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Plea agreements issued in court
by Diane Pottorff
Mar 24, 2009 | 2819 views | 0 0 comments | 9 9 recommendations | email to a friend | print
POINT PLEASANT — Two criminal trials that were to begin Tuesday were not conducted after the parties entered plea agreements.

The trials would have been the first after a letter that allegedly contained a threat was sent to potential jurors earlier this month. Those jurors were dismissed and the panel from the first part of the first quarter term returned as a panel.

But because a plea agreement was reached, jurors were told that their services were not needed Tuesday.

In the State of West Virginia v. Joseph Lynn Nomar, the defendant agreed to plea guilty to the charge of domestic battery from a 2007 indictment, with the 2009 indictment being dismissed. The penalty for domestic battery is a sentence of up to one year in the regional jail and a fine of up to $500.

Nomar, of Leon, was indicted for three counts of second-degree sexual assault, three counts of third-degree sexual assault, three counts of incest, three counts of sexual abuse by a custodian and domestic battery.

He appeared before Mason County Judge David Nibert, who advised Nomar that by pleading guilty, he would lose his right to posses a firearm and would have to register on the domestic violence registry.

Nomar will be sentenced May 18.

Also appearing before Nibert was James Edward Raines, who agreed to plea guilty to unlawful assault. The penalty he could receive is 1-5 years in a penitentiary or up to one year in the regional jail and a fine up to $500.

He also could lose his right to possess a firearm.

Raines, of Gallia County, was indicted by the September 2006 grand jury for malicious assault in the stabbing of Lester Leonard III. In May 2006, Raines and Leonard allegedly got into an altercation at the Pleasant Valley Apartments, with Leonard being stabbed.

Raines’ attorney, James Henry, told Nibert that even though his client did not think he was completely guilty, he agreed to the plea bargain due to the high risk of prison time if he was found guilty by a jury.

He will be sentenced May 18.

Appearing in court before Judge Thomas Evans on Monday were two who had trials set and others who received sentencing.

• Lloyd Carl Smith III of Point Pleasant will be sentenced April 9 after entering a plea of guilty. He was indicted by the September grand jury for breaking and entering.

• A trial date of May 19 has been set for Melissa D. Dye of Gallipolis Ferry and John Dale Jones III of Point Pleasant. Dye was indicted by the January grand jury for burglary, grand larceny and conspiracy and Jones was indicted for two counts of burglary, breaking and entering, two counts of grand larceny and conspiracy.

• Van Stewart Johnson of Point Pleasant was released from home confinement. He was indicted by the May 2007 grand jury for three counts of delivery of a controlled substance, two counts of conspiracy to commit a felony and possession of a controlled substance with intent to deliver.

• Glenvor Ray Taylor Durst of Point Pleasant entered a plea agreement and will be sentenced April 3. He was indicted by the September grand jury for burglary, two counts of conspiracy and petit larceny.

• Anthony R. Wells of Point Pleasant will be sentenced May 11 following a plea agreement. He was indicted by the September grand jury for burglary, two counts of conspiracy and petit larceny.

• James Edward Williamson of Gallipolis Ferry will be sentenced May 11 after entering a plea of guilty. He was indicted by the September grand jury for manufacturing a controlled substance.
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