By Heather Clower
The Parsons Advocate
The Tucker County Circuit Court had a full docket with the Honorable Judge James Courrier presiding while all safety precautions were taken to maintain the safety of everyone involved. William Ball Jr. appeared with his defense attorney, David Fuelhart, for sentencing as a result of a plea agreement that was accepted. Prosecuting Attorney Ray LaMora argued that Ball has neglected to take responsibility for his actions and during the pre-sentencing investigation, refused to admit that he committed a crime he pled guilty to. LaMora stated that this was a serious crime where a Department of Health and Human Resources officer was threatened to be shot.
Fuelhart disagreed, stating his client has a limited criminal history and has had no issues during his time on bond. Judge Courrier stated there would be no harm in giving Ball a chance at a deferral. Ball was sentenced to three years of probation, is required to undergo anger management through Community Corrections, and was ordered 100 hours of community service. Probation is permitting Ball to maintain a firearm on his farm that is only to be used for protection on that property.
A capias was issued for the arrest of Steven Moore for failure to appear in court; however, he has yet to be located. The bench warrant will remain in effect until Moore is in custody and will then return to court.
Joseph Dowd was set to appear for failure to register as a sex offender, though was not present. Defense Attorney Timothy Prentice informed the court that his client is in Ruby Memorial Hospital stricken with multiple forms of cancer and is currently in Hospice care. LaMora requested proof of Dowd’s illness, and if it is confirmed the case may be dismissed.
Prentice also represented James Waybright on one count of failure to register as a sex offender. A plea to a lesser account was offered with the state recommending a one to a five-year sentence with no limitations on the defense argument, and the prosecution will not seek a recidivist.
LaMora provided a recitation of facts that stated on March 16, 2020, Sgt. C.D. Siler called Trpr. C. Donelson regarding a Facebook profile that existed of a convicted sex offender in Tucker County. The profile was linked to Waybright who failed to list the profile on his registry which was last updated on January 27, 2020. Activity on the account began in October 2019 and had continued. Upon contact with Waybright, he admitted he had failed to report the account within his mandated 10 days. Waybright will return to court on February 11, 2021, at 11:30 a.m. for sentencing.
Melissa Waybright, currently in Tygart Valley Regional Jail, appeared before the court on 149 counts of child abuse resulting in injury and two counts of child abuse resulting in serious bodily injury, along with her counsel Prentice. A plea offer has been made to M. Waybright, however, at the time of the hearing has yet to be accepted or denied. A hearing will be held on January 13, 2021, at 11:30 a.m. to discuss further or set for trial.
Lester Mook’s attorney Pat Nichols made a motion to the court to dismiss charges two, three, and four due to the indictment not fully informing his client of the allegations. LaMora disagreed with the motion as he suggested the defendant is fully aware of the charges and cited literature to support those claims. Judge Courrier will consider the motion as he reviews the Grand Jury transcript. If it is discovered that the Grand Jury deliberated as the charges are presented for counts two and three, but the motion for count four will be denied. Mook will return on February 11, 2021, at 2:45 p.m.
Jason Adkins failed to appear again for Tucker County Circuit Court as his counsel Hillary Bright stated he was unable to secure transportation. LaMora expressed frustration for the failure to appear as the plea hearing has been set twice and Adkins did not attend either time. Bright agreed to meet with her client, who is currently in a sober living house, and have all documents signed before the next hearing, which is set for January 8, 2021, at 11:15 a.m.
Defense Attorney Brent Easton and defendant William Murphy were set to appear for violating probation. Murphy failed to appear for his hearing which resulted in LaMora motioning for a capias. Judge Courrier granted the motion and granted a bench warrant to be made for Murphy’s arrest. The matter will be continued until the defendant is taken into custody.
