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Man shot in foot in Charleston

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By Staff reports

A man was shot in the foot in Charleston on Wednesday night, according to a Kanawha County Metro 911 dispatcher.

He was taken to CAMC General Hospital.

The man did not say who had shot him, and police have not made an arrest, the dispatcher said. Charleston Police Department is investigating.

A woman reported the shooting from 103 Lovell Drive at about 10 p.m.


Fires set in Morgantown hit 14-year low

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MORGANTOWN, W.Va. (AP) - The city of Morgantown last year saw its lowest number of malicious fires since 2001.

City Manager Jeff Mikorski says 67 fires were set in trash bins and in the street in 2015, down from 122 such fires in 2014.

Morgantown adopted ordinances last year banning upholstered furniture from being placed on porches and other outdoor areas. Fire marshals also were granted arrest authority at fire scenes.

Mikorski says West Virginia University also has taken steps to change student behavior and encourage responsibility.

WVU students have a long history of fires and mayhem after big athletic events. A few years ago police began using Facebook, Twitter and other social media to identify suspects.

New police communication policy aims to tackle drug problems

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HUNTINGTON, W.Va. (AP) - Huntington city council members want to open new lines of communication for police in an attempt to tackle the city's drug problem.

WCHS-TV reports council members are working on bringing the Appalachian High Intensity Drug Trafficking Area and the Huntington police force into the same communication channels. The Appalachian High Intensity Drug Trafficking Area currently helps connect federal groups such as the FBI with local and state police.

Councilman David Ball is sponsoring an ordinance he says would allow officials to share more information throughout the country and will also help them keep track of high-profile dealers that come to Huntington from different states.

Huntington's drug policy council director Jim Johnson says involving the federal government is beneficial because local governments don't have the resources that federal agencies do.

Woman shoots husband in Davis Creek, calls 911, police say

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A woman in the Davis Creek area of Kanawha County shot her husband on Thursday morning and then called 911 to report it, deputies said.

Deputies detained the woman, and the man was taken from the area to a hospital, Kanawha Sheriff's Sgt. Brian Humphreys said.

Neither party were identified by name. The man's condition was not available Thursday afternoon.

The shooting was reported to Kanawha Metro 911 at 11:42 a.m. The address given was 50 Matchlock Road in Davis Creek and four people were in the house, according to 911 dispatchers.

Neighbors called 911 to report hearing gunshots, Humphreys said in the news release.

Kanawha sheriff's detectives are investigating. It wasn't immediately clear if charges would be filed in the matter.

Man who allegedly revealed informant's name indicted

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Kanawha County grand jurors have found probable cause to indict a Charleston man on a charge of retaliation after he allegedly posted the name of a confidential police informant on social media.

Andre Gerard Lee, 30, was also indicted on a drug charge Thursday by a Kanawha grand jury. Prosecutors say Lee posted copies of pages from an information packet containing the name of a confidential informant - who gave police information about Lee.

Lee allegedly obtained the packet from Tracie Jones, who prosecutors charged with selling drugs to the informant. Jones' attorney, Sarah Whitaker, a Kanawha public defender, gave a copy of the packet to Jones for review while the two met to discuss Jones' case. Whittaker, however, told Kanawha Circuit Judge Tod Kaufman that she forgot to take back the information from Jones at the conclusion of their meeting.

Lee posted numerous photos of the packet with captions like "I'd be ashamed of myself," "exposed" and "cheap whore." The photos show the name of the informant, his address and some of the rules for informants and potential cash rewards for providing police with useful information.

The packet also lists Lee and Jones as "targets." Marijuana is written next to Lee's name, while prescription pills is written next to Jones.

Defendants have the right to inspect evidence prosecutors plan to use against them and to know who could possibly testify against them, but defense attorneys are barred from releasing to defendants the physical copies of any information relating to confidential informants.

Upon being notified that the confidential informant's name had been released on Dec. 10 online, Kaufman held a hearing Dec. 15, in which he removed Whitaker as Jones' attorney. Earlier this month, Kaufman held another hearing and ordered Whitaker to pay $50. Whitaker and her colleagues at the Kanawha Public Defender's Office agreed to no longer photocopy confidential informant packets.

Lee is set to be arraigned on the charges Feb. 9 in front of Kanawha Circuit Judge Charles King.

In all, a Kanawha grand jury returned indictments against 58 defendants this week, Prosecuting Attorney Charles Miller announced.

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

Arraignments will be held as follows:

n Judge Jennifer Bailey, Feb. 3, 9 a.m.

David Allen Eskew, 36, of St. Albans, fleeing in vehicle with reckless indifference to the safety of others and child neglect creating substantial risk of serious bodily injury and death.

n Judge Charles King, Feb. 9, 1:30 p.m.

David C. Alexander, 60, of Charleston, failure to register as a sex offender; Whitney Brooke Cochran, 27, of Marmet, child neglect creating substantial risk of serious bodily injury; James Ralph Cook III, 54, of Charleston, burglary; Jamie Ann Hall, 45, of Hurricane, grand larceny; Bambi Johnson, 42, of Dunbar, forgery and uttering; Andre Gerard Lee, 30, of Charleston, drug charges and retaliation; April R. Rucker, 26, of Poca, drug charges; Susan Marie Scott, 52, of St. Albans, fleeing while DUI, fleeing with reckless indifference to the safety of others, second offense DUI and driving while license revoked for DUI; Aniquejean D. Williamson, 27, of Charleston, drug charges.

n Judge Duke Bloom, Feb. 3, 9:30 a.m.

Thomas Newton Belcher, 65, of Charleston, failure to register as a sex offender; William Joseph Blake, 27, of Powellton, burglary and grand larceny; Angela Dawn Young, 35, of Powellton, burglary and grand larceny; Laurence Michael Brown, 30, of Dry Branch, burglary and petit larceny; John Robert Essex, 57, of Charleston, fourth-degree arson; Douglas Lee Landers, 35, of Point Pleasant, wanton endangerment; Heather Renee Marchal, 30, of Tad, forgery and uttering; Charles Mobley, 50, of Charleston, cultivation; Keith Grant Morris II, 27, of Winston Salem, North Carolina, drug charges; Franklin Lee Proctor II, 28, of London, drug charges; Victor Louis Rogers, 59, of Charleston, forgery and uttering and embezzlement; Rodney Dale Snead, 55, of Charleston, embezzlement.

n Judge Tod Kaufman, Feb. 8, 1 p.m.

