week of april 21, 2012 - april 27, 2012 victims rights...

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WEEK OF April 21, 2012 - April 27, 2012 Staff Report [email protected] POMEROY — Several county officials took part in the signing of a proclamation, on Friday, rec- ognizing April 22-28 as National Crime Victims Rights Week. Each year, 18.7 million Ameri- cans are directly harmed by crime each year, with crime affecting many more family members, friends, neighbors and co-work- ers. The proclamation not only rec- ognized Victims Rights Week, but reaffirmed Meigs County’s commitment to respect and en- force victims’ rights and address their needs during Crime Victims’ Rights Week and throughout the year. “We express our appreciation for those victims and crime sur- vivors who have turned personal tragedy into a motivating force to improve our response to victims of crime and build a more just community,” the proclamation stated. On Thursday evening, the Victims Rights Week Ceremony will be held at the Meigs County Courthouse. The ceremony will begin at 6 p.m. on the third floor of the courthouse, with informational community resource brochures being handed out beginning at 5:30 p.m. The event will be fund- ed by a grant through the Attor- ney General’s office. Meigs County was one of six counties in Ohio selected to re- ceive funds in support of the ob- servance of National Crime Vic- tims Rights Week being observed this week. Attorney General Mike DeW- ine’s office recently announced that he is continuing his support of Ohio’s crime victims by award- ing more than $10,000 in grant funding to six Ohio organizations. “Victims of crime need an in- credible amount of support as they recover from acts of violence,” said DeWine. “I hope that award- ing these grants will help promote awareness about the agencies in Ohio that are there to help.” Meigs County will receive $1,225. Other recipients are Stark County Prosecutor’s Office, Vic- tim/Witness Division, $2,000; Cleveland Rape Crisis Center, Cuyahoga County, $2,000; The Ohio Hispanic Coalition, Franklin County, $1,900; Warren County Prosecutor’s Office, $1,990; and Preble County Victim/Witness, $1,050 The grants are to be used to help fund special awareness pro- grams to honor crime victims and their families during National Crime Victims’ Rights Week. Last year, DeWine awarded these vic- tim advocate groups, along with dozens of others, more than $17.5 million in state and federal fund- ing as part of the State Victims Assistance Act and federal Vic- tims of Crime Act coordinated by the Crime Victim section of the Attorney General’s Office. DeWine is also hosting the “Two Days in May” conference on victim assistance on May 10 and 11 in Columbus. More informa- tion on this event is available on the Attorney General’s website. The best of the MHS band POMEROY — Being selected to perform in the District 17 Honors Band in a concert at Ohio Univer- sity is quite an honor. Seven members of the Meigs Marauder Band directed by Toney Dingess qualified following a rig- orous audition process where they demonstrated their skill in perfor- mance. The 84-piece band, composed of high school band members from 20 different Southeastern Ohio schools in District 17, presented a concert in Memorial Auditorium on the O.U. campus. The students qualifying for the honors band from Meigs High School were, from the left, front, Cassidy Hood and Jennifer Robin- son, second row, Shawnella Patter- son, Emma Perrin, and Carly Tay- lor; and back, Bobby Rice and Cody Brocket. Local events to mark National Day of Prayer Charlene Hoeflich choefl[email protected] POMEROY — Kickoff for Meigs County’s observance of the National Day of Prayer will be held at 3 p.m. on Sun- day with Christians circling the courthouse to pray for the wisdom of officials and the health of the county. “One Nation Under God” is the theme of the five-day non- denominational observance which is being planned by a committee of representatives from many churches in the county with Brenda Barnhart as chairman. Immediately following the kickoff at the courthouse, reading of the scriptures will begin from the parking lot stage and continue to 10 p.m. On Monday, April 30, and Tuesday and Wednesday, May 1 and 2, Bible reading sessions will begin at 8 a.m. and continue to 10 a.m. by volunteers representing many churches of the county. Again this year, a prayer path is being developed along the riverfront walking path. The path will be marked with signs concerning issues and people for whom to pray. The signs will go up on April 29 and remain in place through May 3 when the observance officially closes. On the final day of the ob- servance, the National Day of Prayer service will be held in front of the courthouse from 11:30 a.m. to 12:30 p.m. Hun- dreds of people from across the county have tradition- ally gathered to listen to the speakers, hear the music, pray and do a balloon launch. That will be followed by a parking lot gathering with prayers from 1:30 to 2:30 p.m. by Meigs County