Calhoun Circuit Court convened for Grand Jury on Tuesday, September 5th, 2023. Indictments were returned on the following individuals:
Charter B. Badgett, JR- True Bill
Count 1 – Sexual Abuse in 1st degree , Count 2- Sexual Abuse by Parent, Guardian, Custodian, or Person in position of trust to a child
Christopher Allen Johnson- True Bill
Count 1&2- DUI causing serious bodily injury
Count 3- Driving while license revoked for DUI of alcohol, controlled substance or drugs
Edward Allen Fields- True Bill
Count 1- Receiving or Transferring Stolen goods
Count 2- Possession of Stolen vehicle
Timothy Delane Rhodes- True Bill
Count 1&2- Failure to Register as a Sexual Offender or Provide Notice of Registration Changes.
Arraignments were held on the four indicted individuals on Wednesday.
Thursday morning Judge Anita Ashley was in session until noon. The first case of the day was 23F1 and 23M1 State of West Virginia vs. Timothy Lee Tallhammer. Appearing with his Attorney, Daniel Minardi and Prosecutor Michael Hicks, Mr. Tallhammer was set for the final acceptance a plea agreement. According to Judge Ashley, Timothy Tallhammer had done an excellent in his participation in the Calhoun Adult Drug Court and as was agreed, his case was deferred pending his successful completion of the drug court program. Tallhammer was charged with Driving on a Suspended License 3rd offense.
David Scott Cummings, was charged in Case number 16F5, for the failure to pay child support that had totaled $11,717.60. His hearing before Judge Ashley was scheduled for Thursday, at 9:15 a.m. but he did not appear. His attorney Daniel Minardi had no idea why his client had failed to appear, stating that the defendant was homeless and could not drive, so he possibly could have had difficulties. Prosecutor Hicks responded that even though his predecessor Nigel Jeffries had agreed to stand silent for Mr. Cummings sentencing, “appearing that he is homeless, the state is willing to provide him a home,” he said. Judge Ashley issued a capias for his arrest, but would consider hearing his case if he appeared before noon. Cummings did not appear.
Jason David McCumbers appeared with Attorney Daniel Minardi as well for sentencing on a Hi-low plea agreement that had been entered into previously, but McCumbers had failed a drug test during the period of the agreement. Attorney Minardi came to his defense stating that McCumbers had taken responsibility for his failure of the drug test and confessed to having an issue with meth amphetamine. Attorney Minardi went so far as to vouch personally for his client, stating that he had known him for three years and believed that the substance use occurred because of the stress of the trial. He further stated that his client was on medical marijuana and that he believed Mr. McCumbers could correct and comply with the rules of probation if given another chance. Prosecutor Hicks informed Judge Ashley that upon reviewing the file and noting that there was indeed a positive drug screen, he was still recommending a deferred sentence to allow him to stay on probation. The more severe charge that Mr. McCumbers was facing was “Possession with intent to deliver,” but that was for marijuana. Not the Meth. He too thought it would be in the best interest of all concerned if he remained on probation but with stricter rules such as appearing at the Day Report Center in Roane for frequent drug test and he would not be allowed to use his medical marijuana card while on probation.
Judge Ashley however didn’t agree. She told the parties involved that she was “really concerned that he had reported his last methamphetamine use was in 2021 but had been discovered using it multiple times. Because of her concern for his health she was not going to adopt Mr. Hicks’ recommendation but rather sentenced McCumbers to 1-5 years for possession of a controlled substance. She did offer him the opportunity to locate a bed in a drug treatment center and she would reconsider his jail sentence, But she wanted assured he was getting treatment. McCumbers was remanded into the custody of Sheriff and taken to the West Virginia Central regional jail.
A review on State Vs. Kenneth J. Rush was held via video. The defendant remains in a less restricted environment and will be reviewed again next year.
Angela Sampson, appeared in Case number 23P16 for an extradition hearing. Following confirmation of her understanding the terms of waiving an extradition hearing. After being sworn in for testimony Ms. Sampson stated that she knew what it meant and did not desire to challenge the extradition. Having been charged with Possession with intent to deliver and Posssesion of a controlled substance in the state of Pennsylvania, Judge Ashely remanded her in the custody of the sheriff for transport to the Central Regional Jail. The State of Pennsylvania has 14 days to pick up the defendant or she will be released.
The final case of the day was case numbers 09F9 and 09F16, State vs. James Keith Hardman. Appearing with his council Calvin Honaker. Prosecutor Hicks spoke regarding the charge of Failure to register as a sex offender saying that he had “Largely predicated on Mr. Hardman’s recent arrests for failure to register and had entered into a join motion to continue the revocation.” The cases were continued for October 3 at 9 a.m.