William Edward Byers, 39, of Elkview, drug charges; Theresa D. Coles, 37, of Charleston, drug charges; Kristine Hackney, 33, of Charleston, drug charges; Edward Dewayne Jones, 43, of Charleston; drug charges.

n Judge James Stucky, Feb. 3, 10 a.m.

Stephen Cortez Belcher, 43, of Charleston, third offense domestic battery; Dana Willis Clark II, 32, of Chesapeake, second-degree robbery; Adam Harmon, 32, of Charleston, drug charges; Matthew Ryan Hunt, 29, of Belle, burglary, domestic assault, possession of stolen vehicle and fleeing in vehicle with reckless indifference to the safety of others; Thomas Leon Johnson, 42, of Chesapeake, burglary, second offense domestic battery, destruction of property and second offense violation of domestic violence protective order; Joshua Corey Longerbeam, 26, of Charleston, breaking and entering of an automobile, petit larceny, fraud and related activity in connection with an access device, breaking and entering and grand larceny; Thomas Edward Lucas, 47, of Nitro, drug charges; Melissa Higginbotham, 42, of Nitro, drug charges; Nancy Jane McCallister, 24, of Charleston, drug charges; Shawn Eldon Moore, 29, of Charleston, drug charges; Jason Daniel Payne, 33, of Alum Creek, grand larceny, fraud and related activity in connection with an access device and third offense shoplifting; Melissa Ann Mullins, 39, of Charleston, grand larceny; David Mullins, 41, of Charleston, grand larceny; Kimberly Ann Rhodes, 48, of Cross Lanes, first-degree robbery; Edward Lee Spaulding, 61, of Cedar Grove, drug charges; Lloyd Jennings Wilson Jr., 46, of Shrewsbury, grand larceny.

n Judge Joanna Tabit, Feb. 10, 2:30 p.m.

Ronnie Lee Adams Jr., 33, of St. Albans, wanton endangerment; Javen Demitrius Call, 20, of Charleston, drug charges, carrying a dangerous, deadly weapon and obstruction; Joseph Alan Campbell, 30, of Charleston, breaking and entering and destruction of property; Keith Eugene Estep, 32, of Charleston, breaking and entering, grand larceny and transferring and receiving stolen property; Dominicia Farris Harper, 30, of Montgomery, malicious wounding; Sean Wayne Means, 22, of Charleston, drug charges; Timothy Alan Ward, 33, of Buffalo, fraud and related activity in connection with an access device; Randall Douglas Woods, 60, of Charleston, wanton endangerment.

n Judge Carrie Webster, Feb. 17, 10 a.m.

James Michael Bostic, 24, of Charleston, grand larceny; Lakisha M. Hairston, 34, of Charleston, drug charges; Ryan Knight, 28, of Charleston, burglary; Tabitha Johnson, 24, of Charleston, burglary; Christopher Tyrone Perkins, 30, of Dunbar, drug charges; Dammien Jarrell Thomas, 35, of Charleston, third-offense shoplifting; Mariah Christy Young, 22, of Charleston, child concealment.

Two stabbed on West Side, dispatchers say

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By Staff reports

Two people were stabbed on Charleston's West Side at about 7 p.m. Thursday.

The incident happened at the intersection of Red Oak Street and Hendrix Avenue, according to Kanawha Metro 911. The severity of their injuries was unclear, but dispatchers said it didn't sound life threatening.

Charleston police were looking for one suspect Thursday evening, according to dispatchers.

Person shot in knee in Charleston

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By Staff reports

A person was shot in the knee in Charleston Thursday night, according to a Kanawha County Metro 911 dispatcher.

The shooting was reported at about 8:20 p.m.

Police responded to the intersection of Bream Street and Madison Street.

They were looking for a four-door gray car, according to the dispatcher.

The shooting was reported by a friend of the caller.

Man shot during argument in Davis Creek refuses treatment

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By Staff reports

A man who was shot by his wife in the Davis Creek area Thursday refused surgery after receiving what police described as potentially life-threatening injuries.

Sgt. Brian Humphreys, spokesman for the Kanawha County Sheriff's Department, said the man walked out of the hospital instead of staying for treatment.

The man was shot on Matchlock Road in Davis Creek, but there is a disagreement about what transpired before the shooting.

Humphreys said the man who was shot had been abusive in the past toward his wife in the past.

Humphreys said that after the man's wife shot him, she attacked another woman who was in the house. That woman fled on foot following the incident, Humphreys said.

The wife called 911 after shooting her husband, as did neighbors who heard gunshots. The man was taken to the hospital in a personal vehicle, then met by an ambulance.

The wife was questioned by police on the scene, Humphreys said, and the prosecuting attorney will decide whether to bring criminal charges. The Kanawha County Sheriff's Office would not disclose the names of the shooter or others involved on Friday afternoon.


Judge denies motion to stall WVU Tech move, will hear final case in May

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By Samuel Speciale

An immediate injunction preventing West Virginia University from relocating its Institute of Technology was denied Friday by Kanawha County Circuit Judge Duke Bloom, who said plaintiffs and defendants need more time to develop a case that will ultimately determine the beleaguered school's future in Montgomery.

Carl Roncaglione, who filed the motion earlier this month, said not granting a restraining order would allow the university to continue its move, which he argued breaks the law.

In a lawsuit he filed Jan. 15, Roncaglione and clients Dorothy Phillips and William Willis say WVU failed to follow laws requiring its Board of Governors to implement a revitalization plan for WVU Tech. They also say statute requires WVU Tech to remain in Montgomery. The college will move to Beckley in 2017.

Urging Bloom to grant his motion, Roncaglione argued relocation is already happening.

"They're literally abandoning it," he said of the Montgomery campus. While the university will continue offering classes there as the move is completed in stages, preparations of the Beckley campus are underway.

Roncaglione said each day WVU continues the move harms the future of the Montgomery campus, which he claims has been decimated.

Bloom said he is sympathetic to Montgomery citizens who are worried about the relocation, but doubted allowing the case more time would cause irreversible damage.

"I don't see anything happening in the next 60 to 90 days," he said.

