By Heather Clower
The Parsons Advocate
It was an unusually brief morning for the Honorable Judge James Courrier in Tucker County Circuit Court on Wednesday, May 8. In addition to a few juvenile cases, he only had hearings from five other individuals.
Appearing first in the court room was Dustin Moran with his attorney, Brent Easton. Prosecuting Attorney Ray LaMora updated Courrier on the status of evidence being processed from the crime lab and a plea agreement is currently in consideration by Moran. However, that decision cannot be made until the evidence results are back from the lab. There was also a motion by LaMora to amend the indictment for a minor clerical error, which works in favor of Moran taking his potential sentencing per count from one to fifteen years to a one to five. The date of June 10 at 3:15 p.m. has been set with high hopes of having all evidence results back and moving forward with the case at that time with either a plea agreement or the setting of a trial date.
William Armstrong III entered with his attorney Frank Bush, updating Courrier that a resolution is in the works; however, LaMora must contact the victim in the case to verify all are in agreement. Armstrong’s mother, Tonya Armstrong, has been indicted in this case as well, and her attorney, David Fuellhart agreed to the same terms. Another pre-trial hearing has been set for June 10 at 2:15 p.m. to either reconcile the case or set a trial date.
Also scheduled to appear was Tracey Elza for a suppression hearing. Unfortunately the Law Enforcement Officer had not been notified of his need to appear; therefore, the suppression hearing has been postponed until June 10 at 2:45 p.m.
Ending the session for the day was Ronald James with Attorney Bush. A plea agreement had been reached stating if the defendant pleads guilty, his sentence of one to three years’ incarceration would be suspended for one to three years probation with stipulations stating he would be responsible for the back child support owed in the amount of $11,892.72 as well as court costs and probation fees. This is James’ first felony, therefore Courrier explained in detail what that meant for his future.
LaMora asked for his home incarceration terms to be lifted and his ankle bracelet be removed, however he does have an outstanding balance with Community Corrections that needs to be rectified as well. “Right now I see no reason to not do that,” agreed Courrier. However, he did reiterate that in this case, he has the right to reestablish the penitentiary sentence if James violates his probation. Since the agreement came about quickly and unexpectedly, Courrier ensured James had enough time to read, understand, and clarify his plea agreement prior to signing, to which he replied, “I’m good.” “It seems to be a fair resolution,” Courrier agreed. In order to further encourage James, Courrier stated if after just one year if he has paid back all his mandated fees, he will terminate his probation at that time. Before adjourning, Courrier reminded James, “Make sure you keep in touch with the Probation Office,” which he assured he would. Courrier wished James good luck and court adjourned.
Lester Mook was scheduled to appear for a trial by jury on Friday, May 10 on his charge of receiving and/or transferring stolen property, in this case regarding the side by side, however there has been an issue arise requiring the trial to be continued. At the time of publishing, no date has been set.
In regards to the scheduled Timberline hearing to consider placing Timberline Four Seasons Resort Management, Timberline Reality, and Long Run Reality into receivership along with Timberline Four Seasons Utilities that has already been placed, this hearing was postponed due to lack of representation by Frederick and Tracy Herz and was scheduled to proceed on May 28. However, due to the filing of Chapter 11 Bankruptcy by Timberline Four Seasons Resort Management and Long Run Realty, in addition to Herz, Herz, and Reichle, the receivership hearings must be postponed.