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Special prosecutors named in several cases

Grant County Press of Petersburg, West Virginia

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Move was needed in wake of change in the post of prosecuting attorney here

The ripple effect of November's general election has finally reached the Grant County Circuit Court.

And it is all the result of the first new prosecuting attorney in 27 years.

In recent weeks, special prosecutors have been appointed to represent clients formerly served by local attorney Jeff Roth. In November, Roth was elected to replace retiring prosecutor Dennis DiBenedetto.

Hardy County prosecutor Lucas See was named to handle cases pending against Patricia Ann Kimble, Tiffany Brooke Ours, Joshua Allen Hinkle and Nicole LaBossiere.

Named as prosecutor in cases against Michael Trent Kimble, Roy Daniel Willis III and Jennifer Sue Cullers was James Corrier. He's the prosecuting attorney in Mineral County.

The special prosecutors are referred to the county by their state association. Appointments were made by Circuit Judge Phil Jordan.

P. Kimble was involved in one of the court's most recent decisions, a probation violation case heard by Judge Jordan.

The judge sentenced P. Kimble to 1-15 years in state prison for burglary. She was given credit for 145 days already served behind bars.

P. Kimble was before the judge as the result of a probation violation complaint. In it, she was accused of violating probation by committing crimes in Berkeley County, failing to make required payments and not staying in contact with the probation officer.

In another case, Jordan accepted a plea agreement for Brayden James Schell. The defendant was facing a 1-10 year prison term for grand larceny.

Under terms of the agreement, Schell will instead serve five years probation. If all requirements of the order are met, Schell can ask for early release from probation in three years.

Also avoiding a prison term was Donald Eugene Davis. He was facing 1-3 years in prison for driving while revoked for driving under the influence, third offense. This offense also carries a maximum fine of $5, 000.

Initially, Jordan sentenced Davis to 1-3 years and a $3, 000 fine, but then suspended the penalty in favor of one year of electronic house arrest. During that time, Davis may leave his Jordan Run Road residence to go to work.

The house arrest order includes a requirement for random drug and alcohol testing, required payments and a directive to stay employed. Davis is supposed to complete the program by Aug. 6.

If there are any violations, the judge said Davis would be sent to jail.

Earlier, Jay Geary was named as Davis' attorney.

Failing in an effort to have his Potomac Highlands Regional Jail sentence altered was inmate William Brian Kile. He was asking permission to obtain early release from a 60-day jail sentence.

Jordan denied that request, saying "Mr. Kile has received an unusual amount of accomodation and must serve the remainder of his sentence." Kile is in jail for the unlawful taking of a vehicle.

The judge also heard a case against Daniel Lee Smith, who was facing possible grand jury action. Rather than have his case taken to the grand jury, Smith asked for his case to proceed by another process, known as an information.

He entered a plea to a misdemeanor, contributing to the delinquency of a minor. The maximum sentence for this offense is a year in jail.

Jordan handed down a suspended 6-month jail term, suspending that penalty in favor of three years probation. Smith was directed to stay employed, pay all costs and obtain an HIV test at his own expense.

In other recent action, Jordan and Judge Lynn Nelson heard cases involving:

Jesse Eugene Tinney -This case was dismissed after Judge Nelson learned Tinney was prepared to pay $600. as directed by the court.

Christopher Ryan Valkos -Nelson set a hearing in this probation revocation case. .

Melvin Russell Kimble -Nelson extended Kimble's probation until Nov. 11, 2014 and granted a judgment in favor of the state. This action came in a probation revocation case.

David Edward Bauer - Nelson extended Bauer's probation by five years and granted a judgment on behalf of the state. Bauer's probation won't end until Jan. 22, 2017.

The judge noted Bauer still owed a substantial amount of money as part of the original probation order.

Griffith Corey Lloyd Jr. -Nelson extended Lloyd's probation by five years and granted a judgment to the state for costs. This was a probation revocation case.

Harlan Preston Lambert -Jordan agreed to discharge Lambert from the Anthony Center after leaning the inmate had satisfactorily completed a program at the facility.

The judge directed Lambert live at Cedar Manor and get a job. He was also directed to appear at another hearing.

Following a different hearing, Jordan placed Lambert on five years probation, directed he pay certain costs and barred the defendant from having any contact with Jamie Jo Parsons. He was also directed to get a job.

Trina Lee Crawford - Jordan approved a schedule designed to allow Crawford a chance to complete a 60-day sentence at the regional jail. It was noted Crawford had already served 28 days.

Angel Lynn Mullins - Jordan reinstated Mullins to probation, extending it until Sept. 26, 2017. Mullins was directed to remain active in the Nicholas County Community Corrections Program. A judgment was awarded in favor of the state for court costs.

Kevin A. Graham - Jordan approved a plan for Graham to serve a 60-day sentence at the regional jail. The sentence must be completed by March 2.

Roberto Monreal Flores -This was a somewhat unusual matter and involved a $5, 000 bond previously posted on behalf of R. Flores by Oscar Flo-res.

Saying that no one seems to be able to locate O. Flores to return the money, Jordan directed it be paid into the county's general receiver fund.

Josh A. Hinkle - Jordan approved a transportation order allowing Hinkle to be brought from the St. Mary's Correctional Center for a local hearing.

Kenneth W. Day Jr. - Jordan presided at a probation status hearing, learning that there is a possibility of a new charge.

Additionally, Jordan said a statement made by Day to investigators with the state Workers' Compensation Fund would be admissible in court. The judge also named Nicholas James as Day's attorney.

David Allen Wimer - Jordan discharged Wimer from the community corrections program.

Tiffany B. Ours - Jordan scheduled a Feb. 14 hearing and directed Ours stay at the regional jail pending additional action. Cowan Hart Pennington and Jessica Nicole Whetzel Jordan set a March trial date and said statements made by the defendants would be admissible as evidence.

Brent Arrington Vance -Jordan approved a $5, 000 bond, directed Vance meet weekly with the probation officer, set a hearing and directed he have no contact with a co-defendant.

Francis Jacob Good and Rebecca Lynn Blair - Jordan slated a hearing and reviewed a proposed plea agreement.

Tonya Robertson - Jordan agreed to lower Robertson's bond to $2, 500.

Justin Tyme Tawney - Nelson scheduled an April 11 hearing and noted that Tawney still needed to pay off $19, 172 in restitution and other costs.

James E. Cornett Jr. - Jordan released Cornett from probation, saying he had met all requirements.

Carson Wade Kimble - Jordan removed this case from the docket, saying all costs had been paid and requirements met.

Tyson Allen Wratchford -Jordan presided at a probation status hearing.

David William Wratchford - Jordan handled a probation status review.

Billy Joe Ours Jr. - Nelson agreed the cost of a polygraph test obtained by Ours should be paid by the state.

Melissa Ann Heavner - Nelson named Tim Sirk as her attorney.

In a separate action, the judge said Heavner could be placed on house arrest pending a probation revocation hearing, as long as the expenses were paid by her family.

Shawn Dolly - Jordan named Jay Geary to serve as Dolly's attorney.



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Original Publication Date: February 12, 2013



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