County Magistrates Weigh in On Felony, Misdemeanor Cases
Staff ReportAcross the state, court dockets are full, prisons and regional jails are at capacity and authorities are searching for solutions to alleviate the problem. Some magistrate and circuit courts are reporting an increasing number of felony arrests throughout the area. These arrests often lead to convictions, and in turn, clog up the prison system and drain valuable resources.
The Division of Corrections currently has more than 6,000 state-sentenced inmates assigned to its care and only 5,000 beds in correctional facilities statewide. The remaining 1,100 inmates are housed in the state's regional jail system awaiting bed space in a correctional facility.
Randolph County
Randolph County Prosecuting Attorney Frank Bush believes the crime rate has been consistent over the past three years. On the other hand, Magistrate Michelle Good said she is seeing an increase in felony offenses coming before the bench. Both do agree that a majority of the crimes are drug related.
Bush, who took office in January 2006, said the increase in felonies being presented to magistrates may be due in part to law enforcement officers increasing the number of charges issued in their criminal complaints. He noted that the number of cases presented in magistrate court also do not take into consideration direct indictments and defendants who pleaded guilty to an information charging them with a felony without an indictment.
During 2008, the Randolph County grand jury met three times and returned indictments charging 54 individuals with a total of 117 felonies. Of those, more than 20 percent of cases directly involved drug charges, while an undetermined amount of crimes can be linked to drugs.
"I don't think there is a drastic increase in the crime in the area," Bush said. "I think it's pretty steady. Looking at the numbers, we probably have the same amount - about 150 cases - going through circuit court. I think it's pretty steady. I do think we made some headway with the drug problem, but I still think drugs are the major emphasis behind most cases. It's a component in a majority of the cases."
Bush said another "serious issue" is domestic violence. He said most of those cases don't typically rise to the level of felony until a third offense is committed, so they are typically magistrate court cases.
"I see major issues and problems with domestic violence," Bush said. "I believe it can be attributed to the economy. I think it's pretty well established that people who find themselves in desperate situations, do desperate things. It wears on the person and their family. It causes some people to abuse alcohol and drugs and that just leads to more problems. It's definitely attributed to economic circumstance. There is a segment of our culture or society that uses that as an excuse to misbehave."
Bush said the community corrections program is a viable way to handle non-violent offenders who have substance abuse problems. He said the program helps the county save money on incarceration fees and works to reduce recidivism.
"There are a certain number of people who say we are not tough enough on crime," Bush said. "But somebody is getting prosecuted. Somebody is going to jail. We have no more room. How many more people can we prosecute? We are beyond capacity. There are people sitting in the regional jails waiting to go to prison because the prisons are packed."
Good said the amount of citations presented in magistrate court in 2008 show an increase in felonies, but misdemeanors have stayed consistent. She said a large number of domestic violence cases have been presented recently.
"Our misdemeanors are pretty close to what we had last year and the year before. And actually over the last several years, they are down a little bit," Good said. "However, our felonies are substantially up for the year. We are almost double what we finished last year at."
Good said the majority of cases she sees are drug related.
"Without looking (at each specific case) I couldn't say for sure, but I would pretty much bet they are either drug charges or drug related charges, where there has been a breaking and entering or a burglary and the intent of the defendant was to obtain money or goods that could be traded for drugs. That's what I have seen, especially this year and last year I would say are the two years where there has been a noticeable increase."
Lewis County
Lewis County Magistrate Dan Moody recalled hearing the case of a woman facing a misdemeanor charge after being caught with less than 15 grams of marijuana. The woman was scared of being sent to prison as she stood before the magistrate.
"I had to chuckle," Moody said. "I told her that we have a lot more serious problems than this."
According to Lewis County Magistrate Court statistics, in 2006 magistrates have heard 1,018 misdemeanor cases and 88 felony cases; in 2007 they heard 1,031 misdemeanor and 77 felony cases; and as of Nov. 14, the magistrates have heard 920 misdemeanor and 86 felony cases.
Moody said he is seeing more and more cases involving the abuse of prescription medication, particularly pain medication. He said "grandma and grandpa are becoming the biggest drug dealers in the county."
"The kids are going to the medicine cabinets and getting their pills," he said. "These pills are so available. I can cry to a doctor that I have back pain, and then I get the pills I need to get high or they sell them. Some of these people are doctor shopping."
