The Kanawha County Commission filed a lawsuit against 16 prescription drug distributors Thursday, alleging the firms shipped an "endless supply" of pain pills to the county while earning billions of dollars.

The companies -- which include retail chains like Wal-Mart, Rite Aid, CVS, Kroger and Walgreens, along with drug giants McKesson, Cardinal Health and AmerisourceBergen -- distributed 66 million prescription opioids to Kanawha County between 2007 and 2012, according to the lawsuit.

"They're drug dealers," said Kanawha County Commission President Kent Carper. "Look at the damage they've done: Babies being born addicted, the deaths we've had, families with children addicted to heroin. Their fingerprints are all over this, and they knew what they were doing."

Kanawha County joins a growing list of counties, cities and towns across West Virginia that seek to hold drug distributors accountable for the opioid problem and to recoup costs associated with the epidemic.

The Cabell County Commission filed a similar lawsuit against the same drug distributors Thursday.

The lawsuits, filed in federal court, allege the pill shipments created a "public nuisance" and "public health and safety hazard."

Kanawha County is one of several counties on the "front line" of the prescription opioid and heroin epidemic, according to the county's suit. The complaint argues that addicts hooked on pain pills have switched to heroin, which offers a similar high.

Heroin and pain pills continue to cause a rash of fatal overdoses in Kanawha County, where the overdose death rate is nearly three times the national average.

The lawsuit alleges that the distributors failed to report pharmacies that ordered "suspicious" quantities of prescription painkillers.

"Wholesale distributors repeatedly and purposefully breached their duties under state and federal law, which is a direct and proximate cause of the diversion of millions of prescription opiates for non-medical purposes in Kanawha County," the commission's complaint states.

The lawsuit cites the Charleston Gazette-Mail's "Painkiller Profiteers" series, which revealed drug firms shipped 780 million hydrocodone and oxycodone pills to West Virginia over six years amid a rise of overdoses.

The suit also mentions a Washington Post investigation that found that the U.S. Drug Enforcement Administration slowed enforcement actions against drug distributors.

Drug wholesalers and their trade groups "pressured the U.S. Justice Department to halt prosecutions and lobbied Congress to strip the DEA of its ability to immediately suspend distributor registrations," according to the suit.

In response to similar lawsuits, the drug distributors have denied any wrongdoing. They've said they sold prescription painkillers to licensed pharmacies that filled prescriptions from licensed doctors. They also note that pain pill shipments make up only a small percentage of their total sales.

Kanawha County's lawsuit includes a list of fines that wholesalers have paid in recent years to settle federal investigations.

"The epidemic rages because the fines and suspensions imposed by the DEA do not change the conduct of the wholesale distributor industry," the lawsuit alleges. "They pay fines as a cost of doing business in an industry which generates billions of dollars in annual revenue."

A Huntington law firm, Greene Ketchum, is representing both the Kanawha and Cabell commissions.

Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.

GREEN VALLEY, W.Va. - A woman who was seriously injured during a mobile home fire earlier this week has died.

Capt. Joe Parks of the Mercer County Sheriff's Department confirmed on Wednesday that Amber Terry died Tuesday night. Officials did not release her age.

The Bluefield Daily Telegraph reports Terry was critically injured in a structure fire Monday night at Woody's Mobile Home Park in Green Valley. Officials initially said Terry was dead on arrival, but she was later revived at a hospital.

Sheriff Tommy Bailey says the home was a total loss.

Authorities are investigating the cause of the fire.

A Roane County woman who pleaded guilty to credit card fraud Thursday admitted to taking more than $10,000 while she worked for the United Way of Central West Virginia.

Rhonda Kelly Conrad, 49, of Spencer, faces up to 10 years in federal prison when she's sentenced June 1 by U. S. District Judge Joseph Goodwin.

Conrad admitted to taking a number of company credit cards while she worked at the United Way's office in Charleston. She purchased things for herself with the cards.

Between June and a December in 2014, Conrad charged more than $6,000 to the cards. She admitted that she set up false accounts within in the nonprofit's system and had about $4,000 transferred to her personal bank account.

"There is not much more despicable than theft from organizations established to take care of folks who can't take care of themselves. Stealing from a charity is a serious crime that carries significant consequences," U. S. Attorney Carol Casto said in a news release. "We will continue working with our law enforcement partners to make sure these offenders are held accountable."

As part of the deal she made with federal prosecutors, Conrad has agreed to pay back the money. She also faces up to $250,000 in fines at sentencing.

Stuck between rising crime and a drug epidemic, the Charleston Police Department said it needs a new plan to deal with problems facing the community.

A report released Thursday shows an increase in crime across every district and nearly every crime category in Charleston last year. Overall, crime increased about 17 percent across eight categories, with larceny being the highest by far in every region.

The report tracks categories of crime that police agencies are required to report to the FBI each year.

While reported sexual assaults dropped in Charleston - from 54 in 2015 to 36 in 2016 - cases of murder, robbery, malicious wounding, burglary, larceny, motor vehicle theft and auto breaking and entering increased last year.

"The reality is that the heroin/opioid epidemic is driving almost all of our crime," Chief Brent Webster said in a prepared statement. "That fact does not make it any more acceptable so my staff and division commanders are exploring different law enforcement strategies to ensure we are controlling what variables we can."

Webster emphasized the importance of both rehabilitating addicts and taking down violent drug dealers.

The department is concerned about people like David Young, who pleaded guilty in federal court to selling 40 pounds of crystal methamphetamine and shooting into an occupied car in St. Albans.

The department also is focused on people who have found themselves on the other end of Charleston's drug problem. Grant Crul was accused of breaking into Good Shepherd Veterinary Hospital and stealing medications in 2016.

Police found him passed out at a nearby Donut Connection shortly after.

Of the three regions listed in Thursday's report, the West district, which includes the West Side and North Charleston, showed the lowest increase in crime, falling at least 7 percent below the other districts. Increased enforcement on the West Side also may have curbed its criminal activity.

The region did, however, have eight murders, whereas the East district, which is everything within city limits east of the Elk River and North of the Kanawha River, had two and the South district, which the Charleston area south of the Kanawha River, had one.

The concentration of businesses and cars in other areas of Charleston make it easier for someone to steal property and fund a drug habit, said Lt. Steve Cooper, the department's chief of detectives.

"The addicts are stealing whatever is not nailed down, to use an old cliche," he said.

Cooper also said West Virginia's crime rates are on par with surrounding states.

According to the most complete and recent FBI data, West Virginia did have similar rates of crime per resident when compared to Virginia, Pennsylvania and Kentucky for the year 2014.

The data also shows Charleston police reported about 14 percent more crime in 2000 than it did in 2014.

"If you look at those numbers, these areas would feel so safe by comparison," Cooper said.

Still, Charleston is faced with a dangerous problem and its roots may extend beyond West Virginia's borders.

In a 2016 investigation, an FBI informant arranged to have 10 pounds of meth delivered to Charleston from Los Angeles.

