By: Lydia Crawley
The Parsons Advocate
Following a Grand Jury Indictment, Clayton Mallow was charged with 34 counts of Fraud and Related Activity in connection with Access Devices. The access was alleged to stem from Mallow’s position at Nationwide Insurance in Parsons, according to August 9th News of Record in the Parsons Advocate. Mallow appeared in person with Attorney Fox before Judge Courrier of the 21st Circuit Court of West Virginia at the Tucker County Courthouse in Parsons on October 16th.
The Defense waived a reading of the Indictment. Judge Courrier informed Mallow of the Grand Jury charges. The Indictment included 34 counts of Fraud and Related Activity in connection with Access Devices. According to Judge Courrier, each count comes with a possible 10 year sentence as well as up to $10,000 fine, if convicted.
Tucker County Prosecuting Attorney Savannah Hull Wilkins said that witnesses would be appearing during trial. Judge Courrier granted release of the Grand Jury minutes 10 days before trial based on the fact.
Wilkins said that a “significant amount of charges” had been added in the case, including 10 additional counts in Randolph County. Wilkins also requested home confinement for Mallow. “Mr. Mallow continues to violate no matter what the conditions,” Wilkins said.
Wilkins said the facts of the case involved Mallow’s unlawful access of account numbers. The account numbers were further used to make a vast amount of purchases for minors in exchange for dirty socks and underwear from said minors, according to Wilkins. Some of the purchases were delivered to Mallow, Wilkins said, with others delivered directly to the minors involved. According to Wilkins, the case is sexually motivated with Mallow using the soiled garments to pleasure himself. Wilkins said there were also allegations that Mallow had used the account numbers to purchase vapes and alcohol for minors, as well as large screen televisions.
Wilkins said Mallow contributed to the delinquency of minors. According to Wilkins the case is active and ongoing due to the widespread nature of the crimes. Wilkins said minors in several counties were victims with more victims continuing to come forward. Among the counties, according to Wilkins, minors in Tucker, Randolph, and Mon Counties were involved.
Wilkins request for home confinement with no contact with minors stemmed from Mallow previously fleeing misdemeanor charges, according to Wilkins. Wilkins said Mallow had fled Pennsylvania while on probation. Wilkins said the Randolph County charges had been filed the previous Friday and she was not sure that Pennsylvania was aware of the Randolph County charges, but the state was aware of the Tucker County charges.
According to Attorney Fox, Mallow’s Pennsylvania case stems from a plea to a misdemeanor that resulted in nine months of probation. Attorney Fox said his client had not committed any other crimes while out on bond. “There is absolutely no evidence that he has committed any other crimes while on bond,” Fox said. “Its a Red Herring to keep him in jail and restrict his movements.”
Fox also said there was nothing in discovery regarding clothing items and asserted that any further restrictions were punitive. “To put more restriction on him is punitive,” Fox said.
Fox acknowledged that Mallow had been arrested in Randolph County on Friday. According to Fox, the Randolph County arrest resulted in 10 charges with $1,000 cash bond. “Bond should remain the same,” Fox said. Fox also said his client made no admissions when he was arrested in Randolph County.
According to Wilkins, body cam footage is available. “I have not been able to review those yet, but it is my understanding that statements were made,” Wilkins said.
Fox said Mallow has a new job starting on Thursday and counseling beginning Wednesday. “He needs help and he needs the opportunity to do that,” Fox said.
Wilkins said Fox’s claim was false. “It is false to claim none of these crimes occurred after he was on bond,” Wilkins said. “I can file a written motion outlining.”
Wilkins further said that the underwear from juveniles was found during a search and acknowledged by the defendant. According to Wilkins, a large number of juveniles were selling underwear to Mallow.
Fox said the accusation that he lied was false and referenced the criminal complaint from June. “To call me a liar is totally ridiculous. I have (the complaint) right here in my hand.”
Wilkins likened the ongoing investigation to a domino effect as more interviews and victims come forward.
Judge Courrier asked Community Corrections if they had any thoughts on the case. Dustin Luzier addressed the court and said his program has clients in other counties and have the ability to accommodate home confinement, as well as daily check-ins, counseling and evaluations. Luzier also said they can supply anything their therapists suggest. “We’d be more than happy,” Luzier said.
Judge Courrier ruled that Mallow be monitored and check in with Community Corrections to allow them to evaluate the level of check-in appropriate to the case. Mallow was further ordered to have no contact with juveniles by in person, internet, or social media by Judge Courrier. “It splits the difference between what the State requests and the request not to be more restrictive,” Judge Courrier said.
Mallow’s next appearance was scheduled for November 15th. Mallow is presumed innocent until proven guilty by a court of law.