Category Archives: Plea Agreements

Two Charleston Cops Get Plea Deal For Spotlighting Deer

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As I detailed in a previous post, which can be found here, two Charleston cops, who were off-duty, were caught spotlighting and shooting a deer on W.Va. 34 near Liberty. Did they admit to their crime, apologize and beg the public for forgiveness? No, or course not, the law only applies to citizens, not cops, right? They claim they were ending the suffering of a poor injured deer. Even if that were true, and even if cops are allowed to do this, would it be proper to do it at night with a spotlight? In West Virginia, there are farmhouses all over the place. How could you be sure you wouldn’t kill some innocent person?

These cops are obviously lying, and nobody seems to care. Okay, assuming they shot this deer as part of their official duty, did they radio the dispatcher as to what they were doing? Were they even in their jurisdiction? Everyone knows thats a bunch of garbage. They committed an illegal act, then they got preferential treatment. The DNR officer even stated that “it was difficult to investigate two law enforcement officers….” Why in the world would it be difficult. If I was a cop and I became aware of two crooked cops using their badge and gun to break the law, I would get great enjoyment out of busting them and taking them to task. Heck, they are slandering your profession with their reckless disregard for the law and their utter hypocrisy.

So these cops got a plea deal. They were allowed to plead no contest and were given fines. Apparently the conspiracy charges were dropped as well. The Charleston Police Chief is apparently struggling with what, if any, discipline these officers should suffer with respect to their jobs. Hello…. what about the fact that these cops are lying through their teeth while pleading no contest at the same time? How many poor saps have been convicted based on the testimony of these two cops? I say, let’s reopen all of those cases, because these two guys are liars. Despite this, nobody wants to face the fact that cops lie on the stand, under oath, every single day. Why? Who knows and who cares. They have a variety of reasons, not limited to covering up their own wrongdoings.

The fact is though, that these two cops are lying and it is obvious. The cover-up is worse than the original crime. So they spotlighted deer… in the grand scheme of things it is no big deal. Nobody is perfect, we have all done things that are illegal at one point in our lives. They should have apologized and asked for forgiveness.

These two are hypocrites and liars, period.

You can read the entire article here.

– John H. Bryan, West Virginia Attorney.

Bluefield Man Pleads to Voluntary Manslaughter – Not a Bad Deal

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From the Bluefield Daily Telegraph:

A Bluefield man facing first-degree murder in the 2007 shooting death of a another Bluefield resident entered into a plea agreement Tuesday in Mercer County Circuit Court.

Ronald Jerome Finney, Sr., also known as R.J., 53, pleaded guilty before Judge Derek Swope to a felony charge of voluntary manslaughter. Finney was indicted in February on first-degree murder in the Oct. 31, 2007 shooting of Donald Lamont Greene, 32, of Bluefield. Greene died as the result of a gunshot wound to the chest.

Finney was apparently claiming that he fired in self defense, stating that he was in fear for his life. However, the situation stemmed from him attempting to purchase crack-cocaine – not exactly a “clean hands” position to be in. Furthermore, his story was pretty shaky. Finney said in his statement that he waited outside [the drug dealer’s house], and that Greene later came up to him, threatened him, and “he acted like he had something in his pocket, so I just shot him,” adding that he fired a second time when Greene “then tried to get something out.”

Finney must have been pretty believable though, because prosecutors gave him a pretty good deal – voluntary manslaughter – only carrying a determinate sentence of 3 to 10 years (compared with life for first degree murder, or up to 40 years for second degree murder). This was well-worth accepting in lieu of taking a chance with the jury and possibly facing life in prison.

You can read the full article here.

– John H. Bryan, West Virginia Attorney.

Mercer County Teacher Charged With Sexual Abuse- Illustrates Abuse of the Law

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From the Charleston Daily Mail:

A Montcalm High School teacher accused of having a relationship with a student faces sexual abuse and abduction charges.

State Police First Sgt. Gary Tincher says 30-year-old Christi Lee Williams was arrested in late April.

Williams remains free on bond after being charged with sexual abuse by a parent, custodian and guardian and abduction of a student within 1,000 feet of a school.

Tincher says Williams is accused of having a relationship with a 16-year-old male student who allegedly left school property with her.

