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Grand jury returns 28 indictments
Modified: Friday, Jan 22nd, 2010




The mother of a 3-year-old child who died after being in a hot car in May has been indicted by an Upshur County Grand Jury for child neglect resulting in death, a felony.

Misty Dawn Linger, 29, of Buckhannon, allegedly unlawfully and feloniously neglected her son, Elijah “Nick” Linger, according to the indictment. Nick was discovered in a vehicle with the windows rolled up on May 28, 2009 and was pronounced dead at St. Joseph’s Hospital.

Twenty-eight indictments were returned by the grand jury Monday.

Amanda Lacey Cake, 20, of Rock Cave, was indicted for child neglect creating a risk of injury, a felony, two counts; and child abuse by a parent, guardian or custodian resulting in bodily injury, a felony. On an unknown date in July, Cake allegedly left her 2-year-old unattended. On July 19, Cake allegedly hit the child in the face and on her body, causing bruises. She also left her child in the care of Henery Jacob LeeMasters, knowing he was not fit to take care of her child.

Samuel Lee Flowers, 46, of Weston, was incited for wanton endangerment involving a firearm, a felony, four counts; and domestic battery, a misdemeanor. On September 18, 2009, Flowers had allegedly been involved in a domestic dispute with his wife, and when law enforcement arrived, they convinced him to let the two children go to a safer location. As Deputy First Class Dewaine Linger carried the kids up the hill and Deputy First Class Theron Caynor was coming down the hill, Flowers allegedly shot out the window to the right of where they were.

Clifford D. Golden, 67, of Buckhannon, was indicted for first-degree sexual assault, a felony, two counts; sexual abuse by parent, guardian or custodian, a felony, three counts, and first-degree sexual abuse, a felony, three counts. The abuse was alleged to take place in October and November 2009 while a 10-year-old girl was under Golden’s care.

Clifford Guy Moore, 52, of Adrian, was indicted for third-degree sexual assault, a felony, four counts; and incest, a felony, three counts. The exact date is unknown, but prior to November 19, 2007, Moore allegedly engaged in sexual intercourse with a female under age 16 and sometime before December 25, 2008, he allegedly engaged in sexual intrusion with a female under age 16. At another date unknown, Moore allegedly engaged in sexual intrusion with a female under age 16.

Joshua Edward Heater, 23, of Buckhannon, was indicted for sexual assault in the third degree, a felony, four counts; contributing to the delinquency of a minor, a misdemeanor, two counts; and violation of a protective order, a misdemeanor, one count.

Heater allegedly engaged in sexual intercourse with a female under age 16 on several occasions in September 2009.

Robert Elijah Bennett, 45, of Buckhannon, was indicted for retaliation against a public official, a felony, one count; domestic assault, a misdemeanor, one count; destruction of property, a misdemeanor, one count; and obstructing an officer, a misdemeanor, one count. Bennett allegedly threatened to shoot his son and then shot in his son’s direction as he fled the residence. He then refused to unlock the door for law enforcement, forcing them to break the door down. Once under arrest, Bennett allegedly urinated in the back of Sgt. Marshall Power’s vehicle.

Michael David Simons Jr., 19, of Buckhannon, was indicted for breaking and entering, a felony; and grand larceny, a felony. On October 17, 2009, Simons allegedly broke into a storage building on Central Avenue, stealing a 2004 Yamaha four-wheeler.

Gilbert W. Arnett, 34, of Buckhannon, and Brenda Faye Harmon, 45, of Buckhannon, were indicted for obtaining controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, a felony; attempting to obtain a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, a felony; and conspiracy, a felony, two counts.

On October 8, 2009, Arnett and Harmon allegedly acquired Hydrocodone, a Schedule III controlled substance. A few weeks later, on November 2, the two allegedly attempted to acquire Hydrocodone again.

