Judge Anita Harold Ashley presided over Calhoun Circuit Court on Tuesday, August 20th with five cases set for trial.
In case 24-F-1, State of West Virginia vs. Ryan Andrew Snider, charged with one count of Manufacturing a Controlled Substance was set for trial but Prosecuting Attorney Michael Hick informed Judge Ashley that he had really gone back and forth on how to proceed with the case against Mr. Snider, but on Friday night he had received a phone call from a “staple of the community” who stated that Mr. Snider was a good farm hand and requested that he be given a break. He is a first time offender, having never been convicted, therefore Mr. Hicks believed it was in his best interest to offered a two year diversion/probation plan.
Judge Ashley determined that the appropriate thing to do was to review the evidence and gave Ryan Andrew Snider and Attroney Daniel Minardi a return date of September 20th, 2024 at 1 p.m. in Spencer when she will then decide whether or not to accept the agreement.
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Mark Christopher Donovan appeared with Attorney Daniel Minardi in case 24-F-9 charging 3 counts of Wanton Endangerment and 3 counts of Domestic Assault. Mr. Minardi stated that because they were in negotiations, they were requesting a trial continuance for October. With no Objection, P.A. Hicks requested that an acceptance of negotiated terms be made by October 12th, or the trial date of October 22nd, at 9 a.m. would continue.
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In 24F7 and 24F13, State of West Virginia vs. Jamie D. Bailey, her attorney, Calvin Honaker stated that Ms. Bailey has been in a recovery program and that there will likely be a plea agreement reached. The case was set for Pretrial on September 18th, 2024 at 10 a.m. with a trial date of October 22nd, 2024 at 9 a.m. Ms. Bailey has been charged with possession of stolen property, possession of a stolen vehicle, and who counts of conspiracy.
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John Eric Hunt, charged with Conspiracy to Commit a Violation of Chater 60A and Possession with the Intent to Deliver Meth amphetamine in case 23F14, appeared with his attorney, David Richardson. A plea agreement was entered into between Mr. Hunt and the State of West Virginia stating that Mr. Hunt would plea guilty to both the charge of Possession with Intent to Distribute, a felony and the charge of Possession of a controlled Substance, a misdemeanor. The case would then be deferred for one year, giving Mr. Hunt the opportunity to complete the Roane/Calhoun Adult Drug Program. If a successful completion of the program occurred the felony case would be dismissed and a misdemeanor conviction would be filed. If he failed to complete the required Drug Program, the felony charge would stand and he would face 1-15 years in prison.
P.A. Michael Hicks stated that “The co defendants in this case are currently in state prison and played a much greater role in the case. Therefore the state is very satisfied with the other two being in prison, if the State can help mr. Hunt to lead a sober life then we’ll consider it a win.”
When Judge Ashley asked the Defendant if he could pass a drug test today, Mr. Hunt stated that he had used fentanyl before court. The Judge then asked if he realized he could no longer do that with his involvement in the Drug Court, to which the defendant responded that he did.
John Eric Hunt entered a guilty plea to both charges. Attorney Richardson stated that the defendant was grateful for the opportunity extended by the state and that he too agreed.
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In case 23F12, Steven Wayne Kilgore, charged with Failure to Register or Update changes pled guilty before Judge Ashley, as the P.A. Michael Hicks representing the State, agreed to stand silent. The defendant and his attorney, Daniel Minardi informed the judge that they both agreed that it was in the defendants best interest to enter a guilty plea where he will then face a 1-5 year prison sentence.
Rather than providing evidence, the state requested that the disclosure and police statements be considered as evidence and determination for sentencing. The sentencing will take place on October 24th, 2024 at 9:30 a.m. following a pre-sentence report by Alicia Lawson, Probation Officer.
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Isaac Charles Grounds appeared with Attorney John Balenovich in case 24F12 requesting a continuance until the next term of court. A possible plea agreement has been reached with the PA Michael Hicks which is due to be answered by October 12th, 2024. If the agreement is not made a trial is scheduled for October 22nd, 2024.
