Four inmates were charged after an inmate was allegedly sexually abused at Northern Regional Jail earlier this month.

On May 1, at about 12:30 p.m., State Police Trooper B.R. Gaus received a call from Sgt. Delesio at the Northern Regional Jail in Moundsville, according to a criminal complaint filed in Marshall County Magistrate Court. Delesio told the trooper that an inmate reported being sexually assaulted at the facility and wanted to report the incident. The inmate had been taken to Ohio Valley Medical Center for treatment.

Gaus spoke to the inmate at Ohio Valley Medical Center. The inmate said that just before breakfast that day, four inmates - Joshua Thomas Curtis, Robert Scott Tingler, Randall Parks Sanford and Ethan Tyler Blizzard - had entered his cell.

The inmate said that Sanford and Blizzard stood in the doorway so that he could not leave and no one else could enter the cell. The victim also said that Curtis said "today's the day ... you're either going to fight or [expletive]."

Tingler and Curtis then grabbed the victim's legs and attempted to pull him off his bunk. According to the victim, Curtis then grabbed the inmate's testicles, through his pants, forcefully squeezing them, the complaint says.

The victim was able to hit the intercom button in his cell to ask the guards for help. Tingler allegedly hit the same intercom button and told the guards not to come to the cell because "they wouldn't let anyone [expletive] with him."

Sanford and Blizzard allegedly stood in the doorway, laughing, blocking the view into the cell and preventing the inmate from leaving.

Gaus wrote in the criminal complaint that he could see the inmate's testicles were black and blue. He said the inmate was also visibly shaking during the interview.

Curtis, 25, originally of Weirton, is charged with first-degree sexual abuse. Tingler, 31, originally of Grove City, Ohio; Sanford, 26, originally of Moundsville; and Blizzard, 21, originally of New Martinsville, face charges of conspiracy to inflict injury.

In an interview, Gaus said that he believes the inmates were "spooked" after the victim called for help, so they left the cell.

Gaus didn't know the motivation for the attack.

He said he has never had to respond to a sexual abuse incident at the jail before, and he said Sgt. Delesio told him he had not dealt with any either.

Sexual assault and abuse among inmates was reported 91 times at the regional jails in 2015, according to the Regional Jail Authority & Correctional Facility's annual Prison Rape Elimination Act report. Of those, officials found 17 to be substantiated. Inmate on inmate sexual harassment was reported 26 times. Of those, six cases were found to be substantiated.

Chris Daley, deputy director of Just Detention International, noted that historically, many inmate sexual abuse cases don't make their way through the legal system. Just Detention International, an organization that works to end sexual abuse in detention, has worked with the West Virginia Regional Jail & Correctional Facility Authority to improve response to sexual abuse allegations.

"This is a positive change and I think it's one that going to become more common, but we have a long history to dig out of before we see [perpetrators] charged as often as they should be," he said.

Lawrence Messina, spokesman for the West Virginia Department of Military Affairs and Public Safety, said he had no further information on the incident.

Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.

The nation's largest drug wholesalers are asking a Boone County judge to hold a closed-door hearing where they promise to explain why they want to keep secret 18 words in a lawsuit filed against them.

Twelve days ago, Circuit Judge William Thompson issued an order unsealing court documents that disclose allegations about the number of prescription painkillers the companies have shipped to West Virginia pharmacies in specific towns and regions of the state. Thompson gave the drug companies two weeks to appeal his decision to the West Virginia Supreme Court.

Instead, the prescription drug distributors filed a motion Wednesday to revise Thompson's order and requested an "in camera" hearing that would be closed to the news media and the public.

The out-of-state companies argue that the 18 words contain "commercially-sensitive information." The drug wholesalers maintain that they provided 2007-2012 prescription drug sales figures to the state with the expectation that the numbers would be kept confidential. They want the 18 words redacted, or blacked out, from the lawsuit if the court records are released.

The lawsuit - filed in 2012 by then-Attorney General Darrell McGraw and inherited by his successor, Patrick Morrisey - alleges that the drug wholesalers helped fuel West Virginia's prescription drug problem by shipping an excessive number of painkillers to pharmacies across the state. The West Virginia Department of Health and Human Resources and Department of Military Affairs and Public Safety have since joined the lawsuit as plaintiffs.

The Charleston Gazette-Mail filed a motion to intervene in the case last month, saying the unsealing of the court records is a matter of "substantial public interest" to West Virginians.

Two weeks ago, Thompson ruled that the drug wholesalers' business interests in keeping the court records sealed do not outweigh the public's right to see the court filings. The judge also found that the lawsuit doesn't include information about the distributors' prescription drug sales prices or profits.

In Wednesday's motion, the companies took issue with the way Thompson's order characterizes their motives for keeping the court records under seal.

The drug wholesalers asserted that they're not trying to protect their "corporate image." They added that they've never argued that the court documents include "trade secrets."

Thompson's order also stipulated that the companies could keep their pill shipment numbers under seal, if they agree to settle the state's lawsuit against them by this Friday.

In February, drug wholesaler Miami-Luken reached a $2.5 million settlement with the state. The allegations against that company will remain sealed, according to Thompson's May 6 order.

That's unfair, the other drug companies - those that haven't settled - argued Wednesday.

If Thompson refuses to revise his order, he should unseal court records that reveal all companies' sales figures - not just those that remain in the case - "to provide fuller context" and "avoid prejudice," according to the wholesalers' motion filed Wednesday.

The companies named in the state's lawsuit are: AmerisourceBergen; J.M. Smith Corp.; The Harvard Drug Group; Anda Inc.; Associated Pharmacies; H.D. Smith Wholesale Drug; KeySource Medical; Masters Pharmaceuticals; Quest Pharmaceuticals; and Top Rx.

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

The West Virginia Broadcasters' Association has asked the state Supreme Court to make public a video taken inside Western Regional Jail, which depicts a correctional officer throwing flash-bang grenades inside an inmate's cell.

State jail officials appealed Kanawha County Circuit Judge Joanna Tabit's ruling last December making the video public. Lawyers for the state Regional Jail Authority argue that if the video is released, it could be used by an inmate to escape from a facility or injure another inmate or staff member.

In an amicus brief filed in the Supreme Court clerk's office, the broadcasters' association says that the public's right to know outweighs the state's arguments.

"To remain informed and as a check in the democratic system, the public has an overriding interest in disclosure of basic facts surrounding government actions, even when the conduct occurs behind prison walls," the brief filed by the broadcasters' association states.

Attorneys David Allen Barnette and Vivian H. Basdeckis, with Jackson Kelly in Charleston, who represent the broadcasters' association, wrote in the brief that they are "concerned that [the jail authority's] efforts in this appeal to withhold the requested video or others like it - and to conceal the information such records reveal - behind a veil of secrecy will thwart government accountability and public debate by preventing the type of information that most needs to be aired from ever becoming public."

The state's argument would, in effect, the brief states, seal all video footage taken from within correctional facilities in West Virginia.

"The risk that such a ruling could extend even further to encompass records created by police dash-cameras or body-worn cameras, which are becoming more prevalent in West Virginia, would have dramatic consequences for all citizens in this State."

The case involves a lawsuit filed by inmate Shane R. Marcum against the Regional Jail Authority and its former Special Response Team. Marcum received severe burns earlier this year while incarcerated at Western Regional Jail in Barboursville.

Stroebel had asked Tabit to require the jail authority to respond to his FOIA request and turn over photos and videos taken from the alleged incident in which Marcum was injured.