The plan was for two women to deliver the drugs by car and for a California man to fly into Huntington and pick up the profits just five days later.

Drugs that make their way to West Virginia burden law enforcement, emergency responders and Charleston's residents.

It's a problem without boundaries, and law enforcement personnel have even found themselves in the middle of West Virginia's epidemic.

Authorities arrested one of their own in 2016 after an on-duty parole officer allegedly bought what he thought to be Oxycodone from a confidential informant.

Police said Christopher Bright, then an employee of the Braxton County Sheriff's Office, had also bought pills and meth in the past. He lost his job shortly after.

Cooper said a positive change is expected with proactive police work and successful prosecutions, along with other factors.

"In my opinion, there needs to be more treatment facilities," he said.

Reach Giuseppe Sabella at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or follow @gsabella on Twitter.

PITTSBURGH (AP) - A preliminary hearing for a Pennsylvania man charged with killing a family of three while leading police on a Thanksgiving Day chase has been postponed.

Friday's hearing for 22-year-old Demetrius Colelman has been moved to April 7 in Pittsburgh City Court.

Allegheny County District Attorney Stephen Zappala Jr. says Coleman and a woman who owned his car had been selling heroin earlier that day before East McKeesport police stopped Coleman for a traffic violation. He allegedly sped away and crashed into another car in neighboring North Versailles (ver-SAYLS'), killing David Bianco, his fiancee, Kaylie Meininger, and her 2-year-old daughter, Annika.

Coleman faces charges of criminal homicide and a long list of traffic violations. He's represented by a county public defender whose policy is to not comment on criminal charges.

A South Charleston man allegedly broke into his ex-girlfriend's home, stole several items, hid her TV in the attic and later sent her a FaceTime video chat from inside the house.

Xavier Jones, 27, climbed through the woman's window in Dunbar on Wednesday and stole one iPad and two Amazon Fire TV Sticks, according to a criminal complaint filed in Kanawha County Magistrate Court.

Jones reportedly told the woman he wanted to "play a game" and make her find the belongings. She later found her TV hidden in the attic.

The woman began to leave an hour later to file a domestic violence protection order, the complaint states. That's when she noticed Jones' white Dodge Charger outside.

She watched Jones leave his car and go back into the house, where he then sent her a video chat from his phone, according to the complaint.

Officers found Jones in South Charleston and soon discovered he had 11 grams of marijuana and a handgun - a violation of an existing protective order against him.

Jones remained at South Central Regional Jail in lieu of a $7,500 bond on Friday afternoon.

Reach Giuseppe at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or @gsabella on Twitter.

Nathaniel Williams was shot eight times at a Charleston bar last year. He's spent nearly five months in jail as a result of his actions during the incident, and a prosecutor said Friday that Williams should be released.

But Kanawha Circuit Judge Duke Bloom didn't agree, and sentenced Williams to spend two years in prison.

Williams, 30, was given credit for the 140 days he's already spent in the South Central Regional Jail. He pleaded guilty last month to wanton endangerment for shooting his gun twice outside the Boondocks Bar and Grill, in the 2300 block of Washington Street West, just after 2 a.m. on May 14.

Williams said he fired his gun twice in the air in an attempt to clear traffic so he could make it to the hospital.

"Have you ever heard of a horn?" Bloom asked Williams.

Williams replied that he had made a split-second decision to fire his gun. He apologized for his actions.

"I felt it was either move the crowd or sit back and die in my backseat," Williams said. "I take full responsibility for my actions."

Jamaine Sutton, 32, of Dunbar, was pronounced dead at the bar. He was shot five times. A North Carolina man, Jacques Slade, pleaded guilty last month to voluntary manslaughter in Sutton's death.

Kanawha Assistant Prosecutor Fred Giggenbach on Friday described the incident at the bar as a "Wild West shootout." The prosecutor said Williams fired his shots after others had stopped shooting. He added that undercover police officers at the scene were not wounded.

Williams "might have had a good shot at trial, given that he was shot eight times," Giggenbach said. Instead, Williams took a deal with prosecutors last month and pleaded guilty to the wanton endangerment charge, which marked his first felony conviction. Prosecutors wanted to convict Williams of a felony so he could no longer legally possess a firearm.

As part of the deal Williams made with prosecutors, a second charge of wanton endangerment was dropped. That charge stemmed from an incident in Dunbar last October in which Williams held his gun above his head and fired a warning shot, Giggenbach said.

Williams' lawyer, Shawn Bayliss, told the judge that his client was looking forward to getting his life back. Before he was indicted in the fall, Williams worked for ServPro, a company that performs fire- and water-damage restoration. He even renewed the certificates he's required to have while he was incarcerated, according to Bayliss.

"I'm ready to put this behind me and move forward with my life," Williams said.

Before handing down the sentence Friday, Bloom said he had doubts about the version of events he was given.

"You are not necessarily the victim you present yourself to be," the judge told Williams.

A loud gasp could be heard in the courtroom when the judge handed down the sentence.

Williams and the prosecutor made eye contact while Williams was walked out of the courtroom. After the hearing, Bayliss could be heard telling Williams' family members that he had never before seen Giggenbach recommend that a sentence be reduced to time served.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.

Investigations by the Crimes Against Children Unit, an arm of the West Virginia State Police, led to the arrest of three men around the state this week.

Ronnie Fazzini, of Clarksburg, allegedly used his employment at Pressley Ridge, a facility for troubled and special- needs youth, to take advantage of a 16-year-old girl, according to a criminal complaint filed in Harrison County Magistrate Court.

The girl became scared after the letters she received from Fazzini, 26, began to include sexual messages, the complaint states. In one letter, Fazzini reportedly told the girl he would change his work schedule to spend more time with her.

Authorities said it was easy to compare Fazzini's unique handwriting with his letters and employment applications.

A search of his home revealed a blue notebook that contained the same paper and handwriting from Fazzini's past letters.

Police arrested him on three counts of sexual abuse by a person in a position of trust to a child. Fazzini was released on a $10,000 bail and could not be reached for comment.

Barry Callahan, of Alkol, allegedly used Facebook to exchange sexual messages, photographs and videos with a 15-year-old girl, according to a criminal complaint filed in Lincoln County Magistrate Court.

In one of the messages, Callahan told the girl he was just released from "lock up," the complaint states.

Police arrested Callahan, 32, on charges of possessing child pornography, soliciting a minor, displaying obscene material with intent to seduce, and using a minor in the production of obscene material.

He remained at the Western Regional Jail in lieu of a $50,000 bail Friday afternoon.

Derrick Berry, of Charles Town, already was booked into jail last month for the alleged sexual assault of two girls in Jefferson County, according to a criminal complaint filed in Berkeley County Magistrate Court.

He allegedly assaulted a third girl in Berkeley County, and Jefferson officials asked investigators to pursue more charges.

Berry, 41, is now accused of inappropriately touching the 10-year-old girl, who referred to him as a "sick-headed guy" in a police interview, the complaint states.

