BUCKHANNON -- Upshur County sheriff's deputies arrested a man, Tuesday, on three felony charges.
Clifford Moore, 53, of Adrian, is facing one count of third-degree sexual abuse and two counts of incest, deputies said.
He was arraigned in Upshur County Magistrate Court Tuesday afternoon.
Moore is being held in the Tygart Valley Regional Jail on $120,000 bond
CHARLESTON, W.Va.--It has been nearly five months since Phyllis Jean Phares, 82, was found dead in her West Side home.
The 14-year-old boy police arrested in her death still waits to see whether he will be prosecuted as an adult.
Five of his family members remain behind bars on various charges filed in the days after Phares' death, unable to post bonds or meet other terms set for their release.
Lawyers for two family members, both court-appointed, believe their clients' bonds are too high.
"Twenty-five thousand dollars cash... she'll never be able to make that," said Ed Bullman, a Charleston lawyer representing Trina Mallo, 27, who was charged with child neglect resulting in injury. "It might as well be a million." 
Trina Mallo
Trina's two children, ages 6 and 7, are in the custody of state Child Protective Services. She and her parents were charged with child neglect in the days after Phares' murder and after Trina's brother Thomas Mallo, 14, had been charged in the slaying.
Officials who entered the Mallo home found it to be in deplorable and dangerous condition for the children.
Bullman said he filed a motion Sept. 24 for Trina's bond to be reduced, but Kanawha Circuit Judge Jennifer Bailey denied his request. He said the judge did not give a reason for her ruling.
He said his client is waiting for Trina's case to be sent to the grand jury. That panel will decide whether to proceed with the charges.
Her mother, Carolyn Mallo, 55, also charged with child neglect, is in the same situation. 
Carolyn Mallo
Matthew Victor, Carolyn's court-appointed attorney, said proceedings against his client are in a holding pattern.
Victor said he has been trying to get Carolyn out of jail since he was appointed but says he has been thwarted at every pass.
Her bond, initially set at $25,000 cash, was reduced to $15,000 property or 10 percent cash. It also carries the stipulation that she be placed on home confinement upon release.
Victor said Kanawha Circuit Judge Tod Kaufman imposed the stipulation of home confinement but has yet to respond to the lawyer's queries as to the reasons.
Victor said he has not been told whether the home of a relative suggested as a place for Carolyn to serve her home confinement had been approved or denied by home confinement officers.
"What difference does it make if she goes to a halfway house, to Sojourners' or to a relative's?" Victor said. "She's not a flight risk. Where would she go?"
At a July bond reduction hearing, Victor told Kaufman the woman wasn't doing well at South Central. Her false teeth were stolen, he said, and she was suffering from a number of health issues including high blood pressure, short-term memory loss, back and shoulder problems, difficulty walking and asthma.
He said this week that Carolyn was "doing as well as somebody her age and with her health problems could be doing in jail."
Victor said he is disappointed the state is taking so long to move forward on the case.
"Based on my knowledge, the state's investigation is complete and has been for several months," he said. "We're in a holding pattern until there is either an indictment or they cut her loose."
Both Bullman and Victor said they expect their clients' cases to be brought before a grand jury before the end of the court term in January.
Kanawha County Prosecutor Mark Plants said the Mallo family members in custody had bonds set "just like any other offender."
Bill Lester is representing Thomas' brother, Alexandrio "Mikey" Mallo, 23, who was charged with sexually abusing his 7-year-old nephew and is being held on a bond of $25,000 property only. Lester could not be reached. 
Alexandrio "Mikey" Mallo
An attorney for Alexander Doran, 67, who is being held on a $25,000 cash-only bond, could not immediately be located.
Alexander Doran
Charles Hamilton, who is representing another brother, Farris Mallo, 30, declined to comment. Farris' bond was reduced to $25,000 property but carries the stipulation that he be placed in home confinement.
Farris Mallo
Plants said his office is still pushing for the transfer of the 14-year-old boy charged in the incident to adult status.
While officials can't name the boy while he retains juvenile status, neighbors identified him after his arrest in Phares' death as Thomas Mallo. His name also has been revealed in family members' public court proceedings.
Plants said, "This is still an ongoing investigation, and we're moving forward with the prosecution, but because he's a juvenile I can't get into any details as to where we are. Juveniles are entitled to just the same, if not more, rights than adults."
Plants said he couldn't comment on the reason for the delay but said the case still is being investigated.
Police made short work of the initial investigation, throwing every available detective at the case.
Phares' body was found in her home on the evening of Sunday, June 14.
Eight members of the Mallo family apparently lived in the small blue house across the street from Phares on Frame Street on Charleston's West Side.
The first to be arrested after the elderly woman's death was Alexandrio. He was arrested two days after Phares' body was found and charged with sexually abusing his 7-year-old nephew. Police said the allegations came from the boy's mother, Trina.
