News

26 Indicted
In Lewis by
Grand Jury

 

By JOHN G. WOLFE

The March term of the Lewis County Grand Jury convened on Monday at the Lewis County Courthouse with Judge Thomas Keadle presiding. Prosecuting Attorney Gary Morris made 26 presentments, resulting in the indictment of 26 individuals, five are sealed indictments.
Included in those indictments was a second degree murder charge against 23 year-old Elvis E. King, Jr., who was also indicted for three counts of conspiracy.
King was indicted for the shooting death of James DeBarr of Old Mill Road on July 16, 2009 outside the home of Alicia Maria Lopez in Tunertown. DeBarr was 35 years-old at the time of his death.
King, a resident of Gee Lick Road, was originally charged with destruction of property, domestic battery, three wanton endangerment offenses, and first degree murder. Charges were filed against King by the investigating officer, Cpl. M.S. Clark of the West Virginia State Police.
King has been held in the Central Regional Jail since the shooting.
The indictment downgrades the charge from first degree murder to second degree murder.
In addition to King, the Grand Jury returned indictments against:
Terry M. Garton was indicted for three counts of wanton endangerment involving a firearm.
Christopher Peters was indicted on one count of obtaining money under false pretenses, and one count of conspiracy.
Melanie Ann Hold was indicted on one count of obtaining money under false pretenses, and one count of conspiracy.
William E. Parker (AKA J.R. Parker) was indicted on ten counts of forgery.
Brandace A. Sellers was indicted on one count of fraudulent use of access device.
Robert A. Hill was indicted on one count of burglary, one count of grand larceny, and two counts of conspiracy.
Brandon Scott Lamb was indicted on one count of burglary, one count of grand larceny, and two counts of conspiracy.
David Matthew Williams was indicted on four counts of obtaining money by false pretense.
Carolyn Sue Frame was indicted on three counts of child abuse.
James M. Fultineer was indicted on five counts of fraudulent use of access device and six counts of conspiracy.
Erica Dawn Kapp was indicted on one count of fraudulent use of access device and two counts of conspiracy.
Sabrina Sue White was indicted on one count of computer fraud.
Carissa Mae Confere was indicted on one count of operating a clandestine drug laboratory and one count of conspiracy.
Stacy Lynn Raultson was indicted on two counts of failure to meet an obligation to provide support for a minor.
Debra Lee Wilkerson was indicted on three counts of delivery of a controlled substance and three counts of conspiracy.
Joshua Harold Williams was indicted on three counts of wanton endangerment involving a firearm.
David Earl King was indicted on one count of obtaining money under false pretense.
David Bruce Golden was indicted on four counts of delivery of a controlled substance and four counts of conspiracy.
Casey Marks Epp was indicted on two counts of burglary, one count of grand larceny, one count of petit larceny, and two counts of conspiracy.
Debbie D. Seelback was indicted on one count of burglary (accessory before the fact), one count of grand larceny (accessory before the fact), and two counts of conspiracy.
Five indictments are sealed at this time.
All individuals indicted are presumed innocent until proven guilty.

