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Cases heard in February term of Grand Jury

March 26, 2014
BY ED PARSONS - Staff Writer ( , Tyler Star News

Several indictees from the February term of the Tyler County Grand Jury appeared in court last week for arraignment.

Dwayne A. Nutting, 29, presently incarcerated, stood silent to his three-count indictment. Public Defender John Gainer asked the court to enter an innocent plea on his behalf.

Count one alleges that Nutting committed the felony offense of child abuse resulting in serious bodily injury against a child under the age of 18. Count two charges him with the felony offense of malicious assault by kicking the child in the abdomen with steel toe shoes. Count three charges him with domestic battery, a misdemeanor. All offenses are to have occurred on Dec. 4, 2013, in Tyler County.

Judge Karl entered the innocent pleas placing Nutting on $25,000 bond, as requested by Prosecutor Luke Furbee. Nutting was remanded to jail and ordered to return to court on April 3.

Randy L. Kuehne, 43, of South Bloomfield, Ohio, was in court on Thursday for arraignment on a one-count indictment of felony offense failure to meet an obligation to provide child support. The indictment charges Kuehne with 12 or more consecutive months of failure to provide support.

Kuehne's attorney, Gainer, advised his client to stand silent and asked the court to enter a plea of innocence on his behalf. Judge Karl entered the plea and set a $5,000 personal recognizance bond. He ordered Kuehne to return to court on April 3.

Tanya A. Smith, 46, of Paden City, was arraigned on a four-count indictment handed down by the Feb. term of the grand jury. She is facing three felony counts of first degree arson and one misdemeanor charge of cruelty to animals. The charges are alleged to have occurred on June 21, 2013, in Paden City following a fire at her residence.

Public Defender Gainer advised Smith to stand silent to the charges and asked the court to enter a plea of innocence on her behalf. Karl entered the plea.

Gainer said they were in the process of negotiations and with the new indictment it may take a little more time. With no objections from the state, Judge Karl allowed her previous bond to continue. He then ordered her to return to court on April 3.

Matthew D. Witsoe, 25, of Rt. 1 Box 156-2, Beverly, W.Va., was in court Thursday alongside his attorney, Brent Clyburn.

Clyburn asked the court to enter a plea of innocence on Witsoe's behalf. Judge Karl entered the plea. Prosecutor Luke Furbee asked that the court dismiss old indictments and that Witsoe be arraigned on the new charges. Karl allowed the motion. He ordered bond to be set at $15,000 cash/surety and that he return to court on April 3.

Witsoe is facing four counts, all to have occurred on June 16, 2013. He allegedly committed the felony offense of breaking and entering a building other than a dwelling belonging to Valley Grange # 519. He is also charged with two misdemeanor offenses of destruction of property, one against Valley Grange and one against an individual, by damaging windows, doors, and a wooden cabinet. His other charge is a felony offense of conspiracy to commit an offense against the state by conspiring with Seth Morris for the purpose of committing the felony offense of entering without breaking a building other than a dwelling.



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