Simmons

ELKINS — A Randolph County man who was charged with fraudulent schemes and is facing a lawsuit from the State Attorney General’s Office entered a plea in Randolph County Circuit Court this week.

Charles Blaine Simmons, 54, pleaded guilty to two misdemeanor counts of fraudulent schemes.

The plea agreement was accepted by Randolph County Circuit Court Judge Jaymie Godwin Wilfong. Simmons was represented by attorney Morris Davis.

As part of the plea agreement, Simmons will have to pay restitution to the victims as though he had been convicted on all counts of his initial indictment.

Mitchell was initially indicted by a Randolph County Grand Jury in October on five counts of felony fraudulent schemes.

According to the four Randolph County criminal complaints filed last year by Deputy B.M. Roy with the Randolph County Sheriff’s Office, on Oct. 1, 2025, Roy was contacted by the Randolph County Prosecutor’s Office in reference to an investigation that was conducted by the State Attorney General’s Office.

Roy was asked to complete criminal complaints in reference to the findings of the Attorney General’s Office.

The complaints state that, on four separate occasions from July 25, 2024 until May 1, 2024, Simmons was hired and paid to do home improvement contracting work, including ordering and installing furnaces, concrete work and drain repair, for four individuals.

Each person claimed they paid Simmons to do the work, yet he failed to return and finish the work and failed to refund any of the money given to him, the complaints state. In total, Simmons was paid approximately $7,493 by the four individuals.

According to one of the criminal complaints, Simmons does not have a contractor’s license, a plumbing license or an electrician’s license.

When asked by Wilfong on Monday as to why he was guilty of the two charges, Simmons responded that he took the money from the victims, but “got caught up in other jobs,” and that was why he did not complete the promised work or return the money.

“I got behind on other jobs,” Simmons told the court on Monday. “Got in over my head.”

Simmons also told the court that he had ordered a furnace online for one of the jobs, but the Colorado-based company he ordered it from had “gone bankrupt” and the furnace never arrived, nor did he get the money back.

A restitution hearing and a sentencing hearing for Simmons have both been scheduled for March 11.

Simmons is also being sued by the State Attorney General’s Office for allegedly engaging in home improvement contracting services without the required contractor’s license, and for violating numerous provisions of the West Virginia Consumer Credit and Protection Act since 2006.

According to the lawsuit, six people have reported that they paid Simmons amounts totaling $47,334.46 for work that was “substandard,” for projects that were “abandoned before completion,” or for work that Simmons “never returned to begin after receiving payment.” The lawsuit also states that at least six consumers have obtained judgments in Randolph County Magistrate Court against Simmons, which totaled $16,353.04.

“Simmons has not responded to any complaints filed by the Attorney General, has not responded to any efforts by the Attorney General to secure his voluntary compliance with the WVCCPA and did not contest any of the magistrate court lawsuits,” the lawsuit states. “Upon information and belief, Simmons is continuing to engage in home improvement contracting activities without the required license and engaging in over violations of the WVCCPA, which necessitated the filing of this enforcement action.”

The civil complaint against Simmons lays out six instances where formal complaints about Simmons’ work, or lack thereof, were filed with the Attorney General’s Office. In all instances listed by the lawsuit, work was reportedly not started or not finished, and Simmons allegedly refused to refund any of the money.

Six civil judgements against Simmons are also laid out in the lawsuit. The Randolph County Magistrate Court appeared to side with every one of Simmon’s accusers, awarding them the money they had paid Simmons, along with costs and statutory interest.

In the lawsuit, the state asks the courts to find that Simmons repeatedly and willfully violated the WVCCPA and to assess a civil penalty of up to $5,000 against Simmons for “each such violation.”

The state also asked the courts to make a judgement against Simmons in the amount of $47,334.46 as restitution “for the known aggrieved consumer complaints,” as well as any other additional amount the court determines is appropriate as restitution for Simmons’ consumers. In addition to those fees, the state asked that the courts order Simmons to satisfy all judgments entered against him in Randolph County Magistrate Court.