Police arrested Berry on several counts of sexual abuse and sexual assault. He remained at the Eastern Regional Jail in lieu of a $100,000 bail for the original charges and a $400,000 bail for the new charges.

The commander of the Crimes Against Children Unit, Lt. Danny Swiger, said the work of his personnel led to the arrest of more than 200 people last year.

"Sometimes, multiple cases come through here each day," he said.

Reach Giuseppe Sabella at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or @gsabella on Twitter.

The West Virginia Senate voted Saturday to scrap a requirement that every circuit court participate in a drug court program.

Upon full passage, the legislation would give the judicial branch control over which courts will operate a drug court and which will not. The Senate voted 20-13 to pass the bill, with one senator absent.

The West Virginia Adult Drug Court Program is an alternative to the standard criminal justice system for low-level offenders that combines supervision, drug testing, counseling and workforce training in an effort to break drug habits.

The bill's sponsor, Sen. Charles Trump, R-Morgan, said the current legislation is a form of an unfunded mandate, and that individual circuits are best deciding for themselves whether a drug court is appropriate for their respective areas.

He added the bill will not directly eliminate any drug court, and that it authorizes the continuation of any and all drug courts as the judiciary branch sees fit.

"I think it's wrong fundamentally for us to mandate this," he said. "The question is, to what degree are we going to stick our nose in and operate everybody else's business in that branch of the government. Let's let them do the job in the best way they can for the people of this state."

Speaking in opposition to the bill, Sen. Ryan Weld, R-Brooke, who has sponsored several pieces of legislation throughout the session calling for more aggressive prosecution on narcotic distributors, said drug courts are a key aspect of solving the state's drug problem.

According to data he offered to the senate, since 2004, roughly 2 percent of drug court participants end up back in legal trouble within a year, and 9.4 percent return within two years. Those numbers dwarf a standard court's return rates of 30 percent of offenders.

Additionally, he said as many as 75 to 80 percent of drug offenders who navigate through the standard court system end up back in legal trouble.

The drug court program costs about $7,100 per year, per participant, Weld said, as opposed to the $27,000 to house an inmate in jail.

Along with Weld, several other senators spoke out against the bill. Sen. Ron Stollings, D-Boone, said the drug courts have proved extremely helpful in southern West Virginia.

"These are something we should be doing more of, not less of," he said.

Though several other senate Democrats spoke out against the bill, partisan lines blurred when Democrats sided with Trump.

Among them, Sen. Corey Palumbo, D-Kanawha, said it doesn't make sense for the legislative branch to force a judiciary body into a system it doesn't want for itself.

Likewise, Sen. Mike Woelfel, D-Cabell, said while he appreciates the drug court system, he would be voting against the bill as a matter of principle.

"This is really a separation of powers issue," he said. "They have a budget, we can't control the Supreme Court budget, so if they aren't asking for more money for this, I believe it's a policy decision by a coequal branch of government that we shouldn't really interfere with."

Reach Jake Zuckerman at jake.zuckerman@wvgazettemail.com, 304-348-4814 or follow @jake_zuckerman on Twitter.

The following crimes were reported to the Charleston Police Department between March 2 and 9, 2017:

East District:

Virginia Street East 1600 block, breaking and entering auto, March 2, 2 a.m.

Charleston Town Center, shoplifting, March 2, 4:30 p.m.

Kanawha Boulevard 2100 block, breaking and entering, March 2, 10 p.m.

Civic Center Drive, grand larceny auto, March 3, 11 p.m.

Davis Square first block, brandishing, March 4, 11:15 a.m.

Washington Street East 100 block, grand larceny auto, March 5, 12:46 p.m.

Renaissance Circle 1300 block, battery, March 5, 3:30 p.m.

Elizabeth Street 500 block, petit larceny, March 5, 6 p.m.

Lee Street East 200 block, shoplifting, March 6, 10:48 a.m.

Quarrier Street 200 block, shoplifting, March 7, 4:40 p.m.

Charleston Town Center, petit larceny, March 7, 8 p.m.

South District:

Cross Terrace Boulevard 200 block, shoplifting, March 2, 1:09 p.m.

MacCorkle Avenue 5700 block, petit larceny, March 2, 5:17 p.m.

MacCorkle Avenue 6500 block, shoplifting, March 3, 12:40 p.m.

Nottingham Road 1500 block, child neglect, March 4, 12:15 p.m.

Kanawha Mall, petit larceny, March 4, 1 p.m.

Cross Terrace Boulevard 200 block, shoplifting, March 4, 1:45 p.m.

RHL Boulevard 200 block, petit larceny, March 4, 10 p.m.

MacCorkle Avenue Southeast 3200 block, petit larceny, March 5, 3 p.m.

Roosevelt Avenue 6600 block, breaking and entering auto, March 5, 8 p.m.

MacCorkle Avenue Southeast 300 block, breaking and entering, March 6, 3:41 a.m.

MacCorkle Avenue Southeast 300 block, grand larceny auto, March 6, 3:41 a.m.

MacCorkle Avenue Southeast 5300 block, grand larceny auto, March 6, 7:30 a.m.

MacCorkle Avenue Southeast 300 block, grand larceny auto, March 6, 7:47 a.m.

MacCorkle Avenue 5700, shoplifting, March 6, 1:37 p.m.

RHL Boulevard 200 block, shoplifting, March 6, 9:30 p.m.

Virginia Avenue Southwest 3700 block, breaking and entering auto, March 6, 11 p.m.

RHL Boulevard 200 block, shoplifting, March 7, 7 p.m.

Dorchester Road 1500 block, burglary, March 8, 11:30 a.m.

MacCorkle Avenue Southeast 5100 block, shoplifting, March 8, 3:10 p.m.

MacCorkle Avenue Southeast 6800 block, petit larceny, March 8, 4:20 p.m.

MacCorkle Avenue 5400 block, breaking and entering, March 8, 7:45 p.m.

West District:

Sissonville Drive 2300 block, breaking and entering, March 2, 2 p.m.

Randolph Street 600 block, petit larceny, March 3, 3 p.m.

Washington Street West 1500 block, petit larceny, March 4, 1:22 p.m.

Beech Avenue 1100 block, grand larceny auto, March 4, 7 p.m.

Chandler Drive 1600 block, petit larceny auto, March 4, 8 p.m.

7th Avenue 1600 block, breaking and entering auto, March 5, 7:20 p.m.

Roane Street 300 block, brandishing, March 5, 8:45 p.m.

Frame Street 1400 block, petit larceny, March 5, 11:30 p.m.

Washington Street West 1400 block, petit larceny auto, March 6, 7:40 a.m.

Washington Street West 1700 block, grand larceny auto, March 6, 7:50 a.m.

7th Avenue 1800 block, petit larceny, March 6, 11:32 p.m.

2nd Avenue 1600 block, breaking and entering, March 7, 5:23 a.m.

Stuart Street, petit larceny, March 7, 7 p.m.

