Suspended sentence is handed down

ELKINS – An Elkins woman charged with returning merchandise to Wal-Mart that she did not purchase pleaded guilty as part of a plea agreement Wednesday in Randolph County Circuit Court.

Ann Marie See, 22, was originally charged with four misdemeanor counts of fraudulent schemes and four misdemeanor counts of obtaining goods by false pretenses.

See pleaded guilty to one misdemeanor count of fraudulent schemes and one misdemeanor count of obtaining goods by false pretenses. As part of the plea agreement, the state agreed to dismiss the remaining charges.

Randolph County Assistant Prosecuting Attorney Richard Shryock recommended the court suspend See’s sentence, with her being required to participate and subsequently complete the North Central Community Corrections Program.

Senior Status Judge Thomas Keadle accepted the plea and sentenced See to one year in the regional jail for each charge, or two years, to run consecutively. The sentence was suspended, with See required to complete the North Central Community Corrections Program.

See was ordered to pay restitution in the amount of $332.39 to Wal-Mart within a nine-month period.

See was additionally indicted on four felony counts of forgery and four felony counts of uttering on Feb. 24 in a separate incident in which she was accused of stealing checks from the alleged victim and using them.

As part of the plea agreement, the state agreed to do a pre-trial diversion and defer the charges, pending the completion of the Community Corrections Program.

See was ordered to pay restitution to the alleged victim in the amount of $667 within a six-month period.

Shryock said the state was willing to do this agreement based on See’s young age and lack of a criminal history.

“Your honor, I would just say that the state entered into this agreement, both the diversion agreement and the plea agreement, and agreed to recommend this sentence based upon the defendant’s age, the fact that she had no prior criminal history, that she does have a young child and the state would like to see her have a chance to get things turned around without a felony conviction on her record,” Shryock said.

“She has done some checking with Community Corrections and perhaps some drug testing over there which she has done well and we think that this agreement is in the best interest of the state and the defendant,” Parker said.

Keadle accepted the diversion agreement, with the condition that See complete the Community Corrections Program.

Also in Randolph County Circuit Court on Wednesday:

– The trial for Christopher Michael Rosier, 27, of Elkins, was continued.

Rosier was indicted on one felony count of child abuse resulting in serious bodily injury and one felony count of malicious assault on Feb. 24.

According to the criminal complaint, West Virginia State Police officials responded to a call on Aug. 17, 2013, involving a 17-month-old female in cardiac arrest.

Police went to the residence and spoke to Rosier, who was the child’s guardian at the time of the incident, the complaint states.

Rosier reportedly told police he was giving the alleged victim a bath when another child began to cry. Rosier said he left the alleged victim in the tub “for about three minutes” to tend to the other child, and returned to find the alleged victim was “face down in the water with her head under the faucet,” the police report reads.

According to the report, the mother told police that as soon as she received the phone call she ran home from five blocks away where she worked. The report states she “said she called 911 while she was coming through the alley and talking to them as she came through the door.” The mother reportedly told police that, other than day care, the alleged victim had not been in anyone else’s care for two days.

According to the complaint, the child was transported to West Virginia University Hospitals, where it was discovered she had multiple injuries that “include but are not limited to multiple skull fractures, retinal hemorrhaging in both eyes, multiple bruises on the body and face, and a fracture to the left humorous bone that was already in the healing stages.”

According to the police report, after meeting with a representative of Child Protective Services and a team of doctors at WVU who treated the alleged victim, police were told “the injuries to the head and eyes were not accidental and had occurred within 24-48 hours.”

The report states the doctors said there were “several bruises and a broken arm that were consistent with abuse” and that the broken arm was “approximately 10-14 days old.”

Rosier’s pre-trial conference is set for Oct. 22, with jury selection Nov. 5 and a two-day trial starting Nov. 17.