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Man sentenced after entering plea to grand larceny

Jackson

ELKINS — A Randolph County man accepted a plea agreement and was sentenced to one to three years for attempting to sell a stolen side-by-side in March in Randolph County Circuit Court on Wednesday.

Dale Michael Jackson, Jr., 28, accepted a plea agreement to plead guilty to one count of attempting to commit grand larceny, a felony, and was sentenced to not less than one, no more than three years in prison, with credit for time, served by Randolph County Circuit Court Judge David Wilmoth.

Jackson was initially indicted by the grand jury on one count of grand larceny and one count of conspiracy, both felonies, in July.

Before Jackson signed the plea agreement, his attorney, James Hawkins, Jr., informed Wilmoth that Jackson wanted to be sentenced directly after. Hawkins added that they were not seeking alternative sentencing and were instead asking for Jackson to be sentenced to one to three years in the penitentiary.

When asked by Wilmoth as to why he wanted to be sentenced after signing the plea agreement, Jackson stated that he wanted to do the right thing and go on with his life.

“I know I did wrong,” Jackson told the court. “I just want to get done with this and continue with my life and do the right thing.”

Wilmoth then asked what Jackson did to make himself guilty of attempting to commit grand larceny. Jackson stated that he had attempted to sell a side-by-side that did not belong to him so he could buy tools for a contracting business he was starting.

Randolph County Assistant Prosecutor Colin Henning told the court that, on March 27, a woman told Corporal S.D. Kyle of the Randolph County Sheriff’s Office that she had received Facebook messages from Stanley Roy Watson, Jr., 38, “offering to sell a side-by-side to her for $500.” Watson allegedly indicated that the side-by-side was “hot.”

Kyle informed the woman to agree to meet Watson in Dailey and arranged for undercover law enforcement officers to be present at the meeting, Henning told the court.

“At the agreed upon time, co-defendants Jackson and Watson appeared with the stolen side-by-side and were then confronted by law enforcement officers,” Henning said. “Co-defendant Jackson initially claimed to have purchased the side-by-side, but then admitted to law enforcement officers that he and co-defendant Watson had removed the side-by-side from a property on Files Creek Road…”

A plea agreement hearing was also scheduled for Watson; however, Watson’s attorney, Timothy Prentice, informed the court that Watson wanted Wilmoth to recuse himself from the case due to possible “conflicts.” Prentice filed a motion to continue the plea hearing at a later date.

Wilmoth said he did not see a reason to recuse himself, but stated if Watson believed it was “inappropriate” for him to preside over the case, Watson could file a motion to the West Virginia Supreme Court of Appeals for consideration.

Watson was indicted in July by the grand jury on one count of grand larceny, and one count of conspiracy, both felonies.

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