Tabit ordered attorneys representing the jails to turn over everything but the video that showed Marcum being extracted from his cell. The judge said she wanted to review it first to decide whether it should be made public.

Tabit wrote in December that "nothing on the videotape would put any inmate, resident or facility personnel at peril nor could the same be used by any inmate to facilitate any type of an escape from the facility."

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

A third Clay County teenager is being charged for his alleged role in a school shooting plot that shut down the county's schools for days earlier this month.

Lt. Michael Baylous, spokesman for the State Police, said Thursday that a 13-year-old Clay boy was charged with making terroristic threats, conspiracy to commit murder and solicitation to commit murder.

Another 13-year-old boy and a 15-year-old boy, both of Clay, were already facing the same charges, police said Monday.

A juvenile detention hearing for the third teenager was held on Thursday.

Baylous said police don't anticipate further charges. "Unless any further information is brought up that we're unaware of, it doesn't appear that there will be any more arrests," he said.

Police are not releasing the boys' names because of their ages.

Clay County schools were closed May 4, 5 and 6 while police investigated threats that Clay County Middle students allegedly made about shooting classmates and teachers, Superintendent Kenneth Tanner said previously.

School officials had received a tip on April 26 that a middle school student had made threats about shooting people at the school on April 20 - the 17th anniversary of the attack by two students at Columbine High School, in Colorado. Tanner said he believed the students didn't carry out the attack on April 20 because they wanted to recruit more students and get more guns.

Three students were removed from the school for their alleged involvement in the threats, Tanner said on May 4. School officials closed all Clay schools, not just the middle school.

Teachers at the middle school found out about the alleged threats and alerted the principal, according to Sgt. B.L. Keefer of the State Police detachment in Clay. The school's principal contacted county school officials and the State Police.

Tanner said Thursday the arrests had created a "sigh of relief" among students and teachers.

"I think it'll take a long time before we have a sense of safety and security equal to what we had before," he said. "... But it's certainly a lot quieter than what it was a couple weeks ago."

Baylous and Keefer in Clay both asked residents to call the Clay detachment if they are aware of any other students involved.

"Unless new information comes in, we basically have the three persons we can possibly charge," Keefer said.

Clay County Prosecutor Jim Samples first said "I don't know what you're referring to" then said it was the office policy not to comment on juvenile investigations.

Reach Erin Beck at

erin.beck@wvgazettemail.com,

304-348-5163,

Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.

Police say a South Charleston man fired multiple shots at the man living with his ex-girlfriend, then continued to fire shots as he drove away early this morning.

Meanwhile, the South Charleston man, Nicholas Clark Murad, says he was the one assaulted.

Murad, 21, is charged with wanton endangerment involving a firearm, according to a criminal complaint filed in Kanawha County Magistrate Court.

At about 1 a.m. Thursday, South Charleston Patrolman J.M. Williams responded to the area of Forest Circle in South Charleston after multiple callers reported gunshots in the area.

Williams spoke with Joshua Mcderment and a woman who said she was Murad's ex-girlfriend. They said Murad had pulled in front of their home on Forest Circle in a black Mazda and began revving his engine and honking his horn. They said Mcderment and Murad got into a fight and Murad fired five to six shots at Mcderment, who then ran back into the home, according to the complaint.

They said Murad then drove toward Montrose Drive and they could hear more shots being fired even after losing sight of the vehicle.

Police found multiple 9 mm bullet casings in front of the home in the roadway, as well as one 9 mm casing on Lynn Street nearby.

While police were on scene, Murad called Metro 911 and said a man had assaulted him, according to the complaint. He said that the man busted out his windows with a shotgun and then struck him in the head with the shotgun.

Williams then went to Murad's home on Oakdale Avenue. He saw a black Mazda with busted front and rear driver side windows and a large amount of glass inside the vehicle. Police also saw a 9 mm bullet on the ground outside of the driver side door.

Murad was arrested. This morning, he was being held on $25,000 bail at South Central Regional Jail.

A magistrate court employee said that Mcderment was not charged with anything.

Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.

MARTINSBURG, W.Va. (AP) - A Maryland man has been convicted of selling heroin that resulted in the death of a West Virginia man.

A jury found 38-year-old Lateef Fisher of Hagerstown, Maryland, guilty Wednesday in federal court in Martinsburg.

Federal prosecutors say Fisher conspired with another person to sell heroin in June 2014 in Berkeley County. The heroin sale led to the death of a 27-year-old man.

Fisher faces at least 20 years in prison.

State authorities are investigating West Virginia Corrections Commissioner Jim Rubenstein - and other high-ranking administrators at the agency's central office in Charleston - after auditors cited Rubenstein for taking state money for unauthorized travel expenses.

The Legislature's Commission on Special Investigations and Legislative Auditor's Office are both making "inquiries" into Rubenstein's expenses, according to a letter released Thursday by state auditors.

The letter - written by Rubenstein's boss, Joe Thornton, who heads the state Department of Military Affairs and Public Safety - refers to the ongoing investigations, but provides few details. The letter was included in the audit.

As corrections commissioner, Rubenstein oversees the day-to-day operation of all state prisons in West Virginia.

At a legislative meeting Thursday, auditors flagged Rubenstein for being improperly reimbursed for a March 2015 hotel stay in Charleston.

Rubenstein, who has an apartment in Charleston and works out the Division of Corrections' headquarters in the city, submitted a $138 hotel bill for reimbursement, but withdrew the request after Thornton's executive secretary questioned the expense.

Days later, Rubenstein had his deputy commissioner approve the reimbursement, and the state paid him for the hotel stay.

Thornton didn't find out about it until a year later.

"I was certainly caught off guard when you advised the request for reimbursement was, without my approval, in turn submitted directly to the state Auditor's Office for reimbursement, without my signatory approval," Thornton wrote last week to Denny Rhodes, who heads the state Legislative Post Audit Division.

Thornton added that state investigators were conducting "additional inquiries to determine whether or not this was a pattern, or if any additional matters would be revealed that require action."

Rubenstein did not return phone messages seeking comment Thursday.

In an email sent to Thornton's secretary last year, Rubenstein said he spent the night at a Charleston hotel because he planned to attend "Corrections Day" at the state Capitol, "plus water froze up in my apartment and I scurried."

Rubenstein, who was appointed corrections commissioner in 2001, also has a house in St. Marys, about 100 miles from Charleston.

Thornton's letter also references a Legislative Auditor's "draft report" about "unauthorized expense reimbursements" for other Division of Corrections employees based in Charleston.

"This office opted to wait on the results of all these investigations to determine the appropriate action to take," Thornton said in his May 11 letter.

An audit released Thursday revealed that Rubenstein's former deputy commissioner, who lives in Bridgeport but worked out of the central office in Charleston, was reimbursed for 40 stays at Charleston hotels between 2011 and 2015.

The hotel stays cost the state $4,400 - money that the corrections division failed to report as taxable income for the commissioner, according to the audit. The auditors concluded that the "travel expenses should have been reported as wages paid to the former deputy commissioner." The audit does not name the commissioner.

The corrections division is reviewing the hotel invoices, according to the agency's written response to the audit.

The audit also criticizes the Division of Corrections for failing to report Rubenstein's use of a state-owned vehicle as a fringe benefit for tax purposes. Rubenstein is one of five high-ranking corrections office employees authorized to take home and commute to work in a state vehicle. The corrections division also calculated incorrectly the taxable income for the other administrators, according to the audit.

Thornton's secretary referred questions Thursday to department spokesman Lawrence Messina, who declined to elaborate on the audit.