Swarthmore Avenue 100 block, grand larceny auto, March 7, 8 p.m.

Delaware Avenue 500 block, shoplifting, March 7, 11 p.m.

Grove Avenue 900 block, petit larceny, March 8, 4:30 p.m.

7th Avenue and Rebecca Street, petit larceny, March 8, 5 p.m.

Swarthmore Avenue 100 block, petit larceny, March 8, 10:30 p.m.

Marriages

The following people filed for marriage licenses in Kanawha County between March 2 and 9, 2017:

Daniel Jason Hancock, 39, and Kimberly Dawn Thompson, 39, both of Charleston.

John Vinton Compton, 51, and Linda Ann Arthur, 41, both of Charleston.

Brody Michael Rumberg, 21, and Katelyn Taylor Lynch, 20, both of Eskdale.

Clay Anthony Ingram Jr., 19, and Kailee Madison Smith, 18, both of Dry Branch.

Freda Alisha Gilmore, 24, and Melinda Kay Taylor, 18, both of Charleston.

Sirgew Getachew, 34, and Sierra Nichole Caudill, 30, both of South Charleston.

Shane Michael Keefe, 31, and Mary Frances Elswick, 32, both of Charleston.

James Wesley Anderson, 28, and Paul Mackenzie Martin, 20, both of Chesapeake.

Timothy Allen Holmes, 57, and Lisa Lynn Fowler, 48, both of Charleston.

Zackary Lewis Wilkinson, 22, and Makayla Nicole Spurlock, 21, both of Charleston.

Michael Wayne White, 50, and Michelle Renee Duling, 43, both of Charleston.

Brian Wayne Burgess, 32, and Sarah Ellen Cooper, 25, both of Charleston.

Christopher Paul Bowman Jr., 25, of Sissonville and Megan Elizabeth Patton, 24, of Kenna.

Stephen Glenn Robertson, 42, and Jennifer Lynn Ramsey, 43, both of Cross Lanes.

Timothy Michael Johnson II, 19, of St. Albans and Christine Nichole Johnson, 19, of Winfield.

Randy Brian Ramsey, 29, and Latisha Lee Carpenter, 33, both of Charleston.

John William Edens, 54, and Sarah Ann Cook, 58, both of Charleston.

Christopher Michael Wilson, 23, and Brittany Lucille Bostic, 28, both of Charleston.

George Edward Ramsey, 42, and Loretta Renee Coleman, 32, both of Pond Gap.

John Dale Galloway, 46, and Elizabeth Ann Hickok, 46, both of South Charleston.

William Samuel Hart, 27, and Kayce Breanne Macormic, 20, both of Charleston

Gary Charles Morris, 45, and Rojen Florin Embol, 23, both of Charleston.

Doann Tran Pham, 22, of Charleston, and Kathryn Anne Tydings, 20, of Rio.

Phillip Allen Mangus, 37, and Christina Rene' Caldwell, 39, both of Charleston.

Divorces

The following people filed for divorce in Kanawha County between March 3 and 9, 2017:

Guy Ray Vance from Tessa Marie Vance

Tabitha Elaine Richardson from Charles William Richardson

Jason Carl Young from Jeanette Michelle Young

John Wesley Samples from Kimberly Sue Samples

Lisa Marie Ellison from Jason Michael Ellison

Michelle L. Boggs from Brian P. Boggs

Andrea Kay Nunn from Jeremy Ray Nunn

Michelle Lynn Hurley from Michael Gregory Murphy

Betty Gregory from Rickey Clay

Anthony Wayne Cooper from Teresa Dawn Cooper

Natalie Bryan Casto from Kale Keoki Robinson

Crystal Dawn Estep from Jeremy Bailey Estep

Jessica Nicole Wood from Joseph Anthony Wood

Destiny Epp from Eric Queen

Tammy Cook from Jason Cook

Shannon Kerns from Clifton Kerns

Tanesa Lynn Bowman from Brent Lee Bowman

James Dow Bailey from Getty Anette Braley

Kenneth Earl Helmbright from Karen Marie Helmbright

Myron Dewayne Daniels from Rebecca Ann Daniels

Property transfers

The following property transfers of $75,000 or more were recorded in Kanawha County between March 2 and 9, 2017:

Sallie W. Engle to Susan A. Garrison. Lot, Elk District, $78,000.

Glenn R. and Shelia Pauley to Tina Cristee-Brough and Chad W. Brough. Parcels, Jefferson District, $200,000.

Anna J. Young to Roger Boutot, Kristy Boutot, Raymond M. Emswiler and Joann M. Emswiler. Lot, Union District, $145,000.

M.A. McClure Rental Properties LLC to Johnny David Tippie. Condominium, Charleston, $75,000.

James D. Jr. and Anita L. Deem to Peter J. Curry. Lot, Loudon District, $210,000.

Adam C. Aleshire to Seth C. and Joslyn R. Newell. Lot, Union District, $112,900.

Matthew A. and Heather R. Myers to Christopher D. and Jessica M. Parker. Lot, Washington District, $415,000.

Paws LLC to Gary W. Bosher. Lots, Charleston North District, $285,000.

Kenneth E. and Della N. Dean to Talana N. Harris. Parcel, Nitro District, $116,500.

Thomas M. Potts to Seth and Dasia A. Jeffries. Lot, Charleston, $132,000.

H. Drexel Short Jr. and Laura Miller to Perdue Properties LLC. Lots, Charleston, $145,500.

Lucas J. and Stephanie B. Gregory to Kristen M. McLanahan. Lot, Charleston, $196,000.

Hedda Haning to Gregory S. Foster. Lot, Charleston, $200,000.

James E. Faulkner to Jeff Runyon. Lot, Spring Hill, $86,120.

Wanda A. and John E. Burdette II to to Alex J. and Barbara L. Stanze. Lot, Charleston, $178,000.

Timothy W. and Stacey B. Fischer to Glenn Pauley. Lot, Jefferson District, $145,000.

Tyson C. and Michelle L. Judy to Tayler Aab. Lot, Elk District, $157,000.

David M. Donelon to Kimberly D. Phillips. Lot, Union District, $205,000.

Archard J. Nissel Jr. to Brian and Krista Tackman. Lots, Kanawha City District, $187,500.

Carol James and Ryan A. Mooney. Lot, Cabin Creek District, $94,000.

John Jeffrey and Johnna S. Beane to Kim R. Blankenship II and Christy M. Blankenship. Parcel, South Charleston, $150,500.

Phillip w. Aldrich and Tegan Elizabeth Easterday to Cheyenne M. Hedrick. Parcel, Charleston, $152,000.

A&M Properties and Investments LLC and Montani Properties LLC to Rachel O. and Zachary C. Sallade. Lot, Kanawha City District, $167,000.

Terry Edwin and Angela Joyce England to Lisa D. Barlow. Lot, Malden Distict, $185,000.

Frank A. III and Camilla J. Baer to Trevor T. and Bretta K. Hyre. Lots, Loudon District, $365,000.

