1. The cost of incarceration was $43,300 paid by Pocahontas County.
2. The court declared him incompetent.
3. He waived his right to a speedy trial three times.
4. 30 months later he was tried and acquitted of the first count.
5. He was remanded to jail for the other two counts.
6. He was finally released after his acquittal on one of the three
and now is awaiting trial July 2016 for the other two.
7. The diary of court activity is nine pages long.
8. His case has consumed an enormous price for public defenders. (He had two at the end.)
9. He claims to have been beaten up just prior to his release from TVRJ.
10. He was accused in count one of burning a 500 sq ft. area of land. That is the size of a 10 X 50 mobile home.
11. The first 30 months of his incarceration has cost the county approximately $80 per square foot of the alleged burn of property.
Was it worth it?
At an average of 30 months per count, will Ferrel wait another 60 months to be acquited of the other two counts. Let us hope that the county doesn't incarcerate him. One more time is apt to break the county.
1 04/18/13 GRAND JURY APRIL TERM 2013 RETURNS 3 COUNT INDICTMENT; SUMMONS
2
TO APPEAR FOR ARRAIGNMENT HRG SET FOR 5/01/13 AT 09:30
A.M.
3
ISSUED BY CLERK.
SUMMONS/INDICTMENT FWD TO PCSD TO
SERVE DEF.
4
AND ALSO SENT BY FIRST CLASS MAIL TO DEF.
5
04/29/13 RQST FOR TRANSPORTATION FAX CONFIRM RCPT.
6
04/30/13 CERTI OF PERS SERV RETURNED BY PCSD FOR DEF DATED 4-26-13 RCVD.
7
05/01/13 ARRAIGNMENT-ORDER ENTERED-DEF PLEAD NOT GUILTY TO ALL COUNTS OF
8
INDICTMENT;
PRE-TRIAL SET FOR 6-19-13 AT 9:45 AM & TRIAL SET
9
FOR 7-25-13 AT
9:00 AM; COURT SETS BOND IN THE
AMT OF $5,000 PR.
10 CONDITIONED-DEF IS TO STAY AT
HOME.
11 05/01/13 AFFIDAVIT FOR APPOINTMENT OF COUNSEL FILED BY DEF; PROPOSED
12 ORDER/AFFIDAVIT FWD TO JUDGE POMPONIO.
13
05/02/13 STATE'S NOTICE OF DISCOVERY FILED.
14
05/02/13 OMNIBUS DISCOVERY MOTION FILED BY S.
BREECE.
15 05/08/13 STATE BOND
ISSUED IN THE AMT OF $5,000 PR W/RETURN DATE OF
16 6-19-13 AT 9:45 AM, CONDITIONED DEF REMAIN AT HOME.
17
05/09/13 FAXED ORDER APPOINTING COUNSEL ALONG W/FINANCIAL AFFIDAVIT.
18
05/15/13 STATE'S RESPONSE TO OMNIBUS DISCOVERY MOTION OF DEF FILED.
19
05/15/13 STATE'S NOTICE OF SUPPLEMENTAL DISCOVERY FILED.
20
05/15/13 ORIGINAL ORDER APPOINTING PUBLIC DEF RCVD.
21
06/12/13 FAXED DEF'S FIRST SET OF
PRE-TRIAL MOTIONS FILED BY S. BREECE.
22
06/19/13 STATE'S RESPONSE TO DEFENDANT'S
FIRST SET OF PRE-TRIAL MOTIONS.
23
06/19/13 PRE-TRIAL CONF HELD-STATE ADVISED THE COURT THAT DEF HAS FAILED
24
TO NOTIFY THE STATE OF DEF
25
DISCOVERY CONF WAS HELD; ALSO,
DEF'S MOTIONS DO NOT CONTAIN A
26 CERTIFICATION OF COUNSEL
REGARDING COUNSEL'S GOOD FAITH EFFORTS
27 TO RESOLVE ANY ISSUES BY
AGREEMENT; COURT ASKS COUNSEL TO
2 8 SCHEDULE AND HOLD A DISCOVERY CONF; DEF MOVED THE COURT TO
29
CONTINUE THIS MATTER TO THE NEXT TERM OF COURT; STATE DID NOT
30
OBJECT &
COURT CONTINUED SAID TRIAL TO A DATE TO BE DETERMINED
31
BY THE COURT.
*ORDER ENTERED*
32
07/02/13 NOTICE OF DISCOVERY CONFERENCE FILED BY STATE.
33
08/21/13 ORDER ENTERED SETTING JURY TRIAL FOR 10-31-13
AT 9:00 AM; JURY
34 INSTRUCTIONS ON OR BEFORE
10-29-13.
35
10/30/13 DEF'S MOTION TO CONTINUE FILED BY D.
DANIELL.
36
10/30/13 HRG ON DEF'S MOTION TO CONTINUE-DEFENSE ASKS FOR CONTINUANCE OF
37
TRIAL SET ON
10-31-13; DEFENSE COUNSEL NOTES
THAT DEF DOES NOT
38
CONTACT HIM;
STATE RELATES HE IS IN TOWN A LOT AND THERE IS NO
3 9 EXCUSE FOR DEF TO CONTACT HIS
COUNSEL. COURT ACCEPTS WAIVER OF
4 0 SPEEDY TRIAL RIGHT OF DEF & MATTER CONTINUED TO NEXT TERM OF
41 COURT; COURT ASKS FOR DEF TO STAY IN
CONTACT WITH COUNSEL;
4 2 COUNSEL TO CONTACT CLK FOR NEW
TRIAL DATE. *ORDER ENTERED*
43 11/26/13 STATE'S
MOTION TO REVOKE BOND FILED; PROPOSED
ORDER FWD TO
44 JUDGE POMPONIO; FAXED ORDER ENTERED FILING MOTION AND
SETTING
45 HRG FOR 1-22-13 AT
10:00 AM; WARRANT FOR ARREST
ISSUED BY CLK
46 11/27/13 ON REVOCATION OF BOND.