Bloom set a final hearing date in May and promised he'd make a prompt decision.

By then, proposed legislation could remove from code the very language the lawsuit uses to support its claims.

Earlier this week, two bills were introduced by state Senate and House Republicans and Democrats. If passed into law, they would change existing code mandating WVU to develop a capital improvement plan and strike out a line regarding WVU Tech's location in Montgomery.

The pending legislation loomed over discussions Friday. It complicates Roncaglione's case and clears a legal hurdle for WVU.

When asked what plaintiffs would do if the bill passed, Roncaglione said, "We'll get to that when we get to that."

In denying the motion, Bloom allowed Roncaglione and Jeff Wakefield, who is representing the WVU Board of Governors, 60 days for discovery.

When asked if 90 days was enough time, Wakefield said that would give both sides enough time to see how pending legislation plays out.

Before proceedings Friday, Bloom disclosed potential conflicts of interest and asked both sides if they would want him to recuse himself from the case. Bloom said his daughter is an employee and faculty member of the West Virgina University's School of Medicine and that he was part of a committee to select a law college dean.

Neither Roncaglione or Wakefield objected to Bloom presiding over the case.

Plans to relocate WVU Tech were made public in August after years of speculation the Montgomery school would close or move. On Sept. 1, the university board unanimously approved the move.

Unless the move is stopped in court, WVU Tech will relocate in 2017. Starting this fall, first-year students will be admitted to the Beckley campus. Sophomores, juniors and seniors, however, can finish their degrees in Montgomery.

Reach Samuel Speciale at sam.speciale@wvgazettemail.com, 304-348-7939 or follow @samueljspeciale on Twitter.

Man will stand trial on murder charge in 2014 West Side killing

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By Staff reports

Ricky Steve "Gypsy" John will stand trial in May on first-degree murder and drug charges.

John appeared in front of Kanawha Circuit Court Judge Carrie Webster on Friday for a plea hearing, but changed his mind and decided he wants to go to trial instead, his attorney Shawn Bayliss told the judge.

John, 41, is accused of killing Winston Thomas in December 2014 on Charleston's West Side. Thomas, 47, was shot to death in front of his home on Hunt Avenue.

Bayliss said he worked for months with prosecutors to negotiate a deal for John.

"We came close," he told Webster on Friday.

According to prosecutors, John and Tommissina Brooks, 29, went to Thomas' home to purchase marijuana.

Brooks went into the house first, assistant Kanawha prosecutor Maryclaire Akers said. John later knocked on the door, went inside and a fight started. The fight eventually spilled out onto the street, Akers said.

Thomas called Kanawha Metro 911 after being shot. He died while on the phone with dispatchers, Akers said.

Brooks also was indicted on a murder charge, but it was dismissed last year when she took a deal with prosecutors and said she would cooperate in their case against John. She pleaded guilty to conspiracy to deliver a controlled substance but won't be sentenced until John's case is concluded.

Two shot in Kanawha City

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By Staff reports

Two people were wounded during a shooting at a Kanawha City intersection Saturday afternoon.

The incident happened just after noon at the intersection of Maccorkle Avenue and 46th Street, said Lt. Steve Cooper, chief of detectives for the Charleston Police Department. Cooper said a black male driving a black BMW shot into the car that Jatally Williams, 24, of New York, and Anique Williamson, 27, of Charleston, were driving in. The vehicles were stopped at a traffic light, Cooper said. Williams was struck in the arm and Williamson's head was grazed, Cooper said.

Both are listed in stable condition with injuries that are not life-threatening, Cooper said. Both have refused to cooperate with detectives, he said.

"We believe the victims and the suspect were known to each other," Cooper said.

Cooper said reports about a carjacking related to the incident are not true.

Man robs Beckley convenience store, police say

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By Staff reports

A man robbed a Beckley convenience store early Saturday morning, according to a news release from the Raleigh County Sheriff's Office.

The incident happened around 3:45 a.m. at the Little General Store at Nell Jean Square at 4223 Robert C. Byrd Drive. A store clerk said a man entered the store, brandished a weapon and demanded money. The suspect got away with an undisclosed amount of cash, police say.

Crime Report: Jan. 31, 2016

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The following crimes were reported to the Charleston Police Department between Jan. 21 and 27:

East District:

Virginia Street East 1000 block, petit larceny, Jan. 21, 8:30 a.m.

Richard Street 900 block, burglary, Jan. 21, 8:11 p.m.

Morris/Piedmont, robbery, Jan. 21, 8:12 p.m.

Morris Street 500 block, breaking and entering auto, Jan. 22, midnight.

Scenic Drive 900 block, breaking and entering auto, Jan. 25, noon.

Charleston Town Center, shoplifting, Jan. 25, 8:25 p.m.

Lee Street East 1500 block, injuring vehicle, Jan. 26, 2 a.m.

Quarrier Street 200 block, shoplifting, Jan. 26, 2:30 p.m.

Washington Street East 1300 block, shoplifting, Jan. 27, 6:30 p.m.

Washington Street East 1300 block, shoplifting, Jan. 27, 9:45 p.m.

South District:

Oakmont Road 1200 block, petit larceny, Jan. 21, 12:01 a.m.

MacCorkle Avenue Southeast, shoplifting, Jan. 21, 3:33 p.m.

Noyes Avenue 4200 block, breaking and entering, Jan. 21, 4 p.m.

MacCorkle Avenue 3800 block, shoplifting, Jan. 21, 5 p.m.

MacCorkle Avenue 6500 block, shoplifting, Jan. 21, 5:35 p.m.

Oakwood Park and Ride, breaking and entering auto, Jan. 22, 7:30 p.m.

Huber Road/Northwood, Malicious wounding, Jan. 22, 11:29 p.m.

Huber Road, Northwood, wanton endangerment, Jan. 22, 11:29 p.m.

Venable Avenue 5200 block, grand larceny auto, Jan. 23, 4 a.m.

68th Street 300 block, domestic assault, Jan. 23, 4 a.m.

Washington Avenue 5200 block, breaking and entering, Jan. 23, 5 p.m.

Washington Avenue 5200 block, grand larceny auto, Jan. 23, 5 p.m.

Alex Lane 100 block, breaking and entering auto, Jan. 24, 9 p.m.

Fledderjohn Road 1100 block, shoplifting, Jan. 25, 1:30 p.m.

