Three criminal cases were heard in Wetzel County Circuit Court on Friday, March 3. The Honorable Judge David W. Hummel Jr. heard the cases.
Tyler Nice, 26, of New Martinsville, was in court due to an alleged probation violation. Nice had violated his probation, and at the time of his arrest, his phone had been seized as part of the probation violation. Authorities found pictures on Nice's phone that the state felt qualified as child pornography. The police are currently downloading all of Nice's photos to determine his future sentence, as new charges may be filed.
In March 2015, Nice was sentenced to two years in prison for portraying a minor engaged in sexually explicit conduct. He had pleaded guilty to this offense in February 2015.
In another matter, Caleb McCune, 21, stood before Judge Hummel on a petition to revoke his probation. McCune decided to waive his preliminary hearing to the case and will remain incarcerated. McCune had previously been released on probation, but then he allegedly drove his vehicle onto the train tracks behind Wal-Mart and drove the vehicle until it could move no more.
McCune is set to return to court on March 9 for adjudication after all of the state's evidence has been delivered.
Samuel Minger, 38, was present on a petition to revoke probation. Minger had previously been given a three-count indictment for third offense DUI, driving on a suspended license, and fleeing from an officer. There was confusion as to whether Minger had previously pled guilty to any offenses. Minger stated that he didn't plea to anything; he thought he had just waived a preliminary hearing. Minger had served 60 days of a 180 day jail sentence with the other 120 days being dismissed.
While out on probation, Minger was arrested for his third offense DUI. Judge Hummel noted that he will meet with magistrate in regards to reprimanding Minger without any actual admission of guilt.