The Honorable Judge Anita Harold Ashley presided over Calhoun County Circuit Court on Thursday, February 3, 2022 hearing the following cases:
22-F-1 State of West Virginia Vs. Amy Lou Yoak, First Appearance Continued
20-F-41 State of West Virginia Vs. Abbie Darlene Strums, Hearing to Revoke High/Low Supervision. Nigel E. Jeffries, Prosecuting Attorney. Ms. Sturms appeared with counsel Calvin Honaker, Jr. to answer to the issue of her failure to complete the terms of her High/Low agreement which she had entered into for a deferred sentence on a Charge of Conspiracy to Commit Malicious wounding. If her terms and conditions were met, the felony charge would have been dismissed for a lesser Misdemeanor only.
During the hearing Ms. Sturms confessed to having missed several AA/NA meetings which were apart of the conditions of her probation due to her severe drug addiction being a relevant part of her felony charge. She also provided reasoning behind the failure to attend, citing personal, transportation and internet issues. In addition she stated in her testimony that she had made up 15 of the 16 missed classes, asking Judge Ashley for mercy in her decision.
Judge Ashley informed Ms. Sturms that ”She had received an awful lot of mercy. You had blatant disregard, you missed a critical number of AA meetings. Excuses given were at times when AA was needed to keep you from relapse. ”
Judge Ashley revoked the probation of Abbie Darlene Strums with just one month remaining, having served 11 months of the previous charged offense. The case is set for sentencing on February 9, 2022 at 10:45 a.m.
16-F-15 State of West Virginia Vs. Travis Wayne Moore being held in the South Central Regional Jail. Hearing on the State’s Motion to Revoke Bail was continued. Nigel E. Jeffries, Prosecuting Attorney, Cavin C. Honaker, Jr. , Counsel.
21-B-13 State of West Virginia Vs. John Franklin Cash being held in the Central Regional Jail, State’s Motion to Revoke Bail was continued. Nigel E. Jeffries, Prosecuting Attorney, Cavin C. Honaker, Jr. , Counsel.
20-F-31 State of West Virginia Vs. Mary Ellen Gibson, appearing with counsel Betty C. Gregory final sentencing hearing continued. After the successful completion of High/Low supervision, the felony charge of Possession with intent to deliver was dismissed and a plea was entered into for the 20-M-5 Misdemeanor charge of Possession of a Controlled Substance. Ms. Gibson was sentenced to a 90 days suspended sentence and 3 months probation and commended by Judge Ashley for her success.
22-F-6, 22-F-8 State of West Virginia Vs. Jesse Brent Roberts, Arraignment continued. Nigel E. Jeffries, Prosecuting Attorney. Mr. Roberts appeared with Counsel Betty C. Gregory and entered a plea of Not Guilty on both cases. Counsel informed Judge Ashley that they were in the process of plea negotiations and requested the case continued until the next term of court. Case continued for pretrial on April 6, 2022, and Trial on June 7, 2022.
22-F-9, State of West Virginia Vs. Brandon Michael Tallhammer, Arraignment. Nigel E. Jeffries, Prosecuting Attorney. Mr. Tallhammer appeared with counsel Daniel F. Minardi and entered a not guilty plea to the charge of ”Fleeing in a vehicle with reckless endangerment.” Discovery was requested and received, a pre-trial has been set for March 10, 2022 at 1:45 p.m. and a trial date of April 19, 2022.
22-F-10 State of West Virginia Vs. Kimberly D. Duskey Nigel E. Jeffries, Prosecuting Attorney, Defendant represented by counsel Jeffrey A. Davis. Defendant being held in the Central Regional Jail. State’s Motion for a First Technical Violation of Probation. The defendant began a Five year probation on January 20, 2021 but on January 11, 2022 Ms. Duskey confessed to Probation Officer Alicia lawson in using marijuana and Methamphetamine which violated her bond, as well as missing her December 21 probation meeting. A drug lab report confirmed the use of both substances. Defense counsel requested Ms. Duskey be sanctioned by the court for Credit for time served of the 15 days she has currently been incarcerated. Prosecuting Attorney Nigel E. Jeffries requested an additional 15 day sanction or her incarceration. Upon consideration Judge Ashley sanctioned Kimberly D. Duskey to an additional 30 days, for a total of 45 days of incarceration for the violation of probation.
22-F-10 State of West Virginia Vs. Brian Keith Burrows. Nigel E. Jeffries, Prosecuting Attorney, Defendant represented by counsel Calvin C. Honaker., Jr. Defendant being held in the Central Regional Jail. State’s Motion for a First Technical Violation of Probation. The defendant began a Three year probation on February 6, 2021 but on January 11, 2022 Mr. Burrows confessed to Probation Officer Alicia lawson in using Methamphetamine which violated his bond, as well as missing his December 21 probation meeting and failed to pay mandated community correction and drug screening fees. A drug lab report confirmed the substance of methamphetamine to be in Mr. Burrows system. Defense counsel requested Mr. Burrows be sanctioned by the court for Credit for time served of the 15 days he has currently been incarcerated. Prosecuting Attorney Nigel E. Jeffries requested an additional 15 day sanction or his incarceration. Upon consideration Judge Ashley sanctioned Brian Keith Burrows to an additional 30 days, for a total of 45 days of incarceration for the violation of probation.
22-F-14 State of West Virginia vs. Phillip Jean Giles Robinson Arraignment Continued. Nigel E. Jeffries, Prosecuting Attorney, David B. Richardson, Counsel. Mr. Robinson entered a ”guilty plea” to the charge of Attempting to Commit a Felony”which carries a maximum imprisonment of 1-3 years, 6-12 months jail and $500 fine. On July 12, 2021 Mr. Robinson attempted to obtain a prescription from J & B Drug store for Phenergan with Codine under the name of Caleb Johnson. When the Pharmacist called to see if it was a valid prescription it was discovered that it was not. When Mr. Robinson attempted to pick up the prescription he was arrested. The plea was entered into with the dismissal og additional counts. Judge Ashley assigned the case to Alicia Lawson, Probation officer for pre-sentence investigation. The case was continued until April 6, 2022 at 1:30 p.m. for sentencing.
22-F-7 State of West Virginia vs. Rickie Lee Scruton, Arraignment Continued. Nigel E. Jeffries, Prosecuting Attorney, David E. Jeffries, Prosecuting Attorney, David B. Richardson, Counsel. Defendant entered a not guilty plea, pretrial set fro April 6, 2022 at 11 a.m. with Trial date set for April 19, 2022 at 9 a.m.
Judge Ashley also heard six juvenile cases.