MacCorkle Avenue 3100 block, petit larceny, Jan. 26, 3:45 a.m.

MacCorkle Avenue Southeast 6300 block, breaking and entering auto, Jan. 26, 1:42 p.m.

MacCorkle Avenue 3800 block, shoplifting, Jan. 26, 4:05 p.m.

West District:

Ohio Avenue 500 block, robbery, Jan. 21, 11 a.m.

Washington Street West 600 block, shoplifting, Jan. 21, 1:20 p.m.

7th Avenue 3100 block, burglary, Jan. 21, 2 p.m.

Delaware Avenue 500 block, shoplifting, Jan. 21, 9 p.m.

Madison Avenue 1400 block, burglary, Jan. 22, 12:32 a.m.

Wyoming Street 300 block, petit larceny, Jan. 22, 4:30 a.m.

Falcon Drive 500 block, grand larceny, Jan. 22, 8:10 p.m.

Delaware Avenue 500 block, shoplifting, Jan. 23, 8:04 p.m.

26th Street West 400 block, assault, Jan. 23, 8:20 p.m.

Red Oak Street 1500 block, petit larceny, Jan. 24, 4 p.m.

Hunt Avenue 400 block, domestic assault, Jan. 25, 1:05 a.m.

Bigley Avenue 1600 block, burglary, Jan. 25, 10:30 a.m.

Washington Street West 1500 block, shoplifting, Jan. 25, 3 p.m.

4th Avenue 1700 block, shoplifting, Jan. 25, 6 p.m.

Beech Avenue 1000 block, burglary, Jan. 25, 7:19 p.m.

Beech Avenue 1000 block, wanton endangerment, Jan. 25, 7:19 p.m.

Glenwood Avenue first block, petit larceny, Jan. 25, 8 p.m.

4th Avenue 1900 block, breaking and entering auto, Jan. 25, 11:15 p.m.

Washington Street West 1500 block, shoplifting, Jan. 26, 2:30 p.m.

Washington Street West 1500 block, petit larceny, Jan. 26, 3:40 p.m.

7th Avenue 2900 block, breaking and entering auto, Jan. 26, 5:27 p.m.

Crescent Road 700 block, burglary, Jan. 26, 10:30 p.m.

Glenwood Avenue/Grant Street, malicious wounding, Jan. 27, 9:55 p.m.

On file: Jan. 31, 2016

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Marriages

The following people filed for marriage licenses in Kanawha County between Jan. 22 and 28:

Jonathan David Endicott, 34, and Sarah Ann Endicott, 32, both of St. Albans.

Kerel Christian Whitehead, 29, and Emily Jean Thayer, 30, both of Cross Lanes.

Wesley Kent Halstead, 25, of Huntington and Brittany Anjelica Davis, 29, of South Charleston.

James Arthur Harkless, 49, and Theresa Marie Butler, 47, both of Charleston.

Robert Earl Holmes, 36, of Elkview and Courtney Michelle Raynes, 30, of Hurricane.

Henry Elton Adams, 66, and Junetta Mae Skeen, 63, both of Nitro.

Divorces

The following people filed for divorce in Kanawha County between Jan. 21 and 28:

Amy Jo Holdren from Christopher Steven Holdren

Patric Michael Cole from Brittany Lynn Cole

Jessica Dawn Gunnoe from Ben Edward Cantrell Jr.

Blanca Fe Valentine-Wright from Mark A. Wright

Erin Louise Tierney-Ryan from Zachary Brooke Ryan

Osel Ortiz from Carla Claire Roberts-Ortiz

Vada Marie Spencer from Robert Edward Spencer

Property Transfers

The following property transfers of $50,000 or more were recorded in Kanawha County between Jan. 21 and 28:

John E. Lovejoy to Norma Thomas. Lot, Union District, $58,000.

Gerva and Lloyd Coleman to Appalachian Power Co. Tract, Charleston, $195,000.

Thompson E. and Kelly Mott Pearcy to Laura K. Kimble and Sarah A. Kimble. Lot, Loudon District, $1,225,000.

Rhonda A. Gillis to Annie E. Jones. Lot, Dunbar, $92,500.

General Corporation to AEP West Virginia Transmission Company Inc. Tract, Charleston, $324,675.

Phyllis L. Wood to Pamela D. Tincher. Lot, Jefferson District, $82,000.

Carrel L. Page to Etta K. McDonald. Lot, Loudon District, $172,000.

David A. Nary Jr. and David A. Nary Sr. to Chris S. and Sara D. Hypes. Lot, Elk District, $130,900.

Eric W. and Jessica McClain to Courtney M. Priddy. Lots, Charleston, $85,000.

Barry W. and Julie D. Wilson to Patrick Ryan Adkins and Jessica Lee Potter-Adkins. Parcels, South Charleston, $120,000.

Jerry G. Kerns II to James L. II and Melinda L. Anderson. Lot, Jefferson District, $179,000.

James D. Dodd to Mary H. Woods. Lot, Elk Tax District, $53,000.

Richard E. II and Allison D. Boggess to Marie A. McDavid. Lot, Union District, $267,500.

John F. Jr. and Elizabeth D. Nelson to DC Simpson Properties LLC. Lots, Charleston, $165,000.

Rick Edward Hunter to Walker and Stevens LLC. Lot, Charleston, $125,000.

Seneca Trustees Inc. to Brent E. Mallory. Lot, St. Albans, $50,005.

Whirlwind Properties LLC to Jarrod R. Farrar. Lot, Charleston, $118,500.

Robert L. Freidman to Jason E. and Cheryl Ayunnah Billups. Lot, Charleston, $77,500.

Seneca Trustees Inc. to Wells Fargo Bank. Lot, Elk District, $91,800.

Thomas T. Kirk to Talbott Properties LLC. Lot, Charleston, $56,500.

Brittany and Christopher B. Thacker to Michael K. and Tara Nicole Cadle. Lot, Union District, $145,000.

Sharon L. Given to Shea M. James. Lot, Elk District, $125,000.

James A. Williams, Bobbie Joe Risner, Christina L. Williams and Thomas E. Williams Jr. to Donald Brian Moore. Lot, South Charleston, $82,500.

Seneca Trustees Inc. to Wells Fargo Bank N.A. Lot, Jefferson District, $67,150.

