RACHEL C. DOVE
Staff Writer
WILLIAMSON - The Mingo County Circuit Courtroom was packed with family members and friends of defendants who were being arraigned Thursday morning before Mingo County Circuit Judge Michael Thornsbury after being indicted by the April Grand Jury, and some of those present were overcome with emotion.
Several appearing before the judge had been arrested on sealed indictments stemming from illegal drug activity.
A total of 31 indictments were returned by the grand jury, with 12 of those sealed to the public until the arrests were made. A total of 25 defendants were arraigned; the six that remain outstanding are all sealed indictments still awaiting arrests.
One indictment that garnered its share of attention stemmed from an October 2011 motor vehicle accident that claimed the life of a Belfry High School graduate who was a Norfolk Southern Railroad conductor.
Joshua Bly Miller was arrested on DUI causing death charges following a one vehicle accident that occurred on U.S. 119 near Borderland in which he allegedly was the driver. Miller was traveling with three passengers, Zach Smith, Paul David Howard, Jr. and Adam York.
York was pronounced dead at the scene, and Smith received life-threatening injuries that he was fortunate enough to overcome. Miller and Howard both escaped with minor injuries.
Miller was indicted (A12-F45) on one count of DUI causing death and one count of DUI causing bodily injury.
During the arraignment, Mingo County Prosecuting Attorney C. Michael Sparks requested that Judge Thornsbury mandate a DNA sample from Miller, to be compared with DNA traces found on the two front air-bags in the SUV that deployed during the accident.
Speculation and rumors circulating around this accident since it occurred have raised questions about the possibility that Miller may have actually been in the front passenger’s seat during the accident, and that Howard was the driver.
During forensic investigations, DNA was detected and preserved from both air-bags, and the DNA of Miller will be compared to the two specimens collected. These tests should provide the answer that not only the prosecutor’s office needs to proceed with this case, but will also give closure to those who have a lost a loved one or had one injured and who may have doubts about the details surrounding the fatal crash.
The remainder of the arraignments is as follows:
• Indictment A12-F30, State of West Virginia vs. Billy Blankenship, included three counts of child neglect creating risk of injury. Blankenship was represented by Attorney Jerry Lyall.
• Indictment A12-F31, against Charles Edward Chafin contains one count of operating a Clandestine (Methamphetamine) drug laboratory, one count of possession of a Schedule II Controlled Substance (Methamphetamine) with intent to deliver and one count of conspiracy to operate a Clandestine lab. Chafin was represented by Attorney Kathryn Cisco-Sturgell.
• Indictment A12-F32, whose contents were sealed, was served on April Dong on Wednesday evening at the Southwestern Regional Jail at Holden where she was incarcerated for other offenses. Dong was indicted on 2 counts of delivery of a Schedule II Controlled Substance (Oxycodone). Dong was represented during the court proceeding by Attorney Joshua Ferrell.
• Indictment A12-F34, State of West Virginia vs. Noah Albert Evans Jr., includes one count of operating a Clandestine Drug Laboratory, one count of possession of a Schedule II Controlled Substance (Methamphetamine) with intent to deliver and 1 count of conspiracy to operate a Clandestine lab. Evans was represented by Attorney Stacey Kohari.
• Indictment A12-F35, Noah Albert Evans Sr., father of the above named defendant, who was arrested on the same charges, was also indicted for one count of operating a Clandestine Drug Laboratory, one count of possession of a Schedule II Controlled Substance (Methamphetamine) with intent to deliver and one count of conspiracy to operate a Clandestine lab. He was represented by Attorney Marsha Rumora.
• Indictment A12-F36, State of West Virginia vs. Brian Gibson charges the defendant with three counts of child neglect causing risk of injury. The defendant failed to appear in court, and a capias was issued for his arrest. Attorney Susan Van Zant, legal representation for the defendant, was present in court.
• Indictment A12-F37, against defendant Brandon Goins, includes charges of one count of entry of building other than a dwelling, one count of grand larceny and one count of conspiracy (entry of building other than dwelling).
While addressing the defendant, Judge Thornsbury asked if he could pass a drug test following the arraignment hearing. Goins paused, and then replied “no”.
“I didn’t think so,” said the Judge. “You get a free pass today, but it’s your last.
“No more pills, no more marijuana, no more nothing,” said the judge. “You will stay drug free, do you understand?” To which Goins replied, “Yes, your honor.”
Goins was represented by Attorney Christopher Younger.
• Indictment A12-F38, State of West Virginia vs. Daniel Hall contained one count of operating a Clandestine drug laboratory, one count of possession of a Schedule II Controlled Substance (Methamphetamine) with intent to deliver and one count of conspiracy to operate a Clandestine lab. Hall was represented by Attorney Diana Wiedel.