"The materials presented by the Legislative Auditor speak for themselves," Messina said in an email.

The legislative audit also cited the corrections division for failing to adequately monitor the 270 state vehicles in the agency's fleet. The division did not require employees to submit mileage logs to the office's fleet coordinator.

Reach Eric Eyre at

ericeyre@wvgazettemail.com,

304-348-4869 or follow

@ericeyre on Twitter.

As he testified about the events of the past three years Thursday, ex-Kanawha County prosecuting attorney Mark Plants appeared frustrated.

"Do you believe contact with your children and ex-wife was unavoidable?" Joanne Vella Kirby, an attorney with the West Virginia Office of Disciplinary Counsel, asked Plants about approaching his children outside a Fruth Pharmacy in 2014. At the time, a domestic violence protective order was in place against Plants, meant to keep him away from his two sons and ex-wife.

"As a prosecutor, I may get in trouble for saying this," Plants said. He paused and his voice started to break, "but if my kids are ever hurting - if my kids get hit in the head with a ball, I'm going to check on them," he said, and began crying.

"If that means I can't be a lawyer," his voice trailed off.

After several moments, Plants took a deep breath.

"I don't believe it was a crime and I don't believe it's a violation of the Rules of Professional Conduct," he told the three men on the lawyer disciplinary hearing panel.

On Thursday, Plants went before the three-member West Virginia Lawyer Disciplinary Board's hearing panel. It includes chairman, Huntington attorney Steve Nord; Wetzel County Prosecuting Attorney Timothy Haught; and layperson William Barr.

The panel will decide if Plants violated the State Bar's Rules of Professional Conduct and make a recommendation to the West Virginia Supreme Court.

Attorneys with the ODC, the agency of the State Bar that oversees lawyers in the state, charged Plants last October with violating rules lawyers are required to follow. The ethics charges came five months after two misdemeanor charges were dismissed against Plants in Kanawha Magistrate Court, and were filed almost exactly a year after he was removed as Kanawha County's prosecuting attorney.

The disciplinary agency accuses the ex-prosecutor of violating three rules of professional conduct: a rule dealing with conflicts of interest; a rule that says, "a lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists," and a rule regarding misconduct, which states that it is misconduct for a lawyer to "commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects" and "engage in conduct that is prejudicial to the administration of justice."

Plants' trouble began after his ex-wife, Allison Plants, complained about him striking their then-11-year-old son with a belt to the point of leaving bruises. She was granted a domestic violence protective order and a West Virginia State Police trooper, from the northern part of the state, was assigned to launch an investigation. Allison Plants was expected to testify before the hearing panel.

Plants was charged with violating the domestic violence protective order, a misdemeanor. Plants says he went to his sons for their protection, but the ODC alleges he was knowingly violating the protective order.

Plants was then charged with misdemeanor battery after the State Police completed its investigation.

The criminal charges were dropped after Plants attended a domestic violence intervention program for 32 weeks. However, while the charges were pending, Plants' attorney, Jim Cagle filed a motion asking that they be dismissed, arguing that Plants had a constitutional right to discipline his child.

That argument created a conflict of interest with his job as prosecutor, the ethics charges against Plants allege.

"Am I going to need to testify today? I'm the one that's guilty," Cagle said Thursday.

Kirby asked Plants if he reviewed the motion before Cagle filed it and if he knew the statement, attorneys with the ODC claims creates a conflict, was included.

"I'm not sure if I was aware, but I agree that everyone has a constitutional right to discipline their child - reasonably," Plants said.

After Cagle filed the dismissal motion, Kanawha Circuit Judge Duke Bloom hired a special prosecutor and appointed a small team of assistant prosecutors to only handle cases involving charges similar to the ones Plants faced, plus any cases with charges involving child abuse and neglect, violent crimes against children by their parent, guardian or custodian and criminal violations of protective orders.

Plants told members of the panel that he had taken steps to avoid possible conflicts even before Bloom appointed special prosecutors.

"I immediately got off all cases involving corporal punishment," he said.

Blaming the rising costs of paying special prosecutors, Kanawha commissioners filed a petition asking for Plants to be removed from office. A three-judge panel ruled that Plants' misconduct prevented him from remaining in office. The judges wrote, among other things, that Plants couldn't do his job as prosecutor after being taken off so many cases.

Plants said he never agreed to the wide-range of charges that Bloom disqualified his office from handling.

Plants, though, didn't appeal the order removing him as prosecutor. Instead, he opened his own law firm in South Charleston.

The ethics charges stem from a complaint filed by attorney Melissa Foster Bird, who filed the removal petition against Plants on behalf of county commissioners. The judges who removed Plants from office said that some of the allegations Bird made about Plants during the removal proceedings should be brought to the disciplinary agency's attention.

Charleston police Sgt. Anthony Colagrasso testified during Plants' removal proceedings that he responded to a call at John Adams Middle School involving Plants and his ex-wife.

Plants allegedly told Colagrasso that his ex-wife had violated "her domestic violence petition and he wanted her arrested," and that "he was the prosecutor and that I was within my legal right to arrest her, and he wanted her arrested."

Bird argued that Plants improperly tried to use his position as prosecutor to have his ex-wife arrested. She's expected to be called to testify before the panel today.

Plants denied Colagrasso's version of events and said he had a recorded conversation as proof.

"Out of all of the allegations, this is a real allegation," Plants said.

No cameras or recording devices were allowed in the hearing.

Attorneys with the ODC asked members of the panel on Thursday morning to close a part of the hearing while Plants was questioned about matters they called sensitive and involved documents, which had been sealed during proceedings in family court.

Cagle asked the panel to leave the hearing open.

"It's a slippery slope when you start excluding the public. ... They might not get the whole story," he said. Nord agreed with the ODC attorneys and the hearing was closed for more than an hour.

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

Gov. Earl Ray Tomblin on Thursday appointed the candidates who won their elections for circuit judge in Mercer and Greenbrier counties last week to serve the unexpired terms of their predecessors until next year.

Former state senator Mark Wills, who beat out his three opponents in the May 10 primary, will fill the remainder of Omar Aboulhosn's term as one of Mercer County's three circuit judges.

Aboulhosn was appointed a federal magistrate judge last year.

Wills, along with other candidates for Mercer circuit judge, Mercer Prosecuting Attorney Scott Ash and Princeton lawyer Gregory Prudich, were recommended by the state Judicial Vacancy Commission to Tomblin for the appointment.

Gerald Linkous, a Princeton lawyer, was the only candidate not recommended for the appointment.

Judicial elections in West Virginia are now nonpartisan so all of the races are decided in the primary election.

Assistant Greenbrier County prosecutor Jennifer Dent was appointed to fill the remainder of Circuit Judge James Rowe, who retired earlier this year.

Dent defeated assistant Kanawha County prosecutor Fred Giggenbach, a Greenbrier County native, and Lewisburg attorney Jeffrey Rodgers, in the primary.

The circuit that covers Greenbrier County also covers Pocahontas County. It has two circuit judges.

Tomblin waited until after the primary to make the appointments. Some have voiced concerns about judicial candidates being given an unfair advantage when they are appointed so close to an election.

After an unsuccessful run for governor, former U.S. Attorney Booth Goodwin has joined his family's law firm, Goodwin and Goodwin, according to a news release.

Goodwin, who served as U.S. Attorney for the Southern District of West Virginia from May 2010 through December 2015, led an investigation into the Upper Big Branch mining disaster that killed 29 men. He prosecuted former Massey CEO Don Blankenship on charges of violating mine safety standards. Blankenship was convicted of conspiring to willfully violate mine safety laws and currently is serving a one-year federal prison sentence.