Tiffney L. and David E. Bess to Dakoda S. and Lindsay Chattin. Lot, Union District, $154,000.

Jennifer Spangler to Caleb D. Lucas and Audra E. Praskwiecz. Lot, Charleston, $150,000.

Thelma O. Rose to Appalachian Power Company. Tract, Charleston, $90,000.

Kevin D. and Melissa A. Jones to Chad Colt and Kimberly A. Board. Parcels, Elk District, $182,000.

Joyce Jean Haynes to Appalachian Power Company. Tract, Charleston, $90,000.

Thomas G. and Carol A. Casto to Alexander F. and Beth H. Todd. Parcels, Charleston, $175,000.

Jennie G. Bowling to Jennifer L. and Daniel L. Cohn. Lot, South Charleston, $202,500.

Mollie J. Ryan to John P. Jr. and Phyllis J. Kirchner. Lot, Marmet District, $80,000.

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 Jan. 21 and 29:

Leroy and Deloris Ann Workman, Accoville, Chapter 7. Assets: $90,189, Liabilities: $66,599.

Brian Keith Worix, Fayetteville, Chapter 7. Assets: $63,415, Liabilities: $73,128.

Kevin Edward Hopeck, Belle, Chapter 7. Assets: $29,441, Liabilities: $46,276.

James Boyd Smith, South Charleston, Chapter 7. Assets: $73,600, Liabilities: $110,630.

Wilma Jean Smith, South Charleston, Chapter 7. Assets: $70,000, Liabilities: $134,172.

David Alan and Bridgett Nicole Perdue, Nitro, Chapter 7. Assets: $147,600.00, Liabilities: $151,811.

Stanley Irvin and Heather Dawn Walden, South Charleston, Chapter 7. Assets: $114,294, Liabilities: $135,722.

LaceyAnn Chardonnay Hazel, Charleston, Chapter 7. Assets: $15,302, Liabilities: $17,855.

Jessica Elaine Stacy, Mallory, Chapter 7. Assets: $59,223, Liabilities: $46,541.

Charles Edward Lakatos, Holden, Charleston, Chapter 7. Assets: $25,109, Liabilities: $16,138.

Penny Gail Gordon, Lake, Chapter 7. Assets: $81,654, Liabilities: $9,249.

Richard Ayers II and Elizabeth Dawn Moss, St. Albans, Chapter 7. Assets: $150,748, Liabilities: $166,704.

Robert Basil Atkins Jr., Williamson, Chapter 7. Assets: $80,350, Liabilities: $120,088.

Bernie Dan and Lois Carolyn May, Danville, Chapter 7. Assets: $62,783, Liabilities: $80,334.

Steven Larry Myers, Charleston, Chapter 7. Assets: $35,500, Liabilities: $78,669.

Jeremy Dean and Stephanie June Melton, Bomont, Chapter 7. Assets: $70,688, Liabilities: $78,707.

Drexal Alan and Karen Lynn Fowler, Chapmanville, Chapter 7. Assets: $63,950, Liabilities: $73,595.

Jason Theodore Pemberton, Lochgelly, Chapter 7. Assets: $13,458, Liabilities: $45,960.

Chad Anthony and April Anne Rogers, Nitro, Chapter 7. Assets: $87,368, Liabilities: $280,425.

Michael Scott Thomas, Charleston, Chapter 7. Assets: $25,777, Liabilities: $64,866.

Randall DeWayne and Marianna Michael, Comfort, Chapter 7. Assets: $23,655, Liabilities: $34,077.

Doraline Winifred Moore, Rainelle, Chapter 7. Assets: $67,175, Liabilities: $52,192.

Annie Maragret Sweeney, White Sulphur Springs, Chapter 7. Assets: $96688, Liabilities: $113,535.

Sean Lee Akers, Coal City, Chapter 7. Assets: $21,509, Liabilities: $49,149.

Clyde Robert Smith, Bradley, Chapter 7. Assets: $44,579, Liabilities: $36,782.

Jason Karl and Rachel Adrianna Weiss, Lewisburg, Chapter 7. Assets: $244,550, Liabilities: $241,317.

Amanda Lee Cooper and Donna Renee Frye, Branchland, Chapter 13. Assets: $78,230.00, Liabilities: $161,671.

Clifford Ray and Patsy Evangeline Mills, Alderson, Chapter 13. Assets: $235,000, Liabilities: $222,071.

Ex-vice president sues WVSU over firing

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By Kate White

The former vice president of business and finance for West Virginia State University is suing the school, claiming he was fired after raising concerns about the process used to hire a company to help with recruitment and enrollment.

William H. Featherstone, who held the vice president position for only a little less than a month, filed the lawsuit in Kanawha Circuit Court last week under the state's whistleblower law. Featherstone alleges that WVSU President Brian Hemphill fired him in retaliation for questioning Hemphill's judgment.

In a letter attached to Featherstone's complaint, Hemphill wrote on July 31 that Featherstone's termination came after Hemphill lost confidence in his ability to perform what his job required of him.

Attorney Tom Kleeh, who is representing the university, hadn't seen a copy of the lawsuit earlier this week, but said that school officials stood by Hemphill's decision to terminate Featherstone's employment.

"After his unprofessional and inappropriate conduct interacting with a supervisor and using profane language," Kleeh said the "university will vigorously defend against whatever allegations that Mr. Featherstone brings."

According to the lawsuit, Hemphill said that when he asked Featherstone a tough question, which he didn't know the answer to, Featherstone raised his voice, began cursing and pounded his fist on a desk. Featherstone's lawsuit says that nothing like that ever happened.

Instead, Featherstone claims Hemphill was the one who was aggravated with him for trying to ensure that the school was following recommendations that had been recently made after a state audit.

Featherstone "was concerned this might get them involved in the same types of problems the audit had just gotten them in," Walt Auvil, Featherstone's attorney, told the Gazette-Mail last week.

Shortly after he was hired July 1, Featherstone, according to his lawsuit, reviewed audit reports that had been conducted by the state Legislative Auditor of the West Virginia State University Research and Development Corporation. The Research and Development Corporation, which is governed by a separate board of directors from the school, was established by the Legislature in 1991 to act as an additional fiscal agent to support West Virginia State.

