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Magistrate News

Peggy MacKenzie by Peggy MacKenzie
November 13, 2017
in Magistrate News
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The following citations have been recorded in the Tucker County Magistrate office:

  • Logan A. Bragg, Adrian, was cited for driving suspended and no motorcycle endorsement by TFC J.J. Schmidle.  He pled no contest to both charges and was assessed fines of $104.75 and court cost of $330.50.
  • Justin G. Pratt, Moorefield, was cited for expired registration and no MVI by Cpl. D.W. Burge.  He pled guilty to both charges and was assessed fines of $9.50 and court cost of $330.50.
  • James E. Arman, Thomas, was cited for expired registration 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:

  • David W. Bropst, Parsons, was charged with Animal Cruelty Second Offense by Chief W.D. Rowe.  He pled not guilty on Nov. 2.
  • Chezaray D. Posey, Parsons, was charged with Animal Cruelty by Chief W.D. Rowe.  She pled not guilty on Nov. 2 and a court hearing is scheduled for Jan. 18, 2018 before Magistrate Riley H. Barb.
  • David Eugene Pauley, East Lynn, was charged with Brandishing Deadly Weapons. According to the complaint, on Sunday, Oct. 28 at approximately 11:18 p.m., officers were dispatched by Tucker County Communications (911) to 850 Sawmill Lane in Davis , also known as the Alpine Lodge, for a fight between two individuals leading to one of them brandishing a firearm.  Deputy B.T. Zirk, of the Tucker County Sheriff’s Department, and TFC J.J. Schmidle, of the West Virginia State Police, responded.  Upon arrival, both officers met with the complainant, Dalton Roy, in the lodge’s office.  Zirk obtained a hand written and signed statement from Roy stating that he was in his hotel room arguing with his girlfriend when the hotel owner told them t o calm down.  Roy said when the owner left, a guy later found to be the defendant, came dawn and was allegedly banging on his door.  Roy stated he answered the door and starting arguing with the defendant and at that time the defendant allegedly pulled a gun and pointed it at Roy.  Roy further stated that he and the defendant began to fight and Paauley also allegedly grabbed the girlfriend and threw her against the wall.  On Sunday, Oct. 29 at approximately 12:32 p.m. the officers spoke with the defendant.  Zirk read the Interview and Miranda Rights Form to Pauley and he signed it. The defendant provided Zirk with a hand written and signed statement and stated that he did allegedly display a firearm during the argument with Roy.  He posted a PR bond of $1,000 and a Bench Trial is scheduled for Feb. 1, 2018 before Magistrate Riley H. Barb.

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

  • State of West Virginia verses Ryan K. Miller, Davis, received judgment of no contest plea for one count Battery which occurred on Oct. 3.  He was assessed fines of $4.75 and court cost of $165.25.  This case was heard on Nov. 6 by Magistrate Riley H. Barb.
  • State of West Virginia verses Elizabeth R. Nichols, received judgment of Motion by the Prosecuting Attorney to dismiss-Granted by the Magistrate-No fee charged on the case for one count unlawful acts of licenses – Beer sales under 21 which occurred on Oct. 19. Motion by the State to dismiss was granted.  This case was heard on Nov. 6 by Magistrate Riley H. Barb.
  • State of West Virginia verses Thomas R. Harsh, Parsons, received judgment of Preliminary hearing waived for 60 counts of Sexual Abuse First Degree and 60 counts of Sexual Abuse by parent, guardian custodian to a child.  A $20 fee was assessed and this case was heard on Nov. 7 by Magistrate William M. Miller. This case has been bound over to Tucker County Circuit Court.

The following cases have been heard in the Tucker County Circuit Court.

  • John M. Delsignore, Jr. was arraigned.
  • Michael Jones, Jr. received a plea agreement of guilty plea for two counts Failure to register as sex offender first offense.
  • Thomas Harsh, received bond reduction from $120,000 to $75,000 cash/surety, home incarceration with electronic monitoring and no contact with the victim.

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