Goodwin ran for governor as a Democrat, but was beaten in the May primary by billionaire coal operator and businessman Jim Justice. In private practice, Goodwin will focus upon complex litigation, corporate investigations and mass torts, according to the release.

"I am delighted to rejoin what my partners call 'the smallest big firm in this part of the country,'" Goodwin said in the release. "Our boutique atmosphere and vast experience permits us to offer very personal and smart service to our clients. I bring the same strong commitment and sense of duty to my new clients as I offered to the United States of America. I look forward to a running start serving clients who want aggressive and informed counsel."

A federal grand jury in Huntington returned an indictment Thursday against 12 people in an alleged drug ring with various charges related to the conspiracy to sell more than 100 grams of heroin and other drugs.

Atari Seantay "D" Brown; Corey Bruce "White Boy" Toney; Parker Wyatt Mays; Sean Lee "Beezy" Braggs; Arthur James "Art" Canada; Matthew Michael Meadow; Lukas Lightning Benton; Samuel R. Nelson III; Tanisha Lynette Wooding; Deandra Sheen Jones; Roy Bills; and Ladaesha Jackson, allegedly conspired to distribute heroin, crack cocaine, marijuana and alprazolam (which is sold under the name Xanax) in Cabell County and other parts of Southern West Virginia, according to the indictment.

The allegations in the 25-page indictment against the 12 defendants stretch from 2014 through last month. The hometowns of the defendants were not immediately available.

About $181,490 was seized by the Ohio Highway Patrol on April 18, the indictment states. The defendants must forfeit that money, according to the charging document.

An on-duty Braxton County parole officer bought drugs from a confidential informant, according to police.

Christopher Bryan Bright, 36, of Parsons, is charged with possession of a controlled substance and five counts of conspiracy.

On April 18 at about 10 p.m., a confidential informant, whom police called by the code name "Running Man," sold Bright two placebo pills, meant to look like oxycodone, for $40 at a strip mall in Flatwoods, according to a criminal complaint filed in Braxton County Magistrate Court. Bright was on the job at the time and had his work-issued and personal firearms with him, the complaint says.

After the buy, police conducted a traffic stop and found the pills by Bright's feet inside in the vehicle.

Bright admitted to buying the drugs, as well as purchasing hydrocodone four times and meth one time between December 2015 and April 18, 2016, according to the complaint.

Chief Deputy David Doak of the Braxton County Sheriff's Department said Bright immediately lost his job after the arrest.

He said that police learned about Bright's drug use from the confidential informant, who had been arrested for manufacturing meth.

Doak, who has worked in law enforcement in north-central West Virginia since 1973, said he wasn't aware of any similar cases in that time.

"It's not something that happens," he said.

Doak said the sheriff's department had worked with Bright a few times before and never seen any signs of drug use on the job.

"We'd never had any problem with him whatsoever," he said.

No pre-trial hearing has been set, according to a Braxton County magistrate court employee.

She said records show Bright gave up his rights to a court-appointed attorney. It isn't clear whether he has hired counsel.

Stacy Nowicki-Eldridge, general counsel for the Division of Corrections, and Lawrence Messina, spokesman for the Department of Military Affairs and Public Safety, both confirmed that Bright used to work for the Division of Corrections.

Nowicki-Eldridge said that the law forbids her from further commenting on personnel issues, although she wouldn't say which law.

Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.

A Wood County circuit judge is deciding whether to accept a plea deal for two women charged with embezzling money from the Girl Scouts.

In fact, Judge John Beane, has spent several months deliberating whether to accept the diversion agreement which would allow Denise Davis and Mary Farnsworth, both of Parkersburg, to pay back about $2,400 and, if they stay out of trouble, have charges against them dismissed and not appear on their records.

The prosecutor in the case agreed to the deal. But the judge began questioning the settlement earlier this year after hearing testimony from a former Girl Scouts employee, who says she went to police about missing money four years ago.

Mari Jo Tedesco alleges the money taken by Farnsworth and Davis is a lot more than what they were charged. She is upset with the deal prosecutors have offered the women.

Tedesco also claims that the alleged scheme stretches beyond the women charged and that members of the upper management with the Girl Scouts of the Black Diamond Council inflated numbers to receive more grant money.

Tedesco, who worked for five years for the Black Diamond Council, says she went to police after her supervisors refused to acknowledge her claims over missing money.

Roane County Prosecuting Attorney Joshua Downey, who was appointed special prosecutor in the case, said last week, after another hearing in the case, that embezzlement cases can be hard to prove.

"This went back a lot of years and the numbers we indicted them for was the numbers we felt we could prove. We have receipts for those numbers," Downey said.

Davis and Farnsworth allegedly used about $2,400 that Girl Scouts raised in the Wood County area from cookie and yard sales.

Farnsworth and Davis took their daughters and one of their friends to Sea World in 2011 with the money, according to Downey. The money spent came from six different outreach troops　 around Parkersburg,　 Downey said. Outreach troops serve girls, who have low parent participation.

The case was made more difficult, Downey said, because officials with the Girl Scouts didn't want to press charges.

"They have continuously stated they don't feel that they are the victims of a crime," Downey said.

On Friday, Erica Strother, a spokeswoman for the Black Diamond Council, said in a statement that after the allegations came to light an investigation was launched that turned up nothing.

"The Council conducted a thorough investigation, including an independent audit firm review of all of the available records in our possession. Based upon the review of those records, the audit firm found no proof of criminal wrong-doing or unethical behavior," Strother said in an emailed statement.

Davis still works for the Girl Scouts, Downey said.

Tedesco said she told the judge in February that, among other things, actually close to $15,000 in cookie profits were missing and that Davis and Farnsworth wrote and cashed dozens of checks for personal use.

"Not once has anyone expressed concern for the girls that were used for the profit of those that were supposed to protect and nurture them," Tedesco said in court in February, according to a letter she read. "Girl Scouts are supposed to empower girls and make responsible, honest and productive adults of the girls involved. What are we teaching the girls and society as a whole if people in positions of authority are allowed to abuse their privileges over the span of years and endure no consequences for it? That it is OK in the eyes of the law. It all seems very hypocritical."

Tedesco says she was fired in 2014 after refusing to write a story explaining how the organization had used money given to it from the United Way.

Downey was appointed to the case because Wood County Prosecuting Attorney Jason Wharton sits on the United Way's board of directors.

"They said, 'Can you go ahead and give us a story?' And I said no, I've asked for two years for you to tell me where the money is going. It's not going to the girls, so I'm refusing to write it," Tedesco said.

The judge will make a decision about the deal for Davis and Farnsworth on June 6.

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

One man has been arrested in connection to a deadly shooting last Saturday at the Boondocks Bar and Grill, in North Charleston.

Jaquez Slade, of North Carolina, was arrested Saturday in last week's shooting, which left one man dead and three wounded, according to Charleston police Lt. Steve Cooper, chief of detectives. No motive for the shooting has been released.

Jamaine Sutton, 32, of Dunbar, was pronounced dead at the scene after the shooting. Three others were taken to a local hospital with non-life-threatening injuries.

No further information was available at press time.

The following crimes were reported to the Charleston Police Department between May 12 and 18:

East District:

Kanawha Boulevard East 1400 block, domestic battery, May 13, 10:50 a.m.

Court Street 300 block, petit larceny, May 13, 12:15 p.m.

Lee Street East 200 block, shoplifting, May 13, 3:40 p.m.

