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Judge accepts two plea agreements

January 5, 2013
By Katie Kuba - Senior Staff Writer (kkuba@theintermountain.com) , The Inter-Mountain

Judge Jaymie Godwin Wilfong accepted two plea agreements in Randolph County Circuit Court Friday morning, including one involving an Elkins man who admitted to selling cocaine in 2010.

Robert Lee Scott, 32, pleaded guilty to one felony count of delivery of a controlled substance, cocaine, and one felony count of conspiracy., In exchange, Randolph County Prosecuting Attorney Michael Parker agreed to dismiss the remaining charges pending against Scott.

Scott was previously indicted on four felony counts of delivery of a controlled substance and three felony counts of conspiracy.

Scott's codefendant, Valerie McIntyre, tendered a plea agreement to the court Wednesday in which she testified that Scott - her boyfriend at the time - sold cocaine to a confidential informant on Feb. 22, 2010. Scott had initially been planning to go to trial to contest the charges, but he no longer felt that a jury would find him not guilty due to McIntyre's testimony, officials said.

When Wilfong gave Scott the opportunity to reconsider his guilty plea, he asked for a moment to consult with his attorney, James Hawkins. Hawkins and Scott stepped out into the hall, but returned a few moments later.

"I'm going to take the plea," Scott said.

"Even though you know that if you go to trial, you might be found not guilty?" Wilfong asked.

"That ain't gonna happen," Scott replied.

Wilfong asked Scott what he did that made him guilty.

"I was offered (the chance to sell cocaine), and I took it to make a little bit of money," Scott answered. "I wasn't working."

Scott said he'd sold "a couple grams" of cocaine for approximately $300 on Feb. 22, 2010, and April 21, 2010.

The penalty for delivery of a Schedule 2 controlled substance is one to five years in the state penitentiary, a fine of $25,000 or both; the penalty for felony conspiracy is one to five years in the state penitentiary, a fine of $10,000 or both.

Sentencing is set for 9 a.m. Feb. 8.

Also on Friday:

Harris' attorney, Hawkins, insisted that Parker lay a factual foundation for the misdemeanor charge after Harris tendered his guilty plea to the court. Parker said that based on an investigation conducted by Trooper M.J. Wilson with the Elkins detachment of the West Virginia State Police, Harris had used the name, date of birth and Social Security number of Rocky Tingler "to open an account with Mountaineer Gas Company to obtain services through Mountaineer Gas Company" without Tingler's consent.

Wilfong accepted Harris' guilty plea, but denied Hawkins' motion to modify bond, citing Harris' prior failure to appear in court and a probation violation.

Wilfong recused herself from the case due to a conflict of interest.

Shreve, who is named in three separate indictments, had been assigned three separate bonds - one for $25,000 cash, property or surety; a second for $50,000 cash property or surety; and a third for $100,000 cash only.

Hawkins, his attorney, called the $100,000 "excessive, oppressive and in effect a denial of bail." Hawkins suggested that one bond of $75,000 cash, property or surety would be an appropriate adjustment, and Perry concurred, calling the $100,000 cash-only bond "rather excessive." Perry made home confinement and daily check-ins conditions should Shreve make bond.

In November, Shreve was indicted on three felony counts of breaking and entering; one felony count of conspiracy to commit breaking and entering; three felony counts of grand larceny; two felony counts of conspiracy to commit grand larceny; three felony counts of possession of a stole vehicle; two felony counts of conspiracy to commit possession of a stolen vehicle; and one felony count of burglary.

Shreve was also charged with four counts of petit larceny, a misdemeanor; one count of breaking and entering of a motor car, a misdemeanor; two counts of destruction of property, a misdemeanor; and one count of attempted petit larceny, a misdemeanor.

Contact Katie Kuba by email at kkuba@theintermountain.com.

 
 

 

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