Judge Anita Harold Ashley moved cases along swiftly in Calhoun Circuit Court, April 11, 2023 as multiple case set for trial were continued for various reasons or plea agreements were entered into.
Tony MCcune, Charged with “Sexual Assualt in the 1st Degree,” was set for trial but continued so that the State could subpoena additional documents based on a new witness, and a defense intent to file a motion to dismiss due to conflicting statements. The case was continued for May 2nd, at 3 p.m.
Brothers and co-defendants, David and Dylan Little appeared before Judge Ashley for trial, but again a continuance was sought due to pre-trial issues needing addressed. Although David Little is out on bond, Dylan Little remains incarcerated. An attempt by his attorney David Richardson to have the bond reduced to $10,000 failed when Prosecuting Attorney Nigel Jeffries opposed. Richardson said that his client had never failed to appear for court, to which Mr. Jeffries responded by noting that he appeared for court because of a free ride from the State of West Virginia. Judge Ashley agreed that Dylan Little was not a good candidate for bond reduction to that degree and reduced the bond to $25,000 instead. Their case was continued to May 31, 2023 at 1:15 p.m.
Codefendants Gelinda Jean Skaggs and John Eric Hunt appeared before Judge Ashley for trial, but a third continuance of the day was filed when Prosecuting attorney Nigel Jeffries informed the judge that he was awaiting drug results from the State crime lab, a fingerprint analysis and the information regarding a receipt for an EBT card belonging to a Salem Correctional Facility inmate. Attorney Daniel Minardi, attorney for Gelinda Skaggs resigned as council due to a conflict with a previous client. Attorney John Balenovich was appointed in his place and the case was continued for Pretrial on May 31st, 2023 at 2:30 p.m.
Keith Allen Lamp, appeared before Judge Ashley to enter into a plea agreement. Previously charged with Fleeing while DUI, Concealed Weapon by a Prohibited Person, Prohibited Person in Possession of a Firearm, False evidences, forgery, etc., of title and registration and Possession of a Controlled Substance; Mr. Lamp plead to only 2 charges “Fleeing in a vehicle with reckless indifference (felon) and “concealment of a firearm.” He now faces 1-3 years in jail on the fleeing charge and a fine of $1,000-$2,000 plus an additional sentence of up to 3 years in jail and up to a $5,000 fine on the firearms charge, and payment of all court costs. Lamp’s case was continued for sentencing on July 27th, 2023 at 1:30 p.m. following a pre-sentence investigation by Alicia Lawson, Probation Officer.
Jason Bradley Smith, appeared with attorney Daniel Minardi to enter into a plea agreement to 1 count of “Burglary.” Smith now faces 1-15 years jail. Smith plead guilty according to Kennedy vs. Frazier, a 1987 WV case where it was determined that: An accused may voluntarily, knowingly and understandingly consent to the imposition of a prison sentence even though he is unwilling to admit participation in the crime, if he intelligently concludes that his interests require a guilty plea and the record supports the conclusion that a jury could convict him. Following a pre-sentence investigation by Alicia Lawson, Probation Officer, Smith will be sentenced on July 27th, 2023 at 11:30 a.m.
The final case of the day was State vs. Robert J. Lung, III. Lung entered his plea to the charge of “possession with intent to deliver,” (felony) and the misdemeanor charge of “Possession of Methamphetamine.” Both pleas are a part of a High/Low plea agreement that will allow for the felony charge to be dismissed and a guilty plea entered to only the misdemeanor count if the defendant successfully completes a drug court program. Lung will return once his program is completed for final plea entry and sentence.
