May 2017 for Feb. 2016 to March 2017 with approximate value of $25,840.13.  He did notice that the Resort has not paid taxes from June 2017 to June 2018.  He noticed that the Resort did make a payment for Nov. 2017 in July 2018 for a price value of $935.43.  On Oct. 25, Sigley did receive a Search Warrant on paper documents for Timberline Four Seasons.  On Nov. 2 he executed the search warrant at the resort.  After reviewing the paper documents that were provided he was able to determine that the resort has not paid on any Hotel/Motel taxes for approximately 12 months.  He was able to calculate that the resort owes approximately $4,258.29 as of Oct 2018 for those months not paid.
• He has a $6,241.25 cash bond.
• Justin Page Campbell, Frametown, was charged with two felony counts of Forgery and Uttering.  The complaint states that on Wednesday, May 17, 2017 TFC J.J. Schmidle responded to the Dry Fork area to assist BCI in a search warrant for 2545 Lanesville Rd.  During the search warrant a search was conducted in a male individual’s room (identified as Joshua Lee Campbell).  Campbell was identified by name, date of birth, because he did not have any identification.  Some pills identified as Buspirone Hydrochloride (Suboxone) were allegedly discovered.  He advised he did not have a prescription for the pills.  He was issued a citation for possession of a controlled substance.  The pills were secured and transported to West Virginia State Police Evidence Room.  Tucker County Prosecuting Attorney, Ray LaMora, contacted Schmidle in regards to this investigation.  He advised a Joshua Lee Campbell had contacted his office and advised him that a relative had falsely provided Schmidle with his identification.  Joshua Campbell stated that on the date of the citation he was in the hospital because of an injury.  Joshua Campbell advised his relative Justin Page Campbell is who was at the residence on Lanesville Rd. and that this was not the first time Justin Campbell had used his identification.  Schmidle was able to identify Justin Campbell by his inmate photograph from the West Virginia Regional Jail.  On the citation issued to Justin Campbell, he signed the document as Joshua Campbell.  A $5,000 bond was not entered.
• Joseph Dee Uffman, Parsons, was charged with one count of Petit Larceny. According to the complaint, on Nov. 28, Chief Deputy M. Sigley spoke with a female subject namely Kara Uffman, over the Telephone.  She stated that the defendant stole her credit card and allegedly took approximately $100 out of her bank account.  She said she called Mountain Valley Bank and asked about I t.  She stated the bank watched a video and saw that it was the defendant. She stated they are getting a divorce and that his name is not on her account.  A subpoena was executed for the bank video and was viewed by Sigley showing the defendant withdrawing money through the ATM.  He posted a $2,500 PR bond and a bench trial is scheduled for Jan. 29, 2019.

The following cases have been ordered and adjudged in the Tucker County Magistrate Court:

•  State of West Virginia verses David Dale Kisner, Parsons, received judgment of no contest plea for one count DUI 1^st.  He was assessed fines of $100 and cost and fees of $240.25, with time served of one day.  This case was heard on Dec. 6 by Magistrate Riley H. Barb.
• Dustin Bruce Moran, Parsons, received judgment of Probable Cause Found for one felony count of manufacture/deliver/possess with intent to manufacture/deliver (Section I, II, III, other) which occurred on Oct. 16.  This case was bound over to the Tucker County Circuit Court.
• State of West Virginia verses Tracey L. Elza: Parsons, received judgment of Preliminary hearing waived for one felony count of Uniform Controlled Substances Act-Prohibited acts C-Fraud Deception.  This case was bound over to the Tucker County Circuit Court.
• State of West Virginia verses Tracey L. Elza: Parsons, received judgment of Preliminary hearing waived for one felony count of forging, uttering or attempted to employ as true, a forged writing to the prejudice of another.  This case was bound over to the Tucker County Circuit Court.
• Mountaineer Infrastructure LLC verses Timberline Resort:  On Dec 10 in this case the court granted judgment of Dismissed Pursuant to Rule 15(b) against Timberline Resort.  Defendant has filed no answer and the plaintiff has not moved for default judgment.
• Mountain State Honey Company verses Yoders Country Kettle LLC:  On Dec. 10 in this case the court granted dismissed against Yoders.  Parties have settled.