Harrison, West Virginia, man gets deferred adjudication for access device fraud, but spends over 300 days in jail first

Bedell appeared to indicate the amount of time it took for the case to get to the decision point was part of the reason why he granted the deferred adjudication over the state’s objection.

“If Mr. Brugnoli hasn’t learned his lesson in 314 days (in jail), he’s probably not going to learn it,” Bedell said.

Assistant Defender Mark Antos successfully argued for the deferred adjudication, which includes inpatient drug treatment.

If Brugnoli successfully completes the deferred adjudication, the charge of felony access device fraud will be dismissed. If he isn’t successful, the court could accept the charge and sentence Brugnoli to prison.

Brugnoli’s victim of the access device fraud was a 72-year-old woman confined to a wheelchair, according to the state. However, Brugnoli said he found the card, and didn’t know the circumstance of the owner, according to Antos.

Brugnoli also must pay about $100 restitution to the bank and almost $35 to the woman, since the bank didn’t cover the entire loss.

Also:

— Bedell has granted a deferred adjudication to Aleigha Renee Peiffley, 22, of Clarksburg.

If Peiffley successfully completes the one-year deferred adjudication, she would be permitted to withdraw her plea to felony fleeing with reckless indifference. She then would enter a plea to misdemeanor fleeing and be put on probation for a year.

Harrison Defender Susan Morris and Assistant Prosecutor James Armstrong joined in recommending the deferred adjudication.

Peiffley had a minimal criminal history, is young, has some higher education and is working, according to statements by the lawyers.

Deputy S. Richardson investigated.

— Nathaniel P. O’Connell, 35, has waived his probable cause hearing before Harrison Magistrate Kimberly Wygal on a charge of soliciting a minor via computer.

O’Connell has pleaded not guilty and is presumed innocent.

If convicted, he could face up to 30 years in prison.

Stonewood Officer A. Moore investigated.

— Bane Erik Kjerrumgaard, 34, of Mahoning County, Ohio, has waived his right to fight extradition back to the Buckeye State on a fugitive warrant.

Kjerrumgaard is wanted on a child support warrant from Summit County, Ohio, according to a court filing.

Harrison Chief Judge Christopher J. McCarthy presided over the extradition hearing.

— McCarthy has sentenced Michael Edmond Davisson, 49, of Clarksburg, to two years of probation for misdemeanor domestic battery.

The court suspended a 1-year jail term.

Davisson is to have no contact with the victim, and must undergo drug treatment and domestic violence counseling, according to Assistant Prosecutor Kevin Watson.

— Two counts of child neglect against Desiree Dominic Corder were dismissed Wednesday by an agreed order in Harrison County Magistrate Court.

— A sex offender registry charge against Daniel R. Rowan II, 35, of Clarksburg, has been dismissed in Harrison County Magistrate Court.