Magistrate News

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

• Vonda W. Phillips, Parsons, was cited for failure to yield right of way by Cpl. D.W. Burge.  She pled no contest and was assessed fines of $4.75 and court cost of $165.25.
• Elizabeth S. Podsiaolo, Romney, was cited for no insurance by Cpl. D.W. Burge.  The charge was dismissed with proof shown.
• Zachary F. Barwinczak, 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.
• Tyler A. Bedford, Belington, was cited for loaded rifle in motor vehicle by WVDNR.  He was assessed fines of $20 and court cost of $165.25.
• Harvey M. Hawkins, II, Webster Springs, 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.
• Michael A. Shearer, Kerens, was cited for no insurance and expired registration by Cpl. D.W. Burge.  He pled no contest and was assessed fines of $204.75 and court cost of $330.50.
• Michael A. Shearer, Kerens, was cited for no WV MVI by Cpl. D.W. Burge.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.
• Joy Adkins, Davis, was cited for expired registration by Cpl. D.W. Burge.  She pled guilty and was assessed fines of $4.75 and court cost of $165.25.
• Karen J. Lewandowski, Thomas, was cited for expired registration by Cpl. J.E. Kopec.  She pled no contest and was assessed fines of $4.75 and court cost of $165.25.
• David M. Avey, Keyser, was cited for expired registration by Cpl. J.E. Kopec.  He pled no contest and was assessed fines of $4.75 and court cost of $165.25.
• Scott R. Swanson, Chandler, AZ was cited for failure to yield thru highway by Cpl. D.W. Burge.  He 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:

• James P. Michael, Parsons, was charged with one count driving Revoked for DUI.  According to the complaint on Friday, Feb. 8 Sgt. C.A. Teter was dispatched to a motor vehicle accident on US219 in the area of Moore Station Rd.  While en route it was reported that a white male subject fled from the vehicle and traveled into a wooded area near the accident scene.  Upon arrival Teter observed a green Honda Civic in a ditch next to a pole.  The vehicle had significant damage indicative of loosing control, hitting the embankment, rolling, and coming to a stop in the ditch.  A short while later the subject was located by EMS in a ditch line on Moore Station Road approximately 0.6 tenths of a mile from the accident location.  A strong odor of alcohol was noticed by the officer and his speech was slurred.  Teter noted injuries to his face/mouth area and the defendant allegedly stated he was not driving at the time of the accident.  There was no evidence of another occupant in the vehicle.  It should be noted that the defendant’s license status had been revoked for DI for two prior DUIs with effective dates of 9-5-17 and 5-17-18.  A bench trial is scheduled for July 16 at 11:30 a.m. before Magistrate Riley H. Barb.
• William Craig Turner, Seneca Rocks, was charged with one count DUI.  The complaint states that on Saturday, July 6, dispatch notified law enforcement of an intoxicated driver complaint.  It was reported that a driver had hit three vehicles while operating a vehicle.  Officers administered a PBT test and the defendant and it was positive for alcohol.  All field sobriety tests were failed.  A second test was administered at the Parsons Police Department with a result BAC of .101.  Turner was booked and transported to Tygart Valley Regional Jail.  A PR bond of $1,200 was posted and a bench trial is scheduled for Aug. 29 at 10:30 a.m. before Magistrate Riley H. Barb.
• Jeremy Dale Lower, Parsons, was charged with one count Domestic Battery.  The complaint states that on Sunday, May 19 Sgt. G.S. DeWeese was notified of a possible domestic violation at 204 Merrill St.  He responded and spoke with Deanna Waybright and a juvenile.  Both advised that the defendant had allegedly physically assaulted and attempted to choke them.  She advised she came back from a weekend stay with her sister and Lower had an attitude.  She stayed in the bedroom all day but came out to ask him if he had money for a phone.  She advised he threw a drinking glass as her and he started pushing the juvenile around and grabbed her arm.  She advised he then tried to choke her and her daughter then he pushed both of them around.  He then left with his boys.  A PR bond of $500 was posted and a bench trial is scheduled for Aug. 27 before Magistrate Riley H. Barb.
• Jay Dee Kennard, Davis, was charged with one felony count Conspiracy and one felony count Fraudulent claims to insurance companies.  According to the complaint on Saturday, Oct. 6 at approximately 11 p.m. TFC J.J. Schmidle and Tucker County Deputy D. Sliwinski were notified of a two vehicle UTV crash on US219 near Thomas.  Once on the scene officers found evidence of a crash but no vehicles were at the scene.  The officers and Thomas Fire Department started a search were one vehicle was found near the Catholic Church.  After arriving on scene Schmidle noticed a flatbed truck traveling toward the crashed UTV.  The passenger advised the wrecked vehicle was his and he was identified as Kennard.  He advised he and another individual identified as David John Scott, III had been traveling on US219 in separate UTVs.  Kennard advised Scott allegedly stopped short and he crashed into him.  He stated after the crash they rolled their UTVs back over and left the scene.  Kennard also allegedly stated he had been drinking earlier.  During this conversation Kennard stated he had just bought the UTV that day and had not insured it yet.  Schmidle advised Kennard that he could not insure the UTV after the crash.  Schmidle issued a citation to Kennard for leaving the scene of an accident.  On Sunday, Oct. 7 both officers met with Mr. Scott at the West Virginia State Police Parsons Detachment in regards to this investigation.  They obtained a statement from Scott where he advised that he and Kennard were traveling on US219 in their UTVs.  Scott said a car came around the turn and he slowed down and got close to the guard rail when Kennard came up behind and ran into him.  Scott stated after the crash they flipped the UTVs back up and left the scene.  During this conversation Schmidle told Scott that Kennard had advised he did not have insurance on his UTV.  Schmidle issued a citation to Scott for leaving the scene on an accident.  On Monday, Oct. 22 Special Investigator Ross Lockhart for Geico Insurance called the WVSP and spoke with Sgt. C.D. Siler.  Lockhart inquired about the accident on Oct. 6.  Siler advised Lockhart that Schmidle was the investigating officer and would contact him with further details.  On Wednesday, Oct 31 Schmidle contacted Lockhart by phone.  Lockhart advised Schmidle that Kennard had insured his crashed UTV on Oct 7.  He advised that Kennard told Geico that the crash had occurred on Monday, Oct 8 in the evening hours and that no law enforcement had been contacted or involved in regards to the crash.  Lockhart further advised that Scott had also been listed in the claim with Kennard.  Lockhart also spoke with Scott in regards to the claim.  He advised that Scott stated that the crash had occurred on Monday, Oct. 8 and he just wanted his “buggy” replaced.  Lockhart stated he called Kennard back about his claim and told him he knew the crash occurred on Saturday, Oct 6 and that he had received a citation from WVSP.  Kennard then allegedly advised he had provided Lockhart with false information regarding his claim.  Kennard was advised the claim was denied.