On Wednesday, June 17, Thomas was taken into custody. Police said the juvenile had been charged with the elderly woman's slaying.
The next day, his parents and older sister were arrested and charged with felony child neglect resulting in injury after officials reviewed conditions inside the Mallo home. Trina's two children also lived in the home.
By the end of the week, Farris had been arrested. He was accused of breaking into his ex-wife's home on at least three occasions and raping her. The woman said he had broken into her home and assaulted her the morning of June 14, just hours before Phares' body was found.
LOGAN -- A wanted sex offender from Ohio is arrested in West Virginia early Saturday morning.
The U.S. Fugitive Task Force arrested John Walker at a home in Logan after a brief struggle. Walker was wanted for parole violations following charges of sexual battery, as well as failing to register as a Sex offender.
Walker is facing additional Sex Offender Registry charges here in the mountain state.
CLARKSBURG — The state wants to use alleged evidence of flight in the case of a man charged with 10 sex-related counts against a pre-teen girl, but the defense will contest it.
Harrison Assistant Prosecutor Stephanie Concodora recently asked the court to set a hearing to determine whether the alleged evidence can be presented to jurors in the trial of Thomas A. Jenkins II. The trial is scheduled to start the week of Dec. 7.
“The State intends to use this evidence in its case in chief as evidence of the defendant’s guilty conscience or knowledge,” Concodora wrote in a motion to Judge John Lewis Marks Jr.
“The ... actions of the defendant show a desire to escape to avoid prosecution due to a guilty conscience,” she wrote. “Consequently, such evidence is more probative than prejudicial. Although the defendant was not in custody of a state agent at the time of the alleged flight, he was being actively pursued by law enforcement and was aware of the charges pending against him.”
Attorney Keith Skeen is representing Jenkins, 38, of Clarksburg. Skeen said he would oppose any attempt to introduce alleged flight evidence.
“Our position will be that (Jenkins) left before he was charged with any crime,” Skeen said Tuesday. “He wasn’t charged with anything, he wasn’t on bond, he was free to go wherever he wanted to go. And he certainly wasn’t fleeing from any authorities or prosecution.”
Concodora’s motion lays out an alleged timeline of events.
According to the court filing, Clarksburg Detective Pfc. Dave Wygal was notified Feb. 14 of alleged sexual abuse of the girl.
The detective interviewed the youth Feb. 17, “at which time (she) disclosed multiple incidents of sexual abuse committed by the Defendant,” Concodora wrote.
After the interview that day, Wygal went to the police department where Jenkins “was being processed for an unrelated misdemeanor case,” Concodora wrote.
“Detective Wygal informed the Defendant of his rights using a Clarksburg Police Department Interview and Miranda Rights form and informed the Defendant of the sexual abuse allegations,” Concodora wrote.
“The Defendant denied the accusations and refused to give a further statement to Detective Wygal; however, the Defendant did agree to obtain an attorney and be reinterviewed at a later date,” Concodora wrote.
A day later, attorney Betsy Griffith then contacted Wygal on behalf of Jenkins and an interview was scheduled for 11 a.m. March 18, Concodora wrote.
“On March 18 ... the Defendant missed the appointment and Ms. Griffith contacted Detective Wygal to reschedule,” Concodora wrote. “Later that day, Detective Wygal obtained arrest warrants for the Defendant at his mother’s house where he was reportedly staying. When the Defendant could not be located at his mother’s house or through his wife ... Detective Wygal contacted the U.S. Marshals Service for assistance.”
Jenkins was located by marshals several weeks later in Fort Myers, Fla., and the defendant waived extradition from Florida on May 8, according to Concodora.
Jenkins was returned to West Virginia on May 26 and remains jailed on $550,000 bond.
If convicted of all or some of the charges, Jenkins could spend the rest of his life in prison.
PINEVILLE, W.Va. - A former Wyoming County school bus driver has been convicted of sexually abusing a 16-year-old female student.
Robert Junior Thomas of Wyoming faces 10 to 20 years in prison. A sentencing date hasn't been set.
The 46-year-old Thomas was convicted Wednesday in Wyoming County Circuit Court of sexual abuse by a parent, guardian or custodian.
Prosecutors say the victim was a student in the summer school program, where Thomas worked as a bus driver.
A Wyoming County school bus driver is on trial for sexually abusing a 16-year-old student. Robert Junior Thomas is charged with sexual abuse by a parent guardian or custodian.
The incident happened in July 2007 during summer school in Wyoming County. Jody Mullins, the alleged victim's mother, says her daughter is still having trouble dealing with what happened: "" It's been very difficult. We wake up with my child screaming, crying. Yes, I just want everybody to be aware of who this gentleman is so if he comes in contact with them to be scared and watch him. "
Thomas maintains he's innocent. The trial got underway Monday afternoon after several hours of jury selection.
