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Judge Jeffrey Cramer Hears Several Matters

April 4, 2018
BY ED PARSONS - Staff Writer ( , Wetzel Chronicle

Several matters were heard in Wetzel County Circuit Court on March 30 before the Honorable Judge Jeffrey Cramer.

Thomas James Hull, 26, of 32 Ross Street, New Martinsville, pleaded guilty to the felony charge of conspiracy to deliver herion. Hull appeared before Judge Cramer alongside his attorney, Brett Ferro.

When asked by Judge Cramer what he did to make him guilty of the crime, Hull said he delivered heroin while conspiring with another.

Prosecutor Tim Haught said if the case were to go to trial, the state would be able to show the crime took place in New Martinsville, and they would use the testimony of the cooperating individual and law enforcement. Judge Cramer sentenced Hull to one to five years in prison. His bond was allowed to continue post-conviction, and he was ordered to self report to the prison on Friday, April 6.

Mitchell Lee Erb, 32, of 911 Pioneer Community Road, St. Marys, appeared in court for a scheduled pre-trial hearing. Erb is charged by the Wetzel County Grand Jury in a one-count indictment with the felony offense of receiving stolen goods.

Kurleac told Judge Cramer there is no plea agreement. Cramer ordered Erb to return to court on April 25, at 8:30 a.m. for a trial. He said jury selection would begin at 9 a.m. Erb was remanded to jail.

Kelly Lee Tustin, 54, of P.O. Box 402, Hundred, failed to appear for her scheduled hearing on Friday. On a motion from the state, a capias warrant was issued for her arrest; her bond was revoked by Judge Cramer.

Around an hour later, Tustin showed up in court. However, her attorney had already left for another commitment. Judge Cramer told her she was late, and normally, he would have someone taken to jail for not showing up. He asked Prosecutor Haught what he wanted to have done. Haught said considering Tustin has shown up to court, and has been to all her probation meetings, he would withdraw the motion for the capias.

Judge Cramer set a trial date in the matter for May 2, 9 a.m. He told Tustin to return to court at that time. She was allowed to remain free on her bond. Tustin is charged in a two-count felony indictment with grand larceny and conspiracy.

Lindsay Nicole Burley, 25, of P.O. Box 301, Hundred, is charged in a two-count felony indictment by the Wetzel County Grand Jury with grand larceny and conspiracy. Attorney Shane Mallett told the court Burley agreed to waiver her right to a trial during this term of court. Judge Cramer let her waiver the term of court and her right to a speedy trial. He ordered her to return on May 24, at 9 a.m. He will then set a trial date. Her bond was allowed to continue.

Robert Jack Six, 33, of HC 62 Box MM, Burton, appeared in court Friday alongside Attorney Brett Ferro. Six had been charged by the Wetzel County Grand Jury on a one count felony indictment of third offense DUI and a separate two-count felony indictment of daytime burglary and conspiracy.

On Friday, he pleaded guilty before Judge Cramer to the felony offense of DUI third offense. When asked by Judge Cramer what he had done to make him guilty, he said he was driving a four wheeler while drinking. Six had been previously convicted of DUI in Wetzel County Magistrate Court on Sept 24, 2008 and June 6, 2012.

The guilty plea carries a potential sentence of two to five years in prison. Judge Cramer ordered a pre-sentence investigation report to be done by the probation office and will set a sentencing hearing once the report is received. Six was remanded to jail.

Crystal Lynn Aston, 38, of 664 Maple Avenue, New Martinsville, appeared in court with Attorney Ferro for a scheduled plea hearing. Aston is charged with malicious assault.

Ferro told the court on Friday that they had a plea agreement, but his client had decided not to accept the state's offer. Judge Cramer then set April 25 as a the trial date in the case. He told Aston to return on that date at 9 a.m. She was allowed to remain free on bond.

However, upon leaving, the probation office drug tested her, and she was recalled back into court where Judge Cramer was informed she had just tested positive for methamphetamine. Her bond was then revoked and she was remanded to jail.

Paul Campbell Jr., 36, presently incarcerated, pleaded guilty on Friday before Judge Cramer to petit larceny. The offense has a potential penalty one to five years. Campbell, through the plea agreement, was sentenced to six months and one day in the Northern Regional Jail. He was given credit for time served of 86 days. His sentence is to run concurrent with a sentence in Harrison County. He was also ordered to pay the cost of his prosecution. Campbell was remanded to jail to serve his sentence.

Benjamin Ray Highley, 47, of HC 60 Box 43C, Reader, was previously charged with possession of motor vehicle without vehicle identification mark and altering a vehicle identification number.

On Friday he pleaded guilty to one count of the indictment telling Judge Cramer he changed the VIN number from one vehicle to another. The crime carries a potential penalty of one to five years in prison.

Judge Cramer ordered a pre-sentencing investigation report to be done and will schedule a sentencing hearing once he receives the report. Highley was allowed to remain free on bond.

Caitlyn Tallman, 28, of New Martinsville, appeared in court March 30 alongside her attorney E. Gillison for a adjudication hearing.

Tallman admitted to violating her probation, Judge Cramer sentenced her to serve one to 10 years in prison with credit for time served. Tallman was originally charged with conspiracy to deliver heroin and was sentenced to one to five years which was suspended, and she was to finish drug court. She was remanded to jail to finish her sentence.

Ethan Tyler Blizzard, 23, of New Martinsville, was in court March 30 with his attorney E. Gillison for a probation revocation hearing. Blizzard was originally charged with possession of more than 700 stamps of heroin in one of Wetzel County's largest drug busts. He has been sentenced, served time, and was recently on probation. He is accused of violating his terms of probation. His attorney told the court on March 30 that Blizzard denies the allegations and contests them.

Judge Cramer set a return hearing date for April 17, at 10 a.m. Blizzard was remanded to jail.

Kayla Dawn Cecil, 26, of 162 Furbee Ridge Road, Reader, had been charged by the January term of the Wetzel County Grand Jury with a one-count indictment, charging the felony offense of delivery of a controlled substance (methamphetamine).

Cecil was sentenced on March 30 to one to 15 years in prison for the crime. She will be eligible for early release on a Rule 35 motion after serving five months. She has served 100 days. She has been ruled eligible for drug court upon release. And she will be on three years supervised probation if successful in drug court. She was remanded to jail.

Kevin Joseph Hubbard, 27, of RR1 Box 47B, Glen Easton, WV, appeared in court alongside his attorney Mike Baum on Friday for a sentencing hearing before Judge Cramer.

Hubbard had been given a three-count indictment charging him with the felony offense of malicious assault, strangulation, and third offense domestic battery. He pled guilty in a plea agreement to the lesser offense of unlawful assault, and the other charges were dismissed earlier this year.

At a March 30 hearing, Hubbard and his attorney both asked the court for probation. Baum stated Hubbard deserved probation; he said Hubbard was a changed person, who was trying to get his life back together, and has a good job supporting his family and parents.

Judge Cramer said after seeing the pre-sentence report and taking Hubbard's prior history into account, he was sentencing Hubbard to one to five years in prison. He remanded Hubbard to jail and told his Baum he could file for a Rule 35 motion at the appropriate time.



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