pas- tors from a boat docked at the Pomeroy levee. It has been suggested by the committee that those attending the Na- tional Day of Prayer service on the courthouse steps bring a picnic lunch to eat on the parking lot before the prayer service begins. The finale of the day will be a NDP (National Day of Prayer) youth night at 7 p.m. at the Mulberry Community Center. This year’s theme “One Nation Under God” is based on Psalm 33:12 which is a re- minder that “blessed is the na- tion whose God is the Lord.” “The American people continue to be plagued with challenges that defy simple answers, and our hope lies in humbly seeking the Al- mighty’s guidance, protec- tion and blessing, not only on National Day of Prayer, but throughout the year,” said the national chairman Shirley Dobson, wife of Focus on the Family founder, Dr. James Dobson. This the 61st annual obser- vance of the National Day of Prayer. Federal funds available for clean-up from 2011 spring storm Staff Report [email protected] POMEROY — More funding has been allocated for work pro- grams in Meigs and Gallia Counties conducted under the direc- tion of the Department of Jobs and Family Services over the past several months. The U.S. Department of Labor this week awarded a $7,733,360 National Emergency grant that will continue fund- ing approximately 700 temporary jobs for eligible dislocated workers in 15 counties to assist with ongoing cleanup and re- covery efforts following the severe storms and floods that struck southeastern Ohio between April 4 and May 15, 2011. Other counties in addition to Meigs and Gallia which will benefit from the new funding are Athens, Belmont, Guernsey, Hocking, Jack- son, Jefferson, Lawrence, Monroe, Morgan, Ross, Scioto, Vin- ton and Washington. “Southeastern Ohioans are still recovering from the damage inflicted by the severe storms and floods of the spring of 2011,” said Secretary of Labor Hilda L. Solis. “The additional federal funding announced today will provide much needed assistance so residents can rebuild their lives and communities and, at the same time, offer jobs to those in need of employment.” The counties being served under this grant are among those that the Federal Emergency Management Agency (FEMA) declared eligible for its Public Assistance Program on July 13, 2011. A National Emergency Grant was awarded on Aug. 8, 2011, for up to $16,233,360, with $3,500,000 released initially. An increment of $5 million was awarded in January 2012. Today’s third and final increment completes the total funds awarded. National Emergency Grants are part of the secretary of labor’s discretionary fund and are awarded based on a state’s ability to meet specific guidelines. For more information, visit http:// www.doleta.gov/NEG. BMV insurance requirments now for licensed drivers Charlene Hoeflich choefl[email protected] POMEROY — Did you know that you could have your license suspended, or even lose it altogether, if you drive or even own a licensed vehicle without in- surance on it? The Ohio Bureau of Mo- tor Vehicles and Jobs and Family Services have is- sued a flyer titled “Don’t lose your driver’s license because of an uninsured au- tomobile.” That flyer is now being distributed around the state by those two agen- cies. According to the flyer confusion over car insur- ance regulations causes thousands of Ohio resi- dents to have their licens- es suspended each year because they don’t have the proper insurance. It is often a significant issue for low income families who have a more difficult time affording the insur- ance. For that reason the informational fliers are being handed out through various methods, includ- ing being added to food boxes for low-income resi- dents. Emphasis of the flyer is to advise drivers that they must be insured, or if they cannot or do not provide proof of insurance when contacted by the BMV, they might have their license suspended. For more information regarding the documents required to prove a vehicle should be exempted from the insurance requirement call the BMV at 614-752- 7700 or visit the BMV’s website at Ohiobmv.com. Victims Rights Week commemorated by officials Sarah Hawley/photo Several Meigs County officials took part in the signing of a proclamation for National Victims Rights Week. Pictured are (front, left to right) Commis- sioner Michael Bartrum, Juvenile and Probate Judge L. Scott Powell, Com- missioner Tim Ihle, (second row) Prosecutor Colleen Williams, Victims As- sistance Director Theda Petrasko, (third row) Clerk of Courts Diane Lynch, Assistant Prosecutor Amanda Bizub-Franzmann, County Court Judge Steven Story, (back row) Victims Assistance Program employee Linda Taylor, Sgt. Dan Leonard, and Commissioner Tom Anderson. Submitted photo MHS District Honors Band members

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WEEK OF April 21, 2012 - April 27, 2012

T1T1

Staff [email protected]

POMEROY — Several county officials took part in the signing of a proclamation, on Friday, rec-ognizing April 22-28 as National Crime Victims Rights Week.

