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Man sentenced in assault case

ELKINS — A Randolph County man previously convicted of attempting to set his wife on fire was sentenced Monday in Randolph County Circuit Court.

Matthew William Heaster, 36, of Huttonsville was sentenced to one to five years in the state penitentiary on one felony count of unlawful assault. That sentence was ordered to run consecutively with a one-to-five-year sentence he is currently serving on an unrelated previous conviction for one felony count of conspiracy.

Heaster pleaded guilty to one felony count of unlawful assault, a lesser included offense of the original charge of one felony count of malicious assault, as part of a plea agreement, during a May 1 hearing.

The prosecution dismissed one felony count of arson in the fourth degree, one felony count of strangulation and two misdemeanor counts of domestic battery.

Randolph County Assistant Prosecuting Attorney Richard Shryock represented the state while Heaster appeared with Brian Bailey as defense counsel. Circuit Judge David Wilmoth presided.

According to a criminal complaint filed in Randolph County Magistrate Court, at approximately 4 a.m. Sept. 22, Randolph County 911 Communications received a call from the victim, who said her husband was attempting to light her on fire and was going to hit her. She then identified her husband as Heaster.

The woman said the incident was taking place at a residence on Gawthorpe Street in Huttonsville, prompting Deputies Z.T. Pingley and D.D. Pennington, both of the Randolph County Sheriff’s Office, to respond to that location.

Prior to officers arriving on scene, 911 received another call from the victim’s daughter. She said the victim had been “thrown from a wall” before being hit several times.

She added she had also been hit several times in the head before Heaster left the residence barefoot, according to the complaint.

Pingley checked the surrounding area but was unable to find Heaster. Once officers were inside the residence, they located the victim who was “on the ground and in pain,” grasping her arm, the complaint said.

Officers also noticed the daughter was comforting her and there was a hole in the wall that appeared to be the spot she had been thrown into. The victim told officers she believed her arm was broken, the complaint states.

Officers looked into the bedroom and noticed that a portion of the bed appeared to have been on fire. There was also still smoke present in the bedroom. Pingley also noticed part of the carpet and surrounding clothing had been on fire, according to the complaint.

At that time, the victim’s phone rang and was answered by her daughter. She told officers it was Heaster’s mother and she claimed he was at her residence, which is located less than 100 yards away.

The woman said Heaster was waiting for police. Officers “got eyes” on the residence because they “did not know if that meant to be a threat,” the complaint states.

Deputies waited until Cpl. J.R. Wince, of the West Virginia State Police, arrived to assist and Heaster was taken into custody. Heaster admitted to “physically assaulting” both the victim and her daughter.

He also admitted to smoking methamphetamine prior to the incident. Heaster then took officers to the light bulb he said he had smoked the methamphetamine through, which was taken into evidence, police said.

Pingley later went to Davis Medical Center, where the victim had been taken by Randolph County EMS. Hospital records confirmed that her arm had been broken.

Additionally, Pingley was able to take photographs of the victim’s pajama pants that appeared to be burnt on the back, the complaint states.

Also in Randolph County Circuit Court Monday:

• Domingo Ortiz Jr., 49, of Elkins, was sentenced to one to three years in the state penitentiary.

Ortiz pleaded guilty to an information charging him with one felony count of possession with intent to deliver a controlled substance, as part of a plea agreement, during a May 23 hearing. He waived indictment at that time.

The prosecution agreed not to seek any sort of sentencing enhancement.

Randolph County Prosecuting Attorney Michael Parker represented the state while Ortiz appeared with Bailey as defense counsel. Wilmoth presided.

• Mary Jane Brown, 58, of Belington, was sentenced to one year in jail on one felony count of financial exploitation of an elderly person or incapacitated adult. She was also sentenced to one to 10 years in the state penitentiary on one felony count of fraudulent schemes and one to 10 years in the state penitentiary on one felony count of Medicaid fraud.

The one year in jail was ordered to run first while the pair of one-to-10-year sentences were ordered to run consecutively with each another and consecutively with the one year in jail. The pair of one-to-10-year sentences were suspended for seven years supervised probation, following her release from the one year sentence, to allow her to begin paying restitution in the amount of $930,347.19.