Lee Street East 200 block, shoplifting, May 13, 3:50 p.m.

Plaza East, petit larceny, May 13, 4:30 p.m.

Virginia Street East 1000 block, breaking and entering auto, May 13, 5 p.m.

Donnally Street 300 block, petit larceny, May 14, 2:15 p.m.

Leon Sullivan Way 500 block, grand larceny, May 14, 7 p.m.

Lee Street East 200 block, shoplifting, May 16, 7:55 p.m.

Charleston Town Center, shoplifting, May 16, 8:50 p.m.

Lee Street East 400 block, shoplifting, May 17, 12:35 p.m.

Lee Street East 200 block, shoplifting, May 17, 1:30 p.m.

Lee Street East 1300 block, grand larceny, May 17, 3 p.m.

Kanawha Boulevard East 800 block, petit larceny, May 17, 5:45 p.m.

Charleston Town Center, shoplifting, May 17, 6:15 p.m.

Lewis Street 1300 block, breaking and entering, May 17, 9:30 p.m.

Veazey Street first block, grand larceny, May 18, 2 a.m.

Renn Circle 1300 block, burglary, May 18, 7 a.m.

Washington Street East 1300 block, shoplifting, May 18, 6:30 p.m.

South District:

Bridge Road 1500 block, burglary, May 12, 8:28 a.m.

Chesterfield Avenue 4900 block, burglary, May 12, 2:20 p.m.

MacCorkle Avenue 3800 block, shoplifting, May 12, 6:08 p.m.

Cross Terrace Boulevard 100 block, shoplifting, May 12, 6:15 p.m.

MacCorkle Avenue 3800 block, shoplifting, May 12, 9:06 p.m.

MacCorkle Avenue 3900 block, domestic battery, May 13, 6 p.m.

Washington Avenue Southeast 3900 block, breaking and entering auto, May 13, 10 p.m.

South Fork Road 500 block, breaking and entering, May 14, 4:10 p.m.

Mountaineer Boulevard 2500 block, shoplifting, May 15, 11:50 a.m.

Mountaineer Boulevad 2500 block, child neglect, May 15, 4:35 p.m.

MacCorkle Avenue Southeast 5000 block, shoplifting, May 15, 8:45 p.m.

RHL Boulevard East 200 block, shoplifting, May 15, 10 p.m.

RHL Boulevard 200 block, robbery, May 16, 1:24 p.m.

MacCorkle Avenue 6500 block, shoplifting, May 16, 6:30 p.m.

MacCorkle Avenue 5700 block, shoplifting, May 16, 6:50 p.m.

Leslie Road 900 block, burglary, May 16, 9 p.m.

MacCorkle Avenue Southeast 5700 block, shoplifting, May 17, 1:01 p.m.

Fledderjohn Road 1100 block, petit larceny, May 17, 4:18 p.m.

Turley Road 1300 block, petit larceny, May 18, 8:40 a.m.

MacCorkle Avenue Southeast 5700 block, shoplifting, May 18, 2:32 p.m.

South Park Road 600 block, child abuse, May 18, 3 p.m.

48th Street Southeast 600 block, breaking and entering, May 18, 5:30 p.m.

48th Street Southeast 600 block, child neglect, May 18, 5:30 p.m.

Hampton Road 1500 block, petit larceny, May 18, 10:44 p.m.

South District:

Monongalia Street 200 block, burglary, May 12, 2:50 a.m.

Hall Street 700 block, grand larceny auto, May 12, 3 a.m.

Washington Street West 3900 block, breaking and entering, May 12, 4 a.m.

7th Avenue/Stockton Street, petit larceny, May 12, 8:40 a.m.

Patrick Street 1700 block, shoplifting, May 12, 6:30 p.m.

Simms Street 700 block, petit larceny, May 12, 9 p.m.

Washington Street West 1500 block, shoplifting, May 13, 12:30 p.m.

Garrison Avenue/Odell Avenue, child neglect, May 13, 3:38 p.m.

Madison Street 1400 block, petit larceny, May 13, 4:20 p.m.

Delaware Avenue 600 block, burglary, May 13, 6 p.m.

Washington Street West 2300 block, first-degree murder, May 14, 1:53 a.m.

Washington Street West 2300 block, malicious wounding, May 14, 1:53 a.m.

6th Avenue 2200 block, breaking and entering auto, May 14, 9:38 a.m.

7th Avenue 1500 block, petit larceny, May 14, 3 p.m.

Washington Street West 1700 block, shoplifting, May 14, 6:30 p.m.

6th Street 900 block, grand larceny, May 15, 5:30 a.m.

Whitney Street 1600 block, burglary, May 15, 12:45 p.m.

Bigley Avenue 1600 block, burglary, May 15, 8:30 p.m.

Frame Street 1600 block, burglary, May 15, 9:55 p.m.

Orchard Street 700 block, malicious wounding, May 15, 10 p.m.

Chandler Drive 1900 block, grand larceny auto, May 16, 7:10 a.m.

Elm Street 400 block, burglary, May 16, noon.

Indiana Avenue 800 block, burglary, May 16, 1 p.m.

4th Avenue 1700 block, shoplifting, May 16, 2:12 p.m.

Orchard Street 700 block, petit larceny, May 17, 9 a.m.

Harless Lane 700 block, burglary, May 17, 2 p.m.

North Hills Drive 800 block, burglary, May 17, 5:45 p.m.

4th Avenue 1700 block, shoplifting, May 17, 6:30 p.m.

Central Avenue 1000 block, breaking and entering, May 17, 8 p.m.

7th Avenue 1000 block, burglary, May 18, 12:35 p.m.

Marriages

The following people filed for marriage licenses in Kanawha County between May 12 and 19:

Andrew Mark Mencin,35, and Brooke Michelle Stinnett, 30, both of Charleston.

Jeffrey Paul Riter, 22, of Defiance, Ohio and Christa Anne Larue, 21, of Clendenin.

Jeremy Wade Washington, 29, of Cross Lanes and Annie Marie Humphrey, 25, of Marmet.

Cosme Fuentes Sanchez, 26, and Tiffany Dawn Riffle, 31, both of Charleston.

Christopher Jay Peal, 50, and Tammie Sue Strickland, 43, both of Charleston.

Thomas Scott Miller, 44, of Cross Lanes and Tara Michelle Crist, 39, of Charleston.

Donna June Meadows, 48, and Regina Lynn Alford, 43, both of Nitro.

Mary Dawn Frampton, 34, and Cristin Nicole Parks, 33, both of East Bank.

Ralph Andrew Nicely III, 32, and Whitney Jo Gibson, 22, both of Elkview.

Chad Lewis Casto, 40, and Amber Nicole Meadows, 25, both of Charleston.

Ryan Vincent Willard, 26, of St. Albans and Johnia Mae Crowder, 30, of Elkview.

Andrew Justin Stowers, 18, and KandasMichelle Skeens, 18, both of Cross Lanes.

Jamie Raheem Wallace, 27, and Candi Lashay Brown, 29, both of Charleston.

James Herschell Johnson, 24, of Nitro and Casey Jean Griffith, 21, of St. Albans.

Andrew Bryant Durham, 22, and Kassandra Elaine Shope, 21, both of Belle.

Kyle David Hartleben, 23, of Hurricane and Taylor Morgan Chambers, 24, of Clendenin.

Danny Edward George, 38, and Ara Lea Casto, 39, both of South Charleston.

Richard Nelson McClure, 33, and Kerri Beth Sheets, 33, both of Belle.

James Christopher Schmitt, 39, of Nitro and Sharlyn Rivera, 30, of New Castle, Delaware.

