Takiese Bethea, 24, pled guilty to robbery in the first degree and malicious assault, both felonies on March 7. Police say that Bethea, along with Lamere Troup, then 24, of Camden, N.J.; Michaelina Sarne, then 42, of Sicklerville, N.J.; and her daughter Alayna Puglia, then 23, of Philadelphia, Pa., conspired to rob Frank Hall, the brother of Sarne. Troup was recently sentenced to 38 years in prison for his role. Sarne pleaded guilty to felony conspiracy and is awaiting sentencing. Puglia has pleaded guilty to accessory after the fact, a misdemeanor, and is awaiting sentencing.

Bethea’s attorney, Sean Logue, who would remove himself as counsel at the conclusion of the hearing, presented a case for having the sentences be run concurrently during Tuesday’s hearing in Upshur County Circuit Court.

“There’s no excuse for these actions, but one of the things we respect is that when a defendant gets caught that he mans up and takes responsibility for his actions and that he saves the state the cost of a prolonged prosecution and jury trial,” Logue said. “Mr. Bethea manned up. He accepted the proposed plea.”

Logue asked the court to run both sentences concurrently.

“This is a bad crime,” he said. “I’m not soft-coating it. I’m not saying it wasn’t egregious. It was bad.”

The court would later hear from Bethea but Logue pointed to the fact that Bethea admitted he had been taking Xanax and drinking at the time of offense.

Although those aren’t excuses, Logue said they were slight mitigating factors and that a sober Bethea may have made different choices.

“He has expressed remorse,” Logue said. “He’s a father and he’s going to miss the rest of his son’s childhood on the robbery and he feels terrible about that. I think it’s overkill if you run the sentence concurrently.”

Bethea, who had fought his extradition from New Jersey last year, but was eventually transferred to West Virginia, told the court Tuesday, “I am very remorseful. This whole experience has changed y outlook on a lot of things believe it or not.”

Prosecuting attorney David Godwin said that as agreed he was recommending 10 years on the robbery and two to 10 years on the malicious assault with the sentences to be run concurrently.

But Judge Jake Reger noted the seriousness of the case and that the victim was stabbed a number of times, knocked unconscious, duct-taped and held against his will.

“It appeared to me he was lucky he got out the door and started yelling for help,” Reger said. “He survived. It’s really a serious, serious offense.”

While Reger acknowledged that Bethea had taken responsibility for his actions and was the first to plead to the charges, he said that Bethea may not have been as forthright with Sarne and Puglia.

“In my mind and the court’s mind, you were trying to protect them to some degree,” he said adding that Puglia and Bethea had been in a relationship.

Reger noted Bethea’s past criminal history but again returned to the reason why Bethea was in court in an orange inmate jumpsuit.

“This was a planned out attack from the court’s perspective,” he said. “You came down here from New Jersey to try to set this guy up to get his money.”

Reger sentenced Bethea to a determinate sentence of 36 years for robbery in the first degree and an indeterminate sentence of two to 10 years for malicious assault with the sentences to run consecutively and not concurrently.

Godwin then moved to dismiss the remaining counts of kidnapping and conspiracy as agreed under the plea agreement.

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The subtraction is the result of Davis’ preliminary hearing Monday, wherein his lawyer argued that the amount should be lowered.

“When my client was originally arrested, there was a strong belief that the person that was injured in the fight, that that person might pass away,” said Sean Logue, Davis’ representing lawyer.

Logue said since that time, he has been informed by the prosecuting attorney that the victim is expected to make a full recovery.

On Aug. 4, police arrested Davis, 53, for his alleged involvement in the wounding of a Hilton, New York man outside a BFS Foods in White Hall. A report from the Monongalia Emergency Centralized Communication Agency 911 reported at about 1:50 p.m. that day that there was a fight/stabbing between members of Hell’s Angels Motorcycle Club, and Pagan’s Motorcycle Club.

While the victim of the pre-meditated attack had been placed in a medically induced coma following allegedly being struck by a baseball bat and allegedly stabbed with a knife, his release from the coma and prognosis of recovery were the roots of Logue’s case.

“I believe this is a malicious wounding case,” he said. “Malicious wounding versus attempted murder – two completely different things and the bond number on the malicious wounding would be much lower than attempted murder.”