Donald C. Meddings Jr. to Emily D. and Wayne M. Watson Jr. Lots, Jefferson District, $93,000.

Ronald R. and Patricia A. Perry to Daniel J. and Katrina L. Mumma. Lots, Poca District, $174,000.

Tonimarie Johnson to Harold F. Harper III. Lot, St. Albans, $124,000.

Thomas L. Richardson to Roger A. and Linda G. Chambers. Lot, St. Albans, $162,000.

Stephen and Tammy Epperly to Destinee Brooke and Eric Thomas Mulcahy. Lot, Union District, $105,000.

Caz M. and Kathy I. Stepp to Patrick G. and Tina S. Garska. Lot, Jefferson District, $195,000.

Wood Properties LLC to Justin Kyle and Collette Collins. Lot, Union District, $88,000.

Marc L. and Mary D. Harman to Robert G. and Anita Harold Ashley. Condominium, Charleston, $90,000.

Michael Ryan Henshall to Michele Henshall-Knight. Parcel, Union District, $117,000.

Trevor T. and Bretta K. Hyre to Daniel R. and Amanda D. Brainard. Lot, Union District, $295,000.

Belle Properties LLC to D&M Investment Properties LLC. Lot, City of Belle, $110,000.

Dwayne O. and Aymee M. Combs to Amanda Foster Miller. Lots, St. Albans, $183,000.

Virgil and Rose Marie Reed to Crystal L. Young. Lot, Big Sandy District, $78,000.

Seneca Trustee Inc. to Quicken Loans. Lot, St. Albans, $90,520.

Giuseppe and Sandra L. Graziano to Julie H. and Thomas A. Barrick. Lot, Charleston, $280,000.

David S. and Terri L. Cunningham to Ronald L. and Tracy Crawley. Lots, Union District, $85,000.

Hereford and Riccardi PLLC to The Huntington National Bank. Lot, Charleston, $126,000.

James W. Lane Jr. and Bradford P. Bury to United Bank Inc. Parcel, Union District, $145,000.

Edward H. and Marilyn E. Smith to Giuseppe and Sandra L. Graziano. Lot, Charleston, $330,000.

Gary W. and Kelly Clark to Melvin L. and Abbie G. Burch. Parcel, Jefferson District, $125,700.

William L. and Terri S. Zirkle to Jarrett and Canon Hill. Lot, Washington District, $410,000.

Rodney Woods, Viola Sue Woods, and Roberta Woods to Richard Lee and Josephine Levon Drake. Parcel, Elk District, $80,000.

Russell E. Boner to Zachary R. Walker. Parcels, Loudon District, $99,000.

Herbert L. and Iona J. Dillard to Christian Jones. Lots, Jefferson District, $86,250.

Erik W. Bailey to Jacob A. Cogar. Lot, Union District, $88,000.

Macy's Retail Holdings Inc. to Charleston town Center Company L.P. Lots, Charleston, $2,500,000.

Robert W. Swartz to Michael H. Belcher. Lot, Charleston, $92,500.

Forest E. and Audrey F. Carper to Waldon L. and Melinda C. Dennis. Lot, Elk District, $290,000.

Debra Lynn Kish Dial to Toi L. Dillard. Lot, Dunbar, $90,000.

Bankruptcies

The bankruptcies listed below are limited to those filed by residents or companies in the Gazette-Mail's circulation area. Chapter 7 designates the liquidation of non-exempt property; Chapter 11 calls for business reorganization; Chapter 13 establishes a schedule of payments to creditors. The following bankruptcies were filed between March 3 and 10, 2017:

Rachael Diane and Tommy Lee Wheeler, Elkview, Chapter 7. Assets: $37,910, Liabilities: $68,012.

Matthew James and Deanna Lea Stephens, Charleston, Chapter 7. Assets: $37,649, Liabilities: $98,257.

Felicia Ellen McKinney, Oak Hill, Chapter 7. Assets: $9,463, Liabilities: $253,829.

Monty Thomas Asbury, Oak Hill, Chapter 7. Assets: $25, Liabilities: $53,013.

Marshall Jonathan Spaulding Jr. Charleston, Chapter 7. Assets: $240,867, Liabilities: $135,954.

Charlotte Jean Jenkins, Charleston, Chapter 7. Assets: Unknown, Liabilities: Unknown.

Richard Wesley England Jr., Whitman, Chapter 7. Assets: $32,225, Liabilities: $33,729.

James Arthur and Theresa Marie Harkless, Charleston, Chapter 7. Assets: $104,017, Liabilities: $110,826.

Joseph Wayne Backus, Hewett, Chapter 7. Assets: $9,650, Liabilities: $66,647.

Mindy Lynn Hager, Chapmanville, Chapter 7. Assets: $50,396, Liabilities: $66,374.

Robert Jospeh Kline, Saint Albans, Chapter 7. Assets: $15,346, Liabilities: $16,587.

Daniel Joseph McIver, Man, Chapter 7. Assets: $12,500, Liabilities: $91,962.

Roger Dale Patterson, Lewisburg, Chapter 7. Assets: Unknown, Liabilities: Unknown.

The Patterson Group LLC, Lewisburg, Chapter 7. Assets: Unknown, Liabilities: Unknown.

Irma Nadine Gregory, Mabscott, Chapter 7. Assets: $26,359, Liabilities: $48,801.

Hassel Harvey and Leslie Annette Jackson, Lewisburg, Chapter 7. Assets: $114,846, Liabilities: $204,935.

Joshua Ryan Mitchem, Ronceverte, Chapter 7. Assets: $39,586, Liabilities: $62,289.

Floyd Durwood Sr. and Teresa Irene Tincher, Rupert, Chapter 7. Assets: $98,010, Liabilities: $171,627.

Michael David Osborne, Oceana, Chapter 11. Assets: Unknown, Liabilities: Unknown.

A grand jury in Putnam County returned indictments last week against 42 defendants, Prosecuting Attorney Mark Sorsaia announced.