Tincher says the teacher has been suspended from her job.

What is the deal with young, attractive teachers across the country having these sexual relationships with young boys? I can’t remember hearing anything like this when I was in high school – other than in a Van Halen song.

Let’s look at the charges: First, abduction of a student within 1,000 feet of a school. Okay, that charge is garbage. The kid was 16 – old enough to drive, and actually 16 is the age of consent. The allegations are that he went willingly. Prosecutors and legislators can make up whatever law and charges they want, but the fact is that there was no abduction. This is just a garbage charge to help them get a plea.

Secondly, sexual abuse by a parent guardian or custodian. This is the most abused and misused charge on the books. The reason is this: in almost every situation, like it or not, the legal age of consent in West Virginia is 16 years old. That means that ignoring relationships, this 16 year old kid can have sexual relations with whomever he wants. However, if there is a relationship, then all of a sudden the other party goes to prison for 10 to 20 years. That’s right, that is the punishment for this charge (something that you are not allowed to tell the jury). So, if the prosecutor alleges the other party is a babysitter, teacher, whatever – even if the kid is 16 or 17 and has his own car and drives all over the place, it then becomes punishable by 10 to 20 years. This is an abuse of the law. The charge was meant to cover awful situations where parents or actual guardians abuse children under their care. The problem is that the statute was written much to broadly, thus allowing police and prosectors to abuse it. For instance, this woman is facing 10 to 20 on that charge. Under the statute, technically, she can be convicted on it. The jury never gets to know that she will get 10 to 20. They will assume she will get probation, or maybe 6 months or a year. She will get convicted on the charge, despite the unfairness of it. The end result is, that her lawyer will most likely advise her not to take the chance of going to trial, and to accept the plea offer of misdemeanor battery with a sexual motivation, or something like that, which will put her in jail for a year and make her a registered sex offender for life.

Read the full article here.

– John H. Bryan, West Virginia Attorney.

McDowell County Pharmacist Admits Crimes Tied To Gambling

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From the Charleston Gazette today:

Yesterday Saad Kamil Deeb, a Welch Pharmacist, pled guilty to a 3 count information, charging him with enlisting others to help him conduct transactions at a McDowell County bank so that he could move large amounts of money without triggering a Currency Transaction Report. A financial institution is required to file such a report with the Internal Revenue Service for any transaction over $10,000.

Assistant U.S. Attorney Hunter Smith said that between 2001 and 2005, Deeb became heavily involved in gambling on sports, betting large sums of money and even placing bets on behalf of his friends.
Whether he won or lost, his gambling proceeds or debts were paid in cash, Smith said. Usually, the amounts would approach $100,000 before Deeb or his bookies paid up, he said. “Mr. Deeb did not want the IRS to know that he was engaged in large cash transactions,” Smith said. So he and the others would keep their transactions under the $10,000 ceiling, Smith said, sometimes transferring just under that amount to various accounts several days in a row. According to the information, Deeb and his associates moved more than $871,000 that way over a four-year period. Deeb also admitted skimming cash from the pharmacy and filing false tax returns in 2003 and 2004, failing to report roughly $300,000 in income for each year, resulting in a tax loss of $175,000. Deeb has since filed amended reports and caught up on the taxes he owes, Smith said.

Who knew that a small town pharmacy could make that much so as to skim $300,000 per year for a gambling habit (addiction)? It makes you wonder who is at fault for the high prices of prescription drugs… My grandfather was a small town pharmacist, and for part of my life I grew up in his pharmacy. Things must have changed a lot since then… or maybe that is just par for the course in McDowell County….

– John H. Bryan, West Virginia Attorney.

Monroe County School Bus Driver BAC was .093

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From today’s Register-Herald:

Prosecutor: Bus driver’s alcohol level was higher than field test showed

— MONROE COUNTY

By Christian Giggenbach
Register-Herald Reporter

UNION — Medical tests have revealed the blood alcohol level of a Monroe County school bus driver charged with DUI following an accident in February was considerably higher than his preliminary on-scene breath test, a prosecutor said Tuesday.

Clyde Watson Jr., 62, of Union, appeared briefly before Monroe County Magistrate Nancy Crews for a pre-trial hearing and was represented by Gap Mills lawyer Geoffrey Wilcher.

