State v. Timothy Sypolt, Jr.
In the State v. Timothy Sypolt, Jr., the defendant appeared in court along with his attorney Timothy Gentilozzi in a pre-trial hearing in Sypolt’s one charge of sexual abuse by a parent, guardian, custodian to a child (61-08D-05(a)).
Judge Shaffer ordered a grand trial transcript be supplied to the defense as part of the judge’s standard procedure for all anticipated witness testimony in the upcoming trial.
A plea offer has been extended by the prosecution in the case. Tucker County Prosecuting Attorney Savannah Hull Wilkins said she anticipates the parties have come to an agreement on the terms and that the details just need placed into writing, as they currently only have a verbal agreement on the case.
A hearing on the plea offer is scheduled for April.
State v. Sheena Boyles
In the State v. Sheena Boyles, the defendant appeared in court along with her attorney Morris Davis in a pre-trial hearing in Boyles’ charges of one count grand larceny (61-03-13(a)) and conspiracy (61-10-31).
Attorney Davis said in court that his client is doing well in treatment.
Tucker County Prosecuting Attorney Savannah Hull Wilkins said that the parties had reached a plea agreement and that the case only needed scheduled for a plea hearing.
A plea hearing on the case has been scheduled for April.
State v. James Wilfong
In the State v. James Wilfong, the defendant appeared in court with his attorney Sam Hess in a pre-trial hearing in Wilfong’s charges of one count Grand larceny (61-03-139a)) and one count conspiracy (61-10-31).
Attorney Hess said that a plea agreement in the case had been reached. Prosecuting Attorney Savannah Hull Wilkins will be supplying the order to Judge Shaffer in the matter.
State v. Jesse Mowery
In the State v. James Mowery, the defendant appeared in court with his attorney Tim Prentice for an arraignment hearing on Mowery’s charges of one count Grand larceny (61-03-13(a)) and one count conspiracy (61-10-31).
A plea agreement in the case has been extended by the prosecution and according to the defense was discussed on the phone the day prior to court. Attorney Prentice said he anticipated an agreement in a week or two in the case.
Judge Shaffer ordered to set either a plea hearing for April if a plea is reached or if not, a trial will be scheduled for May in the case. A preliminary plea hearing has been set for April.
State v. Patricia Reall-McClure
In the State v. Patricia Reall-McClure, the defendant appeared in court along with her attorney Sam Hess for a pre-trail hearing in Reall-McClure’s charges of one count of Embezzlement (61-03-20), one count Grand larceny (61-03-13(a) and one count obtaining money, property and services by false pretenses, penalties (Larceny) (61-03-24)a)(1)).
Attorney Hess said the case was complicated and had been ongoing since 2016. The case stems from an estate issue.
A plea agreement may have been reached in the case, but work needs to be done on some restitution involving property, Tucker County Prosecuting Attorney Savannah Hull Wilkins said.
A pre-trial hearing on the matter has been set for May.
State v. Jeremy Lower
In the State v. Jeremy Lower, the defendant appeared in court along with his attorney Sam Hess in an arraignment hearing in Lower’s one count of a person shall not commit a fraudulent insurance act (33-41-11(a)) aka insurance fraud.
Lower was indicted in February by Grand Jury on the charge.
Lower had received a written copy of the indictment and his attorney explained the charges. Lower said he understood the nature of the charges and could enter a plea, as well as waived the reading of the indictment.
Lower entered a plea of not guilty at the hearing.
A discovery motion was made by the defense. Judge Shaffer requested that motions be filed prior to the next hearing.
Tucker County Prosecuting Attorney Savannah Hull Wilkins requested a $10,000 bond and a no contact order against two individuals with not objection from the defense. Lower was given until 2 p.m. to post bond by Judge Shaffer.
The defense requested a copy of the financial affidavit and indictment in the matter.
A pre-trial hearing was set for April in the matter.
State v. Celena Myers
In the State v. Celena Myers, the defendant appeared in court along with her attorney Timothy Gentilozzi in a hearing to modify/revoke probation in her sentencing charge of one count of controlled substance – manufacture or possess with intent to deliver Sched I or II narcotic or meth (60A-04-401(a)(i)).
The hearing was the result of a motion made by Tucker County Prosecuting Attorney Savannah Hull Wilkins. Wilkins sought to modify the sentencing order to have Myers drug testing done at Community Corrections via earlobe stick. Under the current order, Meyers undergoes a venous draw at a medical facility of her choosing.
Gentilozzi argued that the order not be modified due to legitimate medical issues that the defendant currently suffers from that would make traditional blood testing via finger stick a hardship for his client. He also said that his client was willing to undergo the venous draws, had been undergoing them at her own expense, and had made adjustments to her budget for the expense.
Dustin Luzier, Director of Community Corrections testified that the draws were not confirmed by their lab and that the standards that there was a great discrepancy between what the hospital level of testing for substances was and what Community Corrections tests for. He also said that when tested at Community Corrections, the defendant had tested positive prior to beginning testing at outside agencies where she had clean results.
Judge Shaffer said he would leave the order in place, but did warn the defendant that she “better not miss a test.” The judge also ordered an extra vial be released for testing by Community Corrections’ lab for confirmation with staff to accompany the sample for chain of custody.
“I’m going to give you the benefit of the doubt,” Judge Shaffer said. “If we have any issue. You know what my ruling is going to be.”
State v. Wendall Morgan
In the State v. Wendall Morgan, the defendant appeared in court along with his attorney Aaron Yoho for a suppression hearing in his indictment for one count of persons prohibited from possession a concealed firearm.
Tucker County Prosecuting Attorney Savannah Hull Wilkins said a plea agreement had been made in the case that would resolve both of Morgan’s cases, as well as the case against Morgan’s wife.
In the plea, Wilkins said Morgan would plead to possession of a firearm and the Grand larceny and wife’s cases would be dismissed. Morgan would pay restitution in the case under the agreement.
A hearing on the plea agreement is set for April.