The indictments Sorsaia announced are not a finding of fact; it means only that grand jurors have decided that enough evidence exists to warrant a criminal trial. Indictments are as follows:

Gregory G. Abbott Jr., born 1974, of Huntington, forgery of a public record;

David A. Allen, born 1979, of Milton, robbery in the first degree;

Aaron L. Bradley, born 1979, of Hurricane, driving on a revoked license - DUI related, third offense;

Nicholas D. Burgess, born 1996, of Drybranch, unlawful assault and domestic battery;

Bruce A. Cook, born 1963, of St. Albans, embezzlement (2);

Joseph E. Cook, born 1976, of Danese, shoplifting, third offense;

Timothy D. Copley, born 1965, of Columbus, Ohio, fraudulent use of an unauthorized access device (3), forgery and uttering a forged writing (3);

Anthony G. Ferrebee, born 1982, of Maysel, fleeing in a vehicle from a law-enforcement officer in reckless indifference to the safety of others, possession of a stolen vehicle and driving on a revoked license - DUI related, second offense;

Justin W. Fore, born 1980, of Charleston, forgery of a public record;

Derrick L. George, born 1982, of New Haven, obtaining property in return for worthless check and obtaining property by false pretense;

Joshua A. George, born 1982, of Kenna, driving on a revoked license - DUI related, third offense, and possession of a controlled substance;

Jeffrey D. Goff, born 1987, of Red House, computer fraud (4) and attempt to commit computer fraud;

Paul E. Hardee Jr., born 1994, of Buffalo, nighttime burglary, grand larceny and conspiracy to commit nighttime burglary;

Bridgette A. Jividen, born 1987, of Winfield, child neglect creating a substantial risk of serious bodily injury or death;

Kasey D. Kincaid, born 1983, of Hernshaw, robbery in the first degree (2), conspiracy to commit robbery in the first degree (2), kidnapping and conspiracy to commit kidnapping;

Steven A. King, born 1979, of Scott Depot, conspiracy to commit delivery of a controlled substance, delivery of a controlled substance within 1,000 feet of a school and possession with intent to deliver a controlled substance;

Joel A. Martin, born 1990, of Marmet, conspiracy to attempt to operate a clandestine drug laboratory, attempt to operate a clandestine drug laboratory, conspiracy to commit possession of a substance to be used as a precursor to manufacture methamphetamine and possession of a substance to be used as a precursor to manufacture methamphetamine;

Erin L. Miller, born 1993, of Buffalo, daytime burglary, petit larceny, shoplifting, third offense (2), nighttime burglary, grand larceny and conspiracy to commit nighttime burglary;

Larry E. Newberry, born 1968, of Scott Depot, conspiracy to attempt to operate a clandestine drug laboratory, attempt to operate a clandestine drug laboratory, conspiracy to commit possession of a substance to be used as a precursor to manufacture methamphetamine and possession of a substance to be used as a precursor to manufacture methamphetamine and person prohibited from possessing a firearm;

Veronica L. Parler, born 1985, of Charleston, grand larceny and obstructing an officer;

Jonathan D. Patton, born 1967, of Hurricane, daytime burglary, conspiracy to commit daytime burglary and petit larceny;

Dustin D. Paxton, born 1989, of Poca, breaking and entering and destruction of property;

Harley A. Perkins, born 1992, of Barboursville, grand larceny and breaking and entering an automobile;

Jason D. Priestley, born 1979, of Hurricane, domestic battery, third offense;

Tiffany A. Priestley, born 1991, of Hurricane, shoplifting, third offense;

David R. Roberts, born 1976, of Hamlin, domestic battery, third offense;

Melissa C. Ruby, born 1974, of Hurricane, daytime burglary, conspiracy to commit daytime burglary, petit larceny and destruction of property;

Joseph D. Scales, born 1976, of Evansville, possession with intent to deliver a controlled substance (2) and obstructing an officer (2);

Kevin T. Sherk, born 1993, of Poca, grand larceny, breaking and entering and daytime burglary;

Michael D. Sniff, born 1987, of Hernshaw, robbery in the first degree (2), conspiracy to commit robbery in the first degree (2), kidnapping, conspiracy to commit kidnapping;

Roy F. Sovine, born 1986, of Culloden, fleeing in a vehicle from a law-enforcement officer in reckless indifference to the safety of others, speeding, reckless driving and failure to maintain control;

Timothy J. Spade, born 1998, of Hurricane, sexual abuse in the first degree (3), sexual assault in the second degree (2), strangulation (2) and attempt to commit sexual assault in the second degree;

Robert J. Stamper, born 1977, of East Bank, conspiracy to attempt to operate a clandestine drug laboratory, attempt to operate a clandestine drug laboratory, conspiracy to commit possession of a substance to be used as a precursor to manufacture methamphetamine and possession of a substance to be used as a precursor to manufacture methamphetamine;

Chad A. Taylor, born 1968, of Myrtle Beach, South Carolina, possession of a stolen vehicle;

Locie A. Taylor, born 1976, of Hurricane, driving on a revoked license, DUI related, third offense, driving without the required security and operating a motor vehicle without a valid registration;

Kirk D. Thomas, born 1989, of Poca, malicious assault, sexual assault in the second degree (2) and abduction;

William L. Thornhill II, born 1982, of Charleston, delivery of a controlled substance and conspiracy to commit delivery of a controlled substance;

Cora F. Vance, born 1985, of Hurricane, computer fraud (14);

Edward R. White, born 1975, of Hurricane, obtaining money by false pretense (70);

Raymond E. Wilkinson, born 1952, of Red House, possession of material visually portraying a minor engaged in sexually explicit conduct;

Darrell L. Withrow, born 1963, of Poca, strangulation, domestic battery and person prohibited from possessing a firearm;

Ralph W. Wray, born 1983, of Hurricane, possession of a controlled substance without a valid prescription.

A needle laid on the hood of a crumpled Ford Fusion on Monday morning.

The car, which had been occupied by a man and woman, led Kanawha sheriff's deputies on a high-speed chase before it crashed at the intersection of Kanawha Turnpike and Chilton Avenue in South Charleston.

Dispatchers first reported a pursuit at about 10 a.m. when a deputy's license plate reader flagged the car as stolen. The vehicle reached speeds of 90 mph. as it traveled east on Interstate 64.

A second call, this time for an accident with injuries, came six minutes later.

The car had crashed into a fence and spiraled out of control, leaving an 80-foot skid mark on the road before finally coming to a stop.

At one end of the road, a man swept up debris where the stolen car ran into another vehicle. At the other end, a tow truck drove away with a deputy's SUV. The cruiser accidentally collided with the stolen car as it came to a stop, said Sgt. J.M. Launi, a deputy at the scene.

Launi said deputies found a crack cocaine pipe and several other needles scattered near the car.

Nobody appeared to be seriously injured, he said, and the two suspects would be identified when possible.

Reach Giuseppe at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or @gsabella on Twitter.

Kanawha County sheriff's deputies arrested an Ohio woman in Sissonville on Monday after she allegedly shot a woman with a .410-gauge shotgun and sent her to the hospital.

Ashlee Dresbach, 25, was the woman's guest at a home in the 1900 block of Morecott Drive, in Sissonville, according to a criminal complaint filed in Kanawha County Magistrate Court.

Dresbach told deputies the woman was "feeling her up" and trying to steal her debit card, according to the complaint.

Both women separated after a fight early Monday and Dresbach went to sleep, the complaint states. Something woke Dresbach and she grabbed the shotgun, closed her eyes and fired a shot at about 4:30 a.m., the sheriff's office said. The woman was wounded, but it was not believed to be life-threatening, according to an email release from Sgt. Brian Humphreys, Kanawha sheriff's office spokesman.

Dresbach reportedly told the woman she didn't mean to shoot her.

Deputies arrested Dresbach on a charge of malicious wounding and took her to the South Central Regional Jail, where she remained on $25,000 cash-only bail Monday afternoon.