The audit reviewed a year's worth of information between 2008 and 2009 and found several instances where the school hadn't complied with state law, according to Featherstone's complaint. University officials agreed to follow the auditor's recommendations, according to the lawsuit.

But when school officials went to hire a company to assist with recruitment and enrollment efforts, Featherstone said he believes the auditor's recommendations weren't being followed.

Despite Featherstone's concerns, Hemphill refused to seek advice from the Higher Education Policy Commission, as Featherstone suggested, according to the lawsuit.

"We don't do that here. We do not go outside to seek advice from others. We make all decisions in-house," the lawsuit alleges Hemphill said.

"President Hemphill appeared to be agitated with the Plaintiff and stormed out of the Plaintiff's office with the concluding statement in a loud tone of voice: 'Outsource it then!'" the complaint states.

Featherstone's lawsuit says he believed he had a fiduciary duty to ask questions about the contract.

During a meeting on July 29, the day Featherstone was fired, Hemphill told Featherstone that officials and other school employees "feared for their lives" as a result of Featherstone's tone and actions, according to the lawsuit.

Featherstone believes a letter written to him by Hemphill on Aug. 3, 2015, proves he did nothing wrong that would justify being fired.

The letter, of which a copy was attached to the complaint, requests that Featherstone work as "Special Assistant to the President" at West Virginia State for nearly two months. Featherstone was asked to prepare reports on funding strategies that had proven successful in other states, according to the letter.

"If the guy had really done something wrong, if he had done something really bad to justify being terminated, it seems odd that [Hemphill] would pay him to do anything," Auvil said.

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.


Circuit judge in northern West Virginia set to be sworn in

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KEYSER, W.Va. (AP) - A new circuit judge in northern West Virginia is set to be sworn in.

A ceremony for James W. Courrier Jr. is scheduled for Tuesday afternoon at the Mineral County Courthouse in Keyser.

Gov. Earl Ray Tomblin appointed Courrier in January to succeed the retiring Philip Jordan in the 21st Circuit, which covers Grant, Mineral and Tucker counties.

Courrier began his career in private practice in 1994 after graduating from the West Virginia University College of Law. He served 11 years as assistant prosecutor in Mineral County before becoming chief prosecutor seven years ago.

Freedom's Herzing hopes to avoid jail time

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By Ken Ward Jr.

One of the former owners of Freedom Industries is hoping federal prosecutors will help him avoid any jail time, despite his having admitted to a water pollution crime that carries a mandatory minimum prison sentence, according to a recent federal court filing.

Charles Herzing, former vice president and co-owner of Freedom, argues that he could be sentenced to probation if prosecutors file a motion indicating that Herzing has provided authorities with "substantial assistance" in investigating and prosecuting other cases related to the January 2014 chemical spill that contaminated the Elk River drinking water supply that serves hundreds of thousands of people across the Kanawha Valley region.

Stephen Jory, a former U.S. Attorney representing Herzing, argued in a legal brief filed on Friday that any term or imprisonment for Herzing "would be too severe."

"Mr. Herzing has already learned his lesson of diligence from this prosecution, and incarceration will not serve to provide any further purpose," Jory wrote in the memo, filed in U.S. District Court in Charleston.

U.S. District Judge Thomas E. Johnston is scheduled to sentence Herzing on Tuesday.

Herzing pleaded guilty to a criminal violation of unlawful discharge of refuse, an offense that carries a statutory penalty of "not less than thirty days nor more than one year" imprisonment and a fine of up to $25,000 per day of violation.

Under federal law, judges have a limited authority to impose a sentence of less than normally required by a statutory minimum, but only upon a motion filed by prosecutors and when such a sentence would "reflect a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense." In his sentencing memo for Herzing, Jory suggests several times that such a motion is warranted in his case, but does not explain exactly what sort of "substantial assistance" Herzing provided to federal agents in the Freedom case.

In his sentencing memo for Herzing, Jory also argues that Herzing should not be penalized under a section of federal sentencing guidelines for an offense that "resulted in disruption of public utilities." Jory also argues Herzing should be sentenced using a section of the guidelines for cases involving "other environmental pollutants," rather than a harsher section for cases that involve "hazardous or toxic substances."

Assistant U.S. Attorney Phil Wright did not file a sentencing memo in Herzing's case before Friday's deadline for doing so, and Clint Carte, spokesman for Acting U.S. Attorney Carol Casto, said the office would not immediately comment on its plans for any sentencing recommendations in the Herzing case.

Over the next three weeks, Johnston is scheduled to sentence Freedom and six former Freedom owners and officers on charges related to the Jan. 9, 2014, spill. While Goodwin was still in charge, the U.S. Attorney's office secured seven plea agreements that involve admitting to one or more of three water pollution crimes: Negligent discharge of a pollutant, unlawful discharge of refuse and violation of a Clean Water Act permit condition.

The admitted crimes all concern the spill of MCHM and other chemicals from Freedom's Etowah River Terminal, located just 1.5 miles upstream on the Elk River from West Virginia American Water's regional drinking water intake, which West Virginia American has estimated serves 300,000 people in Charleston and surrounding communities.

Residents and businesses in all or parts of a nine-county area were told not to drink or bathe in their tap water for up to a week, and many residents continued for months not to drink the water because of health concerns. Hundreds of residents sought medical care at hospital emergency rooms - for nausea, skin reactions, vomiting and other problems - and local health officials concluded that 100,000 residents probably experienced similar symptoms.

Freedom admitted that the company did not have the type of Clean Water Act permit that would have been needed to legally discharge MCHM into the Elk River, and prosecutors cited in court records an "institutional failure to recognize and appreciate" the hazards of its storage of MCHM on the riverbank above the Elk. Among other things, federal agents alleged that the company did not properly inspect or maintain Tank 396 - the MCHM tank that leaked - and that Freedom officials knew for years that the tank's concrete block dike wall was so riddled with holes that it would not contain a leak.

The criminal cases focus on a permit that the state Department of Environmental Protection had granted Freedom to regulate the handling of stormwater runoff at the Elk River site. The DEP-issued permit - had it been followed by Freedom or enforced by DEP - required the company to prepare stormwater and groundwater control plans. Those plans, federal officials note, would have in turn required inspections and maintenance of the facility's tanks and spill-control dikes that, if performed, would have prevented the spill or at least contained it from reaching the Elk.