Each year, 18.7 million Ameri-cans are directly harmed by crime each year, with crime affecting many more family members, friends, neighbors and co-work-ers.

The proclamation not only rec-ognized Victims Rights Week, but reaffirmed Meigs County’s commitment to respect and en-force victims’ rights and address their needs during Crime Victims’ Rights Week and throughout the year.

“We express our appreciation for those victims and crime sur-vivors who have turned personal tragedy into a motivating force to improve our response to victims of crime and build a more just

community,” the proclamation stated.

On Thursday evening, the Victims Rights Week Ceremony will be held at the Meigs County Courthouse.

The ceremony will begin at 6 p.m. on the third floor of the courthouse, with informational community resource brochures being handed out beginning at 5:30 p.m. The event will be fund-ed by a grant through the Attor-ney General’s office.

Meigs County was one of six counties in Ohio selected to re-ceive funds in support of the ob-servance of National Crime Vic-tims Rights Week being observed this week.

Attorney General Mike DeW-ine’s office recently announced that he is continuing his support of Ohio’s crime victims by award-ing more than $10,000 in grant funding to six Ohio organizations.

“Victims of crime need an in-credible amount of support as they recover from acts of violence,”

said DeWine. “I hope that award-ing these grants will help promote awareness about the agencies in Ohio that are there to help.”

Meigs County will receive $1,225. Other recipients are Stark County Prosecutor’s Office, Vic-tim/Witness Division, $2,000; Cleveland Rape Crisis Center, Cuyahoga County, $2,000; The Ohio Hispanic Coalition, Franklin County, $1,900; Warren County Prosecutor’s Office, $1,990; and Preble County Victim/Witness, $1,050

The grants are to be used to help fund special awareness pro-grams to honor crime victims and their families during National Crime Victims’ Rights Week. Last year, DeWine awarded these vic-tim advocate groups, along with dozens of others, more than $17.5 million in state and federal fund-ing as part of the State Victims Assistance Act and federal Vic-tims of Crime Act coordinated by the Crime Victim section of the Attorney General’s Office.

DeWine is also hosting the “Two Days in May” conference on victim assistance on May 10 and

11 in Columbus. More informa-tion on this event is available on the Attorney General’s website.

The best of the MHS bandPOMEROY — Being selected to

perform in the District 17 Honors Band in a concert at Ohio Univer-sity is quite an honor.

Seven members of the Meigs Marauder Band directed by Toney Dingess qualified following a rig-orous audition process where they

demonstrated their skill in perfor-mance.

The 84-piece band, composed of high school band members from 20 different Southeastern Ohio schools in District 17, presented a concert in Memorial Auditorium on the O.U. campus.

The students qualifying for the honors band from Meigs High School were, from the left, front, Cassidy Hood and Jennifer Robin-son, second row, Shawnella Patter-son, Emma Perrin, and Carly Tay-lor; and back, Bobby Rice and Cody Brocket.

Local events to mark National Day of PrayerCharlene [email protected]

POMEROY — Kickoff for Meigs County’s observance of the National Day of Prayer will be held at 3 p.m. on Sun-day with Christians circling the courthouse to pray for the wisdom of officials and the health of the county.

“One Nation Under God” is the theme of the five-day non-denominational observance which is being planned by a committee of representatives from many churches in the county with Brenda Barnhart as chairman.

Immediately following the kickoff at the courthouse, reading of the scriptures will begin from the parking lot stage and continue to 10 p.m. On Monday, April 30, and Tuesday and Wednesday, May 1 and 2, Bible reading sessions will begin at 8 a.m. and continue to 10 a.m. by volunteers representing many churches of the county.

Again this year, a prayer path is being developed along the riverfront walking path. The path will be marked with signs concerning issues and people for whom to pray. The signs will go up on April 29 and remain in place through May 3 when the observance officially closes.

On the final day of the ob-servance, the National Day of Prayer service will be held in front of the courthouse from

11:30 a.m. to 12:30 p.m. Hun-dreds of people from across the county have tradition-ally gathered to listen to the speakers, hear the music, pray and do a balloon launch.