ORDER/MOTION FWD TO RANDOLPH CO SHF DEPT
47 FOR SERVICE TO DEF AT TVRJ.
48
12/02/13 PRETRIAL RISK ASSESSMENT FILED BY TVRJ.
49
12/04/13 CERTI OF SERV RETURNED BY RANDOLPH CO SHF DEPT FOR DEF DATED
50 12-2-2013 SERVED BY CD CANFIELD AT TVRJ.
12/05/13 FAXED PRETRIAL RISK ASSESSMENT FILED.
51
12/09/13 FAXED ORDER ENTERED SETTING HRG 1/22/13
@ 1000 AM & ORDERING
53 DEF REMAIN IN TVRJ UNTIL SAID HRG; FRWD TO RANDOLPH CO SD FOR
54 SERVICE ON FARRELL KELLY AT TVRJ.
54 SERVICE ON FARRELL KELLY AT TVRJ.
55 12/17/13 CERTI OF PERS SERV RETURNED BY RANDOLPH CO SHF DEPT FOR DEF
56 DATED 12-12-13 RCVD.
57
12/23/13 FAXED ORDER ENTERED SETTING JURY TRIAL ON 2/13/14
@ 9:00 AM.
58
12/23/13 ORDER ENTERED SETTING HRG ON REVOCATION OF BOND ON 1/22/14
59 @ 1000 AM.
60
12/30/13 DEF'S REQUEST FOR COPY OF FILE RCVD;
COPY FWD TO DEF.
61
01/03/14 FAXED AMENDED ORDER ENTERED SETTING HRG ON BOND REVOCATION
62 1/22/14 @
1000 AM.
63
01/08/14 ORIGINAL AMENDED ORDER FROM LINE
60.
64
01/08/14 ORIGINAL ORDER FROM LINE #57
SETTING JURY TRIAL ON 2/13/14.
65
01/17/14 STATE'S REQUEST FOR TRANSPORT OF DEF FROM TVRJ FOR HRG SET
66 1-22-14 AT 10:00 AM RCVD.
67 01/17/14 STATE'S REQUEST FOR SUBPOENAS RCVD;
SUBPOENAS ISSUED FOR
68 SHF DAVID JONESE
& FOR CHUCK ALEXANDER FWD TO
PCSD.
69 01/23/14 SERVICE FOR CHUCK ALEXANDER &
SHERIFF DAVID JONESE RCVD
70 MARKED
"CASE CONTINUED".
71 01/31/14 FAX CONFIRMATION RCVD FROM PROS.
ATTY OFFICE REGARDING TRANSPORT
72 OF DEF TO HRG ON 2/7/14 AT 9:30.
73 01/31/14 STATE'S REQUEST FOR SUBPOENAS RCVD;
SUBPOENAS ISSUED BY CLK FOR
74 SHERIFF DAIVD JONESE, AND CHUCK ALEXANDER FWD TO PSCD TO SERVE.
75 02/03/14 CERTI OF SUBSTITUTED SERV RETURNED BY PCSD FOR CHUCK ALEXANDER
7 6 & SHF DAVID
JONESE BOTH DATED 1-31-14 RCVD.
77
02/03/14 ORDER ENTERED RESCHEDULING HRG OF 1-22-14 DUE TO INCLEMENT
79 WEATHER TO 2-7-14 AT
9:30 AM.
80 02/06/14 FAXED MOTION TO DETERMINE
COMPETENCY TO STAND TRIAL AND
81
CRIMINAL RESPONSIBILITY FILED. PROPOSED ORDER FOR SAME FWD TO
82
JUDGE POMPONIO
83 02/07/14 STATE'S MOTION TO REVOKE BOND-DEFENSE HAS NO CONTEST TO STATE'S
8 4 MOTION TO REVOKE BOND;
ASKS FOR COMPETENCY EVALUATION.
85 STATE RELATES THAT MR. KELLY
WAS WITHOUT A RESIDENCE BEFORE IN-
86 CERATION; STATE RELATES THEY ARE READY FOR TRIAL; DEFENSE
87 REQUESTS AGAIN FOR COMP. EVAL.
COURT GRANTS MOTION FOR COMPE-
88 TENCY EVALUATION &
ADJUDGES DEF DID VIOLATE CONDITIONS OF BOND.
89 TRIAL IN MATTER
IS CONTINUED. DEF REMANDED.** ORDER ENTERED**
90 02/07/14 ORIGINAL MOTION FOR EVALUATION TO DETERMINE
91
COMPETENCY TO STAND TRIAL & CRIMINAL RESPONSIBILTY
FILED BY
92
D.DANIELL,
ATTORNEY FOR DEF ALONG W/PROPOSED ORDER.
93 02/07/14 ORDER FOR INITIAL EXAMINATIONS TO DETERMINE COMPETENCY
94 AND/OR CRIMINAL RESPONSIBILITY ENTERED.
95 03/05/14 LETTER FROM DEF DATED 2-26-14 TO CLK RCVD; COPY OF 2/7/14 ORDER
96 MAILED TO DEF.
97 03/20/14 ORDER ENTERED
THAT DEF IS NOT COMPETENT TO STAND TRIAL AND TO
98 ASSIST COUNSEL IN THE
PREPARATION OF HIS DEFENSE.
99 3/27/14 COMPETENCY EVALUATION DATED 3-12-14 BY DOCTOR FILED AND SEALED
100
100
101
03/28/14 LETTER FROM DEF TO COURT DATED 3-25-14
RCVD.
