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October 25, 2014

Harrison County grand jury returns indictments

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Posted: Tuesday, January 8, 2013 11:40 pm | Updated: 8:51 am, Wed Jan 9, 2013.

CLARKSBURG — An investigation into the alleged systematic torture of a 2-year-old has uncovered a crime against another child, an infant, according to Harrison Prosecutor Joe Shaffer.

The state’s attorney confirmed that revelation after grand jurors returned a new charge against one of the defendants.

And in another case, grand jurors indicted a Dola man in the slaying of another young man, a shooting alleged to have occurred in connection with a $450 marijuana deal.

The grand jury completed its work Tuesday after meeting for about a day and a half.

Harrison Circuit Judge Thomas A. Bedell next will arraign defendants, a process in which those indicted enter innocent pleas, bond is addressed and the trial calendar is announced.

In the case involving the 2-year-old, the child’s mother, Kelsey B. Turner, 21, of Stonewood, was indicted on 62 felony charges and one misdemeanor.

Turner is charged with 41 counts of child abuse resulting in injury, 19 counts of malicious assault, one count of misdemeanor obstructing, one count of child abuse creating a substantial risk of serious injury and one count of presentation of false information regarding a child’s in-juries.

She could spend the rest of her life in prison if convicted of some, or all, of the charges.

Turner had been charged with 22 counts of felony child neglect in magistrate court, so the number of charges was nearly tripled at the grand jury level.

It went the other direction for codefendant Frank Cherubino, who had been facing the same 22 child neglect charges in magistrate court.

On Tuesday, the grand jury returned only one charge of felony gross child neglect creating substantial risk of serious injury or death and one obstructing charge against Cherubino.

That came after the investigation determined Turner was culpable for the injuries, according to Shaffer.

The state contends Cherubino was “aware of the abuse, but failed to contact authorities,” Shaffer said.

But Cherubino has a new problem: Shaffer sought, and obtained, an indictment against the defendant on a charge of using a minor to produce obscene matter.

That charge, by itself, carries a potential term of up to 10 years in prison. And, a conviction would require Cherubino to register as a sex offender for life, according to Shaffer’s chief assistant prosecutor, Susan Morris.

“The allegations are that Mr. Cherubino used a minor child to produce an obscene photograph that included (the child),” Shaffer said.

The victim in this case is a different one than in the other two charges, Shaffer confirmed, and this child is under a year old.

Harrison Sheriff’s Lt. P.B. McCarty had seized the phones of Cherubino and Turner as part of the investigation into the 2-year-old’s injuries, Shaffer said. The incriminating photo was found on Cherubino’s phone, Shaffer alleged.

The 2-year-old, meanwhile, suffered a detached retina when she was shaken, the state has alleged.

The girl also was struck with a spoon-like object and burned with cigarettes on her hand, face, feet and the back of her legs, the state has alleged.

In the homicide case, Shawn T. Kinser was indicted on charges of murder and carrying a deadly weapon without license or other authorization, according to Shaffer.

Kinser, 22, of Lumberport, is charged in the July 6 shooting death of Nicholas Ray Allen, 25, of Rosemont.

Police believe a bullet from a Glock 9mm was fired into Allen’s stomach. The wound was found to be the cause of death, Clarksburg Police have said.

The shooting occurred at the intersection of Williams Avenue and North 20th Street in the North View section of Clarksburg, police have alleged. The men were arguing, and then Kinser, who was in a car, fired the shot at Allen, who was standing on the street, authorities have alleged.

Also, the grand jury indicted Bernard Wilson Cox Jr. on charges of first-degree robbery, kidnapping, assault during commission of a felony and burglary, according to Shaffer.

Cox, 31, of Clarksburg, is accused of kidnapping and robbing a 76-year-old woman in her home before she fled by tricking him into taking her to a public place.

Grand jurors also indicted a mother-son robbery team, Shaffer alleged.

Kelly Sue Wright, 44, and son James David Hurst, 21, both of Clarksburg, each was charged with first-degree robbery and conspiracy to commit first-degree robbery, the prosecutor said.

Others indicted Tuesday, and the charges against them, according to Shaffer’s office:

• William M. Crayton II, 21, Clarksburg, burglary, conspiracy to commit burglary, grand larceny.

• Joseph R. White, 31, Bridgeport, child abuse resulting in injury.

• John Vandale Curry, 45, Bridgeport, obtaining money, goods or services in return for worthless check.

• Joshua M. Rawlings, 27, Clarksburg, six counts delivery of a controlled substance.

