By: Jennifer Dearborn
Three out of the five criminal cases to be heard before the Honorable Judge Nelson on Tuesday September 14, have been continued.
Eric Pennington was to appear but due to positive COVID19 cases within Tygart Valley Regional Jail he could not appear in person. His attorney contacted the court prior to the hearing with this information and it was decided to continue this case until October 12, 2021.
Jonathan Lambert appeared via satellite from the jail for provocation of his probation. Lambert’s attorney argued that there was not ample time to prepare for the case and asked that it be continued. Judge Nelson granted the continuance. Lambert will appear again on October 12, 2021.
Jason Hebb also appeared via jail satellite. There is a plea deal on the table for Mr. Hebb and it was mailed to the jail for him to look over. Hebb told Judge Nelson that he had not received a copy of this. Judge Nelson ordered a continuance for October 12, 2021. He instructed Hebb to be sure to ask the jail for his mail so he can be ready at his next hearing.
Dominic Bongiovanni was transported from jail and entered the courtroom in shackles. Mr. Davis, Bongiovanni’s attorney, opened up with arguments supporting his belief that Bongiovanni should be released from jail and issued probation. Bongiovanni has been incarcerated for one year. Davis argued “He wants a certain level of accountability and to continue on the path of sobriety.” Checking in with probation means Bongiovanni will have to submit to weekly alcohol and drug testing. Davis informed the court that Bongiovanni has a place to live if released from jail.
Frank Bush, prosecutor, argued that he has seven prior convictions and parole violations. He has no ties to the community and he does not work. Bush asked that Judge Nelson stick to the 1-10 year sentence.
After Bush closed, Nelson opened the court to hear from Bongiovanni. “I will never be back here, I guarantee it.” He claims the previous criminal charges were from his younger years. He has lived in West Virginia for 10 years and wants to remain here. He does not have a job, as he is retired. When asked why the judge should believe what he says, to which he replied, “My age. I want to live longer and do good.”
Judge Nelson revoked the 1-10 year jail sentence and sentenced him to fivebyears probation. If he does good after the first year then his probation sentence would be ended at that time. Nelson firmly stated at the end, “You come back, you go do your time.”