Judge Anita Harold Ashley presided over her third day of court proceedings this week in Calhoun Circuit Court. The first adult hearing Thursday morning was one where both the defendant and the Attorney were in trouble. Tony McCune, who has been charged with Sexual Assault in the 1st Degree, failed to appear for his court hearing before Judge Ashley on May 22, 2022. Nor did his attorney, Barbara Harmon-Schamberger appear or contact the court of her inability to appear.
Attorney Schamberger attempted to argue on Mr. McCune’s behalf that it was her fault he missed his court appearance. Tony McCune has a known hearing disability and currently only has one hearing aid. Ms. Schamberger argued that he no doubt did not hear the date of the trial and she failed to relay it to him properly. She stated that he could not meaningfully participate because he couldn’t hear.
Judge Ashley was having no part of the excuse presented by Schamberger informing her that McCune had been provided a hearing apparatus during his January hearing when the next hearing date was scheduled. He knew he was to come.
Attorney Schambeger continued to take the blame for his failure to appear, stating that Mr. McCune had never failed to appear before.
Judge Ashley reminded the Attorney that not only did the defendant not appear but she didn’t appear either and that was “Not how we conduct court.”
The attorney’s excuse was that she had had family issues and extreme illness on her part and was not physically able to appear.
In finality Judge Ashley informed Attorney Schamberger that she would be referring her to the State Bar.
As for Mr. McCune’s failure to appear, Prosecuting Attorney Nigel Jeffries expressed his concern regarding the representation and lack of appearance with such serious charged against the defendant. He stated that ”Nothing shows it wasn’t willful. He understood the nature of the charges.” He then requested the judge deny the motion to release McCune on bond, which Judge Ashley agreed.
Tony McCune’s trial date is scheduled for July 19th.
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Robert Scott Carpenter entered a plea of not guilty to the charge of Wrongful Injury to Timber and at his attorney Alexander Macia’s request and the Prosecutor’s approval Mr. Carpenter was released on a $10,000 Personal Recognizance bond to appear for a November 10 pretrial and a December 13 trial date.
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Thomas Clover failed to appear in Case 22-F-5 charging him with Neglect of an Incapacitated Person Resulting in Injury. His Attorney Daniel Minardi nor his bondsman were able to contact him. Because of his age, Judge Ashley allowed that they would give the Defense until 3:30 p.m. to get in touch with Mr. Clover so that he could appear. He did appear later in the afternoon for a pretrial continuance.
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Mary Ellen Gibson appeared before Judge Ashley to answer to the State’s Motion to modify (extend) her probation due to her failure to pay court imposed fines with a remaining balance of $708.55. Her attorney, Betty Gregory argued on her behalf that she had gained employment, purchased a car for her ability to get to work and cared for her family, and would continue to pay the fines, deserving to be released from Probation.
Prosecuting Attorney Nigel Jeffries offered Ms. Gibson the option of having her fines placed on a Suggestee Execution, allowing her employer to deduct a portion of the fine from her pay until the balance was paid, rather than extending her probation. However, Ms. Gibson declined, stating that Probation Officer Alicia Lawson was ”great” and she’d just a soon remain on probation until she could pay the fines herself. Judge Ashley continued her probation until fines are paid in full.
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Christopher Mark Sampson appeared before Judge Ashley on a Motion to Modify bond in the charge of Possession with Intent to Deliver. But the defendant had already secured the ability to post bond through a bonding company. Once bond was posted he would be released on Home Confinement by the Calhoun County Sheriff.
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Susan Winell appeared before Judge Ashley for a hearing on her Competency Evaluation. She was placed in the William R. Sharpe, Jr. Hospital in Weston, WV for 90 days at which time it will be determined if she has regained competency to stand trial for the charge of Wanton Endangerment.