Police arraigned a 21-year-old Nitro man Monday after his Feb. 8 job interview with the South Charleston Police Department led to an investigation.

During his interview to become a probationary police officer, Tyler Price reportedly told an officer he had sex with a woman while she was drunk, according to a criminal complaint filed in Kanawha County Magistrate Court.

He later showed the officer a video of the assault on his phone, the complaint states.

The woman reportedly told police she didn't know about the assault until Price called her about it on the same day as his interview.

Police charged Price with sexual assault and he was assigned $25,000 bail at his arraignment Monday.

A federal judge immediately shut down what she had scheduled as a plea hearing Monday after a Raleigh County doctor backed out of a deal he was expected to enter into with prosecutors over his alleged prescribing of oxycodone.

The deal Monday would have allowed Dr. Michael Kostenko to plead guilty to one count of intentionally distributing a quantity of oxycodone without a legitimate medical purpose.

Instead, Kostenko continues to face 20 counts of oxycodone distribution charges, which he was indicted on by a federal grand jury in Nov. 29 last year. Three of those distribution counts allege the doctor's illegal writing of prescriptions for pain pills led to the overdose deaths of three patients.

His trial is set for April 24 in Beckley in front of U.S. District Judge Irene Berger. Each charge involving the distribution of oxycodone resulting in death carries a mandatory minimum of 20 years in prison.

"Not guilty," Kostenko, who ran Coal Country Clinic, in Daniels, said during Monday's hearing. Federal prosecutors last week filed a motion requesting that Berger schedule a "guilty plea hearing" for the doctor.

Kostenko was charged last Wednesday with one count of intentionally distributing a quantity of oxycodone, a Schedule II controlled substance, not for legitimate medical purposes in the usual course of professional medical practice and beyond the bounds of medical practice. The felony charge was filed in the form of an information, which is similar to an indictment but can't be filed without a defendant's consent. It usually signals a defendant has agreed to cooperate with prosecutors and plead guilty.

Assistant U.S. Attorney Miller Bushong, the same day he filed the information, filed a motion requesting the guilty plea hearing be set for Kostenko.

Initially Monday, the doctor said he had reached an agreement with prosecutors.

Berger on Monday paused the hearing to allow the doctor to speak with his lawyers, Ward Morgan, of Bluefield, and Derrick Lefler, of Princeton, before accepting the deal.

Kostenko has been incarcerated in the Southern Regional Jail since the fall. He has been denied release at least twice.

Last year, Kostenko repeatedly defied orders from West Virginia health inspectors who directed him to shut down his medical practice. Two of Kostenko's patients fatally overdosed after the state took the doctor to court and closed his clinic, which had been located on C&O Dam Road in Daniels.

The clinic saw about 600 patients a month before it closed. All of Kostenko's patients were receiving prescriptions for narcotic painkillers, according to reports by the state Board of Pharmacy. West Virginia inspectors in 2015 cited Kostenko and his clinic for failing to keep adequate medical records.

The Department of Health and Human Resources has argued that officials with their agency twice tried to get Kostenko to close his clinic in Daniels, but he refused. After two of Kostenko's patients fatally overdosed, however, the state took the doctor to court and closed his clinic, which had been located on C&O Dam Road, in Daniels.

In previous interviews with the Gazette-Mail, Kostenko has denied any wrongdoing. Morgan said he didn't wish to comment Monday.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.

FAYETTEVILLE - A child might have seen what happened to Jonathan Skaggs nearly 18 years ago, a witness said Tuesday, but no one knows where that person, who would be an adult now, is, according to arguments in Fayette Circuit Court on Tuesday.

In 1999, Skaggs disappeared, and his fragmented and badly burned remains were later discovered on property where Clinton Toney lived outside of Oak Hill. In 2015, Toney was indicted for Skaggs' murder.

Fayette County Public Defender Scott Stanton declared in a motion to dismiss that Toney cannot get a fair trial now for several reasons, including the fact so many potential witnesses are dead.

In a hearing before Circuit Judge John Hatcher, the names of at least seven people who are now dead were among those mentioned who could have added to the knowledge of this case.

Toney's aunt, Joyce Foster, testified that James Jones told her before Skaggs' remains were found that he was not going to look for Skaggs because he knew Skaggs was dead. Foster said Jones made the statement in front of her mother and niece who are now dead. Jones is also dead.

One witness may be alive, but no one knows the whereabouts of Sean Andrews. Because he cannot be found, the judge allowed Wes Jones to testify to information Andrews gave him.

Jones said he was about 13 when Skaggs disappeared. He said his friend Andrews could have been the same age or younger.

Jones said Andrews told him years ago that Andrews "was hiding in the woods and saw what was done to Jonathan Skaggs." Jones said Andrews told him "It was wrong," and that Andrews was "sworn to secrecy" by someone who had the initial "M" in his or her name.

Jones also said that he and Andrews helped to start a fire at Toney's house in his fire pit on the Sunday morning after Skaggs went missing. Parts of Jonathan Skaggs' body were later found in that fire pit.

Jones also said no police officers ever interviewed him.

Shelby Jean Wolford said police never interviewed her or her husband. Wolford said from her bedroom window she could see straight across to where Toney used to live. She testified that she saw a car leave the Toney residence in the early morning hours of August 14, 1999. This is the date Skaggs disappeared.

Franklin Daniels attended a party at the home of Toney's neighbor. Daniels testified that Jonathan Skaggs attended that party, also. This was the last time Skaggs was ever seen alive. But Daniels said no law enforcement officer ever interviewed him.

Shaun David Tincher testified that he attended the same party and Skaggs was there. Tincher said he "helped him (Skaggs) down the hill." Later Tincher also said he found a passed out Skaggs in the road. Tincher testified that he took the bottle of liquor Skaggs had, but he left Skaggs in the road.

Months after Skaggs died, Tincher and Mark Lafferty went to the home of Gary Skaggs, Jonathan Skaggs' father. Lafferty and Jonathan Skaggs' uncle, Charles Garland Keenan, "exchanged punches," Tincher testified.

Lafferty and Tincher fled the Skaggs' home on Tincher's four-wheeler. Police accused Keenan of shooting at the fleeing pair and fatally wounding Lafferty who was on the back. Keenan is also now dead. In the original police report filed April 19, 2000, a Fayette County deputy wrote that he believed the Lafferty death stemmed from seeking revenge in the Skaggs case.

Prosecutors asked Tincher no questions at the Tuesday hearing. Although almost a dozen people took the stand, prosecutors chose not to cross examine most of them.

On several occasions, prosecutors also stipulated agreements with the defense on what witnesses might say if they were called to the stand. At the close of the hearing, prosecutors offered no evidence.

After his death in 1999, no one was charged with Skaggs' death until 2015.

Fayette County Prosecutor Larry Harrah told Judge Hatcher that he took office in 2015. Hatcher said it puzzled him why no one had ever spoken to the two prosecutors who held the job before Harrah and were in office at the time of the deaths of Skaggs and Lafferty. The judge suggested that the two prosecutors might have information "to fill in the gaps" for the years when nothing was done with the case.