102
04/17/14 STATE'S RQST FOR SUBPOENA FOR
B. M.-
PREPARED &
103 HANDED TO PROS ATTY OFFICE TO
FAX PER THEIR RQST.
104
04/17/14 FAX CONFIRM RCVD FROM PROS ATTY OFFICE
FOR SUBPOENA
105
04/23/14 ORIGINAL ORDER ENTERED SETTING HRG & DETERMINATION ON
106 6/04/14 @ 1100
AM.
107
05/19/14 FAXED ORDER ENTERED MOVING HRG FROM 6/04/14 TO 6/06/14 01100 AM.
108
05/21/14 ORIGINAL ORDER MOVING HRG TO 6/06/14.
109
05/22/14 SUBPOENA FOR B. M. FAXED BY P.A. OFFICE
110
05/22/14 FAX CONFIRMATION SHEET TO TVRJ FROM THE P.A. OFFICE FOR
111 TRANSPORT ORDER
112 05/22/14 FAX CONFIRM RCVD FROM PROS ATTY FOR TRANSPORT OF DEF TO HRG
113 ON 6/06/14.
114 06/06/14 STATUS/DETERMINATION-STATE'S WITNESS
#1, B. M.
115
COURT-DEF WILL REMAIN UNDER COURT'S
SUPERVISION AND DEF TO BE
116
PLACED FOR
EVALUATION FOR SIX TO NINE MONTHS AS TO COMPETENCY.
117
"ORDER ENTERED" 6/18/14.
118 07/31/14 DEF'S RQST FOR COPY OF FILE RCVD;
CLK'S LETTER OF
119 EXPLANATION TO DEF.
120
08/01/14 EMAIL CONFIRM FOR LINE # 118.
121
08/08/14 LETTER RCVD FROM DEFENDANT ASKING FOR ORDER
122 FOR PLACEMENT.
123 10/10/14 ORIGINAL FAXED AGREED ORDER TO PRESERVE PERSONAL PROPERTY OF
12 4 DEF AT TVRJ.
12 4 DEF AT TVRJ.
125
12/23/14 ORDER RELEASING DEFENDANT TO CONFINEMENT ENTERED.
126
12/23/14 PRELIMINARY FINDINGS AND ORDER ENTERED.
127
12/24/14 FAXED LETTER TO JUDGE RICHARDSON ALONG W/COMPETENCY EVALUATION
12 8 RCVD FROM JUDGE
& SEALED.
129
12/31/14 ORDER ENTERED SETTING STATUS HRG ON 01/28/15 AT 10:45 AM.
130
01/05/15 MOTION FOR HRG ON COMPETENCY FILED BY C. CARTE,
ASST. PUBLIC DEF
131
01/05/15 EVALUATION RCVD ON THE DEF SEALED IN FILE.
132
01/20/15 FAX CONFIRMATION RCVD FROM PROS.
ATTY OFFICE REGARDING
133 TRANSPORT OF DEF TO HRG ON
1/28/15 AT 10:45 AM
134 01/28/15 STATUS HEARING-DEF PRESENT WITH COUNSEL CLINT CARTE, PUBLIC
135 DEFENDER. MR.
CARTE MADE A MOTION FOR CLOSED PROCEEDING DUE
13 6 TO NATURE OF EVALUATION. COURT GRANTS. COURT GRANTS A MOTION
137 FOR COMPETENCY
EVALUATION. "ORDER ENTERED"
138 01/28/15 ORDER ENTERED SETTING HRG FOR PRELIMINARY FINDINGS ON 01/28/15
139 AT 10:45 A.M.
140 01/28/15 LETTER FROM THE DEFENDANT TO JUDGE RICHARDSON RCVD FROM JUDGE
141 RICHARDSON
142 01/28/15 MOTION FOR EVALUATION OF CRIMINAL RESPONSIBILITY FILED BY C.
14 3 CARTE.
144 02/13/15 ORDER ENTERED FOR DEF TO BE TRANSPORTED FROM TVRJ FOR FUTHER
145
EVALUTAION ON 2/26/15 AT 10:00 AM
146
10:00 A.M. FOR
FUTHER COMPTENCY EVALUATION.149
03/13/15 PRELIMINARY FINDINGS AND ORDER ENTERED.
150
04/15/15 ORDER ENTERED SETTING STATUS HRG ON 4/29/15 AT 10:45 A.M.
151
04/15/15 E-MAIL CONFIRMATION
152
04/17/15 FAX CONFIRMATION FOR TRANSPORT ON FARRELL KELLY FROM TVRJ FOR
153 HRG ON 4/29/15 AT 10:45 A.M.
154 04/29/15 STATUS HRG-PRESENT: DEF W/CLINT
CARTE, PUBLIC DEFENDER.
155
COUNSEL OF RECORD ASK THAT PRE-TRIAL AND TRIAL BE
SET. COURT
156
SETS PRE-TRIAL FOR 7-8-15 AT 10:45 AM AND TRIAL FOR
7-30-15
157 *ORDER ENTERED*
158
05/29/15 ORDER ENTERED MOVING PRE-TRIAL OF 7/8/15 TO 7/17/15 AT 10:45 A.M
159
05/29/15 E-MAIL CONFIRMATION.
160
06/26/15 STATE'S REQUEST FOR SUBPOENAS;
SUBPOENAS ISSUED FOR ARTHUR J.
161
YAGEL AND MAILED TO NICHOLAS CO. SHF'S DEPT FOR SERVICE AND
162
SUBPOENA ISSUED FOR ERIC JUDY AND MAILED TO GREENBRIER
CO. SHF'S
163
DEPT TO SERVE.