Marion County prosecuting attorney Jeff Freeman concurred with Logue, having spoken to the lawyer before the hearing.

“I believe the bond was set as high as it was due in large part to the victim’s position at that time,” Freeman said. “His survival was very much in question at that point, so the state does not object a reduction to $250,000.

“I believe that is a fair and reasonable amount given the nature of the offense.”

Freeman and Logue also commented on Davis’ criminal record, which Logue said has been clean with no charges for nearly 15 years.

Several of Davis’ family members attended the hearing, as Logue pointed out, who would be working to pay his bond amount. Aside from the change in bond, Davis’ representation waived the preliminary hearing and Davis will proceed to trial.

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Theresa Ekhelar filed a lawsuit March 22 against WVU and Athletics Director Shane Lyons. A 6-foot-6 senior center, Ekhelar has missed two WNIT games so far – Mountaineer victories against Rider and Villanova. She currently is serving an indefinite suspension, but she claims she is being arbitrarily punished.

Ekhelar previously served a one-game suspension in December and didn’t start the next game. That was the result of an incident involving Ekhelar and her intimate partner on a school-sponsored trip. Ekhelar also had to undergo anger management and psychological counseling. The WVU Student Conduct office charged her with a violation of the student handbook, but no criminal charges were filed.

Ekhelar filed her complaint to keep WVU from enforcing the suspension until WVU Student Conduct had completed its disciplinary process. But, Monongalia Circuit Judge Philip Gaujot denied Ekhelar’s request for a temporary restraining order just hours after her complaint was filed.

Ekhelar claims her inability to play in the WNIT is causing her irreparable harm because she potentially could play professionally. The lawsuit says the WVU Student Conduct office hasn’t suspended her and won’t take any action until the disciplinary process is complete, which could be long after the team’s postseason play ends.

The school and athletic department haven’t said much about the case or the reason behind the suspension.

“Theresa Ekhelar has been suspended indefinitely for a violation of team rules,” the university said March 21. “No further comment will be made from WVU.”

And on March 25, the university issued another statement.

“We are unable to comment on the underlying issue due to student-privacy laws. That said, the university is pleased with the court’s ruling from Friday.”

Sean Logue, Ekhelar’s attorney, declined to discuss Gaujot’s ruling.

“But, we still have to go through the WVU disciplinary process,” Logue told The West Virginia Record.

Ekhelar started in 28 of the 29 games she played in this season, averaging 41 points and 4.4 rebounds per game.

She transferred to WVU from Ohio State for her junior season. She originally is from Woodbridge, N.J.

A senior center, Ekhelar has missed the Mountaineers’ two WNIT wins over Rider and Villanova, serving what the team called an indefinite suspension.

Her lawsuit, which cited WVU and athletics director Shane Lyons as defendants, claimed Ekhelar was being arbitrarily punished twice by the athletics department.

Ekhelar already served a one-game suspension Dec. 2 against Missouri, was not allowed to start the ensuing game at Pitt on Dec. 8., and was made to undergo anger management and psychological counseling.

That initial punishment stemmed from an alleged Nov. 27 incident between Ekhelar and her intimate partner on a school-sponsored trip, the lawsuit claims. As a result of that investigation, WVU Student Conduct filed a charge of violation of the student handbook. No criminal charges have been filed against Ekhelar as a result of that alleged incident.

Ekhelar sough to prevent WVU athletics from enforcing its suspension until the WVU Student Conduct disciplinary process is completed.

Judge Phillip Gaujot denied the request, said attorney Sean Logue, who represents Ekhelar. Logue declined to comment otherwise.

Gaujot’s order denying the request has not yet been filed.

“She was dismissed for violating team policy,” Lyons confirmed Monday.

April Kaull, of university relations, added: “We are unable to comment on the underlying issue due to student-privacy laws. That said, the university is pleased with the court’s ruling from Friday.”

The lawsuit claims Student Conduct has not suspended Ekhelar and won’t take action until the disciplinary process has been completed, which could be prolonged until after the postseason.

The suit claims that not being allowed to participate in the WNIT would cause irreparable harm to Ekhelar, considering her possible innocence. The 6-foot-6 center has the potential to play the sport professionally, the suit said.

