By: Jennifer Britt
The Parsons Advocate
The Honorable Lynn Nelson presided over court cases for Jonathan Heck, Keith Dishler, Timothy Myers, Kenzi Pitzer, and Jonathan Nuzum.
Heck, who was represented by public defender Brent Easton, accepted a guilty plea bargain for the charge of burglary for causing damage to the residence of Kenzi Pitzer. When officers responded to a call, placed by Pitzer, they found curtains ripped down, drug paraphernalia, and Pitzer reported Heck took $385 from her. Heck was ordered to pay restitution of $385, to complete an inpatient rehabilitation program, have no contact with Pitzer, and was placed on a two-year good behavior probation at which time all charges will be dismissed. Nelson commended Heck for already completing several months of his rehabilitation.
Dishler, represented by Easton, was charged with malicious assault and kidnapping. Dishler’s charge of malicious wounding carries a sentence of two-to-10 years. For the charge of kidnapping Dishler is facing a life sentence if convicted. Dishler has been held in custody. Easton requested of Nelson time to prepare for pre-trail motions. Nelson set December 6 to hear pre-trail motions.
Myers, represented by public defender Morris Davis, was charged with possession with intent to deliver (felony), reckless driving (misdemeanor), and driving on a revoked license for a previous DUI (misdemeanor). Myers is accused of possessing over $5,600 worth of methamphetamine (meth) with the intent to distribute. The charge carries a one-to-15-year sentence and up to a maximum of $25,000 fine. The reckless driving charge carries a five-to-90-day sentence with a $25 to $500 fine. Driving on a revoked license due to a prior driving under the influence (DUI) charge carries a $100 to $500 fine.
Myers was placed on a bond of $15,000 cash insured and ordered to report to Tucker County Community Corrections. Myers was to appear back in court but was a no-show. A capias has been issued for Myers.
Pitzer, represented by Davis, was charged with committing nine counts of committing fraud by access device. Pitzer’s charges carry a one-to-10-year sentence. Pitzer was granted, by Nelson, a $10,000 personal recognizance bond and was ordered to report to Tucker County Community Corrections and register a Court Disposition Reporting (CDR) with the West Virginia State Police.
Fraud by access device is defined as a criminal offense that involves the use of an unauthorized access device to obtain money, goods, services, or anything else of value. This type of fraud can be committed in a number of ways, including using a stolen credit card, debit card, or bank account information.
In addition, access device fraud can include driver’s license numbers, social security numbers, birth date, banking information, identification numbers, and signatures.
Tucker County Prosecutor, Savannah Hull Wilkins, has presented Pitzer and her attorney with a plea bargain. Davis stated that Pitzer was most likely going to accept the plea but requested time to explain the meaning of the plea bargain to his client due to the fact that she was young of age and had no prior knowledge of the judicial system. Nelson granted Davis until December 6 to discuss the plea bargain with Pitzer.
Nuzum, represented by Davis, waived his right to a preliminary hearing. It is unclear of the charges against Nuzum. To waive his preliminary hearing means he allows the prosecution to proceed on criminal charges against him without having to present its evidence. Most likely, a competent defense attorney would recommend waiving the preliminary hearing only if the evidence against the defendant was substantial or overwhelming, and waiving the hearing would benefit the defendant in a significant way.