164 07/02/15 STATE'S REQUEST FOR SUBPOENA RCVD;
SUBPOENA ISSUED FOR MICHAEL
165 CAUDILL & FAXED BY
PROSECUTORS OFFICE TO SAME.
166 07/06/15 RETURN OF SUB SERVICE FOR ARTHUR J.
YAGEL SERVED UPON GAIL
167 THOMAS BY NICHOLAS CO. SHF'S DEPT ON 6/29/15.
168 07/07/15 FAX CONFIRMATION FOR TRANSPORT FROM TVRJ ON 7/17/15 AT 10:45
169 RCVD FROM COURTNEY.
170 07/08/15 CONFIRMATION OF SERVICE BY E-MAIL FOR MICHAEL CAUDILL RETURNED
171 BY PROSECUTOR'S OFFICE.
172
07/17/15 PRE-TRIAL CONFERENCE-PRESENT:
DEF W/CLINT CARTE, PUBLIC
173
07/17/15 DEFENDER, ADULT PROBATION
OFFICER ROBERT TOOZE. C. CARTE
174
TENDERS MOTION TO THE COURT AND ASKS THAT IT BE SEALED. MR.
175
CARTE ASKS FOR TRIAL TO BE CONTINUED. DEF WAIVES RIGHT TO
17 6 SPEEDY TRIAL. THE COURT FINDS DEF HAS
WAIVED HIS RIGHT TO A
177
SPEEDY TRIAL
AND UNDERSTANDS THIS WOULD NOT APPLY TO THE THREE
178
TERM RULE. MATTER SET FOR "DEF'S MOTIONS"
ON 8-28-15 AT
179
11:15 AM,
PRE-TRIAL CONF SET FOR 10-9-15 AT 10:45 AM & TRIAL
180
SET FOR 10-21-15 AT
9:00 AM.
181
07/17/15 MOTION TO SUPRESS DEFENDANT'S
STATEMENTS.
182
07/23/15 ORDER REGARDING GRAND JURY TRANSCRIPTS ENTERED.
183
07/23/15 E-MAIL CONFIRMATION.
184
08/21/15 CERT OF SERVICE FOR ERIC JUDY FOR THE 7/30/15 HEARING RCVD FROM
185 GREENBRIER CO. SHERIFF MARKED, PERSON NOT FOUND DATED 8/19/15
186 08/24/15 FAX CONFIRMATION FOR TRANSPORT FROM TVRJ ON 8/28/15 AT 11:15 A.M
18 7 RCVD FROM COURTNEY.
188 08/24/15 STATE'S REQUEST FOR SUBPOENA RCVD; SUBPOENA ISSUED FOR ARTHUR
189 J. YAGEL AND GIVEN TO COURTNEY TO FAX TO
NICHOLAS CO. SHF'S DEPT
190 FAXED CONFIRMATION RCVD FROM
PROS. ATTY1S OFFICE.
191
08/26/15 MOTION TO CONTINUE FILED BY EUGENE SIMMONS, PROS.
ATTY.
192
08/27/15 ORDER ENTERED CONTINUING HRG OF 8/28/15 TO 9/25/15 AT 11:00 A.M.
193
08/27/15 E-MAIL CONFIRMATION..
194
08/27/15 STATE'S REQUEST FOR SUBPONEAS
RCVD; SUBPOENAS ISSUED FOR ARTHUR
195 YAGEL AND DR. BOBBY MILLER II M.D. AND GIVEN TO COURTNEY TO FAX.
196 08/31/15 THE STATE OF WV
197 MCMILLION, ASST.
PROS. ATTY.
198
08/31/15 ORDER ENTERED MOVING TRIAL FROM
10/21/15 TO 10/26/15 AT 9:00
199
08/31/15 A.M.
200
09/16/15 FAX CONFIRMATION RCVD FROM PROS.
ATTY'S OFFICE FOR
201 TRANSPORTATION FOR DEFENDANT
FROM TVRJ ON 9/25/15 AT 11:00 A.M.
202 09/17/15 THE STATE OF WV1S
203 MCMILLION, ASST.
PROS. ATTY.
204 09/24/15 STATE'S RESPONSE TO DEFENDANT'S
MOTION TO SUPRESS DEFENDANT'S
205 STATEMENTS FILED
206
09/25/15 HRG ON
207
09/25/15 WITH DEF. DEF'S MOTION TO
SUPPRESS STATEMENT-DEFENSE ASKS
208
THAT STATE'S RESPONSE TO THIS MOTION BE SEALED. COURT ORDERS
209
THE MATTER
SEALED. ORDER OF 3-20-14
PARTIALLY VACATED AS TO
210
COMPETENCY OF
DEF. THE ORDER SHOULD REFLECT FROM THE EVALUATION
211
THAT THE DEF
DID HAVE COMPETENCY AT TIME OF CRIME. PARTIES
ARE
212
NOT READY TO PROCEED TO EVIDENTIARY HRG AT THIS TIME
CONCERNING
213
DEF'S COMPETENCY.
MATTER CONTINUED TO 10-9-15 AT 10:45 AM
214
DURING PRE-TRIAL CONFERENCE. MEMORANDA OF COUNSEL CONCERNING
215
THE ISSUE TO BE
PROVIDED TO THE COURT PRIOR TO THE PRE-TRIAL
216
CONFERENCE.
217 10/01/15 STATE'S REQUEST FOR SUBPOENA RCVD;
SUBPOENA ISSUED FOR ARTHUR J.
218
YAGEL AND GIVEN TO COURTNEY TO FAX. FAX CONFIRMATION RCVD FROM
219
COURTNEY.
