Dailey man sentenced

ELKINS — A Randolph County man convicted of attempting to sexually assault a juvenile family member was sentenced to the state penitentiary Monday in Randolph County Circuit Court.

Charles LeRoy Scott Jr., 44, of Dailey, was sentenced to one to three years in prison.

Scott pleaded guilty to one felony count of attempted sexual abuse in the first degree, as part of a plea agreement, during a Jan. 3 hearing.

The prosecution dismissed one felony count of sexual assault in the second degree, two felony counts of sexual abuse by a parent, guardian, custodian or person in a position of trust to a child, one felony count of incest, two felony counts of sexual abuse in the first degree and one felony count of use of obscene matter with intent to seduce a minor.

Additionally, Scott must register as a sexual offender for the remainder of his life.

Randolph County Prosecuting Attorney Michael Parker represented the state while Scott appeared with Brent Easton as defense counsel. Circuit Judge David Wilmoth presided.

According to a criminal complaint filed in Randolph County Magistrate Court, on Jan. 8, 2016, Deputy M.P. Dyer, of the Randolph County Sheriff’s Office, attended a forensic interview involving the 14-year-old victim at the Randolph/Tucker Child Advocacy Center.

During the interview, the victim said on Nov. 30, 2015, she had been taken to Scott’s residence to spend the night, the complaint states. During the stay, the victim said Scott repeatedly attempted to, and did, inappropriately touch her.

Also in Randolph County Circuit Court Monday:

• Joshua Ray Boyd, 26, of Elkins, was sentenced to one to 10 years in the state penitentiary.

Boyd pleaded to an information charging him with one felony count of breaking and entering, as part of a plea agreement, during a July 9 hearing. He waived formal indictment at that time.

The prosecution dismissed one felony count of escape from custody.

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

• Peter Siegfried Doring, 54, of Valley Bend, was sentenced to one to five years in the state penitentiary. He was permitted to self-report to Tygart Valley Regional Jail but must do so by 9 a.m. Friday.

Doring pleaded guilty to one felony count of possession with intent to deliver a controlled substance, as part of the plea agreement, during a July 11 hearing. He also forfeited $46,748.62 as well as any interest he had in eight firearms seized in the arrest.

The prosecution dismissed one felony count of delivery of a controlled substance and one felony count of conspiracy. They also agreed to leave sentencing to the discretion of the court.

An additional $68,851.62 that was seized will be disposed of at the discretion of the Randolph County Circuit Court following litigation of issues during a civil forfeiture proceeding previously filed by the state.

Parker represented the state while Doring appeared with Scott Curnutte as defense counsel. Wilmoth presided.

• Ricky Allen Fortney, 33, of Elkins, was sentenced to three years in the state penitentiary. After the completion of the first year, the remaining two years will be suspended for five years of supervised probation.

He is also prohibited from having internet access, social media accounts, having any direct or indirect contact with the victim or her family and having any contact with any minor except his immediate family.

Following the five years of supervised probation, he will be placed on 10 years of intensive sexual offender supervision. He must also register as a sexual offender for the remainder of his life.

Fortney pleaded guilty to one felony count of distribution and display to a minor of obscene material, as part of a plea agreement, during a Feb. 6 hearing.

The prosecution agreed not to prosecute Fortney on any additional charges based off disclosures from another juvenile.

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

• Joseph Allen Simmons II, 24, of Mount Clare, was sentenced to one to five years in the state penitentiary. The sentence was suspended for five years of supervised probation.

Simmons must check in with Tucker County Community Corrections, have no unsupervised contact with the victim and have no minors in his vehicle.

He pleaded guilty to one felony count of child neglect creating substantial risk of injury or death, as part of a plea agreement, during a July 18 hearing.

The prosecution dismissed one misdemeanor count of unrestrained child in vehicle and one separate and unrelated misdemeanor count of driving under the influence.

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

• Christopher Daniel Bennett, 32, of Belington, was sentenced to one to five years in the state penitentiary. The sentence was suspended for five years of supervised probation. He must also complete the Harrison County Community Corrections program.

Bennett pleaded guilty to one felony count of possession with intent to deliver a controlled substance, as part of a plea agreement, during an April 27 hearing.

The prosecution dismissed one felony count of possession with intent to deliver a controlled substance and one misdemeanor count of driving while license suspended, second offense.

Parker represented the state while Bennett appeared with Greg Tingler and Timothy Prentice as defense counsel. Wilmoth presided.

• Christopher Michael Bell, 28, of Elkins, pleaded guilty to an information charging him with one felony count of possession with intent to distribute a controlled substance — methamphetamine, as part of a plea agreement. He waived indictment at that time.

The prosecution dismissed one felony count of possession of a controlled substance with intent to deliver, agreed not to pursue additional charges regarding this investigation and reserved the right to make a sentencing recommendation during a sentencing hearing, slated for 9 a.m. on Dec. 4.

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

• Steven Lewis Snead, 67, of Valley Bend, pleaded guilty to two misdemeanor counts of possession of a controlled substance – marijuana, as part of an Alford plea agreement. The charges are lesser included offenses of the original charges of one felony count of delivery of a controlled substance and one felony count of possession with intent to deliver a controlled substance.

The prosecution dismissed one felony count of conspiracy and agreed to leave sentencing to the discretion of the court. A sentencing hearing is slated for 9 a.m. on Dec. 4.

An Alford plea means Snead accepts the penalty of the alleged crime, but does not admit to committing the act.

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

• A capias warrant was issued for Andrea Cale, 35, of Elkins, after she failed to appear for a probation violation hearing.

Parker represented the state while James E. Hawkins Jr. appeared on Cale’s behalf. Wilmoth presided.

• A capias warrant was issued for Scott Jackson Hamrick, 37, of Beverly, after he failed to appear for a bond revocation hearing.

Hamrick is charged with one felony count of possession with intent to deliver a controlled substance.

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

• A capias warrant was issued for Justin Ryan Barker, 26, of Charleston, after he failed to appear for a probation revocation hearing.

Barker was sentenced to five years of supervised probation during a July 24 hearing.

He 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.

• A capias warrant was issued for Karen Sue Boyles, 46, of Morgantown, after she failed to appear for a probation revocation hearing.

Boyles was sentenced to five years of supervised probation during a Feb. 6 hearing.

She pleaded guilty to one felony count of conspiracy, as part of a plea agreement on Nov. 7.

The state 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.

Parker represented the state while Easton appeared on Boyles’ behalf. Wilmoth presided.

• A capias warrant was issued for Mickey Edward Smith, 46, of Elkins, after he failed to appear for a probation violation hearing.

Smith was sentenced to five years of supervised probation during an Oct. 17 hearing.

He pleaded guilty to one felony count of breaking and entering, as part of a plea agreement on Aug. 25, 2016.

The state agreed to dismiss one felony count of conspiracy, one felony count of destruction of property and one misdemeanor count of petit larceny.

Parker represented the state, while Tingler appeared on Smith’s behalf. Wilmoth presided.

• A capias warrant was issued for Christian Matthew Lloyd, 25, of Elkins, after he failed to appear for a probation violation hearing.

Lloyd was sentenced to two years of supervised probation on April 27 after successfully completing the program at the Anthony Correctional Center in White Sulphur Springs.

He was sentenced to the Anthony Center in December 2015 after being convicted on a felony third-offense shoplifting charge.

Parker represented the state while Jeremy Cooper appeared on Lloyd’s behalf. Wilmoth presided.

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