During a post-sentencing hearing for Dennis D. Knopp, an issue of double jeopardy came up on some of the counts for which Knopp was found guilty following his conviction in February. After a four-day trial, Knopp was found guilty on 47 counts that included first-, second- and third-degree sexual assault, sexual abuse by a parent or custodian, incest and child abuse causing bodily damage.
His attorney, Greg Campbell of Charleston, said that after looking at the trial transcripts, testimony given was on 14 occurrences. He said he did not see double jeopardy as an issue.
Double jeopardy is considered when a person cannot be tried for the same crime twice if found not guilty. It also can apply to one charge overlapping another. Prosecuting attorney Damon Morgan said each count was legally a separate issue.
Following arguments, Circuit Judge David Nibert ruled that because counsel had looked into the matter, the law states that each encounter was deemed as a separate event. And because the defense was waiting on a ruling from Nibert in the motion, a pre-sentencing investigation had not yet been completed.
Sentencing has been continued to 9:30 a.m. May 18.
Also sentenced in circuit court was Billy Joe Bowman of Point Pleasant, who entered a plea of guilty to breaking and entering March 5.
Bowman, along with his brother, David, broke into the auditorium area of Point Pleasant Junior Senior High School and allegedly took copper wiring, plumbing and tools. He was sentenced to 1-10 years in a West Virginia penitentiary that is to run concurrent with his 18-month sentence in an Ohio Correctional facility, which he received from the Meigs County court.
As to paying restitution, Nibert said the court was reserving the right to issue that order at a later date.
• Justin Charles Sayre of Point Pleasant was sentenced to one year in jail for petit larceny, 1-15 years in a penitentiary for burglary and 5-18 years for second-degree robbery after his probation was revoked in an earlier hearing.
The sentences will run concurrent.
• Bond was revoked for Thomas Robert Mallette of Point Pleasant after he allegedly committed a violation of the bond agreement. Mallette is accused of possession of a controlled substance with intent to deliver and conspiracy.
Nibert reinstated bond with a condition that he be placed on home confinement.
• Rebecca D. Leon of Point Pleasant was arraigned before Nibert. She had been indicted by the September grand jury for burglary, grand larceny and conspiracy.
Nibert set bond and set a trial date of June 9 at 9:30 a.m., with a pretrial date of 1 p.m. June 1.
• Carl Lee Roush of Point Pleasant was ordered to undergo a 60-day evaluation at the Anthony Youth Center. He was indicted in January for burglary, petit larceny and conspiracy.
• In magistrate court, Bruce Riffle waived his right to a preliminary hearing after he was arrested by officers with the Mason Police Department for driving under the influence - third offense.
• The case against Terry L. Roberts, 18, of Gallipolis, Ohio, was dismissed. Roberts, along with Cassy Lynn Hunter, 21, of Leon, Nathan D. Petrie, 19, of Point Pleasant, Robert Allen Jordan, 19, of Leon, and Eddie Wayne Hunter, 22, of Point Pleasant, was arrested on a charge of possession of a controlled substance following a routine traffic stop.
Jordan’s case also was dismissed, but he pleaded guilty to another complaint that was filed. Magistrate Cheryl Ross gave him a suspended sentence of 90 days in jail for one year of probation.
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