220
10/09/15 PRE-TRIAL CONFERENCE/DEF'S MOTION-PRESENT: DEF WITH COUNSEL
221
10/09/15 DEWITT DANIELL, PUBLIC
DEFENDER. DEFENSE COUNSEL ASKS FOR
222
CONTINUANCE SINCE HE
IS NEWLY HANDLING THE MATTER
IN PLACE
223
CLINT CARTE WHO HAS DEPARTED. STATE DOES NOT OBJECT. COURT
224
ACCEPTS DEF'S WAIVER OF SPEEDY TRIAL RIGHTS AND SETS
THE MATTER
225
FOR "SCHEDULING CONF/DEF'S MOTIONS" ON
11-20-15 AT 9:45 AM.
226 11/18/15 FAX CONFIRMATION RCVD FROM COURTNEY FOR SUBPOENA SENT TO ARTHUR
227 J. YAGEL
228 11/18/15 FAX CONFIRMATION RCVD FROM COURTNEY FOR TRANSPORT ORDER FAXED
229 TO TVRJ FOR HRG SET ON
11/20/15 AT 9:45 A.M.
230
11/19/15 MOTION TO SUPRESS FILED BY LAURA SPADARO, PUBLIC DEFENDER.
231
11/19/15 MOTION TO SUPRESS STATEMENTS OF THE DEFENDANT FILED BY LAURA
232 SPADARO, PUBLIC DEFENDER.
233
11/20/15 SCHEDULING CONF-DEF'S MOTIONS-PRESENT: DEF WITH PUBLIC
234
11/20/15 DEFENDER LAURA SPADARO, ADULT
PROBATION OFFICER TONYA HOOVER.
235
STATE AS TO COMPETENCY-CERTAIN PORTIONS HAVE BEEN
AGREED TO BY
236
COUNSEL-WOULD LIKE TO PROCEED ON ISSUE OF VOLUNTARINESS OF
237
STATEMENT. STATE AGREES NOT TO PROCEED ON
MARCH 2014 STATEMENT.
238
STATE'S WITNESS
#1-ARTHUR J. YAGEL-WVDNR-FIRE
INVESTIGATOR.
239
STATE'S EXHIBIT #l-COPY OF ORIGINAL MIRANDA RIGHTS
FORM GIVEN BY
240
MR. YAGEL. STATE'S EXHIBIT #2-COPY OF ORIGINAL
STATEMENT OF DEF
241
APRIL 2,
2013. COURT FINDS DEF'S STATEMENT ON APRIL 2, 2013
242
WAS GIVEN
VOLUNTARILY AND IT WILL BE ACCEPTABLE AT TRIAL.
243 COURT ALLOWS COUNSEL TO BRIEF
ISSUE OF STATEMENT TO VOLUNTEER
244
FIRE FIGHTER. COURT FINDS DEF WAS COMPETENT AT TIME OF GIVING
245
STATEMENT OF
4-2-13. MATTER SET FOR PRE-TRIAL ON 12-11-15 AT
246
1:00PM. TRIAL SET FOR 2-01-16 AT
9:00 AM (TWO DAYS) DEF'S
247
WAIVER OF
SPEEDY TRIAL RIGHTS TENDERED TO THE COURT. COURT
248
ACCEPTS. *
*ORDER ENTERED**
249 11/20/15 DEF'S WAIVER OF SPEEDY TRIAL RIGHTS SIGNED BY SAME IN OPEN
250 COURT.
251 11/20/15 STATE'S EXHIBIT #1, COPY OF MIRANDA RIGHTS FORM AND STATE'S
252
EXHIBIT #2,
COPY OF STATEMENT FORM ADMITTED
INTO THE COURT &
253
SEALED IN COURT FILE.
254 11/30/15 STATE REQUEST FOR SUBPOENA
RCVD; SUBPOENA ISSUED FOR QUINCE
255 FRIEL AND ED KRUEGER AND FWD
TO PCSD TO SERVE.
256 12/01/15 AMENDED MOTION TO SUPRESS FILED BY LAURA SPADARO, PUBLIC
257 DEFENDER.
258
12/02/15 RETURN OF PERSONAL SERVICE ON ED KRUEGER BY PCSD ON 12/1/15.
259
12/07/15 RETURN OF SERVICE ON QUINCE FRIEL MARKED "PERSON NAMED NOT FOUND
260 BY PCSD ON 12/4/15.
261 12/09/15 FAX CONFIRMATION RCVD SHOWING WHERE COURTNEY FAXED A TRANSPORT
262 REQUEST TO TRVJ FOR DEFENDANT
ON 12/11/15 AT 1:00 P.M.
263
12/11/15 FURTHER HEARING-DEF'S MOTIONS:
PRESENT-DEF WITH PUBLIC
264
12/11/15 DEFENDERS LAURA SPADARO &
DEWITT DANIEL, ADULT PROBATION OFFICER
265 TONYA HOOVER. STATE WITNESS #1-QUINCE FRIEL-CASS VOLUNTEER FIRE
266 AND RESCUE SQUAD. STATE-ASKS THAT DEF'S STATEMENT BE ALLOWED.
266 AND RESCUE SQUAD. STATE-ASKS THAT DEF'S STATEMENT BE ALLOWED.
267 COURT FINDS STATEMENT WAS FREELY AND VOLUNTARILY GIVEN AND IT
268
WILL NOT BE
EXCLUDED. MATTER SET FOR 1-25-16 AT 10:00 AM FOR
269
"PRE-TRIAL STATUS HRG/DEF'S MOTION TO
SUPPRESS". *ORDER ENTERED*
270 12/11/15 CLK'S WITNESS RECEIPT #2484
ISSUED TO ED KRUEGER IN THE TOTAL
271 AMT OF $17.50. FWD TO TAX OFFICE FOR PAYMENT
272 12/15/15 LETTER DATED 12/14/15 RCVD FROM PROSECUTORS OFFICE REGARDING
273
QUINCE FREIL'S APPEARANCE TO TESTIFY ON BEHALF OF
STATE OF HRG
274
HELD ON 12/11/15.
