Randolph County Circuit Court featured a busy docket including drug cases and sexual abuse charges Friday.
Anthony Francis Silvester III, 32, entered a guilty plea to delivery of a controlled substance, a felony. According to the indictment, Silvester allegedly delivered four "stamps" of heroin on April 28, 2010.
Silvester told Circuit Judge Jaymie Godwin Wilfong that he is currently serving a two to 15 year prison sentence on two felony uttering convictions and a conviction for fleeing from a police officer.
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Silvester
Wilfong asked Silvester what he had done to enter a guilty plea, and Silvester admitted that he had sold heroin. "I was consumed by addiction," he said.
Silvester said he got hooked on opiates after having ankle surgery in 2006. "I became highly addicted to (Oxycontin)," he said.
"I started missing work," Silvester said, noting that he is a college graduate who was working in human resources for a pharmaceutical company.
"I wore a suit to work every day, I had a nice car and an all-American girlfriend," he said. "Drugs took everything from me."
Wilfong said Silvester might be able to help young people avoid drug abuse. "This is a real eye-opener for our younger generation," she said. "This could happen to anybody."
Wilfong ordered a pre-sentence investigation. Sentencing is set for June 27. Silvester is facing a possible sentence of one to 15 years in prison and a fine of up to $25,000.
Slaubaugh is charged with one count of first-degree sexual assault, a felony; one count of sexual abuse by a parent, guardian or custodian, a felony; and one count of first-degree sexual abuse, a felony.
Special Prosecutor William Mont Miller of Tucker County made a motion to continue the trial because "the victim is 5 years old" and a guardian ad litem should be appointed before the case progresses.
Attorney James Hawkins, representing Slaubaugh, did not object to the continuance. The trial was moved to August.
Slaubaugh is free on a $50,000 cash, property or surety bond.
Wise's defense attorney, Richard W. Shryock, made a motion to dismiss the indictment against Wise, saying the indictment lacked an "essential element of the crime."
"As I recall, the language that was omitted (from the indictment) is that they are not married," Wilfong said.
"That's correct, your honor," Shryock said.
Special prosecuting attorney G.W. Morris II of Lewis County argued that the indictment should stand, saying, "It's not difficult to prove that they are not married."
"It's certainly not our burden to prove it," Shryock said.
"It's too significant ... to allow an indictment adjustment," Wilfong said, noting that she was dismissing the indictment "without prejudice... the state will likely recharge the defendant."
The indictment alleged that Wise had sexual intercourse with a minor younger than 16 years old. It alleged the sexual assault occurred in October and November in 2010 and January 2011.
As part of the plea agreement, misdemeanor charges of fleeing from an officer, obstructing an officer, reckless driving, no registration and no insurance were dismissed.
Questioned by Wilfong, White said he had been convicted "three or four" times for felony auto theft in the early 1990s.
When Wilfong asked what he was pleading guilty to having done, White said, "I was riding a motorcycle from Mill Creek to Huttonsville." He said a police officer came up behind him with lights flashing, but he didn't pull over. "I ran ... because I was driving illegally," he said.
Wilfong ordered a pre-sentence investigation, and set sentencing for June 21. White is facing a possible sentence of one to five years in prison.
Mullenax was sentenced to six months on the conspiracy charge and one year each for the two possession charges. The sentences will run consecutively, resulting in an effective sentence of two years.
Wilfong said the court will contact the Barbour County Community Corrections program. If the program will accept Mullenax, who is a Barbour County native, Wilfong said she will consider alternative sentencing.
Mullenax was indicted last year on one count of delivery of a controlled substance and one count of conspiracy, both felonies. The indictment alleged that Mullenax delivered three Oxycodone hydrochloride tablets on or about June 9, 2010.
