David Scott Cummings was scheduled to appear in the Calhoun Circuit Court before Judge Anita Harold Ashley. The hearing was scheduled for 9 a.m. without Cummings present. According to his Atttorney, Daniel J. Minardi the defendant was supposed to be in route to the court, but was somehow delayed.
Both the Judge and Prosecuting Attorney Nigel Jeffries expressed concern about the defendant’s failure to appear stating that he had a history of failure to appear for both Family Court and Criminal Court cases. Jeffries requested and received a capias for David Scott Cummings which could possibly be rescinded if he appeared before the court day was over.
Defendant appeared at 10:30
Judge rescinded the capias.
Case set for July 25th at 9 a.m., family court may have some effect on this case.
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21P15 – State vs. Elijah Zane Melrath
Elijah Zane Melrath appeared before Judge Anita Ashley with his Attorney Daniel Minardi to answer to allegations of substance abuse. Melrath admitted to continued substance abuse even after having tested positive in February and March for the use of Methamphetamine and Fentanyl. He informed the judge that he fully understood and freely confessed that he had been facing 2 technical violations and now the third because of his substance abuse.
Prior to the abuse, Melrath had been prescribed Suboxone and had successfully abstained from drug use for almost one year, taking care of his grandmother, until he removed himself from Suboxone and relapsed. With that in mind Attorney Minardi argued on Melrath’s behalf that he would be a candidate for modification of sentence if not home confinement.
Prosecuting Attorney Jeffries, told the court that this was an unfortunate case. Because when Mr. Melrath took himself off of Suboxone, he “nose dived,” Jeffries stated that he had failed each time to get the help he needed, and that he believed the court’s only option was to impose the original sentence with credit for time served.
Judge Ashley informed Melrath that she was sorry he had relapsed, and she understood that’s what happens with addicts, but stressed that she was more concerned that he had been found with Fentanyl in his system, counting him lucky to be alive. She encouraged his Attorney to assist Melrath in finding a long term facility.
Elijah Melrath told the judge that he was afraid of the drugs in jail. To which the Judge acknowledge his fear, but said she was putting him in jail to keep him alive. He was remanded into the custody of the Sheriff
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Timothy Tallhammer appeared by teams from the Pruntytown Corrections Facility in case 23F1. Attorney Daniel Minardi made a motion on his behalf for a reduction of bond to $5,000 cash/surety/property with the condition of home confinement.
Prosecuting Attorney Nigel Jeffries opposed that motion stating that Tallhammer was facing charges that were enhanceable and that he had previously been non-compliant with regards to a Roane County Bond. With that advisement, Judge Ashley left the bond at $15,000 and continued the case for July 27th, 2023.
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David Jason McCumbers 23F4
Attorney Daniel Minardi
On the docket for a Pretrial. Case will be continued to July 25th, 2023 at 9 a.m.
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Chadwick Hughes appeared before Judge Ashley for arraignment in case 21F11. He entered a plea of not guilty and the case was set for Pretrial on May 18th at 2:10 p.m., with a Trial date of July 25th at 9 a.m.
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Loretta Kay Douglas appeared for sentencing for the charge of Conspiracy to Commit a Felony. The charge carries a sentence of 1-5 years imprisonment and not more than a $10,000 fine. She is currently serving 3-15 in the Lakin Womens Correction Center for “Possession with intent to Deliver Fentanyl.” Her Attorney, Calvin Honaker, requested that Judge Ashley run her new sentence concurrent, allowing her to finish both sentences at the same time. Her charge of Conspiracy was due to the fact that she was selling in Kanawha County but some of those drugs made it to Calhoun and she was aware of that happening. Following a short apology to the Judge, Judge Ashley informed her that the most disturbing part of her case was that she was selling fentanyl.
According to the DEA website Fentanyl is a potent synthetic opioid drug approved by the Food and Drug Administration for use as an analgesic (pain relief) and anesthetic. It is approximately 100 times more potent than morphine and 50 times more potent than heroin as an analgesic. According to the CDC, 107,375 people in the United States died of drug overdoses and drug poisonings in the 12-month period ending in January 2022. A staggering 67 percent of those deaths involved synthetic opioids like fentanyl.
