By Jean A. Flanagan
Judge C. Carter Williams ruled on probation violations on Wednesday, Dec. 13.
Travis Brown, 25, was released on probation, having completed several programs, including obtaining his GED at the Anthony Center for Youthful Offenders. [private]
Brown pleaded guilty to one count of operating a clandestine drug laboratory last year.
As part of the plea agreement, the sentence of not less than two years and not more than 10 years was suspended and Brown was placed on probation for five years.
“He did well at the Anthony Center,” Brown’s attorney Stewart Bowers said. “He has his GED and seven or eight certificates. He has employment waiting. He would like to live with his brother and he would like to see his children.”
Judge Williams said he would allow Brown contact with his wife and children at the discretion of the probation office. “If you don’t pay your child support, you will forfeit your probation,” he said.
The murder case against Robert Greenfield, 23, of Moorefield was continued to Jan. 23, 2018.
Greenfield’s attorney Larry Sherman said the evidence has been received and a report regarding the “issue of diminished capacity” should be in the file by the end of 2017.
“The only thing we need is a suppression hearing,” Prosecuting Attorney Lucas See said.
Greenfield is accused of killing his friend Dustin Hinkle while the two and a third person were allegedly smoking methamphetamine.
Sherman intimated the matter may be settled with a plea agreement, but said if a trial is necessary, it may take two to three days.
Williams revoked the probation of Chadrick Crites, 40, of Moorefield. Crites was on probation after pleading guilty to petit larceny in 2015.
According to testimony offered by Moorefield Police Officer Austin Riggleman, the victim paid Crites $148 to complete some work. The victim even provided tools.
According to the victim, Crites not only failed to perform the work, he stole the tools.
Williams said that Crites violated probation by engaging in criminal activity and imposed the original sentence with credit for time served.
The penalty for petit larceny in West Virginia is not more than one year in jail or a fine of not more than $2,500.
Williams also revoked the probation of Ashley D. Greene, 26.
According to the testimony of probation officer Richard Panel, Greene took a firearm from a family member’s home, made threats and brandished a firearm in his presence.
Greene’s attorney Josh Orndorff said up to that point, Greene was doing well on probation and had completed the Day Report Center’s program. “They were considering releasing her early,” he said.
Greene was on probation after pleading guilty to delivery of a Schedule I controlled substance in May 2015.
“Because your violation is a felony, the court has no choice but to impose sentence,” Williams said.
The penalty for delivery of a Schedule I controlled substance is not less than one year and not more than 15 years in prison, a $25,000 fine or both.
Other Court Action
Judge Williams continued the capias warrant on Jesse Mowery, who is wanted on a probation violation. Mowery’s attorney Zelene Harman said his whereabouts are unknown.
Williams continued the case against Jonathan L. Dove, 35, of Wardensville. There are suppression issues and Williams said he wanted to review the body cam of the arresting officer.
Williams continued the case against Joshua A. McCauley, 19, of Moorefield to Jan. 4, 2018. McCauley’s attorney Dan James said there was a plea agreement in process that would defer adjudication. Williams said he would review it. McCauley was indicted on multiple sex offenses
Williams continued the case against Brandon S. Saul, 39, of Baker. Williams said he received the pre-sentence evaluation and there were some items he would like to review. Saul’s attorney, William Rice said he would like to comment on the evaluation as well. The case was to be heard again on Monday, Dec. 18.
Larry J. Miller II, 33, of Baker was ordered to spend 120 days in jail for violating probation a second time. According to the motion to revoke his probation, Miller tested positive for methamphetamine and had paraphernalia around his home for the purpose of doing drugs.
The case against Jheri N. Hostuttler, 29, of Moorefield was continued to Jan. 4, 2018. A motion to revoked her probation was filed after she absconded from a treatment center in Charleston and failed to report to probation.
Williams said he wanted to speak with a representative from the treatment facility and the Kanawha County probation office before he makes a decision.
Mark A. Hostuttler, 31, was remanded to prison for violating his probation a second time. Hostuttler will spend not less than one year and not more than 10 years in prison for pleading guilty to one count of forgery. His probation was previously revoked in August. [/private]