State Police charged the 14-year veteran school bus driver with DUI with minors in a vehicle after he crashed his school bus down a 120-foot ravine with 11 children aboard on Feb. 5.

School officials said Watson over-corrected his steering after running off the right side of the road and then slammed through a telephone pole before plunging down the ravine and finally coming to rest over a small creek. No children were injured in the accident.

County Prosecutor Rod Mohler told Crews a “plea agreement has been offered” to Watson which allows the defendant to plead guilty “as charged.”

“Based on Mr. Watson’s years of community service, the state will not object and would be willing to agree to the minimum sentence and fine,” Mohler said. “I think Mr. Watson wants to take some additional time to think over what has been offered and the state will not object.”

Two days after the accident, Watson apologized for his actions in a letter to the school board and also tendered his resignation. In the letter, Watson said he had “hit rock bottom” the morning of the accident and had “an ongoing alcohol problem.”

Mohler’s case against Watson was strengthened greatly after the defendant’s blood test showed a .093 BAC level nearly two hours after the accident.

A preliminary breath test at the scene indicated a relatively low level of alcohol, about .022. Preliminary tests cannot be used as evidence in a trial. However, a blood test can be used as evidence and Watson’s new BAC is higher than the state’s .08 legal limit. After a person’s BAC level reaches .08, a driver is “presumed to be impaired” under West Virginia law. A state CDL regulation requires drivers to be under .04.

Watson did not speak and quickly exited through the back door of the magistrate’s office with family members after the five-minute hearing.

Mohler called the new BAC reading “substantial” and said it puts to rest other issues that previously were raised concerning the accident. At the time of his arrest, Watson told police he had taken the cold medicine Nyquil, which contains alcohol, the night before the accident. Mohler had previously indicated the defendant may also have been diabetic.

“This also takes any health issues out of the picture as the cause of the accident,” Mohler told The Register-Herald after the hearing.

Crews tentatively scheduled another hearing in 30 days. If convicted, Watson faces two days to 12 months in jail and up to a $1,000 fine.

— E-mail: cgiggenbach@register-herald.com

Federal Judge Rejects Plea at Hearing

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From the Charleston Gazette:

Note: If the woman is telling the truth, then bravo for the judge to immediately halt the hearing, as there is no basis for the plea and the lady is being railroaded. However, there may be other evidence that she is not telling the truth. For instance, there may be a prior statement given by the defendant. It is doubtful that her attorney would advise her to take this plea if there was no other evidence other than the fact that she actually mailed the package. But, if there is not, then she should not accept the plea. Defendants should never be forced to accept a plea even though they are innocent, just because a conviction is possible. – John H. Bryan, West Virginia Criminal Defense Attorney.

Crime details lacking, so judge rejects plea

By Andrew Clevenger
Staff writer

A plea hearing in federal court came to an abrupt end on Thursday, after a Mingo County woman accused of laundering drug money said she had no idea what was in a package she allegedly mailed.

Chief U.S. District Judge Joseph R. Goodwin asked Lorene Canterbury of Dingess to explain exactly what she did to constitute the crime of money laundering.

“I mailed a package from Naugatuck, West Virginia,” she said. The package, which she sent to Chicago, contained two books she bought at Books-A-Million and a manila envelope, she said.

When Goodwin asked her what was in the envelope, Canterbury said she didn’t know.

“Honestly, I can’t say, but I’m taking responsibility for it,” she replied. “I thought it was a T-shirt.”

Goodwin immediately halted the proceeding.

“This plea hearing is over,” he said. “I reject the plea.”

The judge then stood up and walked out of the courtroom.

Canterbury was charged via an information, which generally indicates a defendant is cooperating with authorities. An information cannot be filed without a defendant’s permission.

According to the information, Canterbury allegedly mailed $54,000 in cash on Sept. 17, 2003, for the purpose of laundering the proceeds of powder cocaine sales.

After the hearing, Assistant U.S. Attorney Josh Hanks said the case was now back to square one, as if nothing had ever happened.

When plea deals are rejected by a judge, prosecutors can continue investigating cases and try to get an indictment from a grand jury, or lawyers for both sides can discuss another agreement, he said.

