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Philippi man sentenced to CCP

By BEN SIMMONS, Staff Writer
POSTED: December 2, 2009

A Philippi man was ordered to complete the Barbour County Community Corrections Program Tuesday for pleading guilty to unlawful assault.

Barbour County Circuit Judge Alan D. Moats sentenced Ernest Poling, of 126 Court St., Apartment 1, Philippi, to one to five years in prison for pleading guilty to one count of unlawful assault, a felony. Moats suspended the sentence in favor of the community corrections program. He also ordered Poling to pay restitution for the victim's medical bills and lost wages, along with all court costs.

Attorney Howard Ferris represented Poling in the case. Ferris told the court Poling has been participating in the community corrections program since his arrest in May, as a condition of bond. During that time, he said Poling has completed several courses including anger management, parenting and drug relapse prevention, among others.

Poling also addressed the court during the hearing.

"I learned a lot from the community corrections program," Poling said. "I definitely do not want to put myself in that position ever again."

Barbour County Community Corrections Program Director Jason Elmore told the court Poling has done "very well" while participating in the program. He said Poling has a positive attitude and has accepted responsibility for his actions.

Barbour County Prosecuting Attorney E. Lynn Phillips said the state was not opposed to the community corrections sentence. He said the victim, Junior Dale Collins, was notified of the hearing but chose not to attend.

Poling was indicted in May on one felony count of malicious assault. According to the indictment, Poling allegedly stabbed Collins in the chest and groin area causing bodily injury with the intent to permanently maim, disfigure, disable or kill.

In other court news:

Charles A. Grim, 61, of Philippi, appeared with Ferris and pleaded guilty to one count of unlawful assault, a felony.

Moats ordered a presentence investigation and said he would set sentencing at a later date. He also ordered Grimm to not have contact with the victim, Daniel McCord. Grimm is facing one to five years in the state penitentiary.

Richard W. Koehlerschmidt, 41, of Route 3, Box 192-A, Philippi, appeared with Ferris and pleaded guilty to one count of failure to register change of sex offender information, a felony. Moats ordered a presentence investigation and said he would set sentencing at a later date.

Koehlerschmidt is facing one to five years in the state penitentiary.

A continuance was issued in the state's cases against Brian K. Thompson and Tammy Cutright. Both are charged with drug distribution crimes.

Moats dismissed charges against Franklin Harris because Harris successfully completed the community corrections program.

Ferris represented Harris and told the court he had completed all of the required classes and paid all of the associated fines and fees. He said Harris has been employed the entire time while on the program and Harris has "a major change in attitude."

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