That will be followed by a parking lot gathering with prayers from 1:30 to 2:30 p.m. by Meigs County pas-tors from a boat docked at the Pomeroy levee. It has been suggested by the committee that those attending the Na-tional Day of Prayer service on the courthouse steps bring a picnic lunch to eat on the parking lot before the prayer service begins.

The finale of the day will be a NDP (National Day of Prayer) youth night at 7 p.m. at the Mulberry Community Center.

This year’s theme “One Nation Under God” is based on Psalm 33:12 which is a re-minder that “blessed is the na-tion whose God is the Lord.”

“The American people continue to be plagued with challenges that defy simple answers, and our hope lies in humbly seeking the Al-mighty’s guidance, protec-tion and blessing, not only on National Day of Prayer, but throughout the year,” said the national chairman Shirley Dobson, wife of Focus on the Family founder, Dr. James Dobson.

This the 61st annual obser-vance of the National Day of Prayer.

Federal funds available forclean-up from 2011 spring stormStaff [email protected]

POMEROY — More funding has been allocated for work pro-grams in Meigs and Gallia Counties conducted under the direc-tion of the Department of Jobs and Family Services over the past several months.

The U.S. Department of Labor this week awarded a $7,733,360 National Emergency grant that will continue fund-ing approximately 700 temporary jobs for eligible dislocated workers in 15 counties to assist with ongoing cleanup and re-covery efforts following the severe storms and floods that struck southeastern Ohio between April 4 and May 15, 2011. Other counties in addition to Meigs and Gallia which will benefit from the new funding are Athens, Belmont, Guernsey, Hocking, Jack-son, Jefferson, Lawrence, Monroe, Morgan, Ross, Scioto, Vin-ton and Washington.

“Southeastern Ohioans are still recovering from the damage inflicted by the severe storms and floods of the spring of 2011,” said Secretary of Labor Hilda L. Solis. “The additional federal funding announced today will provide much needed assistance so residents can rebuild their lives and communities and, at the same time, offer jobs to those in need of employment.”

The counties being served under this grant are among those that the Federal Emergency Management Agency (FEMA) declared eligible for its Public Assistance Program on July 13, 2011.

A National Emergency Grant was awarded on Aug. 8, 2011, for up to $16,233,360, with $3,500,000 released initially. An increment of $5 million was awarded in January 2012. Today’s third and final increment completes the total funds awarded.

National Emergency Grants are part of the secretary of labor’s discretionary fund and are awarded based on a state’s ability to meet specific guidelines. For more information, visit http://www.doleta.gov/NEG.

BMV insurance requirments now for licensed driversCharlene [email protected]

POMEROY — Did you

know that you could have your license suspended, or even lose it altogether, if you drive or even own a licensed vehicle without in-surance on it?

The Ohio Bureau of Mo-tor Vehicles and Jobs and Family Services have is-sued a flyer titled “Don’t

lose your driver’s license because of an uninsured au-tomobile.” That flyer is now being distributed around the state by those two agen-cies.

According to the flyer confusion over car insur-ance regulations causes thousands of Ohio resi-dents to have their licens-es suspended each year because they don’t have the proper insurance. It

is often a significant issue for low income families who have a more difficult time affording the insur-ance. For that reason the informational fliers are being handed out through various methods, includ-ing being added to food boxes for low-income resi-dents.

Emphasis of the flyer is to advise drivers that they must be insured, or if they

cannot or do not provide proof of insurance when contacted by the BMV, they might have their license suspended.

For more information regarding the documents required to prove a vehicle should be exempted from the insurance requirement call the BMV at 614-752-7700 or visit the BMV’s website at Ohiobmv.com.

Victims Rights Week commemorated by officials

Sarah Hawley/photoSeveral Meigs County officials took part in the signing of a proclamation for National Victims Rights Week. Pictured are (front, left to right) Commis-sioner Michael Bartrum, Juvenile and Probate Judge L. Scott Powell, Com-missioner Tim Ihle, (second row) Prosecutor Colleen Williams, Victims As-sistance Director Theda Petrasko, (third row) Clerk of Courts Diane Lynch, Assistant Prosecutor Amanda Bizub-Franzmann, County Court Judge Steven Story, (back row) Victims Assistance Program employee Linda Taylor, Sgt. Dan Leonard, and Commissioner Tom Anderson.