• Leanna Dawn Dodd, 27, Clarksburg, third-or-subsequent offense shoplifting.

• Phillip Steven Moore, 27, Lost Creek, four counts fraudulent use of an access device, one count attempted fraudulent use of an access device.

• Christina Lynn Gallo, 31, Reynoldsville, obtaining welfare benefits by fraud or misrepresentation.

• John Edward Ramsey Jr., 28, Clarksburg, grand larceny.

• John Vance Martin II, 33, Shinnston, failure to pay child support.

• Chad M. Haught, 31, Clarksburg, five counts attempted fraudulent use of an access device, two counts fraudulent use of an access device, two counts conspiracy to fraudulently use an access device, one count first-degree robbery, one count conspiracy to commit first-degree robbery.

• William J. Lane, 39, Clarksburg, five counts attempted fraudulent use of an access device, two counts fraudulent use of an access device, two counts conspiracy to fraudulently use an access device, one count first-degree robbery, one count conspiracy to commit first-degree robbery.

• Christopher German, 27, Salem, fraudulent schemes.

• Melissa A. Harris, 28, Clarksburg, three counts fraudulent use of an access device.

• Cheryl Taylor-Wolfe, 21, Lost Creek, three counts fraudulent use of an access device.

• Michelle Moore, 29, Clarksburg, obtaining welfare benefits by fraud or misrepresentation.

• Brian Keith Mayle, 40, Philippi, malicious assault.

• Isaac John Layfield, 27, Fairmont, embezzlement.

• Warren A. Colby IV, 43, West Milford, fraudulent schemes.

• Randy Clark, 21, Mount Clare, malicious assault, assault, brandishing.

• Daniel Ray Riffle, 45, Weston, false pretenses and attempted false pretenses.

• Christopher Robin Peters, 30, Weston, two counts forgery, two counts uttering, one count escape.

• Jeremy Douglas Massey, 24, Shinnston, two counts second-degree sexual assault, one count burglary.

• Michael Eugene Shields, 44, Clarksburg, nine counts destruction of property, one count breaking and entering.

• Donald Ray Starr, 46, Clarksburg, third-or-subsequent offense domestic battery.

• Thomas Rowh, 63, Clarksburg, perjury.

• William Duane Bouie, 20, Pittsburgh, delivery of a controlled substance, possession with intent to deliver, fleeing from law enforcement.

• Derek D. Brown Jr., 23, Pittsburgh, delivery of a controlled substance, possession with intent to deliver, fleeing from law enforcement.

• Christopher James Davis, 21, Bridgeport, three counts delivery of a controlled substance.

• Mary Yeager, 31, Clarksburg, delivery of a controlled substance, child neglect creating risk of serious injury.

• Jessica Lynn Todd, 39, Salem, two counts forgery, two counts uttering.

• Kimberly Renay Hoops, 43, West Union, wanton endangerment involving a firearm, domestic battery, destruction of property.

• Megan Hanshaw, 22, Clarksburg, malicious assault, possession of a controlled substance.

• Elizabeth Starr Paletta, 21, Shinnston, possession with intent to deliver, conspiracy to possess with intent to deliver.

• Jeremy Cain Vanslyke, 25, Shinnston, possession with intent to deliver, conspiracy to possess with intent to deliver.

• Allen Stout, 53, Clarksburg, third-or-subsequent driving on a license revoked/suspended for DUI.

• Michael Sendling, 34, Clarksburg, causing injury to emergency room medical personnel.

• Joshua Harold Williams, 27, Mount Clare, delivery of a controlled substance.

• Hope Nichole Smith, 27, Clarksburg, grand larceny, conspiracy to commit grand larceny.

• Louis Ray Smith, 31, Clarksburg, grand larceny, conspiracy to commit grand larceny.

• Matthew Collins, 30, Stonewood, third-or-subsequent offense domestic battery.

• James Curtis Derosette, 35, Salem, two counts malicious assault, two counts second-offense domestic battery.

• Julian Scardina, 36, Clarksburg, grand larceny.

• Shawn Daniel Hyde, 31, Bridgeport, third-or-subsequent offense DUI.

• Rebecca Jane Halpenny, 41, Shinnston, 37 counts fraudulent use of an access device, one count false pretenses.

• Jason Gregory, 25, Lumberport, embezzlement, conspiracy to commit embezzlement.

• Jordan L. Dennison, 25, Morgantown, embezzlement, conspiracy to commit embezzlement.

• Richard Tucker, 46, Clarksburg, child abuse resulting in injury.

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