John Charles Leonard, 27, and Lindsey Marie Chaney, 28, both of Charleston.

Nathan Robert Dunn, 35, and Jennifer Leigh Clark, 35, both of Nitro.

Joshua David Culbertson, 28, of Nitro and Brittany Nicole Jacob, 28, of St. Albans.

John Russell Evans, 51, and Julie Ann Tessiatore, 48, both of Charleston.

Matthew Dean Evans, 28, and Jessica Danielle Raines, 26, both of Elkview.

Eugene Streets, 65, and Darlene Annette Burrells, 54, both of Charleston.

Jason Bradley Burrow, 27, and Justice Felice Nelson, 29, both of Charleston.

Steven Ray Skeens, 39, and Lindsey Rae Lanham, 27, both of Charleston.

Gary Wayne Casto, 54, and Deborah Gail Farquharson,57, both of Charleston.

Jesse Allan Hudson, 28, and Ashley Dawn Bostic, 31, both of Charleston.

Darryl Lamont Henry, 56, and Brenda Kay Anderson-Hunter, 61, both of Charleston.

Bradley Cleo Parsons, 26, and Casey Morgan Knuckles, 22, both of Charleston.

Carl Joseph Williams, 60, and Susan Beth Rodgers, 43, both of Pratt.

Charles David Bowyer, 48, of Charleston and Faith Ann Stanley, 43, of Pratt

Cory Scott Shamblin 25, and Brittany Nicole Johnson, 27, both of Charleston.

David Michael Ewing, 32, and Sarah Rebecca Pettit, 28, both of Charleston.

Johnathan Allen Seabolt, 30, and Sylvia Leeann Conrad, 27, both of Charleston.

John Allen Morris, 38, and Mae Amanda Hyre, 38, both of Charleston.

Shawn Patrick Wojciechowicz, 26, and Katelyn Rebecca McDonald, 26, both of St. Albans.

Jerry Franklin Wandling, 68, and Vanessa Virginia Snyder, 54, both of Charleston.

James Robert Duncan, 42, and Desirae Nicole Tilley, 26, both of South Charleston.

Charles Ray Burdette Jr., 33, and Amy Jo Cain, 36, both of Nitro.

Lloyd Tyler Deel, 19, of South Charleston and Brooklyn Rayann Bird, 18, of Dunbar.

Geoffrey Henry Weichert, 27, of Starkville, Oktibbeha, Mississippi and Destinee Sloan Wright, 28, of South Charleston.

Charles Edward Shafer, 44, and Tammy Lee Duncan, 44, both of Clendenin.

Lawrence Wayne Landis, 30, of Charleston and Tiffaney Dawne Skeens, 25, of Malden.

Justin Lee Huffman, 26, and Madison Ashton Jones, 24, both of St. Albans.

John Thomas Spence Roberts, 55, and Barbara Ann Kelly, 42, both of Dunbar.

Rick Anthony Patton, 25, and Elisabeth Ashley Ward, 22, both of Dunbar.

Divorces

The following peopled filed for divorce in Kanawha County between May 13 and 20:

Helen Christine Sturm from Thomas Herbert Sturm

Sarah Beth Peck from Joseph David Peck

Fatimah Salman Hoshi from Khalid Ali Bager

Macey Price from Edward William Price

Christopher Chad Winnell from Wynter Renee Winnell

Eyoel Kifle from Shewonsua Asaye Taddesee

Kenneth E. McIntyre from Rori L. McIntyre

Melissa Gwen Smith from Aaron Lee Smith

Connie Jean Spangler from Jim Spangler

Russell D. Lein Jr. from Carl A. Lein

Patti Lynn Tyson from Michael Tyson

Melody S. Lake from James Leroy Lake

Ricky Matthew Runion II from Eden Elizabeth Runion

Heavenor Marie Mobley from Robert Samuel Mobley

Anthony O. Morris from Kelly R. Morris

Sherry Lynn Wood from Brian K. Wood

Justin M. Goff from Courtney D. Goff

Mary Elizabeth Bowen from Justin Allen Bowen

Lia Marie Cassell from Koltin Allen Cassell

Property transfers

The following property transfers of $50,000 or more were recorded in Kanawha County between May 12 and 19:

J.W. Walter Inc. to Warrior Met Coal WV LLC. Tracts, Malden District, $632,527.

Adam B. and Carla Taylor to Anthony S. and Rachael L. Bossie. Lot, St. Albans, $160,500.

Somes Chandra and Dipa Guha to Christopher A. Wirts. Lot, Charleston, $295,000.

Jonathan B. and Leah M. Mullins to Katie K. Tucker. Lot, South Charleston, $160,000.

Douglas Wayne and Anita Y. Kirk to Andrea McCray. Lot, Poca District, $80,000.

RFD Properties LLC to Richard P. and Eileen M. Hodgdon. Lot, Union District, $184,500.

Dirk and Sherri L. Shannon to Shawna M. Lusk. Lot, Union District, $164,000.

Rachel M. Mitchell Tolley to Jacob K. Rhodes. Lot, Jefferson District, $80,000.

David A. and Tina L. Vanbibber to Bryan J. and Ashley M. Daily. Lot, Union District, $95,000.

David A. and Lanette L. Anderson to Kelly A. Turner. Lot, Dunbar, $200,000.

Gloria J. Gardner to Walter J. Hatfield. Lots, Dunbar, $65,000.

Marlene A. Walker to Alex III and Laura Hunt. Lot, Poca District, $117,500.

Ronald D. and Diana M. Beane to Scott Anderson and Naomi Flowers. Lot, St. Albans, $200,000.

3-D Properties of WV to Cristian Fatu and Victoria Martirosyan-Fatu. Lot, Charleston, $133,000.

Steven T. and Mary S. Hutchens to Donald Carl Melton. Lot, Charleston, $149,900.

Kelly L. Titensor to Steven Romano. Lot, Charleston, $78,000.

Grant C. and Jozetta A. Bell to Gregory D. and Wendy Blankenship. Tracs, Jefferson District, $110,500.

Traci D. Hildebrand to Dawn Credeur. Lot, South Charleston, $121,000.

Mark K. and Mary H. Williams to Ghali I. Bacha and Youmna Mousattat. Lot, Charleston South Annex District, $960,000.

AB Contracting Inc. to Joseph and Susan B. Stephenson. Lot, Elk District, $269,200.

David and Susan Griffis to Ellen W. Mohler. Lot, Charleston, $500,000.

Tommy Clifton Racer and Judy Ann Frame Elliott to Clayton King. Lot, Jefferson District, $75,000.

Alfred R. and L. Gail Morris to Pamela Struble. Lot, Dunbar, $100,000.

James W. Reed III, Andrew W. Reed, Eric E. Reed, Jennifer H. Reed and Austin H. Reed to Sharon Griffith. Lot, Charleston, $290,000.

Terry Lee Johnson to John D. Scott III. Lot, Cabin Creek District, $58,000.

Derek A. Scott to Lisa A. Chapman. Lot, Cabin Creek District, $107,000.

Gregory L. Hicks to Travis J. Mullins. Tract, Big Sandy District, $160,000.

CD DG St. Albans, LLC to Progressive Vision Investment & Trading LLC. Lot, St. Albans, $1,578,529.

Okey W. Moffatt Jr. to Jeffrey D. and Heather M. Currie. Parcels, Elk District, $180,000.

Jennifer K. Legg to Bradley S. Smith. Lot, South Charleston, $95,000.