Ekhelar played in 29 games with 28 starts this season, averaging 4.1 points and 4.4 rebounds.

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In a statement released prior to the team’s win last Thursday against Rider University in the WNIT, the university said, “Theresa Ekhelar has been suspended indefinitely for a violation of team rules.  No further comment will be made from WVU.“

In an effort to continue playing, Ekhelar filed a lawsuit against WVU, but Monongalia County Circuit Judge Phillip Gaujot denied a restraining order request that would have put her suspension on hold.  Ekhelar’s attorney, Sean Logue, told 12 News he had no further comment on the situation.

The complaint for injunctive relief and temporary restraining order states that on November 27, 2018, an alleged incident happened between intimate partners on a school sponsored trip, but no criminal charges have been filed.  As a result of that incident, the WVU Athletic Department ordered Ekhelar to serve a one game suspension, according to court documents.  Ekhelar was also prevented from starting a second game, and she was instructed to undergo anger management and psychological counseling.

Court documents go on to say that WVU Student Conduct became involved and conducted an investigation.  This led to the filing of a charge against Ekhelar of a violation of the student handbook.  WVU Student Conduct has not suspended Ekhelar and will take no action until the disciplinary process concludes, according to court documents.

Court documents said Ekhelar has been suspended indefinitely from the women’s basketball program based on the filing of the charge by WVU Student Conduct.  WVU Student Conduct has made no formal findings, and Ekhelar has not had an opportunity to exercise her due process rights, which includes presenting evidence, confronting her accuser and potentially rebutting the charge, according to court documents.

Further, the complaint said the arbitrary double punishment on Ekhelar deprives her of her liberty interest in her good name, reputation and integrity; and her property interest in future employment, as she could potentially play professional women’s basketball.  It also states that Ekhelar has had no violation of any law or student code in her time at WVU.

The complaint sought to allow Ekhelar to compete immediately in the WNIT tournament, which is ongoing and will conclude on April 6.  At the time of the filing, WVU had advanced to the second round of the tournament.  The Mountaineers have since advanced to the third round.  The complaint argues that Ekhelar will suffer irreparable harm if she is unable to participate in the tournament, and had sought to prevent WVU Athletics from enforcing the suspension until the disciplinary process is completed, according to court documents.

After Judge Gaujot denied the restraining order request, WVU University Relations/Communications Director of News April Kaull issued a statement saying, “We are unable to comment on the underlying issue due to student-privacy laws.  That said, the University is pleased with the Court’s ruling from Friday.”

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On Tuesday the trial for Christopher D. Kinker, 21, of Follansbee, was moved from May to Aug. 29 after his court-appointed attorney withdrew, citing a health issue.

First Judicial Circuit Court Judge Ronald Wilson approved the extension to allow Christopher Scheetz, who had been named Kinker’s co-counsel, and a new attorney to be named time to prepare.

Kinker was indicted for causing the death of a child by abuse after his infant son died at Pittsburgh Children’s Hospital in December 2014. Hospital staff said the baby suffered fractures to the skull consistent with being shaken.

On Monday Dean Timblin, 20, of Weirton, pleaded guilty to two counts of third-degree sexual assault and was sentenced to two to 10 years in jail.

A charge of second degree sexual assault filed against Timblin was dismissed through a plea agreement reached by his attorney, Sean Logue; and the Brooke County Prosecutor’s Office.

Brooke County Prosecutor Joseph Barki III said the agreement was supported by the victim, a teen; and her family and Wellsburg Police who investigated the case.

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Nioka Lynn “Nikki” Wriker, 33, on Thursday didn’t show for a sentencing hearing in a federal case in which she had pleaded guilty to aiding and abetting distribution of bath salts.

Before that, she failed to show for her probable cause hearing in Harrison County Magistrate Court on a charge of possession with intent to deliver bath salts.

Wriker also is alleged to have missed counseling sessions, as well as failing to report to the federal probation office as required.

Wriker’s federal lawyer, Scott Shough, told U.S. District Judge Irene M. Keeley that he unsuccessfully attempted to contact his client by writing her and by calling three phone numbers.