The 31-year magistrate said the majority of the crimes are drug-related, adding that people are breaking into homes to steal drugs, stealing items they can trade for or get money to buy drugs and even killing one another over drug disputes.
"We're getting them in here, and they want help," he said. "Of course, everyone wants help when they are going to jail. But it's easier to get them the help they need to quit smoking cigarettes than it is to get help to get them off drugs and alcohol."
Though he did not have specific details, he said it seems the case load has been increasing.
"The whole criminal case load has been high this year," Lewis County Magistrate Assistant Beth Cross said. "I issued 26 misdemeanors Thursday afternoon."
Barbour County
Barbour Magistrates Kathi McBee and Tina Mouser have handled 72 felonies and 623 misdemeanors in 2008. They said the numbers are comparable to years past, and both said they believe crime has maintained a steady rate over the past five years.
"The one thing that we've noticed in the past few months seems to be an increased number of people who are driving suspended for unpaid citations," Mouser said. "For whatever reason, people are not paying their fines and court costs and are getting their licenses suspended. It is a never ending circle, they don't have the money to pay the fines, so they lose their license, then they can't work because they can't drive, or they drive anyway and get caught again and have more fines to pay and get suspended for a longer period of time.
"There also seems to be an increased number of domestic violence related offenses," McBee said. "I don't know if it's the economy or just the time of year."
Tucker County
Tucker County Magistrate Carol Irons says the county is just about average in terms of criminal activity as of Nov. 12.
"We're running about the same as the previous year," Irons said.
Tucker County Magistrates heard 329 misdemeanor and 38 felony cases in 2006; in 2007 they heard 302 misdemeanor and 30 felony cases; and as of Nov. 12, they have heard 223 misdemeanor and 35 felony cases.
An increase of check, loan and other bank/money related crimes was noted by the magistrate. Irons thinks that these types of crimes will continue to increase due to the economic problems as more loan defaults may be ahead, according to Irons.
"People just aren't going to be able to pay," she says.
Theft is another area in which Irons expects to see an increase. People trying to "make a quick" buck as they struggle to make ends meet. Irons says that there is the possibility for "a lot of theft" in the county. On all accounts, Irons cites the economy as the reason people will be drawn to commit these crimes.
The majority of people who appear before the magistrate committed misdemeanors.
Pocahontas County
According to Pocahontas County Officials, it is not that there has been a decrease in crime in the county, but instead a fewer number of arrests.
"It's difficult to say, but probably fewer arrests because there wasn't a full compliment of deputy positions in the Sheriff's Department," Prosecuting Attorney Walt Weiford said.
Weiford indicated his office has seen an increase in drug and alcohol related cases as well as property crimes.
Pocahontas County Magistrate Court statistics show there were 460 cases heard from January to November 2008.
In 2006, Pocahontas Magistrates heard 559 misdemeanor and 65 felony cases; in 2007 they heard 611 misdemeanor and 77 felony cases; and so far in 2008 they have heard 409 misdemeanor and 60 felony cases.
Magistrate Kathy Beverage said she had seen a decline in cases in 2008 and attributed it to fewer arrests.
Beverage said the cases she sees most often are domestic battery, DUI and breaking and entering.
Upshur County
In 2007, the Upshur County Sheriff's Department reported 580 misdemeanor arrests compared to 346 for 2008 through the end of October. The county reported 181 felony arrests in 2007 compared to 171 so far in 2008, according to Sheriff Virgil Miller.
Misdemeanor crimes that are currently down in 2008 include destruction of property, a decrease of 27 to 19; domestic battery, from 29 to 20; obstructing, down from 20 to zero; possession of marijuana, from 33 to 29; public intoxication, from 17 to two; unlawful consumption, from 91 to 38; and worthless checks, down from 170 to 86. The only area of increase was battery, up from 14 to 17.
The county also reported a decrease in felony crimes. Those include breaking and entering, down from 11 to three; burglary, from 14 to eight; conspiracy, from 34 to six; embezzlement, from 11 to four; forgery and uttering, from 27 to 11; grand larceny, from 28 to eight; and manufacturing a controlled substance, down from five to two, according to Miller.