Stephen P. Swisher to Owen S. Higgins. Lot, Spring Hill, $625,000.

Owen S. Higgins to Stephen W. Tweedy. Lot, Spring Hill, $650,000.

Justin C. McMillion to Michael Evan Pettit. Lot, Elk District, $247,000.

Linda Rubin to Hussein and Joumana Elkhansa.Lot, Loudon District, $320,000.

Earle Dean Bryant to James A. Martin. Lot Elk District.$152,000.

Lowell and Sandra Thomas to Clinton L. Franklin. Lot, Elk Distict, $64,000.

Brian C. O'Neill to Robin C. and Linda L. Crabtree. Lot, Jefferson District, $100,000.

John T. Chambers and Cynthia C. Park to Ryan S. Boustany. Lots, Loudon District, $360,000.

Eleanor A. Rankin to Tyler W. Moore. Lot, Kanawha County, $82,900.

TradeMark Investments LLC to Honor L. Johnson. Lot, South Charleston, $239,500.

Edward J. Ganim Jr., David M. Ganim and Debra K. Wells to Tonya L. Harmon and Samuel K. Scruggs. Lot, South Charleston, $160,000.

Joseph Romeo to Ahmed Baghdadi and Raghad N. Al-Ghariri. Lot, Charleston South Annex District, $116,000.

Victoria L. Kane, Rebecca L. Russell and Robert F. Simmons II to Lynada Woods. Lot, Elk District, $113,000.

Charles Franklin Cunningham to Earl Green. Lot, Jefferson District, $100,000.

Linda Smyser and Doris Rae Nicholas to Gregory and Sabrenna Midkiff. Lot, Dunbar, $77,000.

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 May 13 and 20:

Jonathan David and Donna Jo Elswick, Dixie, Chapter 7. Assets: Unknown, Liabilities: Unknown.

Elizabeth Ann Callen, West Hamlin, Chapter 7. Assets: $95,872, Liabilities: $107,067.

George Christopher Hill, Whitman, Chapter 7. Assets: $3,266, Liabilities: $26,998.

Melissa Dawn Leighton, Dunbar, Chapter 7. Assets: $146,848, Liabilities: $172,131.

Keith Allen Morton, Charleston, Chapter 7. Assets: $5,000, Liabilities: $11,088.

D&D Dismantling Inc., Spencer, Chapter 7. Assets: $804,088, Liabilities: $1,071,072.

Main Street Alive LLC, Newton, Chapter 7. Assets: $360,000, Liabilities: $139,000,

Stephen Ray McCann, Fayetteville, Chapter 7. Assets: $2,450, Liabilities: $176,376.

Debronda Sue Maynard, Peach Creek, Chapter 7. Assets: $90,773, Liabilities: $108,992.

Haskel Ray Dillon, St. Albans, Chapter 7. $4,150, Liabilities: $11,199.

Karen Teresa Carroll, Cross Lanes, Chapter 7. Assets: $2,082, Liabilities: $15,692.

Helen Allen Cohernour, White Sulphur Springs, Chapter 7. Assets: $9,806, Liabilities: $29,151.

Mark Vernon and Sara Jane Ramsey, Elkview, Chapter 13. Assets: $479,766, Liabilities: $170,843.

Douglas Lee Damron II, Charleston, Chapter 13. Assets: Unknown, Liabilities: Unknown.

This summer, West Virginians will be able to legally buy consumer fireworks, such as bottle rockets and Roman candles.

But some Charleston officials are worried about not only the public safety risks higher grade fireworks pose, but also the challenge of enforcing potential laws to prohibit their use in the city.

Legislators passed House Bill 2852, which makes it legal to sell and buy such fireworks, without a single dissenting vote this year.

Consumer fireworks, defined as "small fireworks devices designed to produce visible effects by combustion," are categorized by the Code of Federal Regulations as a "Division 1.3 explosive."

Charleston Fire Department Capt. Mike Shank is among those concerned that the sale of those devices in city limits will make it nearly impossible to regulate where they're used.

"What they're allowing are 1.3 [explosives], which [have] a substantial amount of combustible material. What you'd see at Live on the Levee or the Power Park, those are 1.4 [explosives]," Shank said.

While they can't pass a law prohibiting the sale of consumer fireworks, Charleston leaders could approve an ordinance that would make it illegal to use them within city limits.

But that would leave the city with the burden of enforcing such a law.

"The problem with banning them is you have to have the codes in place, and you also have to enforce it, which is what we're running into now," Shank said.

Currently, the only mention of firework regulation in city code is outlined among the various powers of City Council.

Council has the authority "to regulate, restrain or prohibit the use of firecrackers or other explosives or fireworks, and all noises or performances which may be dangerous, indecent or annoying to persons or tend to frighten horses or other animals," according to city code.

"Our code is a little bit outdated [and] not prepared for this legislation," Shank said.

Mayor Danny Jones' biggest issue with the legislation is the city's inability to prevent people from setting off fireworks.

"It'll be impossible to regulate. I don't think there was any thought given to urban areas where houses are close together," Jones said.

Shank said consumer fireworks are "absolutely" more likely to start fires than devices that were already legal.

But it's not just the risk of fire that concerns officials.

Some residents can't discern the sound of fireworks from gunshots, Jones said, which creates the risk of removing police officers from their posts to investigate such reports.

"Any fireworks [that we found] out were set off, we would find out after the fact," Jones said. "Then can't do anything about it, so the city becomes the problem."

While he doesn't think a municipal law banning the use of consumer fireworks would be particularly effective, Jones said he would still be open to it.

"I think Council will want to do something about it," he said.

The State Fire Marshal's office has put a Frequently Asked Questions page on its website outlining exactly what fireworks are permitted, prohibited conduct when using them and safety tips users should know.

"We just needed to have the mechanisms, resources and ability to share with the public, encouraging safe use and making sure there weren't illegal devices sold in the state," State Fire Marshal Kenneth Tyree said.

The law states all retailers of consumer fireworks are required to get a consumer fireworks certificate from the office and pay a fee of $500 for each temporary sales location and $1,000 for each permanent sales location.

In addition to sales tax, a 12-percent fireworks safety fee is levied on all sales of consumer fireworks.

Seventy-five percent of those proceeds must go toward the Veterans' Facility Support Fund, managed by the State Treasury.

The remaining 25 percent must be deposited into a designated Fire Protection Fund, which is meant to benefit volunteer fire departments around the state.

Lawrence Messina, spokesman for the state Department of Military Affairs and Public Safety, said similar fireworks bills have been introduced in past legislative sessions. Those bills never passed, Messina said, due at least in part to lawmakers' inability to agree on where the money generated should go.

"The discussion featured some back and forth about what revenue should be derived from fireworks and who should benefit," Messina said. "A lot of the debate in previous sessions had more to do with who would get revenue from fireworks [sales]."

Reach Elaina Sauber at elaina.sauber@wvgazettemail.com, 304-348-3051 or follow @ElainaSauber on Twitter.

A grand jury in Kanawha County returned indictments last week against 61 defendants, announced Prosecuting Attorney Charles Miller.

An indictment is not a finding of guilt. It means only that a grand jury found enough evidence to warrant a jury trial.

