PARSONS – A Clarksburg man will serve three years of probation after entering a guilty plea Wednesday in Tucker County Circuit Court. Michael Hartzell, 47, of 676 Mulberry Ave., Clarksburg, was indicted by the Tucker County Grand Jury in February on one count of bribery in an official matter. Hartzell appeared in Tucker County Circuit Court Wednesday with his attorney Eric Hensil.
Hartzell appeared before Tucker County Circuit Court Judge Lynn Nelson in November to enter his guilty plea, but after his blood alcohol level revealed a 0.036 reading, Nelson delayed the plea hearing until Wednesday.
Nelson sentenced Hartzell to not less than one nor more than 10 years in the state penitentiary, but suspended the sentence, placing Hartzell on probation for three years.
In other cases in Tucker County Circuit Court:
Mark Allen Poling, 29, previously waived his right to a preliminary hearing on an alleged charge of sexual abuse in the third degree. Poling violated his terms of parole and is currently in the Tygart Valley Regional Jail.
Poling’s attorney, Hensil, tendered a motion for a psychological evaluation. Tucker County Prosecuting Attorney Ray LaMora, said his only issue was that he did not want the evaluation to be on the state’s dime.
“He has been convicted and I believe that the Department of Correction needs to pick up the fee for that,” LaMora said.
Charles Miller, 60, of Thomas. Miller was indicted by a Tucker County Grand Jury on three counts of sexual assault in the third degree, three counts of sexual abuse of an incapacitated adult and three counts of sexual abuse by a parent, custodian or guardian. He appeared Wednesday with his attorney Jeremy Cooper who asked for a continuance since he just took the case. Nelson granted the continuance.
James Waybright, 47, of 458 Smokey Hollow Road, Parsons, also appeared with his attorney Cooper. Waybright was indicted on one felony sexual assault in the second degree charge. The complaint said he had intercourse with the alleged victim July 4, 2013 after she told him she did not want to have sex with him.
Cooper requested a continuance because he was just recently assigned the case. Nelson granted the continuance.
Jessica Poe, 24, of Hambleton entered a rehabilitation program. Her attorney, Megan Allender appeared on Poe’s behalf Wednesday. Poe was charged with alleged probation violations.
Allender said they are working to get her into a longer program.
LaMora asked for a stipulation that if Poe is released prior to being sent to long-term treatment, and she fails a drug test, that she be picked up and returned to jail. Nelson agreed to the stipulation.
“She is down to the last thread with us,” Nelson said.
Daniel Long, 56, of 24 Knotty Pine Drive, was charged with seven counts of abuse or neglect of an incapacitated adult, three counts of domestic battery and one count of interfering with emergency communications. He appeared with his attorney Jeremy Cooper, who requested Long be allowed to return as caregiver of the incapacitated adult.
LaMora said he disagreed with the request.
“I don’t dispute the fact that the victim loves her husband,” LaMora said. “As the court is well aware in most abusive relationships there is still a lot of love. But that still does not give someone the right to do the things that are alleged in the criminal complaint or to treat someone in the manner the alleged victim says she was treated. We would disagree with modification of the bond. I am not questioning the validity of what the investigator did or what she was told, but in no conversations with the victim did she say the allegations did not take place.”
Nelson refused to modify the bond.
