Assistant Prosecutor John Kyle advises Kelly Painter plead guilty to “Possession” and “Shoplifting, 2nd”. Ms. Painter was sentenced to 30 days in jail and 60 days probation. Ms. Painter is to self report to the Northern Regional Jail on July 18th, 2016, to begin serving her sentence.
The March 2016 Grand Jurors returned the following indictments:
Scott Allison of Toronto, Ohio, was indicted on two counts of Delivery and one count of Transporting.
Logan Atkins of Weirton, West Virginia, was indicted on Robbery in the First Degree, Daytime Entering without Breaking, and Conspiracy.
Jonathan Boyer of Pittsburgh, Pennsylvania, was indicted on Shoplifting, 3rd Offense, and Entering without Breaking.
Jeremy Buchanan of Weirton, West Virginia, was indicted on DUI, 3rd Offense, and Fleeing.
Julia Anne Chandler Columbus, Ohio, was indicted on Transporting and Conspiracy.
William Kingsley Clark of Rayland, Ohio, was indicted on Sexual Assault in the 2nd Degree, Sexual Abuse in the First Degree, and Sexual Abuse in the Second Degree.
Jason Darby of Weirton, West Virginia, was indicted on two counts of Delivery, two counts of Transporting, and two counts of Conspiracy.
Ashley Guiler of Weirton, West Virginia, was indicted on two counts of Shoplifting, 3rd Offense.
Joel Kerr of Wellsburg, West Virginia, was indicted for Grand Larceny and Entering without Breaking.
Travis Landis of Weirton, West Virginia, was indicted on Delivery, Transporting, and Conspiracy.
Ralph Liggett of Wheeling, West Virginia, was indicted on four counts of Wanton Endangerment, one count of prohibited person with a firearm, and one count of Domestic Battery.
Kerry Looman of Colliers, West Virginia, was indicted on Driving Revoked for DUI, 3rd Offense.
Lorena Mercer of Toronto, Ohio, was indicted on three counts of Fraud in Connection with an Access Device and one count of Conspiracy.
Jason Mitter of Wellsburg, West Virginia, was indicted for DUI, 3rd Offense.
Carl Lee Nixon of Weirton, West Virginia, was indicted on two counts of Sexual Abuse in the First Degree and one count of Sexual Assault in the Second Degree.
Kayla Persad of Wellsburg, West Virginia was indicted on one count of Child Abuse Resulting in Injury, two counts of Child Neglect Resulting in Injury, and one count of Malicious Assault.
Alyssa Satathite of Follansbee, West Virginia, was indicted for Transporting and Conspiracy.
Samuel Stenger, Jr., of Weirton, West Virginia, was indicted on Robbery in the First Degree.
Matthew Summers of Weirton, West Virginia, was indicted on two counts of Shoplifting, Third Offense.
Krystal Surrency of Columbus, Ohio, was indicted for Transporting, Conspiracy, and Child Neglect Creating Injury.
Mary K. Swiger, aka Mary K. Wells, aka Mary K. Jordan, of Van Wert, Ohio, was indicted for Fraudulent Schemes, Obtaining Property Under False Pretenses, and Grand Larceny.
Dean Timblin of Weirton, West Virginia, was indicted on two Counts of Sexual Assault in the 3rd Degree and one count of Sexual Assault in the 2nd Degree.
Robert Tingler of Grove City, Ohio, was indicted for Delivery, Transporting, and Conspiracy.
Shane Wilson of Wellsburg, West Virginia, was indicted for Unlawful Assault and Domestic Violence, 3rd Offense.
Alexander Wudarski of Weirton, West Virginia, was indicted for two counts of Transporting and two counts of Conspiracy.
Charles Russell Yost of Myrtle Beach, South Carolina, was indicted for one count of Fraudulent Scheme and four counts of Obtaining Money by False Pretenses.
Daniel E. Yost, Jr. of Wellsburg, West Virginia, was indicted for three counts of Fleeing.
Roxie Yost of Follansbee, West Virginia, was indicted for Burglary and two counts of Forgery.
With all five Prosecutors present the 41 Indictees were arraigned.
The Kinker murder trial previously schedule for November, 2015, was rescheduled for May, 2016.
Marquis McClung, Jr., a petition to revoke the probation of Marquis McClung was held in regard to the matter and the Court found that he had violated his probation. The Court ordered that he serve a sanction of 45 days in the West Virginia Division of Corrections as a result of the violation and further ordered Mr. McClung’s probation extended for a period of six months following the sanction in the Division of Corrections.
Logan Daugherty’s trial has been scheduled for February, 2015.
John McGowan was sentenced to 4 years of incarceration in the Division of Corrections as a result of his conviction for “Wanton Endangerment With a Firearm”. He was ordered to report to the Division of Corrections on November 16th, 2015, to begin serving the sentence imposed by the Judge.
