Wind power generation plant pleads in deaths of hundreds of birds

And a day later, 81 more migratory birds died at the complex, Ihlenfeld alleged.

Giant wind turbines, which look like windmills, are located at the site. But in this instance, the birds, confused by the lighting of the complex, as well as fog and a low cloud ceiling, collided with battery containers and wires, according to Ihlenfeld’s filing.

Causes of death included blunt force impact, lacerations and exhaustion, Ihlenfeld asserted.

The filing contended the company failed in its legal obligation to comply with the Migratory Bird Treaty Act by not using “reasonable, prudent and effective measures to avoid or minimize the impact of lighting on migratory birds.”

The company also failed to provide proper training to employees about compliance with the Act, Ihlenfeld alleged.

The company could face a fine of up to $15,000 for each count, incarceration of up to 6 months, or both when sentencing is imposed at a later date by U.S. Magistrate Michael John Aloi.

Also:

A 39-year-old Clarksburg man accused of stabbing another city resident during an altercation has been charged with malicious assault.

Jason David Morris was jailed on $50,000 bond following an initial appearance before Magistrate Warren “Gizzy” Davis.

Morris and the victim got into an argument late Thursday that turned physical, but they were separated by Clarksburg Police, according to the criminal complaint.

Morris left, but then came back to return items, and the men fought again, Clarksburg Officer Brett Levine alleged.

During this fight, Morris used a knife with a blade of about three inches to stab the other man, Levine alleged.

Two witnesses said Morris was the aggressor, according to Levine.

— Terry A. Cross, 33, of Clarksburg, has been sentenced to 2 years’ probation by U.S. District Judge Irene M. Keeley for aiding and abetting distribution of heroin in Harrison County.

Cross must spend the first 8 months of his probation on home detention, the judge ruled.

The Greater Harrison Drug and Violent Crimes Task Force investigated.

— Randy Joe Jones, 32, of Clarksburg, has pleaded guilty before Keeley to distribution of heroin within 1,000 feet of Clarksburg’s Harrison Street Park.

The crime occurred April 17, 2013, the Greater Harrison Drug and Violent Crimes Task Force has alleged.

— Rachel Amanda Helsley, 36, of Clarksburg, has been sentenced by Keeley to 15 months in prison, to be followed by 6 years’ supervised release.

Helsley’s crime: Aiding and abetting distribution of heroin within 1,000 feet of Clarksburg’s Broadway Playground. The Greater Harrison Drug and Violent Crimes Task Force investigated.

Helsley has charges pending in state court.

— Crystal Jo Brady, 43, of Clarksburg, has pleaded guilty before Harrison Chief Judge Thomas A. Bedell to delivery of cocaine within 1,000 feet of Adamston Elementary School.

Brady will be sentenced in March in the case investigated by the Harrison County Street Crimes and Drug unit.

Harrison Assistant Prosecutor James Armstrong and Harrison Assistant Defender Vanessa Welch will argue sentencing. Armstrong also agreed to forgo prosecution of Brady as a recidivist.

— John Basile, 65, of Blacksville, has pleaded guilty before Magistrate Aloi to possessing a stolen .22-caliber Iver Johnson Model TP22 and a stolen .22-caliber North American Arms Model NAA22.

The crime occurred from June 26, 2014, to Sept. 24, 2014, in Marion and Monongalia counties.

Keeley will impose sentence at a later date.

— Trial for John Glenn Bartley, 54, of Martinsburg, has been postponed.

The trial had been scheduled to begin Feb. 1. But during a pretrial hearing on Friday, Judge Keeley set a new trial date in April.

Bartley is charged federally with three counts of stalking and one count alleging interstate violation of a protective order.

Bartley on May 10, 2010, in Morgantown used UPS to “deliver a package containing lewd and indecent photographs” of a woman to her brother, the indictment alleged. Bartley then used the Postal Service to do the same thing on May 17, 2010, the government has alleged.

Then after a protective order was entered against Bartley in Monongalia County Magistrate Court on May 20, 2010, he traveled from Maryland to West Virginia, where he posted “a lewd and indecent photograph” of the female in a truck stop men’s room, “together with a note containing her home and cell phone numbers,” the government has alleged.