Weston Council Okays $7,500 Sign-on Police Bonus

The Weston City Council has taken a big step to meet an immediate manpower need within the police department by voting to offer a one time $7,500 sign-on bonus in hopes of enticing a certified officer to join the force.
At their regular March meeting on Monday night the council voted unanimously to back the bonus in hopes of getting a police officer onboard as quickly as possible. Currently the force is down from a high level of seven officers to just five. Cpl. J.P. Thomas is believed to be heading to a job with the Elkins Police Department within a month. Officer C.W. Leigh is currently on military leave. If Thomas leaves, the department would only have three officers on duty making 24-7 coverage an impossibility.
When Weston last tested for police officers, only nine people took the civil service exam. Only one individual passed the test, but civil service provisions require that there be at least three qualified applicants on a hiring list before one can be employed. By passing the bonus, the council hopes more people will take the test so that there can be a qualifying list of candidates to choose from. The council hopes that one or more of those qualifiers will be a certified officer who can start work immediately.
The bonus provision would require that a certified officer stay with the force for a minimum of two years. Once employed, the officer would be required to repay the $7,500 bonus should he/she decide to leave before the two years is up. Provisions are to be included to prevent former officers who have left the force from qualifying for the bonus.
Within the past year, Weston has lost two officers to the Lewis County Sheriff’s Department. Current deputies C.A. Kirkpatrick and R.C. Fisher once served as city officers. The difference in salary is considered to be a major reason for their departure.
Also considered to be a hinderance to recruiting new officers for the local police force are low salaries in comparison to other cities of similar size as Weston. Weston has among the lowest pay for police officers among cities its size.
While a salary increase was on the agenda, the council voted to table consideration of a salary increase for current officers until the actual budgeting process begins.
Police Chief R.D. Clem had hoped the council would consider both a salary increase and bonus for a new certified officer as a way to bolster the police force. Clem had suggested a lower sign-on bonus coupled with a salary increase for officers.
Glenn Brown, Jr., of the Police Civil Service Commission, told the council that posting the job announcement and giving the required test should be something that could take place within a month.
Interim City Manager Richard Light informed the council that he had discussed the possibility of the Lewis County Sheriff’s Department helping the city out for a time if they get in the position that 24-7 coverage could not be provided with Sheriff Mike Gissy. He reported to the council that the sheriff’s department was stretched thin as it is, covering the county, transporting prisoners back and forth to the regional jail, and providing bailiff service to the magistrate, family and circuit courts.
Light said about the best the sheriff could do is provide a sign-up sheet for deputies that might want to work some for the city on their time off. Still, the deputies would not be able to enforce city ordinances that differed from state law.
He also reported that he inquired about the possibility of a metro police force in Lewis County, but that Gissy had told him he didn’t think state law permitted such a force and that such a department would require a lot of planning.
The topic of a metro police force had been discussed at a joint meeting between the council and the Lewis County Commission several month ago, but nothing further developed from that single meeting, including a pledge to meet again.
Appearing before the council to voice her concern about businesses and residents not keeping their sidewalks clear of snow was Karen Suttle, who operates a beauty salon in downtown Weston. Her complaint was directed at the owner of the building that housed the old Colonial Restaurant. She said that in order for her customers to get to her shop she had personally shoveled the sidewalks in front of the building throughout the winter, and that she had been assisted by the city. It was her belief that the city should bill the owner, who apparently lives in South Carolina, for keeping his sidewalk clear.
Building inspector John Hogan indicated that letters had been sent to the man about him not keeping the sidewalk clear, but to no avail. He lamented that current city ordinances do not have the “teeth” necessary to be enforced. Using the sidewalk example, Hogan said, “all the ordinance says is that we can put a lien against the property.” This means that if the property is ever sold, the city could recoup expenses paid for snow removal.
City ordinances require that residents keep snow removed from their sidewalks and that they keep sidewalks in good repair. The penalty for not doing so is a lien against the property.
This led to discussion of the need for a special session of council to address revamping city ordinances and to do work on the budget for the next fiscal year. Council voted to hold a special meeting on March 10, beginning at 5:15 p.m. at the city building. If necessary, work will continue on the evening of March 11.
Also appearing before the council were Rebecca Jordan-Gleason with the Trans-Allegheny Lunatic Asylum and Chris Mullett from the Clarksburg Mission.
Gleason outlined some upcoming activities at the asylum and shared an article from the Los Angeles Times about the business with the council.
Mullett informed the council about services the Clarksburg Mission offered, and informed he council that four people from Weston had been served by the Mission during the last year. The Mission serves as a shelter for the homeless, and Mullett told the council they served on average of 41 people per night, with an average stay of 30 days per client. He estimated that the Mission had spent around $4,000 for services to people from this area.
In other business, the council:
- approved all department reports,
- discussed the cities agreement with county emergency services, including the need for city officials to meet with 911 personnel,
- complimented and thanked Street Commissioner Junior Ryder, street department employees, and all emergency responders for their work during the difficult winter weather,
- heard the mayor report of planning commission work and the scheduling of two neighborhood meetings, (see related story in this issue of The Democrat),
- discussed the scope of a community clean-up to be held in April,
- heard a request from Councilman Jim Oldaker for more positive media reporting about council accomplishments,
- heard a request from Councilman Larry Batten about the fire department and media working more closely together to encourage fire safety, with an expression of concern about the number of recent fires in the Shadybrook area of Weston.

Area Man
Honored
In Journal

Lewis County’s own Michael McWhorter was recently honored as a leading business person in West Virginia. He was one of nine persons named to the Who’s Who in West Virginia Business 2009 list. Gov. Joe Manchin presented the award to McWhorter on Feb. 5. The following story about the winner was written by Michael Hupp and published in the State Journal.