Arraignment dates and times are as follows:

Justin R. Atkinson, 35, of South Charleston, drug charges; Cameron Quayshawn Cochran, 24, of Montgomery, drug charges; Heath Christopher Johnson, 29, of St. Albans, drug charges; Jalin Tyref Mcara, 22, of Charleston, fraud and related activity in connection with an access device; Jeremy Dale Miller, 34, of Dunbar, fleeing with reckless indifference in the safety of others, fleeing causing bodily injury and possession of a stolen vehicle; Christopher Andrew Rader, 31, of Charleston, grand larceny, possession of a stolen vehicle, reckless driving, aggravated DUI and failure to register as a sex offender; Glenn Edward Shafer, 30, of St. Albans, burglary, petit larceny and second-degree robbery; Donald Scott Bannister II, 35, of St. Albans, burglary and second-degree robbery.

Denise Asoline Barrett, 55, of Charleston, fourth-degree arson; Gary Wayne Brown Jr., 37, of Charleston, forgery and uttering, obtaining by false pretenses, breaking and entering and transferring and receiving stolen property; Emmalee Yvonne Carrell, 34, of Cross Lanes, child abuse causing bodily injury, child abuse creating substantial risk of serious bodily injury and domestic battery; Pierre Green, 22, of Charleston, drug charges; Shawn Alan Harper, 37, of Cross Lanes, bringing contraband into the jail; Joshua James Lambert, 28, of St. Albans, burglary, petit larceny, breaking and entering and grand larceny; Chesica Renee Massey, 39, of Gallagher, burglary and fraudulent use of an access device; Anthony Douglas Page, 31, of Cross Lanes, grand larceny; Danny Ray Peck, 49, of Tornado, third offense driving while license revoked for DUI; Joshua A. Perry, 27, of Poca, drug charges; Brandon Lee Sanders, 30, of Charleston, fleeing in vehicle from police with reckless indifference to the safety of others; Dusty Jo Skeens, 34, of Cross Lanes, malicious wounding and domestic battery; Kayla Marie Woods, 31, of Clendenin, first-degree robbery.

Jimmy Louis Graley Jr., 41, of Beckley, grand larceny; Lisa Michelle Dickens, 42, of Naoma, grand larceny; Jeremiah Franklin Jenkins, 39, of Charleston, malicious wounding; Gerald Drake Sloan Johnson, 30, of Charleston, felon in possession of a firearm and drug charges; Omar T. Reaves, 40, of Charleston, drug charges; Okey Jason Richardson, 38, of Charleston, grand larceny and petit larceny; Kirby Wayne Slater, 44, of Sissonville, first-degree robbery and domestic battery; Shawn Allen Smith, 30, of St. Albans, fleeing DUI, fleeing with reckless indifference to the safety of others and third and subsequent offense driving while license revoked for DUI; Tawai R. Staats, 26, of Charleston, drug charges.

Jennifer Nicole Bailey, 38, of Charleston, prescription fraud; Mark E. Bullard, 47, of Charleston, drug charges and prohibited person in possession of a firearm; Anthony D. Clapham, 22, of St. Albans, drug charges; Michael Daniel Galey, 34, of Nellis, malicious wounding; Tyrell Antraun Hughes, 26, of Dunbar, third offense DUI and third offense driving while license revoked for DUI; George Rodney Leake III, 30, of Montgomery, drug charges; Terry Anthony Mullins, 41, of Charleston, burglary and grand larceny; Brian Abraham Stover, 35, of Dunbar, felon in possession of a firearm, possession of a deadly weapon on school property and carrying a dangerous deadly weapon.

Trent Alan Farr, 52, of Charleston, drug charges and felon in possession of a firearm; Autumn Tyshea Fockler, 21, of Charleston, drug charges and DUI; Marquis B. Gravely, 31, of Charleston, drug charges; Jason Khail Hairston, 19, of Charleston, fleeing in vehicle from police while DUI, DUI and fleeing on foot; David Anthony Lovejoy, 34, of St. Albans, fleeing with reckless indifference to the safety of others and drug charges; Barrett Gentry Mitchell, 53, of St. Albans, drug charges; Shawn Michael Patton, 39, of Montgomery, drug charges; Nathaniel James Phillips, 30, of Dunbar, drug charges and second offense DUI; Robert Blair Rader III, 26, of Cross Lanes, fleeing DUI, fleeing with reckless indifference to the safety of others, driving while license revoked for DUI; Jason Lee Roton, 27, of Charleston, kidnapping, malicious wounding, assault during the commission of a felony, grand larceny, conspiracy and fleeing with reckless indifference; Christina Marie Roton, 31, of Charleston, kidnapping, malicious wounding, assault during the commission of a felony and conspiracy; Richard Roton, 50, of Charleston, kidnapping, malicious wounding, assault during the commission of a felony and conspiracy; Kristina A. Shingleton, 45, of South Charleston, drug charges.

Roger Dale Cobb, 53, of Dunbar, drug charges; Jackie Gillenwater, 59, of Clendenin, fraud and related activity in connection with an access device; Elisha K. Gunnoe, 33, of Charleston, drug charges; Julian M. Kinney, 31, of Charleston, drug charges; James Allen Prater, 32, of Harold, Kentucky, breaking and entering, petit larceny and destruction of property; Bridget L. Smith, 24, of Elkview, forgery and uttering.

Justin L. Blankenship, 26, Widen, fleeing in vehicle from police in reckless indifference to the safety of others; Bryant K. Coleman II, 27, of Springfield Ohio, drug charges; John Robert Counts, 40, of Nitro, drug charges; Robert Allen Russell, 48, Belle, third and subsequent offense domestic battery.

A head-on collision between two vehicles shut down Sissonville Drive near River Bend Road Sunday evening, according to Kanawha Metro 911 dispatchers.

At least one person was transported to an area hospital, dispatchers said. Dispatchers said they weren't sure of the extent of the injuries.

One of the vehicles immediately caught fire, and although firefighters were able to put the fire out, the vehicle spilled 20 gallons of fuel onto the ground, dispatchers said. The Department of Environmental Protection cleaned up the fuel and had the road re-opened by 9 p.m. Sunday.

A jury last week awarded a little more than $500,000 to a South Charleston man injured in a motorcycle wreck.

Larry Keeling Jr. was riding his motorcycle on Corridor G in August 2014, when lumber that had spilled across the roadway caused him to crash, according to his lawyer Ben Salango, of Charleston.

Kevin Hanson, who was driving a truck pulling a trailer full of lumber, had just left The Shops at Trace Fork complex when he lost control of his vehicle, Salango said. He said the speed of the truck and weight of the trailer caused Hanson to spin out of control and cross the median into oncoming traffic.

Lumber spilled across the roadway.

Two of Keeling's ribs were fractured. He tore two ligaments in his right knee and was forced to retire from his job at McNeil Fence Company, after undergoing two surgeries, his lawyer said. He filed suit in Kanawha Circuit Court against Hanson and his insurance company, Travelers.

"The defendant's insurance company refused to accept responsibility for this accident," Salango said on Thursday, after the trial.

In fact, according to Salango, Travelers hired a private investigator to follow Keeling's family.

"The investigator hid in the bushes across from my client's home and used high powered binoculars to look inside his windows. They did everything they could possibly do to avoid settling this clear liability case," he said.

It took jurors about four hours to decide Keeling should be awarded $71,947 for medical expenses, $26,804 for lost wages and $75,000 for future lost wages and $375,000 for pain and suffering.

"My client is pleased with the jury's verdict. Although liability was clear, the defendant's insurance company made an insulting low-ball settlement offer and forced us to trial," Salango said. "We're glad the jury carefully listened to the evidence and reached a just verdict."

Kanawha Circuit Judge Tod Kaufman presided over the trial, which ended Wednesday.

David Mincer and H.F. "Trigg" Salsbery represented Hanson and Travelers. They couldn't be reached last week for comment.

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.