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ELKINS – A Randolph County man was granted a deferred adjudication, and also received a suspended sentence, after pleading guilty to property charges.
Elwood Lynn Hebb, 51, of Elkins, was sentenced by Randolph County Circuit Court Judge Jaymie Wilfong to six months of incarceration, which was suspended for two years of supervised probation, for one count of misdemeanor obtaining money, property or services by false pretenses.
Wilfong also granted Hebb a deferred adjudication regarding his other charge of one count of felony obtaining money, property or services by false pretenses. As part of his deferred adjudication, Hebb will have to pay a $24,000 in restitution to the victim in this case within six months.
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.”
Hebb entered into a plea agreement on Sept. 3, pleading guilty to one count of felony obtaining money, property or services by false pretenses. As part of the agreement, the state would recommend a deferred adjudication for Hebb. In June, the Randolph County Grand Jury indicted Hebb on one count of felony obtaining money, property or services by false pretenses.
During the sentencing hearing, Assistant Randolph County Prosecutor Colin Henning recommended, as per the plea agreement, that the court accept Hebb’s request for a deferred adjudication. Henning stated one of Hebb’s terms while possibly on deferred adjudication should be paying restitution to the victim in this case in the amount of $24,000. He noted, however, that Hebb had already deposited $10,000 as part of his bond and the final $14,000 was deposited to the clerk’s office a few months after, covering the entire restitution. Henning also asked the court to accept Hebb’s guilty plea for the misdemeanor charge.
Hebb’s attorney, Gregory Tingler, echoed the state’s request, asking the court of a deferred adjudication and an acceptance of his guilty plea for the misdemeanor. Tingler confirmed Hebb had deposited a $14,000 check with the clerk’s office and that Hebb wanted to forfeit his bond to help cover the full restitution. Both Tingler and Henning agreed they would be fine with Wilfong sentencing Hebb for the misdemeanor that same day after accepting his guilty plea.
After granting the deferred adjudication, Wilfong ordered that the clerk use Hebb’s bond as part of the restitution payment. She also ordered her acceptance of Hebb’s guilty plea for the misdemeanor charge and continued on to his sentencing.
Before Hebb was sentenced, he addressed the court. He stated he wanted to publicly apologize to the victim, adding that he didn’t think selling his property “would come to this.”