To contact staff writer Andrew Clevenger, use e-mail or call 348-1723.

Ex-PTO Mom Pleads Guilty to Embezzlement

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From the Charleston Gazette:

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Dawn Compton, who pleaded guilty to embezzling more than $10,000 from the West Teays Elementary parent-teacher organization, consults with her lawyer, David Moye, in Putnam Circuit Court on Thursday. ..

Ex-PTO mom pleads guilty to embezzling more than $10,000

By Alison Knezevich
Staff writer

WINFIELD – The former president of a Putnam County parent-teacher organization pleaded guilty Thursday to embezzling more than $10,000 from an account meant for playground equipment and a school carnival.

Dawn R. Compton, 42, admitted in Putnam Circuit Court that between August 2006 and July 2007, she had taken $10,338.07 from the West Teays Elementary School PTO to buy items for herself.

At her hearing, she wrote out a $3,000 check to the PTO. Her lawyer, David Moye, said he would mail the check to the PTO today.

Compton told the judge she would be able to pay back the rest of the money by the end of August.

“She and her husband are working together to withdraw it from his 401(k) plan,” Moye said.

Students at the elementary school missed out on new playground equipment, a year-end carnival, and other activities because of Compton’s dishonesty, PTO vice president Jennifer Johnson told the Gazette. One of Compton’s children attends the school, she said.

“Taking money from these children – that’s just sad,” Johnson said. “I can’t tell you how many volunteer hours I put in to raise that much money.”

PTO officers started getting suspicious last spring, she said. Usually, the checking account had a healthy balance of tens of thousands of dollars.

“We started receiving collection notices and bills that had not been paid, and there was no money to be found,” she said. “We didn’t have a penny.”

Compton had complete control of the finances, Johnson said.

“She would not let anyone touch the checkbook,” she said. “Even the treasurer.”

Johnson said she feels sorry for Compton’s family, but “parents need to know that there are consequences.”

In court, Compton said she would usually write PTO checks out to cash, and then use the money for herself.

She also would go to stores such as Sam’s Club and use PTO money to buy items for both the school and herself, Moye said.

“She wanted to make it right with the PTO,” he said.

The missing money caused somewhat of an uproar among West Teays parents last summer. Last July, Putnam County schools treasurer Bill Duncan went over the group’s books after parents alleged money was missing.

On Thursday, Duncan said he had turned over his findings to a police officer months ago. He said he never knew that Compton had been charged with a crime.

“I’m happy that [prosecutors] followed through with it,” Duncan said. “We lose the faith of the public if they feel that their money’s not safe. That’s my greatest concern.”

Compton was charged via an information, which usually means a defendant cooperated with investigators. She waived her right to indictment by a grand jury.

Spaulding released Compton on a $10,000 personal recognizance bond. Assistant Prosecutor Larry Frye said she had cooperated with prosecutors and was not a flight risk.

She could face one to 10 years in prison and a $2,500 fine when she is sentenced April 11.

Ex Huntington Car Dealer Pleads Guilty to Fraud

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From the Charleston Daily Mail:

Ex-car dealer pleads guilty to defrauding bank

by The Associated Press

HUNTINGTON — A former car dealer who falsely obtained at least $2.5 million from BB&T through a financing scheme pleaded guilty Monday to federal fraud charges.

Frederick G. Davis of Lesage admitted that he used a line of credit for his dealership to defraud the bank. The 51-year-old Davis owned Davis Chrysler Plymouth Jeep Eagle in Huntington until 2003, when he sold it.

U.S. Attorney Charles Miller’s office says the fraud occurred from July 2001 through December 2002 and cost BB&T between $2.5 million and $7 million.

Davis pleaded guilty to one count of bank fraud and one count of engaging in an unlawful monetary transaction.

He faces up to 40 years in prison and a fine of at least $1.25 million. Sentencing is set for June 8.

Update: O’Brien, Henthorn and **** Plead Guilty in Greenbrier County Cattle/Bank Scandal

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From the Beckley Register-Herald:

Note: See my earlier post regarding this case here. Each defendant faces a maximum of 30 years in federal prison. Obviously each will receive less than that. Their sentencing, which will take place in June will follow the federal sentencing guidelines, which I will not attempt to decipher in this post. Almost positively however, they all will do time. You can also read today’s Charleston Gazette article about this case here, and the Charleston Daily Mail article here. – John H. Bryan, West Virginia Criminal Defense Attorney.