Amanda Foster, 26, of Weston; Jeremiah D. Bennett, 32, of Buckhannon; Ashley Casto, age and address unknown; and Richard Weaver, age and address unknown, were indicted for three counts of burglary, a felony; petit larceny, a misdemeanor; grand larceny, a felony, two counts; and conspiracy, a felony, two counts. In August 2009, the four allegedly broke into an apartment at Valley Green and stole a DVD player, DVDs, knick knacks, wind chimes, a SpongeBob TV, X-Box with games, photo printer, food, clothing and nail polish.

Nanette Rae Corley, 39, of Buckhannon, was indicted for domestic battery, third or subsequent offense, a felony, and violation of a protective order, a misdemeanor, two counts. On October 26, 2009, Corley allegedly made physical contact with a family or household member. On September 22, Corley was convicted on her plea of no contest to misdemeanor domestic battery. On April 5, 2007, Corley was convicted upon her plea of guilty to misdemeanor domestic battery. Corley also allegedly violated a protective entered on October 13, 2009.

Brenda Lee Shaw, 31, of Sutton, was indicted for fraudulent scheme, a felony. On August 27 and September 14, Shaw allegedly issued about 20 checks to Brushy Fork Mart and another individual with a cumulative value of $1,489.17. Shaw allegedly knew this account was not open at BB&T.

Jeremy Boyd Williams, 23, of Buckhannon, was indicted for delivery of a controlled substance, a felony, two counts, and delivery of a controlled substance, marijuana, within 1,000 feet of a school, a felony. Williams allegedly delivered marijuana within 1,000 feet of West Virginia Wesleyan College on September 29 and allegedly delivered marijuana at another time on September 22.

Todd Walker Sutton, 28, of Buckhannon, was indicted for delivery of a controlled substance, cocaine, a felony, two counts. Sutton allegedly delivered cocaine on October 8, 2009.

Joseph Joshua Ward, 29, of Buckhannon, was indicted for daytime burglary, a felony; forgery of a credit card, a felony, three counts; fraudulent scheme, a felony; and manufacture of a controlled substance, a felony. Ward allegedly broke into a home sometime in August 2009. He also allegedly used a VISA credit card without permission from its owner in March 2009 and racked up $2,079.91 in purchases. Also, on August 22, Ward allegedly manufactured marijuana.

Brian Edward Reed, 32, of Buckhannon, was indicted for domestic violence, third or subsequent offense, a felony, two counts. Reed allegedly made physical conduct with a family member on November 6, 2009. He had two prior convictions.

Johnathan Roy Peyatt, age and address unknown, was indicted for sexual assault in the first degree under age, a felony; and sexual abuse by a parent, guardian or custodian, a felony. The alleged abuse took place between February 2, 2007 and February 1, 2008 with a child under his care.

Henry Jerome Powers, 30, of French Creek, was indicted for domestic battery, third or subsequent offense, a felony, stemming from a November 21, 2009 incident. Powers had two prior convictions.

Michael Neil Cunningham, 41, of Rock Cave, was indicted for driving under the influence of alcohol, third or subsequent offense, a felony, two counts; driving while license revoked for DUI, first offense, a misdemeanor; improper vehicle registration, a misdemeanor; and no proof of insurance, a misdemeanor.

Howard Joseph Landers II, 19, of Buckhannon, and James Bruce Heckman II, 18, of Buckhannon, were indicted for grand larceny, a felony, two counts; burglary, a felony; petit larceny, a misdemeanor; and conspiracy, a felony, three counts. On September 25, 2009, the two allegedly took a Yamaha 350 Banchee four-wheeler, a 2003 Suzuki trial bike and a green 2005 Suzuki Osark four-wheeler from two different properties. In October 2009, the two allegedly broke into a Tallmansville property and took approximately $900 in tools and chain binders.

Thomas Lee Wagner, 52, of Philippi, was indicted for driving under the influence of alcohol, third or subsequent offense, a felony, two counts, and driving while license revoked for DUI, a misdemeanor.

Daniel Lee Canter, 25, was indicted for possession with intent to deliver a controlled substance, a felony; driving while license revoked for DUI, a misdemeanor; and improper registration, a misdemeanor.

John David Humphrey, 30, of Buckhannon, was indicted for possession with intent to deliver a controlled substance, methamphetamine, a felony, in December 2008.









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