41 individuals indicted by the November 2015 Brooke County Grand Jury. Below is the list with some of the charges each indictee faces:
Smith, Cody- Att. Murder and Mal. assault
O’Shea, Thomas- Sex assault in First (x) 10
Miller, Robert- Sex Abuse 1st (x) 8 and Sex Abuse by custodian (x) 8
Hauck, Patrick- Robbery
Brooks, Zachary- Operating a Meth Lab, Child neg with Risk of Injury, Conspiracy
Wentz, Charlotte- DUI 3rd
Hunter, William- Burglary and Escape
Carbasho, Francis- Child Neg w risk of Serious Injury
Everhart, Ashley- Child Neg w risk of Serious Injury
Fedak, Jaclyn- Uttering; Entering w/o Breaking, Conspiracy, Del of Controlled Sub
Fitzpatrick, Tina-Fraud by access device (x) 3;Forgery and Uttering
Monigold, Jason- Transporting Controlled Sub to Del and Conspiracy
Yost, Roxie- Forgery, Uttering; Escape
Haspel, Glen- Forgery and Conspiracy
Haspel, Nora- Forgery and Conspiracy
Smith, Lauren- Forgery (x) 3
Dennis, Harry- Burglary (x) 6 and Conspiracy
Paulik, Kristin- Burglary (x) 6 and Conspiracy
Dulaney, Tiffany – Att. Robbery, Conspiracy, Fleeing
Kinsel, Cory- Fraud by access device (x) 3 and Conspiracy
Michael, Wendy-Fraud by Access Device (x) 2, Conspiracy
Thomas, Brandi- Arson in Second deg
Yost, Daniel, Jr.- Att. Robbery, Conspiracy, Fleeing
Mayes, Clayton- Fraud by Access Device (x) 8 and others
Mercer, Michael-Fraud by access device and Conspiracy
Bucy, Jason- Driving Revoked DUI 3rd
Board, William- DUI 3rd
Cuprik, Dustin- Grand Larceny, B&E Conspiracy
McAllister, Cedric- Accessory befor Fact Burglary and Conspiracy
Parr, Seth- Entering w/o Breaking and Burglary
Sherman, Rick- Grand Larceny, B&E Conspiracy
Smith, Curtis- Felony DOP
Wilson, David- Kidnapping, Assault during Felony, Conspiracy
Bachman, Shaun- Mal. assault (x) 2
Moore, Brandon- Grand Larceny and Conspiracy
Starcher, Brandon- Grand Larceny, Conspiracy; Entering w/o Breaking
Adams, James- Failure to register as sex offender
Green, Brenda- Shoplifting 3rd, fleeing in Vehicle
Richards, Phillip- Shoplifting 3rd (x) 3
Jones, Jamie- Fraud by access device (x) 7
On Monday, July 14, in Brooke County Circuit Court, six criminal defendants plead guilty to various crimes.
Those defendants were:
Debbie Baker pled guilty to Embezzlement; Michael Summers pled guilty to Domestic Violence 3rd; Crystal McCoy pled guilty to Fraudulent Schemes; Brittany Ressenger pled guilty to Conspiracy; James Stevens III pled guilty to Transferring Stolen Property; and Zac Starr pled guilty to Misdemeanor Breaking and Entering an automobile.
In March 2014, Shelly Lough, a former Bethany College employee entered guilty pleas to charges of Embezzlement and Falsifying Accounts that occurred between June 2011 and May 2013. The following month, she was sentenced to 2-20 years, receiving 1-10 years in prison for each count, which will be served consecutively.
Ms. Lough worked in an office that cashed staff and student checks, and covered her tracks by altering records.
Some of the media coverage of this case can be found at:
In November of 2013, the Brooke County Prosecutor indicted 29 individuals for felonies ranging from embezzlement to murder.
Many of these cases were settled by way of a plea agreement before ever going to trial. A few of these cases include:
William McGee, who pled guilty to the felony of Delivery of a Controlled Substance (Heroin)
Andre Hamlin, who also pled guilty to the felony of Delivery of a Controlled Substance (Heroin)
Lorenzo Herbert, who pled guilty to the felony of Possession with the Intent to Deliver Heroin
Jacob Nale, who pled guilty to the felony of Grand Larceny
Many of the individuals who were indicted during that session continue to either engage in plea negotiations with the Prosecutor’s Office or are to be set for trial in the upcoming months.
On Tuesday, May 6th, Adam Michael Barnhart, 19, of Weirton was sentenced to 40 years for second-degree murder and five years each for two counts of wanton endangerment with a firearm after entering a plea agreement Tuesday in 1st Judicial Circuit Court.
Barnhart’s plea was in connection with the shooting and killing of Frank Tulock on September 8th, 2013 on Hudson Avenue in the Brooke County section of downtown Weirton.
As a condition of the plea agreement Barnhart will waive his right to parole, but although under state law, Barnhart may not waive his right to early release for good conduct, the plea agreement still ensures he will serve at least 25 years of his 50-year sentence.
According to Prosecutor Barki, “the state and the victim’s family are satisfied with the sentence. Although they will never be made whole in this, this gives them some opportunity for closure.”
Brooke County Prosecutor Joseph Barki III reminds county residents that the West Virginia Department of Corrections regularly updates the sexual offender registry as part of the requirements by West Virginia state law.
Residents are reminded that it is not the intent of the State Legislature that the information provided to the public be used to inflict retribution or additional punishment on any person convicted of any offense requiring registration. The Act is not intended to be penal but regulatory in nature.