I was “out of the loop” for a couple of weeks but wanted to comment (lengthy):
Unbelievable. Shocking. Unacceptable. There are more words but these three should be enough to represent what those who read this story should be thinking. Did the prosecutor really tell the Judge that he was making a particular plea offer because of a Friday night phone call from someone he considered a “staple of the community” vouching for the defendant as a good farm hand and asking that he be given a break? Can you say: It’s not what you did but who you know? Unbelievable. Shocking. Unacceptable. Did you also read that the Judge did not accept the plea but continued the case to “review the evidence”. Thank you Judge. The Judge may determine that the proposed sentence is appropriate. But, make that determination on the evidence. If there are people who want to vouch for the defendant, let them come to court and testify under oath. Not phone it in to the prosecutor on a Friday night.
Many, if not most, people have never had the opportunity to interact with the criminal court system. That is probably a good thing although it leaves the understanding of what happens in court somewhat of a mystery. Many, if not most, people do not know what a prosecutor does…or, as in this situation, is supposed to do. The prosecutor is the chief law enforcement officer in the county. Without a prosecutor no case makes it into court for resolution. While, for the most part, law enforcement officers determine who gets arrested for criminal conduct, the prosecutor gets to choose which of those people actually end up in court to deal with the consequences of their actions and are held accountable for their crimes. At least, that is how things are “supposed” to work…except this week in Calhoun County.
The cases referenced in the article were set for trial. That means bring in the jury and let’s have a trial. Granted, on trial day many defendants change their mind and enter pleas to not have to face the jury. Yet, per the article, on this trial day only two defendants entered a plea and all of the other cases were continued. This should have been called continuance day instead of trial day.
That being said, look closer at the article. Per the reporter:
Case #1. The aforementioned “a phone call makes the difference” case. Friday night before trial day and the prosecutor still hasn’t decided on a plea offer. This trial date didn’t sneak up on anyone. The defense attorney had to be preparing for trial. The witnesses had to be preparing for trial and had to either be in the court or on standby for trial. The clerk, the court reporter and the bailiff had to be prepared for trial. The jury had to either be called in or be on standby putting themselves and their lives on hold. But, the Friday before, the prosecutor hasn’t decided what to do with the case? Good thing he got that phone call. Does everyone have his Friday night phone number? What if the defendant didn’t work for a staple of the community but, instead, worked another job just as hard? But, I digress. I just can’t get over fashioning a plea offer after a favorable phone call asking for a break. Back to preparation. Friday night before a Tuesday TRIAL day is not the time to still be preparing a plea offer. That is when you are finalizing your trial prep.
Case #2. Three counts of Wanton Endangerment and three counts of Domestic Assault continued because of continuing negotiations without objection by the prosecutor. This is a victim case set for trial. Victims waiting for their day in court. Still negotiating? No objection? Its trial day. Take the offer, plea straight up to the court or bring in the jury. Or, in this case, sorry victims you don’t get to have your day in court today, now we’ll wait until October. I hope this didn’t inconvenience you.
Case #3. See Case #2 above. Same reasoning, different crime but now we have a level of “likely” to plea…later. Another continuance and another victim not getting their day in court. Another continuance on TRIAL day.
Case #4. Finally a plea! Did you catch the part where the defendant advised the court that he had done fentanyl prior to coming into court that day? I didn’t see any questions by the prosecutor on that issue in the article. In order to enter a plea that will stand up on appeal should the defendant violate the terms of his sentence the defendant must be competent and alert and able to knowingly tender the plea. Maybe in this case fentanyl means something other than one of the most dangerous and potent drugs being abused in society.
Case #5 A plea to failure to register or update. The only two registry requirements I can think of is registering as a convicted felon or as a sex offender. Two very easily provable cases, whichever it was. A community needs to know where its felons and sex offenders are living. Failure to register is incredibly serious and a direct threat to everyone’s safety. The prosecutor remained silent! Read that again. The prosecutor remained silent!
Case #6 By now, you should have guessed it…another continuance for another “possible” plea agreement. And if not, a trial date in October. Wait, this was the TRIAL date. Is the October date an “I really mean it this time” trial date? Again, it’s easy….This is the plea offer, the jury is ready, plea to the court if you don’t like the offer or have a seat and bring up the jury!
Just my opinion but 44 years in the criminal justice system, 25 as a prosecutor, and I NEVER got a phone call from a prominent citizen on the eve of trial asking me to give a defendant a break.
It’s been a year now. How many jury trials have there been and how many continuances on the day of trial? How many charges have been dropped and how many reduced in order to get a plea? How many late night phone calls that influenced a plea offer?