Submitted photoMHS District Honors Band members

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Page 2 Tri-County Marketplace April 21, 2012 - April 27, 2012

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ODOT observes Work Zone Safety Awareness WeekOhio fatal work zone crashes spike in 2011

Staff [email protected]

COLUMBUS — Each year, more than 32,000 people die in motor vehicle accidents in the United States, more than 500 of which occur in areas designed to protect lives — the work zone.

Despite signs, message boards, flashing lights, flaggers, safety barrels and barriers and other safety measures alerting motorists of a change in nor-mal driving patterns, there were more than 87,000 crashes in work zones in 2010, the latest figures provided by the Federal

Highway Administration.To make motorists more aware

of the dangers of being inattentive — especially in safe zones — the 2012 National Work Zone Aware-ness Week will be observed April 23-27.

In Ohio, fatal work zone crashes rose 70 percent from 2010 to 2011, and as a result, Ohio Department of Transportation (ODOT) Direc-tor Jerry Wray reminds motorists to drive smart and “Don’t Bar-rel through Work Zones” as part of Work Zone Safety Awareness Week.

“Reducing fatal crashes in work zones begins with motorists,”

said Wray. “The consequences for driving carelessly, especially in work zones, can be deadly for both drivers and workers.”

A 10-year analysis of work zone crashes in Ohio revealed fatal crashes in work zones have de-creased until recently. The study showed a seventy percent jump in fatal work zone crashes from 10 in 2010 to 17 in 2011.

Further analysis shows of the more than 5,000 work zone crash-es annually on Ohio roads, 33 percent are from drivers following too closely. Data also shows that most crashes occur during day-light hours in dry conditions.

In rural Gallia and Meigs coun-ties, there are fewer work zones, and those that are in place are of-ten in less congested and slower areas. Still, from 2005-2011, Gallia County statistics show one work zone fatality, 16 injury crashes and 55 work zone crashes, in all. For the same time frame in Meigs County, there was one work zone fatality, seven injury crashes and 20 total work zone crashes.

In a speech last week to media and transportation officials at the I-71/670 interchange project in Columbus, Wray remarked, “Al-though ODOT continues to use new ways to improve work zone

safety, the statistics are clear; motorist error is the number one cause of work zone crashes. If drivers give their full attention, obey reduced speed limits and don’t tailgate, we can make work zones safer for everyone.”

In recent years the department has been working to make work zones safer by increasing visibility of vehicles, making near real-time safety enhancements to existing work zones and improving work zone access for heavy equipment.

“We can’t do it alone. Safety is everyone’s business,” said Wray. “Remember, ‘Don’t Barrel through Work Zones.’”

Amber Gillenwater/photosThose attending this year’s Ohio Valley Expo were welcome to explore the entire BHCC campus and visit the many secondary and post-secondary career-technical programs offered at the ca-reer center. A popular place to visit this weekend was the cosmetology lab, where those inter-ested could receive manicures, facials and/or hair styling by the cosmetology students and staff.

Amber Gillenwater/photosDespite the cold weather this weekend, hundreds turned out for the 2012 Buckeye Hills Ohio Valley Expo held on the campus of Buckeye Hills Ca-reer Center in Rio Grande. In addition to several outdoor activities held throughout the weekend, visitors could hud-dle indoors to warm up, listen to live music or browse ven-dor displays and craft booths located in the career center’s silver building.

Ohio ValleyExpo draws crowd

Online at:mydailytribune.com

Bidwell man waives right to speedy murder trialAmber [email protected]

GALLIPOLIS — A waiver of speedy trial limits was recently entered in a case against a Gallia County man accused of murder.

Lee Hawkins, 48, Bidwell, voluntarily waived his right to a speedy trial dur-ing a hearing on Thursday in the Gallia County Common Pleas Court.

Hawkins was charged with aggra-vated murder, murder, tampering with evidence and abuse of a corpse follow-ing the death of Betsy Ball, 67, Morgan Township, on February 29. He pleaded not guilty to these charged during a hearing last month.

Hawkins was arrested on March 13 following an investigation into the death of Ball who was reported missing during the early morning hours of March 1.

The victim’s remains were later found near the Village of Vinton and approxi-mately five miles from her residence on Wilder Road.

Preliminary autopsy results prepared by the Gallia County Coroner indicate that Ball expired as a result of strangula-tion.

Hawkins was reportedly a farm work-er who had been employed by the Balls at their family farm.