Some people just cannot sit still.
Landmark Forestry owner and Weston resident Michael McWhorter does not seem to find a chair he likes. A renaissance man of sorts, McWhorter constantly is on the move from one thing to the next.
From entrepreneur to track coach, to father, to pilot, McWhorter, 46, lives a life that qualifies him as one of the busiest men in West Virginia.
God, Family, Community
Family and faith play a major role in McWhorter’s business and personal life. He and his wife, Michaela, 45, have been married since April 1989. Michaela worked for the Federal Bureau of Investigation until four years ago, when Landmark lost its bookkeeper.
“She had already assisted me with the books from day one, but after I lost my bookkeeper she decided to come and work for the company full time, and it has been a blessing,” McWhorter said.
Together they have raised two daughters, Katelyn, 19, and Kristen, 16. The girls make the sixth generation of McWhorters to live on the farm a mile from Landmark headquarters.
Katelyn is currently a sophomore public relations major at West Virginia University.
“We can use a PR person, and I really hope she comes to work in the family business,” McWhorter said.
Youngest daughter Kristen is a senior at Lewis County High School, where she cheers and runs hurdles on the track team.
Michael has been a volunteer track coach for LCHS for the past six years. McWhorter said he coaches because he not only wants the students to be better runners but better people. He said he sees similarities in his business techniques and coaching style.
“The kids call me the ‘Track Nazi,’ but it is only because I try to teach discipline and I try to exhibit self-discipline in my own life so that can be used as a great teaching tool to the kids I coach,” McWhorter said.
He does photography for the LCHS football team to help out and be involved while his daughter cheers.
“Sports is a major bonding point for my family, and we enjoy going to games from here at the high school to Morgantown on Saturdays,” he said.
The McWhorters have traveled throughout the country and overseas. He said he devotes as much time to his family as possible.
“It can be difficult because you are always happier when your family is happy, and it does make your business easier to run,” he said. “I have only been away from my family for an extended time once and that was two weeks in California. Those were two of the longest weeks in my life.”
McWhorter also enjoys fishing and hunting with his family and co-workers as a way to spend free time.
McWhorter said faith helps direct his business and family and serves as the driving force in what he does.
“Being a Christian plays a part in everything I do because without Jesus my business would not be where it is at or my life for that matter, “he said.
McWhorter said his company is a faith-based company, and it seems many of his staff share the same view.
“I do not ask them if they are religious when interviewed, but we do seem to gravitate toward those personalities as a staff,” he said.
He is an active member of the community, donating time and money to the local 4-H and involving himself in as many projects with the group as he can. He is a member of the Gideons and serves on the business council of Christian Fellowship Church in Buckhannon.
He belongs to several professional organizations, including the Aircraft Owners and Pilots Association. He is a member of the Society of American Foresters and the West Virginia Forestry Association, and he is a Registered Professional Forester in West Virginia. He also is a member of the Buckhannon-Upshur Chamber of Commerce.
Humble Beginnings
McWhorter grew up on a small family farm less than a mile from his Weston office. He attended Lewis County High School, where he wrestled and ran track. He was also an active member of 4-H.
“4-H is were I developed my love for the woods and for my love of flying,” McWhorter said.
After high school, the lifelong WVU fan decided to leave Lewis County to pursue a degree in Morgantown. McWhorter said a trip to the campus to schedule his classes would forever change his life.
“I actually wanted to study dentistry,” McWhorter said. “But my dad (John) had other plans.”
McWhorter said after touring the School of Dentistry, he and his father were walking across campus, and his dad suggested they go and check out the classes at the Davis College of Agriculture, Natural Resources, and Design for a look into the forestry management program.
“The rest is history,” McWhorter said.
He said the program was the perfect fit for someone who grew up on a farm and is an avid outdoorsman. He spent four years at Morgantown and graduated with a degree in forestry management.
He was then a service forester for the Department of Forestry, where he met his wife Michaela before returning to Lewis County for good in October 1989.
McWhorter worked several years for the DOF, where he saw a need in the industry to consolidate forestry management with consulting.
“Not many businesses around the state could handle what I was wanting to do,” McWhorter said. “Most consulting shops are one-man operations and focus mainly on timber sales, but I did not want that as my main source of income if I was to start a business.”
After deciding to provide services in timber management for corporations and private landowners, McWhorter opened Landmark Forestry in October 1992. He began the company with a single desk in his garage. Little did he know it was the beginning of a multi-faceted consulting firm employing 25 workers and would spring several peripheral businesses.
Peaks and Valleys
In May 1992, Landmark got its first official office and first employee.
Jason Barnette was a forestry student at Glenville State College and worked for two summers as an intern before joining the company as a full-time employee in 1995. He now serves as the director of forestry operations.
From there, the future for expansion was wide open. Within the past 14 years, Landmark has grown leaps and bounds beyond McWhorter’s initial vision for his company.
“I got to admit, it has grown more than I ever imagined,” McWhorter said.
Landmark manages more than 300,000 acres on a daily basis for forest landowners, ranging from non-industrial private landowners to timber investment management organizations managing funds geared strictly to timberland investments.
The company has completed inventories for acquisition purposes that are routinely in the 10,000- to 50,000-acre range and have completed two inventories in excess of 500,000 acres each.
