By Beth Christian
Broschart
The Parsons Advocate
PARSONS – Six people indicted by a Tucker County Grand Jury Wednesday appeared before Tucker County Circuit Court Judge Philip B. Jordan Jr. Friday. Two Parsons residents, Richard Allen Bell and Joshua Lowther, who each face 16 felony counts, were direct indictments.
Bell and Lowther were each indicted on four counts of possession of child pornography, four counts of distribution of child pornography, four counts of conspiracy to possess child pornography and four counts of conspiracy to distribute child pornography.
Lowther appeared with his attorney James Hawkins. Tucker County Prosecuting Attorney Ray LaMora III said the state would not object to a personal recognizance bond, but asked that Lowther receive home incarceration.
Hawkins said Lowther has lived in Tucker County since he was 12 years old.
“He works in Elkins Express Care…and he has serious roots to the community in Tucker County,” Hawkins said. “His family lives in Dailey. He has known about these charges since on or before Sept. 24, 2014 when he was interviewed by Sgt. Talkington. He has made no effort to leave the jurisdiction and he has shown up here on his own today. We do not object to the PR bond but I don’t think it’s a case that calls out for home incarceration. There is not an alleged victim in the community that needs to be protected. It’s an internet crime essentially. If you want to prohibit him from internet access, we would not have any objection to that.”
Jordan set Lowther’s bond for $25,000 personal recognizance, and set his next hearing for 2 p.m. Nov. 10.
Bell appeared with his attorney Chris Cooper. Jordan set Bell’s bond at $25,000 personal recognizance and set his next hearing for 2 p.m. Nov. 10.
Also in Tucker County Circuit Court Friday:
-Amanda R. Sammons, 31, of Hambleton appeared with attorney Jeremy Cooper. Cooper made a motion to request home incarceration end for Sammons, which was denied by Jordan.
Sammons was indicted Wednesday on one felony count of third-degree sexual assault, three felony counts of sexual abuse by a parent, guardian or custodian and two felony counts of third-degree sexual abuse.
Sammons’ next hearing is slated for 1 p.m. Nov. 10.
-Cory Allen Lester, 22, of Hambleton, appeared with attorney Jeremy Cooper, who was sitting in for attorney Tim Prentice. Lester is currently being held in jail. LaMora said bond is currently set at $20,000 cash only.
“Bond was modified to allow him to be on home incarceration, but there was a home incarceration violation, so he was placed on a cash-only bond,” LaMora said.
Lester was indicted on one felony count of breaking and entering, one felony count of conspiracy and one misdemeanor count of petit larceny. His next hearing is set for 9:45 a.m. Nov. 10.
-Jesse James Burns, 20, of Parsons appeared with attorney Bush. Burns was indicted on one felony count of breaking and entering, one felony count of conspiracy and one misdemeanor count of petit larceny. Jordan ordered Burns’ bond continue and his next hearing is set for 10:15 a.m. Nov. 10.
-Howard Patrick “Trey” Hagan, 21, of Parsons, appeared with his attorney Bush. Hagan was indicted on one felony count of breaking and entering, one felony count of conspiracy and one misdemeanor count of petit larceny.
Bush said Hagan was wearing an ankle bracelet. “He was arrested 10 months ago and he has behaved,” Bush said. “I ask his bond continue but that he have the ankle bracelet removed. The other thing is, when the ski season starts, he will start to work as a snowboarding instructor at Timberline. Having an ankle bracelet on makes it difficult to wear boots and that sort of thing.”
LaMora asked for the ankle bracelet to remain. “Your honor, we feel the reason he has been so well-behaved is because he has the ankle bracelet. I think the bracelet is a deterrent.”
Jordan ordered Hagan’s bracelet be removed and ordered Hagan check in with Tucker County Community Corrections once a week. Hagan’s next hearing is set for 10:45 a.m. Nov. 10.
-David Allen Poling, 49, of Parsons, appeared with attorney Frank Bush. Poling is charges with one misdemeanor count of brandishing a firearm or other deadly weapon and one misdemeanor count of domestic assault, stemming from an incident July 9.
Jordan said there was a motion for a forensic evaluation to determine Poling’s competency to stand trial.
“Judge Nelson signed the order for that preliminary investigation which was completed by Dr. (Timothy) Saar (of Charleston),” Jordan said. “That report came to this court’s attention yesterday. I reviewed that and made a preliminary finding that he is not competent to stand trial. Dr. Saar indicated that he thought he (Poling) could regain competency with treatment within 90 days.”
Jordan ordered Poling be sent to Sharpe Hospital for up to 90 days, when a bed is available, to see if he can regain competency. He said the matter would be continued until a report is received from Sharpe Hospital.
