Clarksburg man accused of sex crime against small child

The defendant has denied any sexual contact with the child, according to Bush.

The arrest was made after Killingsworth failed a polygraph, according to the complaint. Bush also linked Killingsworth to the crime via a sexually transmitted disease, the complaint alleges.

Killingsworth was released on $75,000 bond after an initial appearance before Harrison County Magistrate Tammy Marple.

He could face 10-20 years in prison if convicted.

Also:

— Harrison Circuit Judge James A. Matish has rejected a constitutional challenge of imprisonment by Terry Wesley Peggs Jr.

Peggs had challenged the work of his attorney in a case in which Matish sentenced him to prison for 10 years for first-degree robbery. Peggs had asked the lawyer to file a motion for reduction of sentence, but that wasn’t done, the defendant’s filing asserted.

In denying the challenge, Matish pointed out that the sentence was lawful “and not subject to a legal challenge, and (Peggs) has provided no basis for the Court to believe he would have been entitled to a discretionary reduction ....”

Further, it isn’t even clear that defendants are entitled to representation by a lawyer in a motion for sentencing reduction, Matish contended.

Peggs, also serving time for burglary by breaking and entering and for grand larceny, is due for a parole hearing June 1. He is projected to discharge the sentence without parole on Nov. 23, 2022.

The 38-year-old who formerly lived in Wyatt is an inmate at Huttonsville Correctional Center. He punched, choked and then robbed a Wyatt man in the man’s home.

Harrison Assistant Prosecutor Andrea Roberts represented the state in the proceedings involving the challenge.

— Justyn Paul Humphrey, 26, of Clarksburg, was sentenced to a year in jail Wednesday for felony unlawful assault in a beating that cost his roommate a testicle.

Humphrey could have faced a prison term of 1-5 years, the amount sought by Harrison Assistant Prosecutor Laura Pickens. However, Harrison Judge John Lewis Marks Jr. imposed the alternative jail term and credited Humphrey 11 days previously served.

Humphrey will be permitted to self-report by 5 p.m. Friday.

Harrison Assistant Defender Eric Householder had sought home detention or probation.

In requesting prison, Pickens noted the severity of the victim’s injuries. Humphrey also had a prior domestic assault conviction for which he served time, Pickens noted. Additionally, Humphrey hadn’t taken responsibility for his crime, Pickens said.

Humphrey continues to maintain he acted in self-defense.

Humphrey was convicted in February by a Harrison County jury.

The victim testified during the trial that he had been drinking and heard the voice of his dead brother just prior to the altercation. He then believed Humphrey was making fun of him for saying he had heard his brother, the victim testified.

The victim, age 54, said he then went to strike Humphrey, but the younger man struck first by kicking him in the groin. Then, while he was on the floor, Humphrey stomped him at least once more, the victim said.

The victim said that in addition to losing a testicle, medical personnel also treated an artery in the groin area for damage.

— An Upshur County jury has acquitted Ryan Starcher Lockwood, 23, of Buckhannon.

Lockwood had been facing two felony charges: Sexual abuse by a parent, guardian, custodian or person in a position of trust and first-degree sexual abuse.

— Shinnston sex offender Jesse James Ketterman has been charged in Upshur County with falsely reporting an emergency incident and with public intoxication. Both are misdemeanors.

On Saturday, Ketterman entered Sheetz and told employees “several times that they needed to call 911 because he was going to tear the store up,” Buckhannon Patrol Officer Darin Hissam has alleged.

When officers arrived, Ketterman “initially advised that he told Sheetz to call 911 because he wanted a ride, then later advised that he wanted to go to jail,” the complaint asserts. “The defendant only threatened to cause damage to the store, and did not follow through on his threat.”

Ketterman is required to register as a sex offender for life for raping a woman in Virginia, State Police Cpl. Ed Boyle alleged in a prior court filing. The defendant was deemed a sexually violent predator in that case, Boyle alleged previously.

Ketterman, 38, remains jailed on $5,000 bond.

— George Brian Booth, 58, of Clarksburg, has been charged by State Police Cpl. Mark Waggamon with felony animal cruelty.

On April 14, Booth shot a 3-year-old female border collie mix with a shotgun, causing several small wounds to the animal’s right rear leg, Waggamon has alleged.

Booth was released after an initial appearance before Harrison Chief Magistrate Frank DeMarco.

— A Fairmont attorney has filed suit in federal court alleging a Grafton resident’s constitutional rights were violated by a city police officer.

Lawyer Kevin Tipton filed on behalf of Grafton’s George Hershman.

The officer, who since has retired, threw Hershman to the ground and arrested him without good cause, Tipton asserted.

That action injured the plaintiff, in addition to violating Hershman’s rights to “be secure in his person” and “to be free from cruel and unusual punishment,” Tipton asserted.

The officer’s action also violated the West Virginia Constitution’s guarantee involving search and seizure rights, Tipton asserted.

The lawsuit also contends the city shouldn’t have hired the officer and shouldn’t have retained him. The city also failed to properly train and supervise the officer, the lawsuit asserts.

Grafton City Attorney Shawn Nines declined comment.

The matter has been assigned to U.S. District Judge Irene M. Keeley.