U.S. Magistrate John S. Kaull previously issued an arrest warrant for Wriker, so Keeley didn’t issue another warrant. The judge continued Wriker’s sentencing hearing until she turns herself in or is apprehended by the U.S. Marshals Service.

Wriker had pleaded guilty in the Greater Harrison Drug and Violent Crimes Task Force federal case in November before Kaull, accused of wrongdoing March 4, 2013, in Clarksburg.

She was free on bond in that case when she was picked up earlier this year by the Harrison County Street Crimes and Drug unit on the new state possession with intent to deliver bath salts count. She bonded out on that charge before federal authorities could seek to detain her.

Wriker probably has lost any benefit in her federal sentencing for pleading guilty, but that might amount to only a matter of months.

By not appearing for court, she could face additional charges that could significantly add to her sentence, and also is building a record that could severely hinder her ability to post bond if she’s arrested later in life.

Assistant U.S. Attorney Shawn Morgan represents the government in Wriker’s case.

Also:

— Clarksburg attorney Jason Gain continued to build his reputation as a criminal defense advocate Thursday, with client Larry Douglas Morris acquitted on charges of burglary and grand larceny.

Harrison County jurors deliberated throughout much of the afternoon before finding Morris, 48, of Summit Park, innocent. Morris had been accused of helping Floyd Aki Sager III steal a truck hood, tires and rims from an Anmoore garage.

Sager, 29, of Summit Park, pleaded guilty earlier this month to grand larceny, as well as to an unrelated drug charge. He is awaiting sentencing.

Representing a different defendant, Gain also recently prevailed on a search warrant suppression motion in circuit court. That resulted in the drug charges against his client being dropped, and also paved the way for a codefendant represented by a different attorney to withdraw his guilty plea and seek dismissal of the charges.

— A 46-year-old Clarksburg man accused of violating his federal supervised release by allegedly threatening his ex-girlfriend and a male with a tire iron has been sentenced to six more months behind bars by Keeley.

Assistant Defender Katy Cimino had asked the court for a lesser sentence, while Morgan had sought an additional year for William “Bill” Crayton.

Keeley said the allegations were serious. But in rejecting the government’s recommendation, the judge noted that Crayton is innocent until proven guilty of the brandishing, trespassing, second-offense domestic assault and assault charges in Harrison County Magistrate Court.

Crayton also will have to spend 30 more months on supervised release once he completes the jail term, Keeley ruled. The defendant is to receive anger management counseling during that period, the judge ruled.

Crayton began serving supervised release last May 20 after discharging a 46-month federal prison sentence for being a felon in possession of firearms. In that case, the government had alleged he helped fence stolen guns despite prior convictions for grand larceny (1991, Ritchie County) and armed robbery and burglary (1991, Doddridge County).

State Police corporals Baron Claypool and Mark Waggamon, and Trooper Ken Parker, investigated the pending Harrison County Magistrate Court charges.

— Keeley sentenced multiple other individuals Thursday.

The judge sent John H. Goff Jr., 43, of Clarksburg, to prison for 2 1/2 years, followed by 3 years of supervised release, for aiding and abetting distribution of methamphetamine. The Greater Harrison Drug and Violence Crimes Task Force investigated. The attorneys were Morgan and Cimino.

Keeley, noting post-arrest rehabilitation efforts by Rodney W. Swiger and Brian M. Barnes, placed them on probation for 2 years.

Swiger, 46, of Clarksburg, represented by Craig Erhard, was convicted of aiding and abetting distribution of bath salts in a Harrison County drug task force case. Barnes, 34, of Clarksburg, represented by Deandra Burton, was convicted of aiding and abetting distribution of methamphetamine, also in a drug task force case.

Morgan was the government’s lawyer in the Swiger and Barnes cases, as well as in the sentencings of Hazelton medium security prison inmates Marcus Brown, 27, and Samuel Bynum, 24.

Brown and Bynum had pleaded guilty to aiding and abetting use of mail to facilitate a drug trafficking crime. They were accused of having someone mail them heroin that they intended to distribute to inmates.

Represented by Sean Logue, Brown had 6 months added to his term of 10 years from Washington, D.C., where he was convicted of perjury and obstruction of justice in a gang-related case.

Represented by Federal Defender Brian Kornbrath, Bynum also got 6 months added to his term of 207 months from the District of Maryland for carjacking-related crimes.