No expert ever determined the cause of Skaggs' death. That lack of knowledge hampered the case. But Stanton maintains there was no new evidence to give a grand jury when Toney was indicted in 2015. Stanton argues that the delays in the case and the large number of dead witnesses make it impossible for Toney to get a fair trial.

The judge asked both sides to prepare their conclusions of law from the Tuesday hearing and have those ready in thirty days.

Susan Williams is a retired Gazette-Mail reporter.

Friday marked one year since workers found a man's remains under the New River Gorge Bridge.

Thanks to a DNA analysis by the Federal Bureau of Investigation, it's now known the skeletal remains belonged to Robert Kovack, said Sgt. K.D. Horrocks, of the West Virginia State Police detachment in Oak Hill.

Kovack was a 24-year-old Virginia Tech graduate student from Marion County who went missing Sept. 18, 1998.

Thick brush and steep hills kept the remains hidden until 2016, when a work crew traveled under the bridge to do repairs.

Authorities are also coming closer to the cause of his death. An examination by the state medical examiner's office and the Smithsonian revealed a large impact killed Kovack.

"Which indicates he may have been struck by a vehicle while on the bridge," Horrocks said.

Kovack was last seen on a surveillance video in Blacksburg, Virginia, and authorities found his car near the bridge in Fayette County five days later.

Horrocks said investigators found Kovack's drivers license with the remains, and the DNA results confirmed their assumptions.

The case is still under investigation and anyone with information can call the Oak Hill detachment at 304-469-2915.

Reach Giuseppe Sabella at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or @Gsabella on Twitter.

A tentative settlement agreement has been reached between the West Virginia State Police and the parents of a teen killed by a trooper nearly three years ago in Mercer County.

The trial in the lawsuit filed by the parents of Timothy Hill, 18, had been set to begin this week in Kanawha County Circuit Court.

Instead, lawyers in the case notified Judge Jennifer Bailey late last week about a proposed settlement agreement. Bailey will have to approve of the settlement, because the lawsuit contains allegations of wrongful death.

Nothing reflecting the proposed agreement has been filed in the case yet. It was confirmed by Mike Olivio, one of the attorneys representing Hill's parents.

Hill was unarmed when Senior Trooper B.D. Gillespie shot and killed him in the early hours of June 13, 2014, during a struggle at the foot of Hill's driveway in Kegley, an unincorporated community in Mercer County. During the struggle, Gillespie said, Hill reached for his gun. Hill was shot twice, once in the head and once in the chest.

About a year after his death, Hill's parents, Michelle and Robert Hill Jr., filed their lawsuit against Gillespie and the State Police, alleging that Gillespie acted maliciously and in reckless disregard of Hill's rights.

The Hills, who are represented by Olivio, Stephanie Mullett and the Bert-hold law firm, also alleged that the State Police does not properly investigate killings involving its officers. The investigation of Gillespie, as is usually the case, was led by fellow troopers.

"The case against Trooper Gillespie and the West Virginia State Police has been resolved by mutual agreement," Olivio said. "While nothing can replace the loss of their son, the Hill family is satisfied with the outcome of the case."

A Mercer County grand jury in 2014 chose not to indict Gillespie after the investigation led by a fellow trooper and then-Mercer Prosecuting Attorney Scott Ash.

Hill lived on the same street as Gillespie and had at least one previous run-in, concerning Hill riding a dirt bike in the street. About four months before her son was killed, Michelle Hill told a Mercer sheriff's deputy that Gillespie was harassing her son. The Hills said Gillespie watched their son with binoculars and recorded him with a video camera.

The 1 a.m. confrontation that led to Hill's shooting concerned some wet underwear two others had thrown on Gillespie's police cruiser as a prank after they went swimming.

Angela Gillespie woke her husband at about 11:30 p.m. and told him she had discovered the underwear on his cruiser and had seen a group of boys in their driveway. She then got in her vehicle and went searching for the boys.

After she returned, Gillespie, who had worked a 14-hour shift earlier that day, put on his uniform and called to place himself on duty. He searched for about two hours before finding three teenagers walking in the street.

After questioning the three, who all denied throwing the underwear, the trooper dismissed the two Hill was with to question Hill alone.

It was during that questioning that Gillespie decided to arrest Hill.

When Gillespie grabbed Hill's arm, Hill jerked away, cursed at him and went to "jolt off," according to a trooper's report on the investigation into the shooting.

Gillespie said he then sprayed Hill in the face with pepper spray from a distance of about 6 inches, but it didn't have any effect on Hill.

Clark Crews, a neighbor who was sitting on his porch, ran over and asked Gillespie if he needed help. Crews said he immediately felt the effects of the pepper spray.

Crews pulled at Hill's arm and all three men fell down a hill into a drainage ditch. It's then, Gillespie contends, that Hill began grabbing on his holster.

Last month, Bailey refused to throw out the lawsuit based on a motion by the State Police requesting summary judgment.

The State Police and Gillespie argued that they should be entitled to qualified immunity, which protects officers of state agencies and boards from being sued.

Attorney Gary Pullin, who represented the State Police, withdrew a notice of his intent to appeal Bailey's ruling on the summary judgment motion.

Pullin couldn't be reached for comment Tuesday evening.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.

Two years after surrendering his license to practice law in West Virginia, a former Charleston lawyer has been named in a 21-count indictment charging him with embezzlement by misuse of fiduciary.

Robert Michael Martin pleaded not guilty to the charges during an arraignment this week in Kanawha County Circuit Court. His license to practice law was annulled in 2015, according to a state Supreme Court order, which shows Martin agreed not to fight the recommendation of a lawyer disciplinary board.

Martin has not been arrested and will await trial at home. Circuit Judge Charles King on Monday set a July 10 trial date and allowed Martin to leave the courthouse on a $25,000 personal recognizance bond.

The indictment alleges 21 of Martin's former clients were never properly paid after their civil cases were resolved.

In those cases Martin "did unlawfully, feloniously, willfully and with the intent to defraud misuse and misappropriate the funds" of at least $1,000, the charging document states.

Assistant Kanawha Prosecutor Rob Schulenberg said Tuesday that the prosecutor's office, along with the West Virginia State Police and the state Insurance Commissioner have been investigating Martin for the past two years.

The indictment states that State Police Sgt. Leslie Boytek gave testimony on Martin before a grand jury in Kanawha.

The allegations contained in the indictment resemble claims brought in more than 10 lawsuits filed against Martin in Kanawha, Raleigh and Wayne counties by former clients.

Ethics charges filed by the state Office of Disciplinary Counsel, which led to Martin surrendering his law license, also included allegations of embezzling from clients.

An indictment is not a finding of fact. It means only that a grand jury believes there's enough evidence to warrant a jury trial.

Martin, who couldn't be reached for comment Tuesday, is represented by Charleston lawyer Trent Redman. Redman declined comment.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.