Buckhannon police reported a slight rise in misdemeanor crime from 2007 to 2008 and a decrease in felony crimes during the same period, according to Lt. Keith Rowan. In 2007, there were 344 misdemeanor arrests compared to 399 so far in 2008. Felony arrests in 2007 numbered 66 compared to 64 so far in 2008.
Misdemeanor crimes showed an increase in the following areas: possession of marijuana, up from 10 to 12; intoxication, from 37 to 41; petit larceny, from 19 to 30; and trespassing, up from 10 to 13. Misdemeanor crimes that show a decrease are: shoplifting, down from 28 to 23; battery, from 44 to 41; assaults, from nine to eight; and unlawful consumption, down from 71 to 66.
The city reported a decrease in most felony crimes in 2008 compared to numbers in 2007. Those felonies that showed a decrease included: breaking and entering, down from nine to six; felony DUI, from two to one; forgery, from seven to three; and conspiracy down from six to two. Those felony crimes that showed an increase included sexual assault with six in 2008 compared to zero in 2007. There were four felony drug charges in 2007 compared to 16 in 2008, and grand larceny cases remained the same, with four for both 2007 and 2008.
"We currently have several grants in place for law enforcement in the city," Rowan said. "These grants help us with increased patrols and also DUI checkpoints."
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Publius
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11-16-08 1:31 PM
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Thank you for your comment, Sheila. It's a G-D shame that hypocrisy and double-standards [the "do-as-I-say-not-as-I-do" mentality] are so rampant among people who profess to be "Christian" and Republican [Democrats are complicit in this too, truth be told]. IMHO, Ron Paul was the only REAL hope for the GOP (AND America) but we see how the Establishment dissed him. I'd like to be a good, true Christian and love my enemies but the Bush/Cheney/Falwell/Robertson/Hannity types make it especially difficult. I'll take a break, act on your prayer, and re-read Psalm 37.... AMEN! About white racist hate-mongers bringing about Drug Prohibition; I'm NOT making it up. Historical FACT triple w-dot-druglibrary-dot-org-slash-schaffer-slash-index-dot-h_t_m_l (remove underscores) CLICK "Basic Facts About the War on Drugs"
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FR33LOV3
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11-16-08 11:40 AM
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My main focus in this may be bit of a personal experience; but what better would this comment box be used for? This letter aggravates me beyond no end. I have someone very special to me in the system due to a drug charge from 2004. He served jail time for almost two years and sober from drugs since the first time he was locked up. In 2008 he violated probation by drinking. Needless to say he was put back in. Served another six months until he went against parole board who denied him and gave him six more months. Why? Because of his original drug sentence even when he has been absolutely clean of drugs for almost five years with no desire or intention to do them ever again. Could they not have let him out on parole and have him go to AA meetings? There is no reason for him to be there for a year longer. Maybe if the parole board looked a little past the inmate or DOC number and more into the fact some are trying and changing for the better- there wouldn't be overcrowding.
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GRizzly56
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11-15-08 3:13 PM
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tucker county irons yeah iof the peron is not notified about and where they wrote the worthless check? and then pay almost $400.00 to another county for a$50.00 check there is no equal law in west virginia just = law?? and greed??people steal for machines??? pepole sell drugs for machines pepole write wort6hless checks for video lottery machines??
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GRizzly56
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11-15-08 3:07 PM
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bull chit randolph and other countys have anincrease in crime do to gambiling hey u know what plea barging and then jails will emty out getn rid of the video lottery = highlife lounges and others crime will go down whom are you fooling???
