Hayes

ELKINS – A Marion County man accused of giving an Elkins contractor a nearly $12,000 worthless check entered into a plea agreement in Randolph County Circuit Court Monday.

Kenny Lee Hayes, 48, of Mannington, pleaded guilty to one count of obtaining services, goods, or property in return for a worthless check, a felony. As part of the plea agreement, if Hayes’ request for a deferred adjudication is denied, the state will make a recommendation during sentencing.

According to West Virginia State Code, deferred adjudication means the court defers from accepting the defendant’s guilty plea and defers on entering a final judgement, releasing the defendant “upon such terms and conditions as the court deems just and necessary.”

In October, Hayes was initially indicted by a Randolph County Grand Jury on one count of obtaining services, goods, or property in return for a worthless check, and one count of fraudulent schemes, both felonies.

Hayes was represented by attorney Paul Gwaltney. The state was represented by Randolph County Prosecuting Attorney Michael Parker. Circuit Court Judge David Wilmoth presided over the case.

Before Wilmoth accepted the agreement, he asked Hayes to explain what made him guilty of the charge. Hayes said that, in July 2024, he wrote a check for nearly $12,000 that he “knew wouldn’t clear” after receiving services in Randolph County.

When Wilmoth asked who was supposed to receive the money, Hayes said Quick Cabinets of WV, which is located in Elkins. Hayes stated that Quick Cabinets had made cabinets for a house his business was building and that he had expected a withdrawal from Clear Mountain Bank to come through in time; however, it did not happen.

Parker presented the factual basis for the case against Hayes, telling the court that, in July 2024, the West Virginia State Police received a walk-in complaint regarding a worthless check. The victim stated that Quick Cabinets of WV had been sub-contracted by Hayes’ business to build bookshelves for a house being constructed in Preston County. Quick Cabinets of WV gave Hayes two estimates totaling $11,988. Hayes then traveled to Randolph County and gave Quick Cabinets of WV a check in the amount of $11,988 in exchange for the services. Parker said that Hayes knew there would not be sufficient funds to pay that check.

After Parker spoke, Wilmoth asked Hayes what happened between when he wrote the bad check in July 2024 and when he was initially indicted in October 2025. Hayes said his company went out of business and he had been working to “catch up on the things that were out there,” but he had not gotten around to handling the payment for Quick Cabinets of WV yet. When Wilmoth asked if he had ever made a payment to Quick Cabinets of WV, Hayes said he had not.

After Hayes signed the plea agreement, Gwaltney filed a motion to request that Wilmoth issue a deferred adjudication for Hayes. Wilmoth said he would withhold from adjudicating Hayes’ guilty plea until after he has reviewed Gwaltney’s motion and the pre-sentence investigation report.

Hayes is scheduled to be sentenced on June 17 in Randolph County Circuit Court.