Three plead guilty in cattle, bank scandal

Christian Giggenbach
Register-Herald Reporter

A businessman and two former bank officials pleaded guilty Monday in Beckley’s federal court to charges stemming from a Greenbrier County $4.2 million cattle and banking scandal.

A federal postal inspector testified that an investigation by State Police involving dirty dealings by cattle broker Kevin Scott O’Brien, of Ronceverte, also led to separate criminal charges being filed against former First National Bank of Ronceverte president and CEO Charles A. Henthorn and former First National Bank board director ****.

Last month, O’Brien, 28, was charged in an information with one count of mail fraud, but the complaint also listed several instances of fraudulent business practices including “phantom herding” — selling the same cattle to multiple buyers — check kiting, bribing a bank official, and running pyramid or “Ponzi” schemes.

Prosecutor’s say O’Brien used sophisticated schemes to defrauded investors and businesses out of $4.2 million beginning in early 2005 while brokering cattle deals in West Virginia, Illinois, Texas, Virginia and Nebraska.

Monday’s testimony revealed O’Brien signed a plea agreement with prosecutors in May 2006 and then helped police gather evidence against Henthorn, 48, by wearing an undercover wire which secretly taped the bank president incriminating himself about taking bribes.

Prosecutors then used that evidence and more in persuading Henthorn to wear an undercover wire which recorded incriminating statements made by ****.

There was no evidence that **** wore an undercover wire during the federal investigation which also included FBI and FDIC officials. State Troopers Sgt. V.S. Deeds and W.A. Pendleton, who brought their investigation to federal prosecutors, were present for Monday’s hearing.

Last month, Henthorn was charged with accepting nearly $10,000 in bribes from O’Brien, and **** was charged with aiding and abetting those bribes. Henthorn originally brokered his deal with prosecutors nine months ago and **** signed a plea agreement last August, Forbes said.

When asked why nearly two years had elapsed since O’Brien’s first contact with prosecutors, Forbes said O’Brien’s and Henthorn’s cooperation “took many months to develop.”

“There is no evidence that any criminal activity goes beyond these three defendants,” U.S. Attorney L. Anna Forbes said after the hearing.

O’Brien softly said “yes, your honor” when U.S. District Judge Thomas E. Johnston asked him point blankly: “Did you do it?”

Although O’Brien’s felony charge was specifically based on a $362,000 check he received in the mail after defrauding a Virginia cattle owner, much of Monday’s testimony concentrated on the four bribes O’Brien gave to Henthorn.

Postal Inspector Burl Fluharty testified **** introduced O’Brien to the bank president and told the cattle broker that Henthorn had “the keys to the bank.”

“**** advised O’Brien that payments to Charles Henthorn would help him procure loans,” Fluharty said. “**** facilitated these bribes to the bank president.”

Forbes said O’Brien gave Henthorn four separate bribes in late December 2005, with two cash payments totaling $2,200 and two checks written from his Shamrock Farms business account of $2,500 and $5,000. Forbes entered both checks into the court record as evidence against O’Brien and Henthorn. Henthorn was represented by Charleston lawyer James Cagle.

“It was expected that Charlie Henthorn would extend favorable treatment to Kevin O’Brien and be generally influenced in banking matters,” Fluharty told the court. No specific loan was tied to the bribes.

All three defendants posted a $10,000 unsecured bond and were immediately released after Monday’s hearing. None were available for comment. Each faces a maximum prison sentence of up to 30 years; however, it is unlikely that any of the sentences will be that stiff. Johnston set all three sentencing hearings for 10 a.m. June 30. The trio also face a bevy of fines.

O’Brien, a 1999 graduate of Greenbrier East High School, told the court he previously had worked for his father’s asphalt and excavating business and a NAPA store prior to brokering cattle deals. His federal bankruptcy case is still pending and one court official said O’Brien’s liabilities now total almost $8 million.

Forbes said “close to a dozen victims” were cheated out of money by O’Brien.

