By: Jennifer Britt
The Parsons Advocate
Kenzi Pitzer, represented by Public Defendant Morris Davis, entered into a plea agreement with the Tucker County Circuit Court. Court was reigned over by the Honorable Judge Lynn Nelson. The case was prosecuted by the Tucker County Prosecuting Attorney Savannah Hull Wilkins. Wilkins presented an agreement that included a guilty plea to one count of felony fraud by an access device. Pitzer is accused of stealing a co-worker’s credit card while working her shift in the deli at Shop and Save. Pitzer was ordered to be place on deferred adjudication that includes probation supervision with Community Corrections, pay full restitution, and have no contact with the victim.
According to the legal dictionary deferred adjudication is a plea deal wherein a defendant pleads guilty or no contest to the charges against him and can have the charges dismissed in exchange for his meeting the court’s requirements. While it may seem like deferred adjudication and probation are the same thing, there are differences between the two. For example, deferred adjudication is actually a type of probation, with probation being supervision of the defendant with certain conditions in exchange for jail time.
Keith Dishler’s pre-trail motions court date has been re-set for January 24, 2023, to provide his attorney time to look over motions filed by Wilkins. Dishler, represented by Brent 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 while awaiting trial.
Jonathan Nuzum was placed in custody after the Honorable Judge Nelson heard evidence presented by Wilkins that found Nuzum in violation of his probation. Nuzum had received a five-year probation sentence for the charges of sexual abuse in 2018 and served four and a half years of that probation sentence. Nuzum was originally charged and convicted of Sexual Abuse of a Minor in the state of Maryland in 2009 and served approximately three years and two months in a correctional facility.
West Virginia Trooper Igland was in court to testify that he had received crowd tips that Nuzum was operating a vehicle with no license and on August 16, 2022, had observed Nuzum turning without the use of a blinker. Upon further investigation on scene, it was found that the tags on the vehicle were not registered to the truck Nuzum was driving.
Igland then obtained a search warrant for Nuzum’s residence on Cheat Valley Hwy in Preston County and found Nuzum to be in be possession of three firearms (two pistols, one shotgun), methamphetamines, marijuana, drug paraphernalia and a side-by-side Nuzum had been operating. One of the pistols had the serial numbers shaved off.
Nuzum’s defense attorney Morris argued for the defendant to remain out on bail and that the defendant had a full-time job and placing him in custody would jeopardize that job. Judge Nelson replied, “I am not going to do it, not when you out riding around smoking meth and doing that sh*t. Not when you are on probation.”
Nuzum was taken into custody with charges of failure to register with the registered sex offenders of the West Virginia State Police and violation of probation. His pre-trail is set for February 7, 2022.
Anthony Scott was not present in court for his case as there was a mix up at the jail for transportation. Scott is charged with felony harassment after violating a lifetime restraining order against his victim. According to Wilkins, Scott has continually violated the restraining order and is accused of traveling from Barbour County to physically abuse his victim. Scott’s pre-trail motions date was set for January 24, 2023, and his grand jury trial is set for February 14, 2023.
Timothy Myers appeared in court after being detained for a capias issued at his last court hearing when he did not appear before Judge Nelson. Myers was arrested one hour after the capias was issued at Community Corrections when he showed up for a drug screening.
Meyers is 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.
Wilkins argued that Myers should remain in custody due to him not abiding by his bond conditions, not showing up for other current court cases and the fact he has been arrested several times in recent months. Morris argued that the defendant had received head and leg trauma during his recent automobile accident and still suffers effects from those.
Nelson entertained a motion that Myers be placed on an ankle monitoring bracelet and Wilkins agreed to those terms. Myers was ordered to report the West Virginia State Police the same day he was released with ankle monitor and to return to court on January 24, 2023, for pre-trial motions.
Tammy Mook’s defense attorney Easton explained to the court that Mook was not present in the courtroom because she was receiving treatment at a clinic in Cleveland, Ohio and asked that the pre-trail be continued. Wilkins added that the counsels were close to a resolution on the case and asked for verification or documentation that stated Mook was actually in the clinic. Judge Courrier stated he would continue pre-trail until January 12, 2023, at 11:15 a.m.
Courrier then heard the competency argument for Herbert Bennett. After being evaluated Bennett was determined to be incompetent to stand trial. Courrier order for Bennett to be placed in a state mental facility until he is competent and able to stand trial.
Bennett questioned how he was determined to be incompetent when he had refused to answer the questions presented by the state professional conducting the evaluation and said, “I refuse to go (to that facility)! I am of sound mind. I refuse to answer any questions. You are wasting your time.” Bennett declared his innocence and according to him the case should have been dismissed due to the fact that Wilkins was not present on the scene of the incident he was being charged with.
Bennett was charged with one felony count of wanton endangerment involving a firearm. According to the complaint on Wednesday, Oct. 19 Deputy C.R. Summerfield of the Tucker County Sheriff’s Office received a complaint about a subject shooting one of the lights at the Family Dollar Store in Parsons.
Bennett’s lawyer Timothy Gentilozzi explained that to Bennett that there was a report filed and he would make sure that Bennett received a copy of the report. No court date was set for Bennett.
