CLARKSBURG, W.Va. (WV News) — In imposing a 60-day probation sanction on a 54-year-old Shinnston man with substance use disorder, Harrison County Chief Circuit Judge Christopher J. McCarthy urged the defendant to take advantage of community services.
The judge also appeared to tip that he’s running for election again in 2024.
Mark Anthony Lucas — who violated probation by using methamphetamine and failing pill counts — is lined up for intensive outpatient and other services from Healthy Minds (the former United Summit Center).
“I fully intend, I hope, to be here for the next 10 years. If that’s the case, if there are any problems with violations, you’ll be coming back before the court,” McCarthy said, indicating he would have a dim view of failure to seek out such help.
Harrison Assistant Prosecutor James Armstrong pursued the sanction, citing testimony from Probation Officer Anthony Sorbin.
Harrison Defender Susan Morris successfully blocked two parts of the state’s petition, including one that involved an allegation that Lucas told probation he repeatedly had watched a porn video in October and November.
Morris noted probation didn’t have the actual video — Lucas had thrown it away — and never asked Lucas about the title of the video or what was represented.
“It could have been an R-rated movie” and not obscene matter, Morris said.
Lucas is on probation for 7 years from Oct. 12.
— The state’s decision on whether to put Virgil Lee Lamb Jr., 44, of Mount Clare on trial a second time is now set for next week.
Harrison Chief Assistant Prosecutor Laura Pickens had been set to notify the court officially on Wednesday, but the court session was postponed.
Lamb was indicted on charges alleging six sex crimes against a child. Late last month, a jury was unable to reach a verdict, and Harrison Circuit Judge Thomas A. Bedell declared a mistrial.
Lamb’s attorney is Zach Dyer.
The hearing was rescheduled for 10:15 a.m. next Wednesday.
— Delbert E. Davis Jr., 22, of Salem, has received a 60-day jail sanction from Harrison Circuit Judge James A. Matish for a probation violation, according to Assistant Prosecutor Andrea Roberts, of Prosecutor Rachel Romano’s office.
Davis is on probation for misdemeanor possession of marijuana and misdemeanor contributing to the delinquency of a minor.
— Timothy Brian Lindsay, 47, of Clarksburg, has been placed on 1-5 years of home incarceration by Matish for conspiracy to commit burglary, according to Romano’s office. Lindsay previously entered an Alford plea.
— Jannette J. Hubbard, 31, of Shinnston, has been charged with possession with intent to deliver heroin and methamphetamine by Shinnston Patrol Officer J. Hetherington.
Wrongdoing occurred Tuesday while Hubbard had parked her 2003 Hyundai Tiburon in the parking lot of Price Cutter, Shinnston, according to the complaint.
— Danielle Leigh Leeson, 48, of Clarksburg, has been charged with felony third-offense driving on a license suspended or revoked for DUI.
State Police Cpl. Roger Glaspell alleges wrongdoing Tuesday on Meadowbrook Road.
Harrison Magistrate Frank DeMarco held the initial appearance.
— Dante Timothy Speas, 24, of Clarksburg, has entered a plea to possession with intent to deliver marijuana as part of a proposed deferred adjudication.
Bedell held off granting or denying the petition pending a presentence investigation, according to Harrison Assistant Prosecutor Brad Pustolski.