Those large projects led to the need for some special skill sets and software. In 1998, Landmark began using a geographical information system (GIS), a computerized mapping program that has greatly benefited the company and its clients by advancing the accuracy and enhancing the efficiency of forest management services.
Another need was a forest inventory software program that was flexible as well as accurate. In 2000, Patrick Shea joined the firm to develop Cruise Control software. Landmark sold the first licensed copies of the program in 2003, and the program is in use at businesses in several east coast states.
“It was amazing how a need for just faster, consistent inventory and mapping needs turned into the development of several other businesses and software programs,” McWhorter said.
Along with Shea, McWhorter said, Wes Bailes keeps the technological end of the business afloat. Shea is the main support person for customers using Cruise Control. Bailes, a computer programmer, continues to develop applications for GIS and other forestry programs.
“Those two are brilliant minds and truly are critical to this company’s existence but its growth as well,” McWhorter said. “Because of the work Shea has done, we are a top eight company in the forestry business.”
The growth has not come without hurdles.
“I remember when I did not have enough money to cover payroll one time -- we were like $300 short,” he said. “I asked my wife what we were going to do because these people worked and needed paid. In a calm and cool voice, she told me that we had the money in our savings account. I look back on those days now and just thank God we made it this far.”
Spreading Wings
McWhorter said he discovered his love for flying as a child when he attended 4-H at Jackson’s Mill.
“I just remember staring at the planes flying overhead, thinking that flying was something I wanted to do,” he said.
McWhorter said he had an opportunity to learn in 1987, when he lived in Berkeley County as a service forester. He said both his landlord and his landlord’s son had pilot’s licenses, and they asked whether he would like to join them for a flight.
He would continue to take classes until he decided to get serious about it. He received his pilot’s license in 2003. Again, McWhorter saw an opportunity to expand Landmark’s services.
“We have been doing aerial photography for five years now,” McWhorter said.
McWhorter said by combining the GIS with digital imaging programs and aerial photography, Landmark can provide clients a full and accurate view of the forested acreage. That was unavailable a decade ago.
“We have capabilities we did not used to have, and it is making our jobs easier as well,” he said.
With a Nikon camera mounted in a hole in the company’s Cherokee 6 helicopter, Landmark can photograph thousands of acres in a matter of weeks rather than months, McWhorter said.
Landmark’s use of available resources has led the company into 911 mapping for counties throughout the state. In 2008, the company did digital mapping for Upshur, Randolph and Barbour counties’ 911 centers.
“It has become a wonderful revenue stream as well as helped us to secure several other 911 projects in other counties in not only West Virginia but surrounding states,” he said.
With an acquired fleet of two small planes and a helicopter, McWhorter yet again saw an opportunity to expand his business. So what does a guy do with all those toys? He started Mountain Air Services, a plane charter company and plane maintenance company, Skymark Aviation at the Upshur County Airport in Buckhannon.
“We received our charter certificate after a long, difficult process, but we can do charters now, and we offer flight instruction as well,” McWhorter said. “We have our own pilot, mechanic and planes, so why not?”
Future Is on the Horizon
So what does a man who seems to have his hands into everything do next? According to McWhorter, you find more to get your hands on.
“My entire business career has been planning ahead,” McWhorter said. “You have to keep diversifying to succeed.”
McWhorter said he credits his success to finding what other businesses the current businesses can spin off. He said every project he takes on has a potential to create a new service his company can provide.
“Just from our work with the GIS system, my management team and I realized counties were going to go from paper to digital files, so we bought a digital imager that converts paper images into digital segments, allowing massive digital maps to be produced,” McWhorter said.
McWhorter said he does not look only at forestry for business expansion. He said with the development of biomass fuels on the horizon, he sees more opportunity for foresters and is currently trying to remain savvy to the new industry.
“We have started purchasing carbon credits so we can begin to position ourselves as players on that market,” McWhorter said.
He said he believes those kind of decisions are important for his company and for the state as well. He said business people in the state and throughout the country currently are leery to take risks, but he has a different view.
“I am willing to invest money when others may be careful because, luckily, the way the economic climate is in our state currently, I can afford to roll the dice,” he said.
McWhorter said he does not necessarily see growth in forestry, but he can see growth in technology.
“Introducing new technology into forestry does not make it hard to be the top forestry management company in the state, but with our continuously progressing mapping, GIS, and new things we are developing on image capturing, we plan to be one of if not the top forestry company in the country in the next three to four years.”
McWhorter said word of mouth continues to allow him to expand his business.
“We have done every sector in the country except the northwest, and I am working on that,” he said. “People know who can get the job done in business, and we have a reputation for doing quality work.”
McWhorter said he could not continue to expand without his staff. He said he has a great management team that shares his vision for growth, and it is important to him outside the work environment as well.
“We work together play together and are just a big family, so without their skill sets I would not be here today,” he said.
McWhorter said he has two set goals for his company to succeed.
“I always want to be in growth mode, and I want a work environment that is rewarding and flexible by hiring people that are interested in getting the job done then going home and enjoying their lives for a job well done,” he said.