CLK'S WITNESS RECEIPT #2485
ISSUED TO QUINCE
275
FRIEL IN THE
AMT OF $14.80 FOR SAME. FWD TO TAX OFFICE FOR PMT
276 01/04/16 ORDER ENTERED RESCHEDULING THE TRIAL OF 2/1/16 TO 2/10/16 AT
277 9:00 A.M.
278 01/05/16 MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO SUPRESS FILED BY
279 LAURA SPADARO, PUBLIC DEFENDER.
280 01/20/16 MOTION FOR SEVERANCE OF OFFENSES FILED BY LAURA SPADARO, ASST.
281 PUBLIC DEFENDER.
282 01/21/16 FAX CONFIRMATION RCVD FROM COURTNEY FOR TRANSPORT OF DEFENDANT
283
FROM TVRJ ON
1/25/16 FOR COURT HEARING AT POCAHONTAS CO. COURT
284
HOUSE.
285
01/25/16 PRE-TRIAL STATUS CONF/DEF'S MOTION TO SUPPRESS-PRESENT: DEF
286
01/25/16 WITH PUBLIC DEFENDER LAURA SPADARO.
STATE RELATES THE MOTION
287 TO GAIN EVIDENCE AS TO THE
MOTION TO SUPPRESS WILL BE WITHDRAWN.
288 AFTER HEARING THE RESPONSES OF
COUNSEL AS TO THE MOTION FOR
289 SEVERANCE, THE COURT WILL SEVER THE COUNTS AND COUNT III WILL
289 SEVERANCE, THE COURT WILL SEVER THE COUNTS AND COUNT III WILL
290
BE HEARD AT FIRST TRIAL SET ON 2-10-16 AT 9:00
AM. JURY
291
INSTRUCTIONS AND STATE'S WITNESS LIST TO BE PROVIDED
TO THE
292
COURT BY 2-5-16.
DEF REMANDED. *ORDER
ENTERED*
293 01/25/16 LETTER FROM KEITH MCMILLION TO
JUDGE RICHARDSON DATED
294 1-15-16 CONCERNING USE OF VIDEO
AT TRIAL RCVD.
295 01/26/16 STATE'S REQUEST FOR SUBPOENAS RCVD;
SUBPOENAS ISSUED FOR TALENA
296
DEAN KERSHNER,
QUINCE FRIEL, LINDA CASSELL, MARGARET ELLEN
297
TAYLOR , GENE
TRACY, J.P. DUNCAN,
AND MELISSA BENNETT AND FWD
298
TO PCSD FOR SERVICE.
299 01/2 6/16 SUBPOENA
ISSUED FOR ARTHUR J. YAGEL AND FAXED TO
NICHOLAS CO.
300 SHF'S DEPT TO SERVE.
301 01/26/16 RETURN OF PERSONAL SERVICE FOR TALENA DEAN AND MELISSA BENNETT
302 BY PCSD ON 1/26/16.
303 01/26/16 STATE'S FINAL
WITNESS LIST FILED BY KEITH
MCMILLION, ASST. PROS.
304 ATTY.
305 01/26/16 THE STATE OF WV
306 MCMILLION, ASST.
PROS. ATTY.
307 01/26/16 E-MAIL CONFIRMATION RCVD FROM
COURTNEY FOR SUBPOENA SENT TO
308 ERIC JUDY.
309 01/27/16 CERTI OF PERS SERV RETURNED BY PCSD FOR JP DUNCAN & GENE TRACY
310 BOTH DATED 1-27-16 RCVD.
311 01/29/16 RETURN OF SUB SERVICE FOR
QUINCE FRIEL SERVED ON JACKIE FRIEL
312 BY PCSD ON 1/27/16.
313 02/01/16 RETURN OF SUB SERVICE FOR
LINDA CASSELL AND MARGARET TAYLOR
314 SERVED ON THOMAS CASSELL BY
PCSD ON 1/29/16.
315 02/01/16 RETURN OF SUB SERVICE FOR ARTHUR YAGEL SERVED ON GAIL THOMAS
316 BY NICHOLAS CO. SHF'S DEPT.
317 02/04/16 THE STATE OF WV
318 MCMILLION,
ASST. PROS. ATTY.
319 02/05/16 MOTION IN LIMINE TO EXCLUDE FROM EVIDENCE TESTIMONY REGARDING
320
DEFENDANT'S
REPUTATION WITHIN THE COMMUNITY OR OTHER FIRE
321
INVESTIGATIONS
THAT MIGHT RELATE TO THE DEFENDANT FILED BY
322
LAURA
SPADARO, ASST. PUBLIC DEFENDER.
323 02/08/16 FAX CONFIRMATION RCVD FROM COURTNEY FOR DEFENDANT'S TRANSPORT
324 FROM TVRJ ON 2/10/16 AT 8:30
A.M.
325
02/09/16 ORDER ENTERED MOVING TRIAL SET FOR 2/10/16 TO 3/1/16 AT
9:00
326
02/09/16 A.M. AND SETTING PRE-TRIAL FOR
2/12/16 AT 1:00 P.M.
327
02/09/16 FAX CONFIRMATION RCVD FROM COURTNEY FOR TRANSPORT REQUEST FOR
328 DEFENDANT ON 2/12/16 AT
1:00 P.M.
329
02/09/16 ORDER ENTERED SETTING MATTER FOR A FUTHER MOTION HEARING ON
330
02/09/16 2/12/16 AT 1:00 P.M. AND TRIAL
SET FOR 3/1/16 AT 9:00 A.M.