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Publius
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11-15-08 1:18 PM
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stopthedrugwar-dot-org
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SheilaBennett
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11-15-08 1:14 PM
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Ouch,Publius, you're so bitter and resentful! Saying white Repulbicans schemed up drug prohibition to ensure addictions and convictions to keep non-whites controlled is ludicrous and juvenile, as people of all races crowd our jails and prisons. Yes, God has given us things that can be abused but we CHOOSE the use and abuse of them. As a white, Republican Catholic Christian, I will pray and ask the Holy Spirit to conform your spitefulness, paranoia and bigotry into love, joy and peace. My vote is for America to legalize drugs. It would cripple the drug cartels world-wide, free many governments from corruption and greed, and closer to home, empty out our jails and prisons. We'd have to build more re-hab centers but I'd rather my tax dollars cover the cost of sober recovery than provide health care and state of the art gyms for murderers, rapists and pedophiles. Peace be with you, Publius
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Publius
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11-15-08 12:53 PM
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IGNORE MYSTERIOUS INSERTIONS OF QUESTION MARKS IN TEXT BELOW (some weird glitch in system)
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Publius
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11-15-08 12:03 PM
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And, of course, NOWHERE in the Constitution does it grant the government the authority to prohibit "politically incorrect" drugs. At least the prohibitionists of alcohol had enough respect for our ONCE-Supreme Law of the Land to amend it. it is my most sincere hope that the Obama Administration will see fit to rescind the RACIST and VINDICTIVE drug polices that REPUBLICANS have championed for decades. I realize that may sound radical but, truth is, most Americans are oblivious to the fact the Drug Prohibition was brought about by WHITE SUPREMACIST bigots and hate-mongers hell-bent on criminalizing, disenfranchising, persecuting, and otherwise making life miserable for non-white citizens. PS, I voted for Bob Barr, a conservative who realized the hypocrisy of the GOP will never succeed--past 8 years prove that.
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Publius
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11-15-08 11:58 AM
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One fact that's as sure as "death and taxes" is that WARS COST MONEY. Big, big money. The War on Drugs is no exception. Grandstanding drug war hawks shill for ever harsher sentences for "drug" dealers and users as if the cost to incarcerate an inmate is ZERO. Not! Where is the benefit to society when a person caught selling a $50 rock of freebase cocaine is sent to prison for 5+ years at, say, $25,000 per year. That's $125,000+ wasted because another dealer fills the void immediately after every arrest.
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Publius
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11-15-08 11:57 AM
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DRUG WAR = RICHARD NIXON?'?S LASTI?NG LEGAC?Y "Tricky Dick" Nixon, the only US presi?dent to have ever been force?d to resig?n in DISGR?ACE or face CERTAIN impeachment/conviction yet his drug polic?y reign?s supre?me and his party? worsh?ips his Sacre?d Cow to this day as if it were the Gospe?l of Chris?t (?don'?t ever forge?t that all-to-many Republican?s are MAKE-?BELIE?VE Christians to boot!? After all, what would Jesus think of locking people in cages and warehouses and STEALING their property because of a plant that His Father put on the Earth? A question the "Christian Right" refuses to answer)
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Publius
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11-15-08 11:56 AM
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We need to keep reminding ourselves that the Contr?olled? Subst?ances? Act and War On Drugs? were the offsp?ring of Richard ("I") M ("not a crook"?)? Nixon? & Company [?note:? if he wasn'?t a crook? then why did he need a blanket pardo?n from his succe?ssor Geral?d Ford and why did nearl?y ALL of his inner? circl?e end up going? to priso?n??]? Even his very own Shafer Commission recommended marijuana policy reform but he disregarded its findings because Cannabis was popular with blacks, hippies, anti-war activists, Jewish psychiatrists and others this paranoid megalomaniac considered to be political enemies. So there? you have it, a small? group? of REAL CRIMI?NALS who contr?olled? the US Gov'?t makin?g criminals out of us "?littl?e peopl?e"? who just want to live our lives? in peace? and seek respi?te from pain or relax? from the drudg?ery of life with a NATUR?AL,? eco-?frien?dly HERB.?
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Publius
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11-15-08 11:55 AM
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Unless our lawmakers take an alternative approach they'll continue leading us on the path of the treadmill--while they stick us with the bill, as always. I you don' t like the idea of doing the same thing over and over without any productive or beneficial results I encourage you to write them. If you feel as do I, fell free to cut/paste/edit from the text that follows:
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Publius
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11-15-08 11:51 AM
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I suffice it to say that a great, great many domestic violence (and, of course, DWI) cases are alcohol related. Society tried banishing alcohol but it was such a boon for organized crime and disaster for social order that it was repealed. Prohibition seems almost quaint and nostalgic compared to today's War on Drugs. Still, at the time it was no laughing matter. You don't have to be a criminal justice policy expert to know that the most sensible solution to the problem of over-crowding in detention and correctional facilities is the repeal of Drug Prohibition or, at the very least, start by treating drug use as a public-health issue rather than criminal through humane harm-reduction practices. People steal for drugs because they are artificially overpriced in the black market. Meth-labs harmful to communities and the environment are set up for that very same reason and people want to eliminate the middleman.
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