The first of the Freedom sentencings, for former company environmental manager Robert Reynolds, took place Monday afternoon, when Johnston sentenced Reynolds to three years probation and a $10,000 fine.

Reynolds and former Freedom plant manager Michael Burdette reached early plea deals with prosecutors, while others in the case - Herzing, Williiam Tis, Dennis Farrell and Gary Southern - agreed to plea deals only after they were first indicted by a federal grand jury. Burdette is scheduled to be sentenced on Thursday, but his sentencing memo is currently under seal because his lawyer says it contains confidential medical information.

Sentencing in federal criminal cases is determined at least in part by the advisory Federal Sentencing Guidelines and by confidential pre-sentencing investigation reports prepared by the U.S. Probation and Pre-trial Services office.

In the Herzing case, Jory says that he agrees with the probation officer that the applicable sentencing guideline is one that governs "mishandling of other environmental pollutants." That guideline provides for lesser "offense levels" - the numbers that eventually are plugged into a table to determine a range of possible sentences - than another sentencing guideline for "mishandling of hazardous or toxic substances or pesticides." Which guideline is applicable to the case isn't mentioned in Herzing's plea agreement, but prosecutors agreed in plea deals for some other Freedom officials - Reynolds, Burdette and Farrell - that the guideline for "other environmental pollutants" was applicable to those cases.

While federal regulators had never set a pollution limit for MCHM under either the Clean Water Act or the Safe Drinking Water Act, prosecutors have noted in various court filings that Freedom's own documents indicated that MCHM was "harmful if swallowed" and causes "eye and skin irritation" and was considered "hazardous" under U.S. Occupational Safety and Health Administration standards.

Jory also argues that the probation officer in Herzing's case was wrong to increase the offense level - and thus the potential recommended sentence - on the basis of Herzing's crime involving a "continuous discharge," "disruption of a public utility" and "discharge without a permit."

According to Jory, those enhancements to a potential sentence are supposed to be applied only when the offense involved "knowing" conduct, such as might produce a felony conviction. Herzing pleaded guilty to a misdemeanor offense of unlawful discharge of refuse. Under the Refuse Act, no particular showing of state of mind or criminal "intent" or negligence is necessary.

"One might fairly suggest that because the government entered into a plea agreement with Mr. Herzing whereby he pled guilty to a strict liability offense rather than an offense requiring negligent contact as an element, the government regards his degree of negligence, if any, as minor," Jory wrote.

Reach Ken Ward Jr. at kward@wvgazettemail.com, 304-348-1702 or follow @kenwardjr on Twitter.

Freedom's Reynolds gets probation in spill case

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By Ken Ward Jr.

The former environmental manager of Freedom Industries was sentenced Monday to three years probation and a $10,000 fine - but no prison time - for his role in the January 2014 chemical spill that contaminated the drinking water supply for hundreds of thousands of residents in the Kanawha Valley and surrounding communities.

U.S. District Judge Thomas Johnston noted that prosecutors had allowed Robert J. Reynolds to plead guilty to a misdemeanor and that Reynolds had provided "substantial assistance" to the government in investigating the Freedom spill and pursuing charges against other company officials.

"This defendant is hardly a criminal," Johnston said, noting that Reynolds had no criminal history prior to being charged after the Jan. 9, 2014, spill from a leaky chemical storage tank at Freedom's Etowah River Terminal, located just upstream from West Virginia American Water's regional drinking water intake on the Elk River.

Monday's hearing for Reynolds was the first of seven chemical spill sentencings - others are for Freedom the company and five other individuals - scheduled before Johnston over the next three weeks.

Reynolds was the first of six former Freedom officials to reach a deal with prosecutors, and Johnston said he had "provided very useful information" to prosecutors, helping them win additional cooperation from Freedom plant manager Michael Burdette and, eventually, bring charges against four other Freedom owners and officers, including top company officials Gary Southern and Dennis Farrell.

Just before he was sentenced, Reynolds stood in the courtroom and apologized for his role in the spill and the water crisis that followed.

"There were things that I could have done to perhaps prevent the spill," Reynolds said. "I am deeply sorry for my inactions in this situation."

In his deal with then-U.S. Attorney Booth Goodwin, Reynolds pleaded guilty in March 2015 to one count of causing an unlawful discharge of refuse.

Under the law, the charge carried a maximum sentence of one year in prison and a fine of up to $25,000 per day of violation or a fine of $100,000 or twice the financial gain or loss from the offense. But based on a motion from Assistant U.S. Attorney Phil Wright, Johnston decreased the recommended range under the advisory Federal Sentencing Guidelines for Reynolds from the 12-month statutory maximum to a range from zero to six months in prison. The judge then opted to go with the lower end of that range, granting a request from Reynolds to avoid any prison time.

Wright told the judge that what happened at Freedom was a "significant crime," but that the government believed that either some prison time within the guideline range or no prison time at all would be "appropriate" for Reynolds.

The government's motion outlining the assistance provided by Reynolds was submitted privately to the court. Johnston said that was standard policy because of security concerns for defendants who are cooperating with the authorities. But, after receiving no objection from the government or the defense, Johnston said he would place Wright's motion regarding Reynolds in the public file for the Freedom cases.

Before Monday's hearing, Johnston unsealed a sentencing recommendation memorandum filed by defense lawyers for Reynolds. That document, initially filed publicly, was sealed by court officials because it contained information from a pre-sentence investigation report a probation officer prepared about Reynolds.

Sentencing in federal criminal cases is determined, at least in part, on the advisory Federal Sentencing Guidelines and by confidential pre-sentencing investigation reports prepared by the U.S. Probation and Pre-trial Services Office.

In calculating the recommended sentencing range for Reynolds, Johnston said he disagreed with a decision by the parties and the probation officer to consider the Freedom spill to be an "ongoing, continuous, or repetitive discharge," a classification that would increase Reynolds' "offense level," the number used in the sentencing guidelines to come up with a potential sentencing range.

"That's really not what happened here," the judge said. "We had one episode."

In a preliminary report on Freedom, the U.S. Chemical Safety Board actually said it believed the tank in question was leaking prior to Jan. 9, but that agency investigators had not yet determined how long MCHM and other chemicals had been leaking.