According to the Ohio Revised Code, a person charged with a felony shall be brought to trial within 270 days of that person’s arrest; however, each day dur-ing which the accused is held in jail on the pending charge is counted as three days toward the trial date. In the case against Hawkins, this schedule equates to a total of 90 days for the accused to be brought to trial.

Due to Hawkins voluntary waiver of his speedy trial limits, the case will ex-tend beyond this 90 day trial schedule. Hawkins was originally scheduled to ap-pear in court for a jury trial on May 15.

Following the hearing held on Thurs-day, a pretrial settlement conference was held in this case and the state reported to defense counsel that “discovery would be supplemented as DNA results and supplemental report from the Montgom-ery Co. Coroner are received.”

The entry further states that the pros-ecution and defense counsel will meet again and report to the court any devel-opments that could affect scheduling af-ter the defendant’s counsel files motions to continue the negotiated plea deadline and trial date with the clerk of courts.

The defendant is currently being held in the Gallia County Jail under a $1 mil-lion, 10 percent bond. Hawkins is being represented by defense attorney Barbara A. Wallen in this case.

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Tri-County Marketplace Page 3April 21, 2012 - April 27, 2012

T3T3

Principal’s case bound over to grand jurySupporters, protesters make voices heard

Beth [email protected]

POINT PLEASANT — Prob-able cause has been found in the case of a Point Pleasant Interme-diate School principal accused of felony child abuse with the case now bound over to a grand jury after a contentious preliminary hearing Monday morning.

Principal Cameron Moffett ar-rived at the Mason County Court-house Monday morning for that preliminary hearing looking very calm and collected — very un-like the media image which has portrayed him as some sort of ty-rant on a school bus. Moffett was greeted outside Mason County Magistrate Court to applause from staff from Mason County Schools which had showed up in force to show him support. How-ever, also at the courthouse were family members and supporters of 11-year old student Zachary Plants. Plants was in the building but kept away from the commo-tion and out of view.

Those permitted in Magistrate Court were limited to witnesses, family, media and counsel. While in the smaller magistrate court-room, Moffett was served by a representative of the Plants’ fam-ily attorney, presumably regarding the civil suit which has been filed against Moffett and Mason Coun-ty Schools in U.S. District Court. The representative indicated he was also in town to serve Mason County Schools Superintendent Suzanne Dickens though Dickens did not appear to be at the hear-ing, at least not in the magistrate courtroom.

With well over 100 people showing up for the proceedings, Mason County Magistrate Gail Roush made the decision to move the hearing into the much larger accommodations of the circuit court courtroom. After concerns over the recording system were

worked out and after running ev-eryone in the substantial crowd through the metal detector, the preliminary hearing finally got un-der way with Assistant Prosecut-ing Attorney Sherry Eling bring-ing out her first witness.

Jamie Cochran, the bus driver who was assigned to the bus on which the incident took place, took the stand. Eling asked if Co-chran had seen the video of the incident to which Cochran said she’d seen the whole video in its entirety shortly before taking the stand, adding she had previously seen edited versions of the video on the Internet. Eling then asked if the video represented the events as she remembered them that day to which Cochran said yes. El-ing then played the video in the courtroom which got a visible, visceral reaction from the boy’s family with many breaking down in tears. When questioned fur-ther about the incident, Cochran agreed with Eling that it appeared Moffett did roll Plants, who was described as throwing a “fit” at this time, down the aisle but Co-chran also said he did not roll the boy off the bus, saying she saw Plants walk off the bus under his own power and was not pushed or shoved by Moffett.

Jim Lees, attorney for Mof-fett, asked Cochran if the student had been asked multiple times to move from his seat on the bus and refused. Cochran said he had, but she didn’t know why he didn’t want to move and when asked about the student’s history, Co-chran said she had no prior knowl-edge of it.

At this point, Eling objected to Lees’ attempts to bring up the student’s history with Magistrate Roush sustaining her argument. This ruling caused an audible grumble from some in the court-room with Magistrate Roush mo-mentarily halting the hearing to restore order.

Cochran said once Plants was off the bus, she witnessed Moffett restraining the upset boy on the ground. Lees then asked Cochran if she would agree this whole situ-ation which occurred outside the bus lasted around 20-30 seconds in length — she agreed. Lees fur-ther asked if she saw Moffett do anything to intentionally harm the student, such as pushing, shoving or striking, to which Co-chran said no. Eling then followed up with Cochran, going to what she felt was a relevant point in the video — the point where Moffett actually physically touches Plants and therefore, as Eling argued, es-tablishes Plants was moved from a seat and into the aisle because Moffett physically put him there.

