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Upshur man pleads guilty to sexual assault against a juvenile relative

October 18, 2013
By Melissa Toothman - Staff Writer , The Inter-Mountain

A Buckhannon man who admitted to sexually assaulting his daughter pleaded guilty to two felony counts of third-degree sexual assault Thursday in Barbour County Circuit Court.

Shawn Steven Ware, 35, was originally indicted in February on one felony count of incest, one felony count of sexual abuse by a parent or guardian and one felony count of sexual abuse in the first degree.

According to the terms of his plea agreement, the three felony charges were dismissed, and in exchange, Ware pleaded guilty to two felony counts of third-degree sexual assault contained in an information filed by Barbour County Prosecuting Attorney Leckta

Poling.

In order to enter his guilty plea and skip to sentencing, Ware agreed to waive his right to a presentence investigation.

Circuit Court Judge Alan D. Moats sentenced Ware to two consecutive terms of one to five years in a state penitentiary. His jail sentence will be followed by a 25-year probation period during which he will be supervised by a probation officer who specializes in sexual assault cases, Poling said. After he is released from jail, Ware will have three business days to register as a sex offender, a responsibility he will have to manage for the remainder of his life.

The reported victim in the case is a juvenile younger than 12 years of age.

In the courtroom, Ware said he "felt bad about" what he had done and that he just wanted to "get it over with."

Also in Barbour County Circuit Court Thursday:

- Moats ruled to release a Philippi man from home confinement who allegedly attacked a Barbour County Sheriff's Department police cruiser with a tractor in 2007.

However, Barbour County Community Corrections Director Matt Bennett still will monitor the now 73-year-old Jack Marsh by periodically checking in with him. Marsh was previously deemed incompetent to stand trial on charges of attempted malicious assault,

Poling said.

- Moats placed Patty Jones, of Belington, on six months of probation. In 2010, Jones was charged with three felony counts of malicious wounding. Moats also ordered her to pay a $15,000 restitution to the victim who Jones allegedly struck with her car.

After the six months of probation expires, Moats may revisit the case to determine if additional probation is needed prior to officially releasing Jones.

- Timothy White, 29, of Volga, also was placed on six months of probation that resulted from him pleading guilty to battery in a February 2011 case.

- Scott Allen White, 50, of Belington, pleaded guilty to one felony count of delivery of a controlled substance.

White was originally indicted in May on four felony counts of the same charge; however, Moats dismissed the other three charges with prejudice, meaning they cannot be brought up in court again, and sentenced him to one to 15 years in a state penitentiary.

- Ian Marteny of Philippi appeared in Circuit Court for a reconsideration of his sentence on two felony charges dating back to 2011. Marteny was originally sentenced to one to 15 years in prison on a burglary charge and one to 10 years on a forgery charge after pleading guilty.

Moats ruled that Marteny be placed on the Barbour County Community Corrections program and that he live with his mother in Arden.

Contact Melissa Toothman by email at mtoothman@theintermountain.com.

 
 

 

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