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Casto takes plea deal in Randolph County sex case

ELKINS – An Upshur County man convicted of inappropriately touching a mentally challenged woman was sentenced to probation Monday after serving nearly two years in jail.

Benjamin Ira Thomas Casto, 23, of Buckhannon, was sentenced to one to five years in the state penitentiary, suspended for five years of supervised probation.

Additionally, Casto must register as a sexual offender for 10 years and attend sexual offender counseling classes.

Casto pleaded guilty to one felony count of first-degree sexual abuse, as part of a plea agreement, during a Feb. 8 hearing.

Prior to the sentence being handed down, the mother of the victim requested to be heard. She said Casto was staying with her family because of “family issues” that were taking place in his home.

“When this incident happened, it really tore our family up. It really has. He was staying with us because there was some family issues,” she said. “We had to listen to my daughter ask for days in and days out, days in and days out, ‘Why did bubby Ben do this to me? Why did bubby Ben do this to me?’ I had to deal with the fact that I was the one to walk in on it.

“My son has lost his best friend. So, it’s really tore our family up a lot and she still asks questions today. As to would he do it again? I don’t think he would because I think he does know he did wrong but we would just like to know why he done it because we bent over backwards to help this boy ” she continued. “I do believe counseling would help him, I really do, because, no matter what, I still love him. He’s been in my life for a long time. He just made a mistake.”

Casto then spoke on his own behalf. saying he was very sorry for his actions.

“Your honor, I just want to say that I’m very sorry for what I’ve done and to please take into consideration an alternative sentence,” Casto said. “I will seek help and become a better person. I’m very sorry.”

Per the plea agreement, the state stood silent during the sentencing hearing.

While he was handing down the sentence of probation, Circuit Judge David Wilmoth noted the 21 months Casto has served would make him close to being eligible for discharge, and stated he appeared to accept responsibility for his actions, according to Department of Corrections officials who performed a sexual offender evaluation on him.

Randolph County Assistant Prosecuting Attorney Richard Shryock represented the state while Casto appeared with Brent Easton as defense counsel. Wilmoth presided.

According to a complaint filed in Randolph County Magistrate Court by Cpl. K.A. Corley of the West Virginia State Police, the mother of the victim reported to him that her daughter had been sexually assaulted by Casto on Dec. 31, 2014.

The woman said her 21-year-old daughter is “mentally challenge (sic) and functions at an 8 to 10-year-old capacity,” the complaint states. She said the victim sleeps on a day bed in the living room area of the residence.

The victim’s mother said at the time of the incident she “heard a noise and went into the living room area to check on the victim,” and when she arrived she “witnessed (Casto) getting up off of the victim,” according to the complaint.

On Jan. 7, 2015, Corley interviewed Casto, who said he “had been drinking that evening and went into the living room and noticed the victim didn’t have any clothes on,” according to the complaint. Casto also reportedly told police he “became aroused” and proceeded to touch the victim’s genitals but “he never had sexual intercourse with the victim.”

Casto said he was staying at the residence where the incident occurred, the complaint states.

Also in Randolph County Circuit Court Monday:

Nathan Andrew Keeling, 38, of Elkins, was sentenced to one to five years in the state penitentiary on each of two felony counts of delivery of a controlled substance. The sentences were ordered to run consecutively for a total of two to 10 years.

The first one- to-five-year sentence will be suspended after 60 days in jail. The remainder of the first year of that sentence will then be served on home confinement with electronic monitoring.

If successful through the first year of incarceration and home confinement, the second one-to-five-year sentence will be suspended for five years of supervised probation.

Additionally, Keeling will be required to pay restitution to the West Virginia State Police Crime Laboratory in the amount of $1,995.

Keeling was granted the opportunity to self-report to Tygart Valley Regional Jail by 5 p.m. Wednesday, to allow him to “get his affairs in order.”

