BY LAUREN MATTHEWS
For the Tyler Star News
Several matters were set for resolution or continued Thursday by Judge Mark A. Karl in Tyler County Circuit Court:
Coy L. Moffitt, 31, and Mary L. Moffitt, 25, both of Tyler County, appeared in Tyler County Circuit Court on their identical 10-count indictments. Coy Moffitt's attorney, Brent Clyburn, alerted the court that the state had made an offer as to resolving the case. "We are going to discuss a resolution," he noted.
A return date was set for Oct. 3, 10 a.m.
Mary Moffitt's defense, Attorney Shane Mallet, alerted the court that the status of his client's case was the same as Coy Moffitt's. A return date was set for Oct. 3, 10 a.m.
The Coys are each charged with grand larceny, breaking and entering a building other than a dwelling, forgery, uttering, two counts of burglary, and four counts of petit larceny.
Bond still is set at $20,000 for each individual.
Brandie R. Forrester, 28, of 807 Ironton Street, New Martinsville, was released onto probation after having her probation revoked on March 18.
"Your honor," Prosecuting Attorney Luke Furbee began before Judge Karl made his ruling, "if the defendant were to be returned to probation, the state asks the court that she is now in condition to comply." Furbee made mention that the defense's motion to release Forrester suggested that the defendant is receiving counseling for depression, anxiety, and kleptomania. "We ask that she continue this therapy if she is released on probation," Furbee stated.
Karl agreed to this and gave Forrester a stern warning, reminding her that probation is a privilege.
Forrester was originally sentenced to the West Virginia Penitentiary for Women for one to 10 years for the offense of daytime burglary.
In another matter, Gary Willey Jr., 33, of Rt. 2 Box 230A, New Martinsville, waived his right to a speedy trial. His case was continued until Oct. 17, 10 a.m., as Willey is currently in the process of trying to obtain money to retain Mallet as an attorney.
Willey is charged with two counts of embezzlement.
Ronald A. Morgan III, 37, of HC 60 Box 92, Pine Grove also waived his right to a speedy trial as Attorney Mallet is still in the process of obtaining a file from Morgan's previous counsel, Roger Weese. Morgan's case was continued until Oct. 17, 10 a.m.
Morgan is the subject of an indictment issued by the October 2012 term of the grand jury. Morgan is charged with two counts of grand larceny, conspiracy to commit an offense against the state, and destruction of property. Morgan's bond continues.
Also, Beverly Thompson, 53, of 1422 Pleasants Ridge Road, Sistersville, waived her right to a speedy trial., though Attorney George Consenza did state that a tentative plea agreement is in the works. Thompson is set to return to court on Oct. 17, 10 a.m.
Thompson was charged with destruction of property in June.
In another matter, Lewis Anderson, 19, of HCR 67 Box 188, West Union, was released onto 12 months of supervised probation, after serving six months and one day in jail for charges including brandishing a weapon, battery, and domestic assault. Anderson was represented by Attorney Kevin Neiswonger.
The case involving Howard P. Shriver, 32, of Wilbur was continued, as Shriver has recently terminated Shirley J. Stanton as his attorney and has acquired Jay Gerber. Thus, the trial set for this week was cancelled and Shriver waived his right to a speedy trial. He will return to court Oct. 17, 1:30 p.m.
Shriver is charged with burglary, violation of a protective order, two counts of retaliation against a witness, unlawful restraint, two counts of domestic assault, destruction of property, attempted murder and domestic battery. Shriver previously pleaded innocent to all charges.