Sign In | Create an Account | Welcome, . My Account | Logout | Subscribe | Submit News | Contact Us | Home RSS
 
 
 

Judge recuses herself

November 17, 2012
By Anthony Gaynor Staff Writer (agaynor@theintermountain.com) , The Inter-Mountain

Randolph County Circuit Court Judge Jaymie Wilfong recused herself from several court cases during arraignments Friday. Wilfong cited conflict of interest with two cases and said a special judge will have to be appointed to hear the cases in the future.

One of the cases involves Clinton Dale McCauley, 21. He was named earlier this month in two indictments, one alone and one with other defendants.

In total, McCauley was indicted on 27 felony counts including grand larceny, conspiracy and third-degree arson, and two misdemeanor counts of petit larceny.

Steven Allen Pritt and Brandon Keith Shreve were named with McCauley in the second indictment.

Shreve, 26, was indicted on 15 felony charges including breaking and entering and grand larceny.

Pritt, 23, was indicted on 21 felony charges including of possession of a stolen vehicle and grand larceny.

Attorney Christopher Cooper, representing McCauley, made the request for the change because McCauley was named in the indictment along with Pritt and Shreve.

"The defendant (McCauley) is accused of breaking into my parents' place of business," Wilfong said. "It is proper for me to recuse myself."

Cooper said by looking at the indictments, McCauley was not involved with the breaking and entering Wilfong was referring to.

"There are numerous charges against him," Randolph County Prosecuting Attorney Michael Park said. "He is not named in that indictment (referring to the one with Shreve and Pritt)."

Cooper requested a new judge in the case.

"I understand," Wilfong said. "I am not happy about the situation. I will let the supreme court know."

Wilfong also recused herself from the arraignments of Pritt and Shreve.

"Two of the alleged victims are my parents," Wilfong said during Shreve's hearing. "The items stolen include the last disc of pictures of my grandparents before they passed away."

Wilfong also recused herself from a case with Robert Dale Howell. Howell, 41, who was indicted on 23 felony charges including obtaining money, property or services under false pretenses and two misdemeanors.

"His sister is one of my closest friends," Wilfong said.

Armentrout's trail was set for Feb. 6 for charges she is facing with Timothy Wayne Myers and Feb. 13 for the other felony charges. Her bond was set at $50,000 cash, surety or property.

Myers, 32, pleaded not guilty to four felony counts including possession with the intent to deliver a controlled substance. His bond was set at $5,000 cash.

Wilfong asked Scott if he had taken any drugs in the last 24 hours and he responded, "no," but a random drug screen when discussing bail proved other wise.

When setting bond, Scott's attorney Dwight Hall requested a drop in the $25,000 cash, surety or property bond, but the drug screen showed Scott has recently used marijuana, morphine, hydrocodone, Suboxin and other substances.

"I don't know how he is alive right now," Wilfong said. "It is bad enough substance abuse he doesn't know what he is on."

Wilfong set bond at $50,000 cash, surety or property. She said if he makes bond he must immediately report to the Community Corrections program and submit to random drug tests.

Gibson, of Elkins, was indicted on two felony charges and four misdemeanors.

Bender, of Elkins, was indicted on two felony charges and two misdemeanors.

Hammonds, of Elkins, was indicted on two felony charges and two misdemeanors.

A joint trail for the three was set for Feb. 14-15.

Wilfong set Harris's bond at $50,000 cash, surety or property and said that he must check in daily with Community Corrections and submit to random drug tests. A trail date was set for Jan. 29.

Wilfong set the trial for Jan. 25 and bond at $250,00 cash or surety.

Thurston is set to be released from prison on Dec. 10. Wilfong set his bond at $25,000 cash, surety or property. A trail date is slated for Jan. 18.

Wilfong set bond at $25,000 and a trial for Jan. 29.

Wilfong set a $25,000 personal recognizance bond and trial for Jan. 25.

All four pleaded not guilty to all the charges in the 19-count indictment.

McCauley, an inmate at Huttonsville Correctional Center, was indicted on 12 felony charges including bribery of a public official and conspiracy.

Gibson was indicted on 13 felony charges including counts of bribery in official and political matters, and conspiracy.

Wamsley was indicted on one count of bribery in official and political matters, and one count of conspiracy to commit bribery, both felonies.

Howes was indicted on 15 felony charges including counts of bribery in official and political matters and conspiracy.

Wilfong set a trail date for Jan. 16-17. Howes was given a $25,000 cash, surety or property bond; McCauley's bond was set at $25,000 cash only; Wamsley's was set at $25,000 cash, surety or property; and Gibson's bond was set at $25,000 cash, surety or property. Wilfong gave Wamsley and Gibson 24 hours to post bond.

Wilfong set bond at $10,000 cash or surety and a trail date for Feb. 13.

Wilfong set bond at $10,000 personal recognizance and a trial date for Feb. 13.

Wilfong continued his $15,000 personal recognizance bond and set a trial date for Jan. 18.

Wilfong set bond at $100,00 cash only and a trial date for Feb. 6-7. Ayers is not slated to be released from prison until 2018.

Bail was set at $25,000 cash, surety or property for Harris, who has eight months to serve on previous charges. Trial was set for Feb. 15.

Tolson was charged with four felonies including wanton endangerment involving a firearm and one count of child neglect creating risk of injury; and five misdemeanors including three counts of assault on a governmental representative.

Bond was set at $20,00 cash, surety or property and trail dates were set for Jan. 10-11.

Wilfong set a trial date for Feb. 14. Bond was set at $1,000 cash only and Defibaugh will have to undergo random drug screening.

Wilfong set a trial date for Feb. 28 and March 1 and bond at $10,000 personal recognizance. William Monte Miller was the special prosecutor in the Slaughbaugh hearing.

"When he is brought into the jurisdiction, I need to know immediately so he can be arraigned," Wilfong said.

"The last contact I had with Mr. Bonilla was in this courtroom when he waived his right for extradition," Bonilla's attorney, Hawkins, said.

Hawkins said Bonilla was sent to his home country of Puerto Rico to face charges there. Wilfong issued a capias for Bonilla's arrest in case he comes back to the area.

Bonilla was indicted on three felony charges including fleeing in a vehicle while DUI; and 16 misdemeanors including DUI and fleeing on foot.

 
 

 

I am looking for:
in:
News, Blogs & Events Web