• David John Scott, III, Thomas, was charged with one felony count Conspiracy and one felony count Fraudulent claims to insurance companies.  According to the complaint on Saturday, Oct. 6 at approximately 11 p.m. TFC J.J. Schmidle and Tucker County Deputy D. Sliwinski were notified of a two vehicle UTV crash on US219 near Thomas.  Once on the scene officers found evidence of a crash but no vehicles were at the scene.  The officers and Thomas Fire Department started a search were one vehicle was found near the Catholic Church.  After arriving on scene Schmidle noticed a flatbed truck traveling toward the crashed UTV.  The passenger advised the wrecked vehicle was his and he was identified as Kennard.  He advised he and another individual identified as David John Scott, III had been traveling on US219 in separate UTVs.  Kennard advised Scott allegedly stopped short and he crashed into him.  He stated after the crash they rolled their UTVs back over and left the scene.  Kennard also allegedly stated he had been drinking earlier.  During this conversation Kennard stated he had just bought the UTV that day and had not insured it yet.  Schmidle advised Kennard that he could not insure the UTV after the crash.  Schmidle issued a citation to Kennard for leaving the scene of an accident.  On Sunday, Oct. 7 both officers met with Mr. Scott at the West Virginia State Police Parsons Detachment in regards to this investigation.  They obtained a statement from Scott where he advised that he and Kennard were traveling on US219 in their UTVs.  Scott said a car came around the turn and he slowed down and got close to the guard rail when Kennard came up behind and ran into him.  Scott stated after the crash they flipped the UTVs back up and left the scene.  During this conversation Schmidle told Scott that Kennard had advised he did not have insurance on his UTV.  Schmidle issued a citation to Scott for leaving the scene on an accident.  On Monday, Oct. 22 Special Investigator Ross Lockhart for Geico Insurance called the WVSP and spoke with Sgt. C.D. Siler.  Lockhart inquired about the accident on Oct. 6.  Siler advised Lockhart that Schmidle was the investigating officer and would contact him with further details.  On Wednesday, Oct 31 Schmidle contacted Lockhart by phone.  Lockhart advised Schmidle that Kennard had insured his crashed UTV on Oct 7.  He advised that Kennard told Geico that the crash had occurred on Monday, Oct 8 in the evening hours and that no law enforcement had been contacted or involved in regards to the crash.  Lockhart further advised that Scott had also been listed in the claim with Kennard.  Lockhart also spoke with Scott in regards to the claim.  He advised that Scott stated that the crash had occurred on Monday, Oct.8 and he just wanted his “buggy” replaced.  Lockhart stated he called Kennard back about his claim and told him he knew the crash occurred on Saturday, Oct 6 and that he had received a citation from WVSP.  Kennard then allegedly advised he had provided Lockhart with false information regarding his claim.  Kennard was advised the claim was denied.
• Jamie Allen Ferguson, Oakland, Md. was charged with three felony counts of Possession of stolen vehicle, one felony count of Conspiracy, one felony count of Burglary and one felony count of Breaking and Entering.  On Sunday, June 16 TFC J.J. Schmidle was notified of a possible burglary complaint by Tucker County 911.  He responded to the Horseshoe Run area.  Once on scene he met with the victim, Michael Wolford.  Wolford advised he had been notified by a neighbor that the garage door of a residence he owned was open.  He arrived at the residence and discovered the side door had been forced open.  He looked through the garage and found several things had been moved around and an ATV that was stored in the garage had been cleared off.  He stated he found an older model red/gray Honda ATV that did not run had been hid behind the residence.  He also advised that some tools had been hidden under the crawl space of the residence.  Two male individuals had been seen by several neighbors but nobody had obtained a name from them.  On Monday, June 7 Schmidle was notified that Sheriff B.K. Wilfong had been in active pursuit of a stolen ATV and was requesting assistance.  He received directions to Campbell Rd located off WV72.  Once on scene Schmidle discovered from Wilfong that a stolen red/gray ATV had been towed by a blue and white Yamaha ATV, with two riders, one on each vehicle.  Wilfong advised after a pursuit on WV72 and up Campbell Rd, the driver stopped, pulled a machete and cut the tow strap on the red/gray Honda causing it to roll back into Wilfong’s vehicle and obstructed pursuit.  Wilfong advised that he and PPD Patrolman N. Gidley would continue on in an attempt to locate the suspects.  Shortly thereafter Wilfong located the blue Yamaha and had seen the individuals run into the woods.  Schmidle assisted Wilfong in securing both ATVs and requested them be towed to the WVSP detachment in Parsons.  Schmidle did an NCIC check of the blue Yamaha ATV which came back as a stolen vehicle out of Valley Bend.  One suspect was apprehended and identified as Matthew Brogan.  A small nickel plated revolver was recovered in his possession.  He is a prohibited person possessing a firearm.  He identified the other suspect as Jamie Allen Ferguson.  On Wednesday, June 19 Ferguson was apprehended and a stolen green Honda ATV was recovered.  He confessed to breaking into a cabin and stealing food, tools and the green ATV.  A cash bond of $20,000 was not posted.

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

• State of West Virginia verses Timothy W. Myers, Parsons, received a no contest plea for one count accidents involving damage to vehicle.  He was assessed fines of $4.75 and court cost of $175.25.  This case was heard on July 2 by Magistrate Riley H. Barb.
• State of West Virginia verses Nathaniel A. Hemerick, Aurora, received judgment of guilty plea for one count no vehicle insurance and one count driving while license suspended or revoked.  He was assessed fines of $300 and court cost of $350.50.  This case was heard on July 2 by Magistrate Riley H. Barb.