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Couple plead not guilty in death case

Belington residents charged with giving baby methadone

October 31, 2013
The Inter-Mountain

By Melissa Toothman

Staff Writer

PHILIPPI - A Belington couple accused of feeding their 23-month-old child methadone - the substance that allegedly caused the infant's death - pleaded not guilty to felony charges Wednesday in Barbour County Circuit Court.

The toddler allegedly passed away after an overdose of methadone on March 13. David Lee DeLauder, 38, and Ida Lee Evans, 31, both of Belington, are each charged with one felony count of the death of a child by a parent, guardian or custodian by child abuse and one felony count of conspiracy.

DeLauder has posted his $25,000 bond, but Evans has been unable to post her $100,000 bond and remains incarcerated in the Tygart Valley Regional Jail.

The two appeared before Barbour County Circuit Court Judge Alan Moats Thursday during arraignment hearings following Monday's indictments.

A toxicology report on March 19, following the toddler's death, revealed that methadone, a Schedule II controlled substance, was present in the child's system and could have been the cause of her death, according to the criminal complaint on file at the Barbour County Magistrate Clerk's office.

In addition to DeLauder and Evans, the following individuals also were arraigned Wednesday:

- Charles Joseph Marsh, 34, of Philippi, pleaded not guilty to one felony count of second-degree murder. His charge results from allegedly killing Gregory E. Durst, who died from injuries he suffered after an alleged bar fight with Marsh on Oct. 13, 2012, at a tavern in Barbour County. Durst died 10 days after the fight. Marsh has already posted his $150,000 bond, and Moats allowed him to remain free on bond.

- Randall Jackson Coontz, 31, of Belington, pleaded not guilty to one felony count of operating or attempting to operate a clandestine drug lab and one felony count of possession of substances to be used as a precursor to manufacture methamphetamine.

During his arraignment, Randall Coontz told Moats that he had stolen drugs from his parents and would test positive for methadone and marijuana if screened Wednesday. His mother, who was facing unrelated charges in court that day, contradicted her son's testimony by saying that her prescription methadone - which she said she obtained from a methadone clinic for back pain - was locked away in a box. She then named the person from whom Randall Coontz allegedly received his drugs. Her son then admitted that he received the drugs from the person his mother named - not via stealing them from his parents.

Moats advised him not to lie in court.

- Randall Coontz's mother, Susan Lee Coontz, 56, of Belington, pleaded not guilty to the felony charge of being a prohibited person in possession of a firearm. She was placed on Community Corrections supervision, and Moats set a $5,000 cash or surety bond.

- Charles David McCord, 22, of Flemington, pleaded not guilty to sexual assault in the third degree, a felony. Moats set a $5,000 surety bond for the defendant and ordered that he have no contact with children under 18 and no contact with the alleged victim. He was also placed under supervision with the county probation department.

- Tanya Lynn Bowers, 32, of Belington, pleaded not guilty to one felony count of operating or attempting to operate a clandestine drug lab, one felony count of the possession of substances to be used as a precursor to manufacture methamphetamine and two felony counts of conspiracy.

- Misty Dawn Edman, 26, of Belington, pleaded not guilty to two felony counts of conspiracy, one felony count of operating or attempting to operate a clandestine drub lab and one felony count of the possession of substances to be used as a precursor to manufacture methamphetamine. Moats set a $5,000 personal recognizance bond for her.

- Edman's co-defendant, Cody Aaron Phillips, 30, of Belington, pleaded not guilty to two felony counts of operating or attempting to operate a clandestine drug lab, two felony counts of conspiracy and two felony counts of possession of substances to be used as a precursor to manufacture methamphetamine.

- Stephen Joe Tacy, 39, of Belington, pleaded not guilty to one felony count of operating or attempting to operate a clandestine drub lab and one felony count of possession of substances to be used as a precursor to manufacture methamphetamine.

- Jennifer Ann Tutalo, 30, of Grafton, pleaded not guilty to two felony counts of conspiracy, one felony count of operating or attempting to operate a clandestine drub lab and one felony count of possession of substances to be used as a precursor to manufacture methamphetamine. Moats set a $1,000 personal recognizance bond and placed her under bond supervision and drug counseling in Taylor County.

- Timothy Lee Jamison Jr., 32, of Belington, pleaded not guilty to one felony count of cultivating marijuana.

- Coty Lee McCord, 21, of Philippi, pleaded not guilty to one felony count of burglary, one felony count of conspiracy and one misdemeanor count of petit larceny. Moats set a $5,000 surety bond.

- Walter William McCord, 39, of Moatsville, the co-defendant and father of Coty McCord, pleaded not guilty to one felony count of burglary, one felony count of conspiracy and one misdemeanor count of petit larceny. Moats set a $5,000 surety bond.

- Joshua Eric Nolen, 31, of Stephenville, Texas, who currently is staying in Wheeling, pleaded not guilty to one felony count of driving while under the influence of alcohol, a third offense and one misdemeanor count of driving while license revoked for driving under the influence of alcohol.

- Travis Wayne Poling, 32, of Tacy, pleaded not guilty to one felony count of driving while under the influence of alcohol, third offense, and one misdemeanor count of second-offense driving while license revoked for driving under the influence of alcohol. Barbour County Prosecuting Attorney Leckta Poling advised the court that she was not related to the defendant.

- Edgar Charles Ware, 63, of Belington, pleaded not guilty to three felony counts of failure to comply with a sex offender registry, third offense.

- Robert Dale Howell, 42, of Elkins, pleaded not guilty to one felony count of fraudulent schemes and one felony count of conspiracy. Moats set a $5,000 surety bond.

- Cyrena Raichelle Bennett, 49, of Roanoke, Va., was indicted on two felony counts of fraudulent schemes. She was ordered not to have any contact with the alleged victim. Moats set a $5,000 personal recognizance bond.

- Reese Daniel Heesh, 37, of Belington, did not show up for his arraignment after being indicted Monday on one felony count of the delivery of a controlled substance, one felony count of operating or attempting to operate a clandestine drug lab, and one felony count of possession of substances to be used as a precursor to manufacture methamphetamine. Leckta Poling said he may have fled the jurisdiction.

- William Nelson Howell, who was named in Monday's indictments as William Lee Howell, also did not show up for his arraignment. Moats did not take any action as a result. William Howell's age and address were not listed in the indictment. He faces one felony count of fraudulent schemes and one felony count of conspiracy. His co-defendant, Robert Dale Howell, advised the court of the mistake in Howell's name.

- Jonathon Keith Hunt, 58, of Belington, failed to appear in court after being indicted Monday on one felony count of failure to comply with the sex offender registry. Leckta Poling said that Hunt had been in the hospital. Moats rescheduled the arraignment for Nov. 20.

- In a case unrelated to Monday's indictments, Bradley Steven Starkey Jr., 33, of Reynoldsville, pleaded guilty to one felony count of failure to pay child support for a minor. After waiving his right to a pre-sentence investigation, Starkey was sentenced to one to three years in a state penitentiary followed by three years of probation in Harrison County.

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

 
 

 

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