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Several appear in Upshur County Circuit Court

May 22, 2012
By John Wickline - Staff Writer , The Inter-Mountain

A Buckhannon man who was indicted last week by the Upshur County grand jury on a variety of charges stemming from an April 17 confrontation with a sheriff's deputy will stand trial Aug. 24.

Thomas Clayton Summers, 23, of 208 Smith Ave., was indicted on felony charges of second offense for battery on a governmental representative and attempting to disarm a law enforcement officer, along with misdemeanor charges of second offense for domestic battery, obstructing an officer and violating a protective order. He is being held in the regional jail in lieu of a $100,000 cash bond and a $50,000 surety bond.

Defense attorney James Hawkins asked during arraignment proceedings Monday that the amount be reduced, arguing that it is an unreasonable amount. Judge Thomas Keadle ordered that Hawkins make the request in the form of a motion and a date would be set to hear the matter. Keadle also ordered that Summers have no contact with any of the alleged victims in the case, but Hawkins said he would file a motion that Summers be allowed to have contact with one of the victims, who Hawkins said wishes to continue a relationship.

According to the indictment, Summers was convicted in September 2008 for battery of a police officer in Gilmer County, and in March 2010 for domestic battery in Upshur County.

He was scheduled to make his first appearance in Upshur County Circuit Court at 9 a.m. Monday, along with the other 20 individuals indicted by the grand jury.

David Christopher Perrine, 23, of HC 78, Box 45A1, Rock Cave, is set to stand trial Aug. 22 on felony charges of fleeing in a vehicle while driving under the influence and fleeing in a vehicle in a manner showing reckless indifference to the safety of others and misdemeanor charges of second offense for DUI and a first offense of driving while a license is revoked for DUI. He remains lodged in the regional jail in lieu of a $50,000 cash or surety bond.

Keadle ordered that should Perrine make bond, he is not to operate a motor vehicle.

Damian Patrick Gleason, 19, of 4 Hillside Heights, Buckhannon, is set to stand trial Aug. 17 on felony charges of grand larceny and burglary. He was being held in the regional jail, and Keadle set bond at $5,000 cash or surety and $5,000 personal recognizance.

An arrest warrant was issued for Michelle Lee Smith, no age or address listed in court records, after she did not appear during Monday's arraignments. She was indicted on 12 felony counts each of forgery and uttering.

Allan Lee Pennington, no age or address listed in court records, is set to stand trial Aug. 16 on two felony counts of failure to provide support to a minor child. Keadle appointed Hawkins to serve as Pennington's defense attorney.

Keadle set bond at $2,500 cash or surety and $2,500 personal recognizance.

Joshua Elton Shipman, 36, of 161 Wood St., Buckhannon, will stand trial Aug. 21 on felony charges of third or subsequent offense for DUI, fleeing while DUI and driving while revoked for DUI. He remains free on a $10,000 cash or surety bond and a $15,000 personal recognizance bond. Keadle ordered Shipman not to operate a motor vehicle while the case proceeds.

Katrece M. Tinney, 25, and Steven R. Tinney Jr., 30, both of 136 Hickory Flat Road, Buckhannon, will stand trial together Aug. 22 on three felony counts of delivery of a controlled substance, three felony counts of delivery of a controlled substance within 1,000 feet of a school and three felony counts of conspiracy. Steven Tinney also was indicted on felony charges of grand larceny and transferring stolen goods, and that trial will be held Aug. 23.

Katrece Tinney remains free on a $20,000 cash or surety bond and a $5,000 personal recognizance bond. Steven Tinney already posted a similar bond on the drug and conspiracy charges, and Keadle set a $5,000 personal recognizance bond on the grand larceny charge.

James William Stultz Jr., 33, of 37 Twin Oaks Mobile Home Park, Buckhannon, will stand trial Aug. 24 on six felony counts of delivery of a controlled substance. He remains free on a $8,000 cash or surety bond and a $12,000 personal recognizance.

Kevin Denvel Kimble, 18, of 2 High School Road, Buckhannon, will stand trial Aug. 23 on seven felony counts of delivery of a controlled substance, six felony counts of delivery of a controlled substance within 1,000 feet of a school and two felony counts of conspiracy. He remains free on a $15,000 cash or surety bond and a $5,000 personal recognizance bond.

Danny Lee, 22, of 140 S. Florida St., Apt. 5, Buckhannon, will stand trial Aug. 24 on three felony counts of delivery of a controlled substance and two felony counts of delivery of a controlled substance within 1,000 feet of a school. He remains free on a $10,000 cash or surety bond.

Kristin Leigh Trippett, 31, of 26 College Ave., Buckhannon, will stand trial Aug. 29 on a felony charge of third offense for shoplifting. She remains free on a $40,000 cash or surety bond.

Ronald Russell McCarty, 37, of 6F Maple Village, Buckhannon, will stand trial Aug. 29 on three felony charges of delivery of a controlled substance. He remains free on a $25,000 cash or surety bond.

An arrest warrant was issued for Christopher D. Merriman, 34, of 16 S. Locust St., Buckhannon, after he failed to appear for his arraignment. He was indicted on two felony counts of delivery of a controlled substance, two felony counts of delivery of a controlled substance within 1,000 feet of a school and a felony charge of attempting to deliver a controlled substance.

Ralph N. Cicalese, 48, of Route 4, Box 494-9, Buckhannon, is set to stand trial Aug. 30 on a felony charge of driving while having a license revoked for DUI, third or subsequent offense. He remains free on a $5,000 cash or surety bond, and Keadle added that Cicalese not operate a motor vehicle while the case proceeds.

Donald P. Hull Jr., 27, of 220 Ponder Road, Lot 9, Greer, S.C., who was indicted on a felony charge of possession of a stolen vehicle and a misdemeanor charge of bringing into West Virginia property stolen in another state, had his arraignment postponed until May 23 after his wife said he was never notified of the need to appear in court. She said he is working in South Carolina. His wife, Tracy L. Hull, no age or address listed in court records, is facing similar charges, and she will stand trial Aug. 21.

Keadle appointed Dennis Willett to serve as her defense attorney. Keadle also set bond at $2,500 cash or surety and $2,500 personal recognizance.

An arrest warrant was issued for Joseph Nathaniel Reed, no age or address listed in court records, after he failed to appear for his arraignment. He was indicted on 29 felony counts each of forgery and uttering.

Dale Gene Powers, 27, of HC 78, Box 79F, Rock Cave, will stand trial Aug. 23 on two felony charges of third or subsequent offense for DUI, and a misdemeanor count of second offense for driving while having a license revoked for DUI. He remains free on a $25,000 cash or surety bond, and Keadle ordered that Powers not operate a motor vehicle while the case is pending.

Ethan Cord Lindsay, no age or address listed in court records, will stand trial Aug. 28 on a felony charge of third or subsequent offense for domestic battery. He remains free on a $75,000 cash or surety bond, and Keadle ordered that Lindsay have no contact with the alleged victim in the case.

Indictments are merely accusations, and anyone facing charges is presumed innocent unless proven guilty in a court of law.

 
 

 

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