Brown pleaded guilty to one felony count of fraudulent schemes, one felony count of financial exploitation of an elderly person or incapacitated adult and one felony count of Medicaid fraud, as part of a plea agreement, during a Nov. 15, 2015.

As part of the agreement, the state agreed to dismiss five felony counts of financial exploitation of an elderly person or incapacitated adult and one felony count of Medicaid fraud.

Charleston attorney Michael Malone represented the state while Brown appeared with Brent Easton as defense counsel. Wilmoth presided.

• Kacie Boyles, 22, of Morgantown, was sentenced to one to five years in the state penitentiary.

Boyles pleaded guilty to one felony count of conspiracy, as part of a plea agreement, during a May 23 hearing.

The prosecution dismissed one felony count of transportation of controlled substances onto the grounds of a correctional facility, one felony count of possession with intent to deliver a controlled substance, and one felony count of delivery of contraband to an inmate.

Shryock represented the state while Boyles appeared with Melissa Roman as defense counsel. Wilmoth presided.

• Brian Michael Barrick, 30, of Elkins, was sentenced to one to five years in the state penitentiary.

Barrick pleaded guilty to one felony count of possession with intent to deliver a controlled substance, as part of a plea agreement, during a May 23 hearing.

The prosecution agreed to stand silent during Monday’s sentencing hearing

Shryock represented the state while Barrick appeared with Easton as defense counsel. Wilmoth presided.

• Justin Ryan Barker, 26, of Charleston, was sentenced to one to 10 years in the state penitentiary to run consecutively with a sentence he is currently serving for a Jackson County conviction. The sentence was suspended for five years of supervised probation.

Additionally, once he is released from incarceration he is to be transported directly to Recovery Point, a rehabilitation facility in Bluefield, where he must successfully complete a drug rehabilitation program.

Barker pleaded guilty to one felony count of grand larceny, as part of a plea agreement, during an April 17 hearing.

The prosecution dismissed one felony count of possession of a stolen vehicle.

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

• Craig Allen Stimson, 38, of Buckhannon, was sentenced to one to five years in the state penitentiary on one felony count of unlawful wounding and one year in jail on one misdemeanor count of domestic battery.

The sentences were ordered to run consecutively with one another and were suspended for five years of supervised probation.

Additionally, Stimson must successfully complete treatment he is currently receiving at the VA Hospital in Clarksburg as well as enroll in PTSD in-patient long-term treatment and authorize monthly reports regarding his treatment to be release to the Randolph County Probation Office.

Stimson pleaded guilty to one felony count of unlawful wounding — a lesser included offense of the original charge of one felony count of malicious wounding — and one misdemeanor count of domestic battery, as part of a plea agreement, during a May 23 hearing.

The prosecution dismissed two felony counts of wanton endangerment involving a firearm and one misdemeanor count of domestic battery. They also agreed to stand silent during Monday’s sentencing hearing.

Shryock represented the state while Stimson appeared with Ryan Shreve as defense counsel. Wilmoth presided.

• Gary Dolton White, 21, of Elkins, was sentenced to not less than six months nor more than two years in the Anthony Correctional Center.

He must also pay restitution in an amount to be determined by the Randolph County Probation Office.

White pleaded guilty to one felony count of fraudulent use of an access device, as part of a plea agreement, during a May 1 hearing.

The prosecution dismissed one felony count of fraudulent use of an access device, one felony count of conspiracy and two misdemeanor counts of petit larceny.

Parker represented the state while White appeared with Easton as defense counsel. Wilmoth presided.

∫ Mercedes Nicole Isenhart, 21, of Beverly, pleaded guilty to an information charging her with two felony counts of fraudulent use of an access device. She waived formal indictment at that time.

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

The prosecution agreed not to pursue additional charges against her and will stand silent during a sentencing hearing, scheduled for 9 a.m. on Oct. 4.

Parker represented the state while Isenhart appeared with David Fuellhart as defense counsel. Wilmoth presided.

• A motion to modify bond for Michael Brooks Ketterman, 30, of Elkins, was denied.

Ketterman is charged with one felony count of malicious wounding. He remains incarcerated at Tygart Valley Regional Jail on a $50,000 cash, surety or property bond.

Parker represented the state while Ketterman appeared with Greg Tingler as defense counsel. Wilmoth presided.

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