An Elkins woman accused of smoking marijuana with her 10year-old son was sentenced to prison Wednesday in Randolph County Circuit Court. In other court news, an indictment was dismissed against an Elkins woman accused of selling drugs after Circuit Judge Jaymie Godwin Wilfong ruled the document contained the wrong last name.
Amanda Jane (Lambert) Coberly, 28, of 37 Pleasant Ave., Elkins, was sentenced to one to five years in prison for pleading guilty to one count of child neglect creating a risk of injury by using controlled substances in the presence of children. Coberly was taken into custody by the Randolph County Sheriff's Department and transported to the Tygart Valley Regional Jail immediately after sentencing.
Attorney Lori Gray represented Coberly in the case and asked for an alternative sentence rather than prison. She said Coberly has paid the "ultimate price" because she had to give up parental custody of her three children. Coberly did not speak on her own behalf.
The Inter-Mountain photo by Ben Simmons
Randolph County Deputy Mark Brady prepares to take Amanda Coberly into custody Wednesday afternoon in Randolph County Circuit Court. Coberly was sentenced to one to five years in prison for pleading guilty to one count of child neglect creating the risk of injury, a felony.
Randolph County Prosecuting Attorney Richard T. Busch recommended the maximum penalty.
"What I find particularly disturbing is that she knew or should have known what was taking place and she allowed it to happen," Busch said. "She made no effort to stop it."
Coberly and co-defendant Christina Adele Kisamore, were both charged with four felony counts each of child neglect creating risk of injury and one felony count of conspiracy, along with misdemeanor counts of contributing to the delinquency or neglect of a minor and conspiracy.
According to the indictments, Coberly and Kisamore are accused of repeatedly duct taping a 7-year-old boy to a chair and putting a sock in his mouth and confining him without food, water and light. They are also accused of using controlled substances in front of three children and providing marijuana to a 10-year-old child. Kisamore's case has been continued until September.
In a separate hearing, Wilfong dismissed the state's case against Valerie McIntyre, 22, of Lot 49, Airport Trailer Park, Elkins, because the indictment incorrectly listed her last name as Scott. The case was dismissed without prejudice meaning Busch can present the case to another grand jury for possible indictment.
Attorney William T. Nestor represented McIntyre in the case. He argued that Busch told the grand jury McIntyre was believed to be married to Robert Lee Scott, a co-defendant in the case. Nestor cited the grand jury transcript and said Busch is not permitted to testify to facts when presenting the case.
Busch told the court the couple lives together and he believed they were married. He said video evidence also exists.
Wilfong dismissed the case saying the mistake was not a typographical error, but the wrong last name altogether.
Wilfong did uphold the indictment filed against Danny D. Rohrbaugh Jr., 33, of RR 2, Box 217C, Beverly, and conducted his arraignment.
Attorney James Hawkins Jr. represented Rohrbaugh in the case and argued the indictment has his first name listed as Daniel, rather than Danny.
"It's our assertion that my client is not the person named in the indictment," Hawkins said.
Wilfong said Danny is short-form for Daniel and both names were mentioned to the grand jury during the presentment of the case.
"I do not believe this is a significant enough error to dismiss the indictment," Wilfong said. "The grand jury had enough information to identify and indict Mr. Rohrbaugh."
During the arraignment phase, Rohrbaugh pleaded innocent to one count of kidnapping, a felony; one count of threats of terrorist acts; one count of brandishing a deadly weapon, a misdemeanor; obstructing an officer, a misdemeanor; and one count of assault, a misdemeanor.
The indictment alleges that Rohrbaugh held an Econo Lodge employee at knife point, locked the doors and held her hostage for the purpose or with the intent of shielding or protecting himself from bodily harm, or of evading capture, or arrest, after he may have committed a crime in February. Rorbaugh also allegedly refused to obey the commands of officers by refusing to release the knife.
Wilfong set bond at $50,000 cash, surety or property and ordered he remain on home confinement with electronic monitoring and participate in the North Central Community Corrections Program, if he makes bail. He is currently lodged in the Tygart Valley Regional Jail.
Wilfong scheduled jury selection for Sept.7 and set the trial for Sept. 30.