Randolph County Prosecuting Attorney Michael Parker represented the state while Keeling appeared with Christopher Cooper as defense counsel. Wilmoth presided.

Jackie Goldsmith, 51, of Elkins, was sentenced to 12 months in jail after pleading guilty to one misdemeanor count of petit larceny, as part of a plea agreement.

The state agreed to dismiss one felony count of breaking and entering and one misdemeanor count of destruction of property.

Additionally, Goldsmith will be required to pay restitution in an amount to be determined by the Randolph County Probation Office.

Parker represented the state while Goldsmith appeared with William Tyler “Ty” Nestor as defense counsel. Wilmoth presided.

Brandi Lea Rohr, 31, of Elkins, pleaded guilty to one felony count of possession of a controlled substance by inmate of a jail, as part of a plea agreement.

The state agreed to dismiss two felony counts of transportation of controlled substances onto the grounds of a correctional facility, one felony count of possession of controlled substance by inmate of a jail and one felony count of conspiracy. The state also agreed to stand silent during the sentencing hearing, which is slated for 10:30 a.m. on Nov. 7.

Additionally, Rohr agreed to cooperate with the state regarding their investigation into this case and the co-defendant.

Rohr also had her bond modified to $10,000 personal recognizance with the condition that she reside with her grandmother on 11th Street in Elkins and check in daily with North Central Community Corrections.

Parker represented the state while Rohr appeared with Kourtney Ryan as defense counsel. Wilmoth presided.

Eric Michael Cool, 28, of Elkins, pleaded guilty to an information charging him with one felony count of attempted burglary, as part of a plea agreement. He waived formal indictment.

The state agreed to dismiss one felony count of burglary, one misdemeanor count of battery and one misdemeanor count of destruction of property. The state also agreed not to pursue failure to appear charges stemming from hearings in which Cool did not appear. The will also leave sentencing to the discretion of the court during a sentencing hearing that is slated for 9 a.m. on Nov. 28.

Additionally, Cool will be required to pay restitution in an amount to be determined by the Randolph County Probation Office.

Parker represented the state while Cool appeared with James E. Hawkins Jr. as defense counsel. Wilmoth presided.

Larry Manuel Defrietas, 44, of Parkersburg, pleaded guilty to one felony count of driving while license revoked for DUI, third offense, as part of a plea agreement.

The state agreed to dismiss one felony count of fleeing in a vehicle resulting in bodily injury to a person, one felony count of fleeing in a vehicle with reckless disregard, one misdemeanor count of no registration and one misdemeanor count of no proof of insurance.

Additionally, the state agreed to recommend the one-to-three-year sentence runs concurrently with a sentence he is currently serving out of Wood County.

A sentencing hearing is scheduled for 10:30 a.m. on Oct. 17.

Shryock represented the state while Defrietas appeared with Steve Nanners as defense counsel. Wilmoth presided.

Lisa Marie Lloyd, 37, of Mill Creek, had her bond modified from $10,000 cash or surety and $5,000 personal recognizance to $10,000 personal recognizance.

Lloyd is charged with one felony count of third-offense shoplifting and one misdemeanor count of trespassing.

A condition of her bond is that she check in daily with North Central Community Corrections.

Parker represented the state while Lloyd appeared with Cooper as defense counsel. Wilmoth presided.

A motion for bond modification was denied for Tajia Jean Watson, 26, of Elkins.

Watson is charged with one felony count of possession with intent to deliver – marijuana. She remains housed at TVRJ on a $50,000 cash or surety bond.

Parker represented the state while Watson appeared with Brian Bailey as defense counsel. Wilmoth presided.

A capias was issued for Joshua Darrell-Ray Smith, 21, of Elkins.

Smith is charged with one felony count of destruction of property, one misdemeanor count of destruction of property and one misdemeanor count of failure to appear.

Shryock represented the state while Cooper appeared on Smith’s behalf. Wilmoth presided. Smith did not appear for the hearing.

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