By Heather Clower
The Parsons Advocate
The Honorable Judge Lynn Nelson presided over the recent Tucker County Circuit Court sessions which mostly consisted of abuse and neglect cases. Three criminal cases did appear on the docket, consisting of Tammy Mook, Justin Sacks, and Britni Ball.
Defense Attorney for Mook, Brent Easton, filed a motion to delay the trial once again, first on the claims of the health of his client being of concern. The physician of Mook provided a letter stating that she did have health issues, though should not prevent her from appearing for a trial. Based on that information, Judge Nelson denied the motion before Easton motioned once more to continue the trial due to a scheduling conflict of his. Due to conflicting trial dates, that motion was approved and Mook will appear November 4 for a trial on one of her two counts of burglary.
Sacks, who plead guilty in 2018 to possession with an intent to deliver methamphetamine, was offered a deferred adjudication by a judge. A deferred adjudication, sometimes refered to as an adjournment in contemplation of dismissal, probation before judgement, or deferred entry of judgement, is a form of plea deal where the defendant pleads guilty or no contest to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time. Once this arrangement is fulfilled, the defendent may avoid a formal conviction on their record or have their case dismissed.
Sacks was in the process of fulfilling these requirements when, in the opinion of the court, they were inappropriately being met. Prosecuting Attorney Ray LaMora made a motion to accept the former guilty plea made by Sacks, which Judge Nelson approved of. Sacks was sentenced to three years of probation, though he can be released after one year if no issues arise.
Ball reappeared before Judge Nelson with her attorney, Tim Gentilozzi, to conclude the criminal hearings due to a violation of home confinement restrictions. Upon this incident, Ball was returned to the Tygarts Valley Regional Jail until hear hearing. The Judge returned Ball to probation where she must also work with the Community Corrections Program for drug testing.