O’Brien’s defense attorney, Rodney Smith of Charleston, suggested that the $4.2 million number that prosecutors say his client defrauded investors will be challenged. Karin Nelson, who claims O’Brien cheated her out of $200,000, attended the hearing but declined comment.

Henthorn told the court he had been in the banking industry for 25 years. A former bank examiner, Henthorn resigned from First National last summer after working there for over 10 years.

****, who was represented by Charleston lawyer Michael Cary, said he began working in the real estate business with his father in 1974. He now owns two Virginia car dealerships and is a Realtor and auctioneer. **** had been on the bank’s board for eight years until his resignation last July.

— E-mail:

cgiggenbach@register-herald.com

Special Grand Jury and Special Prosecutor Called for Beating of Greenbrier County Prosecutor

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From today’s Beckley Register-Herald:

Special jury called for prosecutor beating

By Christian Giggenbach
Register-Herald Reporter

LEWISBURG — A Greenbrier County judge has ordered a special grand jury to convene next month to decide if a sheriff’s deputy will be indicted for allegedly beating county prosecutor Kevin Hanson last year during a front yard altercation.

Special prosecutor Dan Dotson of Braxton County filed a motion in circuit court last week and Judge James J. Rowe issued the order Friday for a special grand jury to convene March 18. The order also states that no member of the February grand jury, which meets today, may be called for the special grand jury.

Dotson said a special grand jury was necessary because the victim in the case, Hanson, presents evidence for indictments to the regular county grand jury.

Deputy Kevin Sawyers, a seven-year veteran of the Greenbrier County Sheriff’s department, has been charged by State Police with unlawful wounding stemming from an altercation with Hanson last August.

Dotson said up to 25 citizens may be called upon to comprise the 16-person jury. At least 12 jurors must vote that probable cause exists that a crime has been committed in order to “return a true bill” or indictment.

“The people that will hear the case must not have any ties to the recent grand jury,” Dotson said by phone Monday.

Names for grand jury lists come from DMV and tax records, as well as voting registration lists, Dotson said.

During a grand jury, prosecutors normally question the arresting officer and present evidence about the alleged crime. Rules of evidence are not followed and hearsay is allowed during a grand jury.

The accused may also testify in front of a grand jury, which is rare, but it must be done outside the presence of his or her lawyer. Judges give instructions to grand juries about the elements of a crime, but are not present during any questioning.

In September, a misdemeanor battery charge was upgraded to the felony charge of unlawful wounding against Sawyers.

Hanson, the county’s prosecutor since 2001, spent several days in a local hospital recovering from his injuries. He has not been charged in the incident.

Dotson said Hanson suffered a broken nose, separated shoulder, bruises, swelling, lacerations and abrasion from Sawyers’ attack.

The criminal complaint filed by Princeton State Trooper Sgt. M.R. Crowder states Sawyers, 37, “arrived at his estranged wife’s residence” on Aug. 2 and found Hanson “in the driveway area.”

Sawyers had previously filed for divorce from his wife, who is employed as a legal assistant at the county prosecutor’s office.

Sawyers’ defense attorney, Tom Czarnik, could not be reached for comment Monday. Sawyers remains free on $2,500 bond and was placed on paid administrative leave from his job pending the resolution of his charges.

If convicted, Sawyers faces a maximum prison sentence of five years.

Note: My guess would be that this case will go to trial – before a jury. A couple of things to point out: here you have a 7-year veteran of the Sheriff’s Department beating up the elected prosecutor. He was initially charged with misdemeanor battery, but the charges were upgraded to a felony after a “special” prosecutor was brought in on the case. Much like cops, prosecutors don’t take too kindly to one of their own getting attacked. You have to wonder if the everyday bar fight – albeit with injuries requiring hospitalization – brings a felony charge. I haven’t seen very many of those. Misdemeanor battery will probably be offered as a plea, but if he takes it he surely will lose his job. Thus, I think this case will go to trial. Historically, the husband-beats-up-other-man-with-wife defense has faired pretty well before juries – even in murder cases. Furthermore, this defendant is an Iraq war veteran, and probably a pretty sympathetic guy. I give him a good shot at being acquitted. – John H. Bryan, West Virginia criminal defense attorney.