By: Jennifer Britt
The Parsons Advocate
The honorable Judge Lynn Nelson presided over court for the arraignments of Justin Clark Mallow, Kenzi Pitzer, Timothy Myers, Jr, and Keith Dishler. Motions were also heard for the case of the State verses Jason Plumley. Plumley is charged with possessing a stolen wood chipper owned by First Energy Group. Plumley’s pre-trail is set to begin on December 6 at 9 a.m.
Indictments for Mallow, Pitzer, Myers and Dishler were handed down during the grand jury court session held by Nelson on October 4. Tucker County Prosecuting Attorney Savannah Hull Wilkins presented the grand jury with enough evidence and witness testimony in each of these cases for indictments to be issued.
Mallow was charged with first degree sexual abuse, and sexual abuse by parent, guardian, or person in position of trust. According to West Virginia Code §61-8B-7 sexual abuse in the first degree is defined “A person is guilty of sexual abuse in the first degree when: (1) Such person subjects another person to sexual contact without their consent, and the lack of consent results from forcible compulsion; or (2) Such person subjects another person to sexual contact who is physically helpless; or (3) Such person, being 14 years old or more, subjects another person to sexual contact who is younger than 12 years old.
(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in a state prison not less than one year nor more than five years, or fined not more than $10,000 and imprisoned in a state correctional facility not less than one year nor more than five years. (c) Notwithstanding the provisions of subsection (b) of this section, the penalty for any person violating the provisions of subsection (a) of this section who is 18 years of age or older and whose victim is younger than 12 years of age, shall be imprisonment for not less than five nor more than 25 years and fined not less than $1,000 nor more than $5,000.”
According the West Virginia Code §61-8D-5 for the charge of sexual abuse by parent guardian, or person in position of trust is defined, “If any parent, guardian or custodian of or other person in a position of trust in relation to a child under his or her care, custody or control, shall engage in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such conduct, or the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than 10 nor more than 20 years, or fined not less than $500 nor more than $5,000 and imprisoned in a correctional facility not less than 10 years nor more than 20 years.”
After a back-and-forth argument for Mallow’s bond Judge Nelson granted Mallow with a $10,000 cash insured bond and ordered Mallow to have no contact with the victim and register a Court Disposition Reporting (CDR) with the West Virginia State Police. Mallow is due back in court on December 6 at 9 a.m.
Pitzer 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. Pitzer will be back in court on November 10 at 9 a.m.
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.
Myers 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.
Wilkins argued for Myers to be placed on a $25,000 cash insured bond as he is currently out with bond on other charges. After both sides of the argument from the defense attorney and prosecuting attorney Nelson reduced the bond to $15,000 cash insured and ordered Myers to report to Tucker County Community Corrections. Myers will appear back in court on November 10 at 9 a.m.
Dishler 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 will remain in custody for his charges and will be back in court on November 10 at 9 a.m.
The details of these cases have not been disclosed at the time of this print. As the cases appear in court more information will come forward. All of the accused are innocent until proven guilty by a court of law.
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