Another defendant represented by Kornbrath, Arthur Sean Warner, 43, of Morgantown, was sentenced to 12 years and 7 months in prison, followed by 3 years of supervised release, for possession with intent to distribute crack cocaine. Assistant U.S. Attorney Zelda Wesley represented the government in the Mon Valley Drug and Violent Crimes Task Force case.

— John A. Burdette, 30, of Marietta, Ohio, pleaded guilty Thursday before Harrison County Circuit Judge John Lewis Marks Jr. to soliciting a minor via computer.

Burdette will be sentenced in May in the case investigated by Bridgeport Police Lt. Gary Weaver, according to the office of Harrison County Prosecutor Rachel Romano.

— Robert J. Gongloff, 25, of Weirton, has been charged in federal court with production of child pornography, according to U.S. Attorney William J. Ihlenfeld II.

Originally from Terra Alta, Preston County, Gongloff allegedly produced numerous images and videos depicting nude minors and minors in sexually explicit conduct, the government has alleged. Gongloff went on MeetMe.com posing as 17-year-old Johnny Williamson to transmit sexually explicit photos to juvenile females, the government has alleged.

Homeland Security Investigations has asked anyone with knowledge of Gongloff’s unsupervised contact with minors to call 1-866-DHS-2ICE.

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According to the criminal complaint filed at Marion County Magistrate Court, Dahlia, 46, of 1116 Morgantown Ave., Fairmont, is charged with one count of embezzlement after using his position as treasurer for the East Fairmont Rockets football and cheerleading organization to make numerous purchases totalling almost $6,500.

Purchases were made for fuel, food, pool care items, car washes, DVDs, on-line purchases from Amazon.com, and items for his own consulting business from “IStock International.”

According to the complaint, he used the organization’s credit/debit card to make these unauthorized purchases.

The complaint further charges that Dahlia also charged the organization $1,600 for black-and-white copies of a flyer made from his home/work computer.

The complaint also charges that deposits Dahlia made into the Rockets’ checking account shows cash missing from those deposits of more than $2,000.

Dahlia, a former Fairmont deputy mayor, turned himself in to police Wednesday afternoon and was arraigned at Marion County Magistrate Court on a warrantless arrest. He is free after posting $10,000 bond.

He has been treasurer of the East Fairmont Rockets since January of this year.

Dahlia was interviewed by Cpl. Edward Boyle, investinging officer, with his attorney present at the Fairmont Detachment.

“He was cooperative,” Boyle said of Dahlia. Dahlia is being charged with one count of embezzlement, “at this time,” he added.

“The grand jury could indict him on other charges,” Boyle said.

He said that police were told of the incident from board members of the youth organization.

Embezzlement violates 61-3-20 of the West Virginia Code.

Conviction brings a sentence of one to 10 years in the penitentiary, or at the court’s discretion, up to one year in jail and a fine of up to $2,400.

The complaint states that Dahlia admitted to “mishandling” the funds and “fraudulently converting the money to his own use.”

Information obtained for the complaint was gained from bank records for the East Fairmont Rockets, Walmart security videos and receipts, and statements from board members and Dahlia.

Mark White, president of East Fairmont Rockets, had no comment other than to say he and another individual uncovered and reported the incident.

“There were some accounting irregularities,” said Dahlia’s attorney, Sean Logue of Morgantown.

“Whatever differences there are, he will attempt to repay any amounts that are missing.

“He loves his community and feels terrible about the situation. He will do what it takes to make things right.

“All parties will be made whole at the conclusion of the case.”

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Media outlets report John Dahlia was arraigned Wednesday in Marion County Magistrate Court after turning himself in.

A criminal complaint says Dahlia is the treasurer for the East Fairmont Rockies football and cheerleading organization.

It says he used the group’s electronic funds card to make personal purchases of nearly $6,500 that included fuel, food and items for his own consulting business. He’s also accused of charging the Rockets $1,600 in copying expenses, and $2,000 was missing from deposits he made into the group’s checking account.

Dahlia’s attorney, Sean Logue of Morgantown, says Dahlia has attempted to pay back the funds that were missing. 

Dahlia is free on $10,000 bond.

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