331
02/12/16 PRE-TRIAL CONFERENCE-PRESENT:
DEF WITH PUBLIC DEFENDERS
332
02/12/16 DEWITT DANIELL AND LAURA SPADARO.
DEFENSE COUNSEL
EXPLAINS THAT
333
DURING THE
GRAND JURY PROCEEDING A GRAND JUROR RAISED THEIR
334
HAND AND
EXPLAINED THEY HAD SEEN THE SMOKE AND HAD CALLED IT IN.
335
JUROR WAS NOT
ASKED QUESTIONS ABOUT THE MATTER AND LATER WAS
336
DISQUALIFIED AS
A WITNESS IN THE MATTER. THE
TESTIMONY DURING
337
02/12/16 THE GRAND JURY PROCEEDING WAS NOT SWORN. PUBLIC DEFENDERS
338
02/12/16 RELATE THIS TAINTS THE
INDICTMENT AND THE MATTER SHOULD BE
339
DISMISSED. THEY RELATE THERE IS NO PROSECUTORIAL ERROR IN THIS
340
MATTER BUT
RATHER A PERSON TELLING THEIR VERSION OF THE MATTER.
341 STATE ANSWERS WITH CASE LAW AND CODE THAT WHAT WAS SAID THERE
342 WAS IN NO WAY INFLUENCING THE WHOLE GRAND JURY PANEL THE COURT
343 WILL ALLOW STATE TEN DAYS TO PREPARE WRITTEN BRIEF TO THE MATTER
344 TO WHICH THE DEFENSE MAY RESPOND. DEF'S MOTION IN LIMINE GRANTED
345 MATTER SHALL REMAIN ON TRIAL FOR 3-1-16 AT 9:00 AM (TWO DAYS)
342 WAS IN NO WAY INFLUENCING THE WHOLE GRAND JURY PANEL THE COURT
343 WILL ALLOW STATE TEN DAYS TO PREPARE WRITTEN BRIEF TO THE MATTER
344 TO WHICH THE DEFENSE MAY RESPOND. DEF'S MOTION IN LIMINE GRANTED
345 MATTER SHALL REMAIN ON TRIAL FOR 3-1-16 AT 9:00 AM (TWO DAYS)
346 JURY INSTRUCTIONS BY FEBRUARY 26.
**ORDERS ENTERED** (2)
347 02/12/16 STATE'S REQUEST FOR SUBPOENAS RCVD;
SUBPOENAS ISSUED FOR GENE
348 TRACY, J.P.
DUNCAN, LINDA CASSELL, MARGARET ELLEN TAYLOR,
349 MELISSA BENNETT, QUINCE FRIEL, AND TALENA DEAN KERSHNER AND FWD
350 TO PCSD TO SERVE.
351 02/12/16 SUBPOENA ISSUED FOR ARTHUR
J. YAGEL AND FAXED TO NICHOLAS CO.
352 SHF'S DEPT FOR SERVICE.
353 02/12/16 SUBPOENA ISSUED FOR ERIC JUDY AND FAXED TO GREENBRIER
CO. SHF'S
354 DEPT FOR SERVICE.
355 02/16/16 RETURN OF PERSONAL SERVICE FOR J.P.
DUNCAN, MISSY BENNETT, AND
35 6 TALENA DEAN KERSHNER BY PCSD ON 02/12/16.
35 6 TALENA DEAN KERSHNER BY PCSD ON 02/12/16.
357
02/16/16 RETURN OF PERSONAL SERVICE FOR GENE TRACY BY PCSD ON
2/16/16.
358
02/17/16 RETURN OF PERSONAL SERVICE FOR LINDA CASSELL AND SUB
SERVICE 35 9 FOR MARGARET ELLEN TAYLOR RCVD
FROM THE PCSD ON 2/17/16.
360
02/18/16 RETURN OF PERSONAL SERVICE FOR QUINCE FRIEL BY PCSD ON
2/17/16.
361
02/22/16 CERTI OF PERS SERV RETURNED BY NICHOLAS COUNTY SHF
DEPT FOR
362 ARTHUR YAGEL DATED 2-16-16
RCVD.
363 02/23/16 MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS
THE
364 INDICTMENT FILED BY LAURA SPADARO ESQ., ASST.
PUBLIC DEFENDER.
365 02/26/16 FAX CONFIRMAITON RCVD FROM COURTNEY FOR TRANSPORTS OF
DEFENDANT
366 FROM TVRJ ON 3/1/16 AT 8:00
A.M.
367 02/29/16 CERTI OF PERSONAL SERVICE RETURNED BY GREENBRIER COUNTY SHF
368 DEPT FOR ERIC JUDY DATED
2-16-16 RCVD.
369 03/01/16 CLK'S WITNESS RECEIPT #2486 ISSUED TO LINDA J. CASSELL IN THE
37 0 TOTAL AMT OF $17.50. FWD TO TAX OFFICE FOR PAYMENT
37 0 TOTAL AMT OF $17.50. FWD TO TAX OFFICE FOR PAYMENT
371 03/01/16 CLK'S WITNESS RECEIPT #2487 ISSED TO QUINCE FREIL IN THE TOTAL
372 AMT OF $14.80 AND FWD TO TAX
OFFICE FOR PAYMENT
373 03/01/16 TWO DAY JURY
TRIAL HELD -DEF FOUND NOT GUILTY TO COUNT
III OF
37 4 INDICTMENT-STARTING FIRE ON LANDS OF ANOTHER PERSON. DEF
37 4 INDICTMENT-STARTING FIRE ON LANDS OF ANOTHER PERSON. DEF
375 REMANDED TO CUSTODY AWAITING RESOLVEMENT OF REMAINING COUNTS
37 6 OF INDICTMENT.