• Indictment A12-F39 was another of the sealed indictments, this one against James Hosely. Charges included two counts of delivery of a Schedule I Controlled Substance (marijuana). Attorney for the case was Susan Van Zant.
• Indictment A12-F40 against Roger Scott Johnson contained one count of destruction of property ($2,500), one count of burglary and one count of grand larceny. Legal representation for the defendant was Attorney Paul Montgomery.
• Indictment A12-F41, State of West Virginia vs. April Dawn Lester, included three counts of child neglect creating risk of injury. Lester was represented by Attorney Ron Rumora.
• Indictment A12-F42 was against Jason E. Lester, husband of the above listed defendant, and also contained three counts of child neglect creating risk of injury. Lester was represented by Attorney Jane Moran.
• Indictment A12-F43 was a sealed indictment, and was returned against Arthur “A.C.” Lovett, and included one count of Distribution of a Controlled Substance (Cocaine) within 1,000 feet of a school by person 18 years of age or older. Lovett was represented by Attorney Joshua Ferrell.
• Indictment A12-F44, State of West Virginia vs. Zan Wayne Maynard included three counts of malicious assault. He was represented by Attorney Christopher Younger.
• Indictment A12-F46, another of those that were sealed, was against Matthew Parks, who was served at the Southwestern Regional Jail where he is incarcerated on previous drug-related charges. Parks was indicted on additional charges that included one count of possession of a Schedule II Controlled Substance (Cocaine) with intent to deliver and one count of possession of a Schedule II Controlled Substance (Oxycodone) with intent to deliver. Attorney Kathryn Cisco-Sturgell represented Parks.
• Indictment A12-F47 was against Jessica Lynn Parsley, and included three counts of forgery of public record. Parsley was represented at the arraignment by Attorney Marsha Rumora.
• Indictment A12-F48, a sealed indictment, was against Justin Patterson on one count of possession of a Schedule II Controlled Substance (cocaine) with intent to deliver, one count of fleeing vehicle while DUI, one count of first offense DUI and one count of driving on a revoked license. Legal representation for Patterson was Jonathan “Duke” Jewell.
• Indictment A12-F49, State of West Virginia vs. Ronald Pope contained one count of entry of building other than dwelling, one count of grand larceny and one count of conspiracy to enter building other than a dwelling. Pope was represented by Attorney Diana Wiedel.
• Indictment A12-F50 against Larry Rayser III included one count of entry of a building other than dwelling and one count of grand larceny. Rayser was represented by Attorney Jonathan “Duke” Jewell.
• Indictment A12-F51 was returned against Arvil Runyon, Jr., and included one count of operating a Clandestine drug laboratory, one count of possession of a Schedule II Controlled Substance (Methamphetamine) with intent to deliver and one count of conspiracy to operate a Clandestine lab. Runyon was represented by Attorney Jerry Lyall.
• Indictment A12-F52, State of West Virginia vs. Brittany Scott contained one count of child neglect resulting in death. Scott’s Attorney is Kathryn Cisco-Sturgell.
• Indictment A12-F55, a sealed indictment, was served on Claude Ashley “Peanut” Smith at the Southwestern Regional Jail, who was incarcerated on drug offenses and now faces additional charges of one count of possession of a Schedule I Controlled Substance (marijuana) with intent to deliver and one count of possession of a Schedule II Controlled Substance (Hydrocodone) with intent to deliver. Smith was represented by Attorney Diana Wiedel.
• Indictment A12-F57 against Danny Swafford includes charges of one count of entry of building other than a dwelling, one count of grand larceny and one count of conspiracy to enter a building other than a dwelling. He was represented by Attorney Ron Rumora.
• Indictment A12-F58 against Stephanie Michelle Teeters was for two counts of child neglect creating risk of injury. She was represented by Attorney Kathryn Cisco-Sturgell, standing in for Jeffrey Simpkins.
Prosecuting Attorney C. Michael Sparks commended everyone for their time and efforts, and shared a few comments following the proceedings.
“I applaud the grand jury for their hard work, attentiveness and efficiency,” said Sparks. “It is great to have Williamson Police Chief C.D. Rockel back with the department after a leave of absence for an illness. Chief Rockel is among the best drug enforcement officers in the State of West Virginia.
“Mingo County Sheriff’s Department Cpl. Norman Mines should also be recognized for his outstanding productivity.
“During this grand jury session, we surpassed a milestone of 700 indictments during my tenure as Mingo County Prosecuting Attorney,” said Sparks.
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