Johnston and Wright agreed that this part of the sentencing calculation would not affect the eventual guidelines range for Reynolds but that it could be an important factor in upcoming sentencings for Farrell and Southern. Wright said he "has some briefing" on the issue, but would not cite the case law because he "didn't anticipate it would be an issue." Johnston encouraged Wright to provide the court with his arguments on the matter before the sentencings for Farrell and Southern, scheduled for Feb. 11 and Feb. 17.

The judge said that what happened at Freedom was "appalling," considering the variety of environmental protection laws and regulations now in place.

"This was 2014," the judge said, "not 1964."

Johnston said that, while the incident led many in the region to lose "trust" in the water supply, he drinks coffee many days with tap water from the courthouse and no longer wonders if it is safe. The judge said no evidence has been presented in court that MCHM presents any "long-term health" threats.

While one review, by the National Toxicology Program, reported last year that scientists there believed they had found evidence of potential long-term health effects only at exposures greater than the government's 1-part-per-million MCHM health advisory, a later report from the program raised more questions about the spill's potential health effects, finding some evidence that leaked chemicals could affect neurological function or be related to genetic mutations. Another study, a peer-reviewed paper by researchers at Northeastern University, in Boston, found that Crude MCHM - the main chemical in the spill - could be more toxic than previously known, citing evidence of cancer-causing effects, DNA damage potential and reproductive toxicity.

At Freedom, Reynolds had been one of the officials in charge of environmental compliance since 2002, according to court records. He described himself as the company's "regulatory and environmental manager," although his defense lawyers later argued that he was merely an "independent consultant" and a victim of Freedom's "loosely run management style."

Freedom hired an engineering firm in 2002 to develop a stormwater pollution control plan, a requirement of a state-issued permit the violation of which is at the heart of the criminal cases against Reynolds and five other Freedom officials. A draft of the plan was prepared, but never finalized, court records show.

In 2004 and 2009, the company applied to the West Virginia Department of Environmental Protection to renew its permit, and the DEP approved the request.

Reynolds had prepared the 2009 application for renewal and stated in that application that the company had a stormwater pollution control plan, without ever verifying that the statement was correct. In May 2013, Reynolds took part in a review of the 2009 stormwater permit documents, an exercise that should have "made it very obvious" to Reynolds that the company didn't have the required plan," according to a "stipulation of facts" that Reynolds agreed to as part of his plea deal.

Johnston said that, while Reynolds could have ensured that Freedom put pollution control plans in place, the judge wasn't sure that, in his position as environmental manager, Reynolds had the power to approve spending the money to fix problems like the facility's inadequate spill-containment wall.

The judge went along with a recommendation from Wright that ordering Reynolds to pay restitution to victims of his crime would "unduly complicate" the sentencing proceeding because of the large number of people whose drinking water was affected. Wright said the U.S. Attorney's Office provided information about the case and other assistance to anyone who claimed they were a victim but did not try to determine which of those individuals were or weren't victims.

Neither the judge nor Wright explained why a community-based restitution project - such as an organization working on public health or water quality issues - was not being ordered in the case, as was urged by two local citizen groups, People Concerned About Chemical Safety and the Ohio Valley Environmental Coalition in letters previously submitted to the court.

Assistant U.S. Attorney Clint Carte, a spokesman for acting U.S. Attorney Carol Casto, said he could not explain why the office didn't seek restitution for such a project and would have to get back to a reporter about the matter.

Reach Ken Ward Jr. at kward@wvgazettemail.com, 304-348-1702 or follow @kenwardjr on Twitter.

Suspect sought in Cross Lanes home burglary

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The Kanawha County Sheriff's Department is searching for a man who burglarized a home in Cross Lanes early Monday morning.

The suspect broke into the Villa Pike residence and stole numerous items, Sgt. Brian Humphreys said, including the homeowner's car, a blue 2014 Honda Civic. The car has West Virginia plates with the license number 1MR644.

The residents were not home when the burglary occurred, police said. Security cameras show footage of a white male forcibly entering a basement door.

Anyone with any information on the suspect or vehicle can call the Kanawha County Sheriff's Office at 304-357-0169.

Trial begins for man charged in Rand killing

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By Kate White

Leonard Dwayne Thomas doesn't deny shooting Gerald Maxwell in the head inside a Rand apartment, his attorney told jurors Monday.

But, attorney Ed Bullman said, prosecutors won't be able to prove the April 2014 killing was premeditated - something necessary in order to convict his client.

The trial of Thomas, who faces a first-degree murder charge, began Monday in Kanawha Circuit Court.

Assistant Kanawha prosecutor Maryclaire Akers told jurors that Thomas, of Detroit, had been frustrated and using drugs the night before the shooting.

After Thomas was arrested, he whispered "I'm sorry," during his arraignment, according to previous reports.

Thomas didn't want to take part in his trial, his attorney told the judge before a jury was selected on Monday. Kanawha Circuit Judge Charles King ordered that Thomas be brought to the courtroom from South Central Regional Jail.

Thomas and others inside the Starling Drive apartment had been drinking and using heroin the night before the shooting, Akers said Monday. Maxwell had been at the apartment selling drugs, according to Akers.

One of the women in the apartment was "tricking," Akers said, or trading sex for drugs, and Thomas wanted some drugs to give to her. When Thomas asked Maxwell for heroin to give to the woman, he refused. That's when Thomas walked across the living room and shot Maxwell in the head, according to Akers.

Maxwell was relaxing on a couch in the living room of the apartment when Thomas shot him. The prosecutor showed jurors photographs of the apartment and the blood stains on the couch.

"He was leaned back, trying to get a little bit of rest," Akers said. "He shot him over that. Over a verbal argument about a woman in the house."

Others who were in the apartment at the time of the incident will testify that Maxwell didn't even see it coming, the prosecutor said.

Police who responded to the scene will also be called by the prosecutor to testify.

Bullman said that most of what prosecutors described in their opening statements was true. "This case shouldn't take long," he said.

Maxwell died several days after the shooting at CAMC General Hospital. His mother, Antoinette, sat behind prosecutors in the courtroom Monday.

Maxwell's twin brother, Gerard, is being held in South Central Regional Jail on a murder charge in a separate case.

Gerard Maxwell is accused of shooting and killing Christopher "Snacks" Carey, 27, in a January 2015 shooting, also on Starling Drive in Rand.

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

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