At this point, the prosecution rested with Lees bringing out his first witness — Elizabeth Kapp, a fifth grade teacher at PPIS. Kapp was on the bus that day with Co-chran, preparing the students to depart for an event at the Na-tional Guard Armory. Kapp’s bus was apparently one of four loaded with students who were all wait-ing on the order to depart. Kapp said while getting ready to de-part, both she and Cochran tried to convince Plants to move with-out success. Kapp said Plants was allowed to bring his MP3 player with him and that apparently a piece had fallen off the player. She added he appeared “agitated” and “frustrated” and did not acknowl-edge her as she was speaking to him. When asked by Eling if other students had shoved Plants out of his seat, indicating this was perhaps a reason for his agita-tion, Kapp said she didn’t see it. Kapp said when both she and the bus driver could not get Plants to obey, the protocol was to call for the principal.

The video Eling played shows Moffett did get on the bus, asked Plants to come to him twice but with no success. Moffett then

went to talk to Plants, with Kapp saying she did not know what was said between Moffett and Plants at that time. Kapp said when Mof-fett asked her to clear the bus of the students in front of he and Plants, she did and was standing outside the bus when Plants and Moffett later appeared. Lees ear-lier argued Moffett cleared the front of the bus to protect the other students. Kapp says she witnessed Plants walk out of the bus on his own and then throw himself on the ground into a fit. Kapp said, in her opinion, Mof-fett then restrained Plants to keep him from injuring himself. Lees asked Kapp about the 20-30 sec-onds of Moffett restraining Plants and if Plants calmed down. Kapp agreed on Lees’ timeframe and that Plants did calm down.

Lees then called Annette Cook, another teacher at PPIS who was standing outside the bus Moffett and Plants exited on that day. Cook said she saw Plants walk off the bus first and on his own. Cook said he continued to walk further and then dropped himself to the ground, kicking and screaming. She said she didn’t see what hap-pened after that because she’d got-ten onto her bus with her kids to supervise them at the time. Lees asked if she’d given her statement to the Point Pleasant Police De-partment which is investigating the case to which she replied she did. However, Cook accused the department of dismissing her statement and questioning what she said she saw.

During closing arguments, Lees said the statute for felony child abuse in West Virginia says physi-cal injury must have been shown by other than accidental means — arguing the state had no evi-dence to support this charge. El-ing disagreed saying Lees was not interpreting the statute correctly, arguing that it applies to any per-son who abuses a child or creates

a substantial risk of bodily injury.Also during a contentious clos-

ing, Lees was upset he could not get into the child’s background who he often referred to as “un-ruly,” asking whether or not Mof-fett was supposed to stand around and wait to “get kicked in the balls” by this “unruly” child who at one point had his feet at Mof-fett’s groin in the video. Lees then asked if teachers now had to call 9-1-1 or other law enforcement to get an “unruly” child off the bus.

“There has to be physical injury and intent,” Lees argued, saying those two crucial elements were not present in this case.

Shortly after, Magistrate Roush announced her decision to audible reactions which included clapping from the supporters of the Plants family and booing from those who were there to support Moffett — this display was quickly silenced by a deputy with the Mason Coun-ty Sheriff’s Department who then cleared the courtroom.

Immediately after the hearing, Lees spoke to the press saying Moffett should’ve handled the situation exactly how he handled it. Lees also said he believes the background of the child “is rel-evant in this case, but this magis-trate didn’t rule that way.”

Outside, after the ruling, sup-porters of the Plants family stood on the corner of Sixth and Viand Streets with signs. One of these supporters was Plants’ aunt, Beth-any Vance, who said the family was pleased with the ruling and that, “he’s (Zachary) a good boy … he doesn’t deserve this.”

Once the courthouse had cleared, Zachary was led across the parking lot, a jacket over his face with family flanking him until he was placed in a pickup truck, ending another day in a series of days which has seemed to divide an entire community.

