More lawsuits filed in deadly 2014 Harrison cell tower collapse

Personal injury lawsuits were filed on behalf of Randall McElhaney, 29, formerly of Gore, Oklahoma, and now of Texas, and Jerry Hill, 50, of Muskogee, Oklahoma.

Previously, a wrongful death lawsuit was filed on behalf of Nutter Fort volunteer firefighter Michael Garrett, 28, who was killed when a second tower collapsed as he and other first responders went to assist the workers.

The lawsuits on behalf of Kirkpatrick, Hill, McElhaney and Richard name SBA Communications Corp. of Boca Raton, Florida, and three subsidiaries as defendants. Also named as defendants: FDH Velocitel of Northbrook, Illinois and three subsidiaries. The lawsuits seek compensatory and punitive damages and demand trials by jury.

McElhaney, the Richard estate and Hill are all represented by Charleston lawyers Damon Ellis and Jonathan Mani. Allan Karlin of Morgantown is also on Wright’s case, and represents Hill. Additionally, Karlin and his associate, Jane Peak, represent the Kirkpatrick estate.

Three workers were about 70 feet up on the 300-plus foot tower when it began to collapse, State Police Cpl. Mark Waggamon has said. Another worker was about 20 feet off the ground.

All of the lawsuits contend faulty methods were used to shore up the main tower as efforts were made to alter it so it could host additional antennas and produce more revenue.

Harrison Circuit Judge James A. Matish has been assigned all of the lawsuits.

Also:

— Eugene Payne III, 36, of Fairmont, has been charged in Harrison County with fraudulent schemes and delivery of marijuana.

While employed for Gillman Services Inc. on a building construction job in Harrison County in early 2014, Payne provided marijuana to a supervisor in return for getting credit for hours he hadn’t worked, State Trooper Bunton Chambers has alleged. Payne was paid nearly $4,000 through the scheme, Chambers has alleged.

The defendant was arrested in Marion County.

— Logan Drake, 21, of Shinnston, has waived his probable cause hearing before Harrison Magistrate Tammy Marple.

That sends to circuit court the two counts of delivery of heroin and two counts of conspiracy to deliver heroin lodged against Drake by the Harrison County Street Crimes and Drug unit.

— Kendrall Raynard Pugh, 24, of Charleston, has waived his probable cause hearing before Marple.

Pugh was charged with possession with intent to deliver heroin by the Street Crimes and Drug unit.

— Two individuals have been charged with breaking and entering in Harrison County.

Deputy Zach Bartlett has charged Chad Sterling Bender, 27, of Jane Lew, with the May 23 B&E of a Good Hope garage used for storage by Frankie G’s Convenience Store.

Jason David Morris, 38, of Clarksburg, was charged by Clarksburg Patrol Officer Brendan Boetker with the March 30 breaking and entering of a garage on Hart Street in Clarksburg.

Marple set bond at $50,000 for Bender, while Harrison Chief Magistrate Frank DeMarco set bond at $5,000 for Morris.

— Johnny Ray Sprouse, 60, of Anmoore, has been charged with embezzlement by Bridgeport Police Officer L.D. Jansen.

On April 6, Sprouse pocketed about $6,230 in cash when he left his job at the Route 50 Lounge, the complaint alleges.

Sprouse confessed April 11, the complaint alleges.

Bond was set at $20,000 by Marple.

— Theresa Muncy Smith, 40, of Clarksburg, has waived her probable cause hearing before DeMarco on two counts of felony third-or-subsequent offense shoplifting, sending the cases to circuit court.

Smith now has four such charges pending action by the grand jury, according to the office of Harrison Prosecutor Rachel Romano.

— Gloria J. Dotson, 28, of Weston, has been ordered arrested by DeMarco after she failed to appear for her probable cause hearing Monday.

Doston is charged with two counts of uttering.

— Walter Lee Blair, 38, of Clarksburg, waived his right to a speedy probable cause hearing on Monday in order for the defense to send the defendant for competency testing, Assistant Prosecutor Traci Cook said.

Blair is charged with three counts of first-degree sexual abuse by Clarksburg Detective P.D. Graeber.

— Two individuals pleaded guilty Monday before U.S. Magistrate John S. Kaull, according to the office of U.S. Attorney William J. Ihlenfeld II.

Patrick W. Ganim, 29, of Chagrin Falls, Ohio, entered a plea to traveling across state lines to have sex with a juvenile, according to Ihlenfeld’s office.

Meanwhile, Jessie Marie Fox, 22, of Mill Creek, has pleaded guilty to oxycodone trafficking, according to Ihlenfeld’s office.

Fox was part of a drug distribution operation that saw heroin and prescription painkillers brought to Morgantown from Philadelphia, according to Ihlenfeld’s office.

Fox and Ganim will be sentenced at later dates by U.S. District Judge Irene M. Keeley.

— A felony third-offense domestic battery charge against Danny Paul Newbrough, 39, of Gypsy, has been dismissed by the prosecution.

The state could only find a certified record of one prior conviction in magistrate court, according to Cook.

Newbrough will be charged with misdemeanor second-offense domestic battery, Cook added.

— Heather Renee Lawson, 24, of Stonewood, has pleaded guilty to misdemeanor unauthorized use of an access device.

In return for the plea, the state dismissed a felony fraudulent use of a credit card account.

Lawson was ordered to pay restitution and put on unsupervised probation by Senior Magistrate Nancy Means.

The defendant unlawfully used another female’s credit card number to make seven purchases in March through Amazon.com, totaling about $120, a deputy alleged.