377
03/02/16 JURY VERDICT FORM FILED.
378
03/02/16 TRIAL WITNESS LIST FILED.
379
03/02/16 JUROR
STRIKE LIST, RANDOM JUROR LIST, CLK'S NOTES, EXHIBITS ALL
38 SEALED AND FILED IN EVIDENCE
LOCKER. STATE'S EXH-ALL ADMITTED:
381
#1-MIRANDA RIGHTS FORM;
382
#2-DEF'S STATEMENT FORM;
383
#3-SCENE SKETCH;
384
#4 THROUGH #10-PHOTOGRAPHS OF BURN SITE;
385
#11-LAST WILL & TESTAMENT OF JIM H. KELLY; 38 6 #12-APPRAISMENT OF ESTATE OF JAMES H. KELLY;
387 #13-RESIDENTIAL REVIEW
DOCUMENT FOR PROPERTY OF WALTER G.
KELLY
388 03/02/16 CRIMINAL JURY CHARGE,
ADDED INSTRUCTION FOR "WILLFULLY" AND
389 COPY OF INDICTMENT CHANGED TO REFLECT COUNT III.
389 COPY OF INDICTMENT CHANGED TO REFLECT COUNT III.
390
03/02/16 LETTER DATED 2-22-16 FROM KEITH MCMILLION, ASSISTANT PROSECUTOR
391 TO JUDGE RICHARDSON CONCERNING GRAND JUROR AS A WITNESS RCVD.
392 03/02/16 FAX CONFIRMATION RCVD FROM COURTNEY FOR TRANSPORT OF
DEFENDANT
393 FROM TVRJ FOR TRIAL ON 3/2/16.
394 03/03/16 CLK'S WITNESS RECEIPT
#2488 ISSUED TO GENE TRACY IN THE TOTAL
395 AMT OF $10.60 AND FWD TO TAX
OFFICE FOR PAYMENT
396 03/24/16 NOTICE OF HEARING ON 3/25/16 AT 10:00 A.M. FILED BY LAURA
397 SPADARO, ASST.
PUBLIC DEFENDER.
398 03/24/16 FAX CONFIRMATION RCVD FROM COURTNEY FOR TRANSPORT OF
DEFENDANT
399 FROM TVRJ ON 3/25/16 FOR HRG
AT 10:00 A.M.
400 03/25/16 STATUS CONFERENCE-PRESENT: DEF WITH PUBLIC DEFENDERS DEWITT
401 03/25/16 DANIELL AND LAURA SPADARO. MS SPADARO RELATES THAT DEF WAS
402 FOUND NOT GUILTY BY A JURY ON THE COUNT OF BURNING ON LANDS OF
403 ANOTHER. SHE ASKS THE STATE AS TO
STATUS OF THE OTHER TWO
404 COUNTS. STATE RELATES THAT TRIAL WILL BE SET AND
THEY WILL
405 DETERMINE WHICH COUNT. MS SPADARO ASKS FOR DEF'S RELEASE ON
406 BOND UNTIL MATTER IS COMPLETED. AFTER
DISCUSSION BETWEEN
407 COUNSEL, COURT GRANTS MOTION TO BE REINSTATED TO
BOND. BOND IS
408
SET AT $10,000
PR. STATE ASKS THAT THE DEF BE ASSESSED AT
409
WVDHHR FOR
SERVICES AS A SPECIAL CONDITION OF BOND.
COURT
410
GRANTS. MATTER SET FOR TRIAL ON 7-18-16 AT 9:00
AM; PRE-TRIAL
411
SET FOR 7-8-16
AT 10:00 AM. *ORDER ENTERED*
412 03/25/16 PR BOND ISSUED IN THE AMOUNT OF $10,000.00 SIGNED BY DEFENDANT
413
ON THIS DATE; JAIL RELEASE FORM PREPARED WITH ADDED CONDITION OF
414
BOND THAT DEFENDANT SHALLL REPORT TO ADULT
PROTECTIVE SERVICES
415
TO OBTAIN SERVICES AVAILABLE TO HIM ;
FAXED TO TVRJ.
416 03/25/16 MOTION TO REINSTATE BOND FILED BY LAURA SPADARO, ASST.
PUBLIC
417 DEFENDER.
418
03/29/16 AGREED ORDER ENTERED PLACING DEFENDANT ON UNMONITORED HOME
419
03/29/16 CONFINEMENT.
420
04/01/16 ORIGINAL GRAND JURY TRANSCRIPT IN THIS MATTER FROM PROCEEDINGS
421 HELD IN THE APRIL TERM 2013 RCVD FROM JUDY NELSON, CCR, & SEALED
422 IN CLK'S VAULT ROOM.
422 IN CLK'S VAULT ROOM.
in the mean time what happened to the land he owns on river road???I think this was all about stealing that land .....this guy should have a court appointed advocate to look after him ......
ReplyDeleteHe is a good christian man. Wish they would just leave him alone.
ReplyDeleteWhat a long list of actions. No wonder the legal system is screwed up.
ReplyDeleteAnyone who knows him or knows of him know he's had problems for the last few decades jail was not the answer but he did need help naturally I would not expect a PA or Sheriff's Office to understand this. They look at us as we were subjects to be ruled over they think of us as nails and they are the Hammers.. Kelly is not a bad man and I do think you probably needed some help but not in jail . Water waste of resources and Common Sense
ReplyDeleteThe Road Runner...
Farrell has access to his home on Riverroad in clover lick and he has been staying there when he wants and he is just as much in the boonies as the rest of us he has to be the center of attention always being noise but Norman didn't say he would invite him into his home to stay why not Norman after all he is your kin folk. Take him in to your home Norman be the good christian you say you are.
ReplyDelete