BLONDIE Dean Young/Denis Lebrun

BEETLE BAILEY Mort Walker

HAGAR THE HORRIBLE Chris Browne

HI & LOIS Brian and Greg Walker

FUNKY WINKERBEAN Tom Batiuk

MUTTS Patrick McDonnell

THE FAMILY CIRCUS Bil Keane

DENNIS THE MENACE Hank Ketchum

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CONCEPTIS SUDOKUby Dave Green

Friday, april 27, 2012 ComiCs/EntErtainmEnt

Today’s Answers

HAPPY BIRTHDAY for Friday, April 27, 2012:

This year you’ll skip over confu-sion through a desire to really see the facts. Misunderstandings will become less common if you are willing to confirm the conversation, interaction or plans. You’ll empower yourself through this clarification, and others will respond in a most enthusiastic manner. If you are single, you could meet someone significant at any given moment. In fact, you might have two opportunities to encounter a potential sweetie. If you are attached, your relationship benefits from your clarity and optimism. Let the warmth evolve between you. CANCER accepts you as you are.

The Stars Show the Kind of Day You’ll Have: 5-Dynamic; 4-Positive; 3-Average; 2-So-so; 1-Difficult

ARIES (March 21-April 19) HHHH Confusion earmarks a

personal matter. You are able to sort fact from fiction with relative ease. An investment involving your home and/or your finances might be necessary. Check out your options carefully. Tonight: Home is where the heart is.

TAURUS (April 20-May 20) HHHH Keep asking, if you do not

get your question answered. You’ll need to choose different words or a different entry point. Your ability to solve problems emerges. Positive thinking emanates from you and will draw strong results. Tonight: Visit with friends over munchies.

GEMINI (May 21-June 20) HHH Your instincts guide you with

your finances. Your ability to move past issues earmarks your interac-tions. When someone is as confident as you are, flubbing up becomes less likely. Listen to an offer, but you might not want to commit just yet. Tonight: Count your change. Be careful.

CANCER (June 21-July 22) HHHHH You can overcome nearly

any obstacle. Your instincts will point you to the correct action or decision. Sort through mixed messages with a little skepticism, and you will know what to do. Tonight: You are the lead actor.

LEO (July 23-Aug. 22) HHH Observe everything you

want. Make judgments if you like, but still be discreet at this point. Follow your instincts with regard to a respected figure in your life. This per-son will be more than pleased by your actions. Tonight: Not to be found.

VIRGO (Aug. 23-Sept. 22) HHHH Friends surround you. Even

people you consider to be acquain-tances will demonstrate unusual understanding and support. Seek out an expert or someone who knows more than you when trying to make a decision. Tonight: Only where people are.

LIBRA (Sept. 23-Oct. 22) HHHH Everyone asks for your

support or opinion. Opportunities emerge from out of the blue, but you might not want to jump on the band-wagon just yet. Discuss an important financial matter or someone’s involve-ment in an important matter. Tonight: A force to behold.

SCORPIO (Oct. 23-Nov. 21) HHHH Keep seeking out more

information. You actually might have to visit a loved one to gain the per-spective you seek. Someone close to you demonstrates a great deal of caring. You do not need to say or do anything. Tonight: An odd invitation or idea works.

SAGITTARIUS (Nov. 22-Dec. 21) HHHH Someone you associate

with clearly knows what he or she wants. Figure out a way that you both can have what you want. Your ability to move past complications is enhanced. Use some of your excess energy or stress to start exercising more. Tonight: With someone special.

CAPRICORN (Dec. 22-Jan. 19) HHHH Defer to others, and recog-

nize that everyone needs his or her time in the limelight. You can afford not to be on center stage all the time. Free up your schedule for an inspiring brainstorming session or other cre-ative venture. Tonight: Let the week-end start in style.

AQUARIUS (Jan. 20-Feb. 18)HHHH You might be hard-pressed

to stick to routine, which is not your strong suit anyway. Others seem to tap into your knowledge or seek out your opinion. Screen your calls if you want to follow your schedule. Tonight: Do what you must.

PISCES (Feb. 19-March 20) HHH You are able to move past

a problem quickly, as long as you use your imagination as a resource. You are easily able to draw out oth-ers, especially one person who could be unusually tense. You might want to continue this conversation later. Tonight: Add some spice to your life.

Jacqueline Bigar is on the Internetat www.jacquelinebigar.com.

zITS Jerry Scott and Jim Borgman

Jacquelene Bigar’s Horoscope

THE LOCKHORNS William Hoest

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April 21, 2012 - April 27, 2012Page 4 Tri-County Marketplace

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