CHARLESTON, W.Va. -- A Belle man will serve three years on probation and 10 years more on supervision for sexually molesting his five-year-old niece.
Johnny Allen Derrix Jr., 20, told Kanawha Circuit Court Judge Paul Zakaib Monday, "I'm sorry for what I done."
The victim's mother, who is Derrix's half sister, told the judge she didn't want to see the man go to prison but thought time at a correctional center for youthful offenders that included treatment would be appropriate.
"Everybody is a loser in this situation," she said. "But I don't want my brother to go to prison."
Zakaib did order Derrix to undergo outpatient treatment for sexual offenders, although he said a pre-sentence investigation by the probation department indicated he was a low risk for another offense.
"He has no criminal history prior to this," Zakaib said at Derrix's sentencing hearing. "Normally I'm pretty harsh on this type of sentence.
"But because of his character and the circumstances, I'm going to sentence him to probation."
Derrix's court-appointed defense attorney, Barbara Brown, told the judge her client had admitted his guilt and was remorseful.
"He was 18 at the time of the offense -- he was in high school," Brown said. "He was in special education classes and he has a borderline IQ. So he may not have the skills to express his remorse for what he did.
"What I think is key is his concern for the little girl," Brown told Zakaib. "He told a psychologist he was ashamed and embarrassed for what he did."
Derrix was charged with first-degree sexual assault and sexual abuse by a parent, guardian or custodian, both felonies. State Police took him into custody in October 2007 after the girl's mother filed a complaint.
He pleaded guilty in September, admitting he forced the girl to perform several sex acts, including oral sex on him.
In exchange for his guilty plea, prosecutors agreed to stand silent at his sentencing and not request a specific sentence.
As part of his probation, Derrix is not allowed to reside with or have any relationship with any minor children. He cannot conduct any business within 1,000 feet of any residence with minor children and can possess no photographic, video or computer images of minor children.
Kanawha Circuit judges have varied widely in handing out sentences recently to convicted sexual abusers:
* In December 2008, Judge Jennifer Bailey sentenced William Ivan Murphy, 31, to 30 to 90 years in prison for sexually abusing his 7-year-old niece.
* In June, Judge Tod Kaufman sentenced Christopher Lee Proctor, 26, of Rand to 15 to 45 years in prison for sexually abusing his girlfriend's 3-year-old daughter.
* In September, Judge Louis "Duke" Bloom sent former Capital High computer technician Casey Casto, 24, to prison for 11 to 25 years for having sex with a 15-year-old student.
* Last month, Zakaib sentenced James Ellis Spuduck, 34, of Nitro to 10 to 20 years in prison for molesting an 8-year-old girl.
A man accused of killing a fellow inmate at the Preston County Jail in 2005 will stand trial next year.
Leonard Wotring III has pleaded not guilty in the first-degree murder of Timothy Daft, of Independence, who had been in the Kingwood jail on charges of sexually abusing a toddler.
Wotring was indicted last week, and his trial is set for Jan. 12.
He is now an inmate at the Mount Olive Correctional Center, serving 3-15 years for the attempted murder of his grandfather.
Daft's family has filed a wrongful death lawsuit, claiming Daft was attacked by Wotring and other inmates. It claims then-Sheriff Ron Crites knew about the attack and did nothing, then concealed information from Daft's family.
The death was initially labeled a suicide.
Perry Lee Smearman II, 29, of Charleston, was sentenced to one to five years for failing to register as a sex offender.
Smearman served two and a half years for a 1999 conviction for first-degree sexual abuse against a young, female family member.
Rodney Lee Hypes Sr., 48, of Summersville, received a two-to-10 year sentence for his August conviction for operating or attempting to operate a clandestine drug laboratory.
KEYSER, W.Va. - A co-owner of the Smoke Hole Resort near Petersburg was sentenced to two to 10 years in prison and fined $20,000 on Oct. 21 in Mineral County Circuit Court by Judge Phil Jordan.
Jerry Lee Hedrick, 60, was sentenced on two felony charges of first-degree sexual abuse after being convicted of the offenses in a jury trial in Mineral County Circuit Court last May.
Jordan sentenced Hedrick to one to five years on each count with the sentences to be served consecutively. In addition, the judge ordered Hedrick to be registered under strict supervision as a sex offender for the next 25 years.
The victim, a single mother in her 20s, had been employed as a housekeeper at the resort when she was sexually assaulted by Hedrick. The incident occurred in July 2007 when the victim had been employed there for less than a week. Hedrick reportedly tried to force himself on her, grabbing her breast and buttocks in the process. The victim left the hotel and never returned.
Hedrick was indicted by a Grant County grand jury on July 8, 2008.
The case was prosecuted by Grant County Prosecuting Attorney Dennis DiBennedeto and eventually moved to Mineral County after the court granted a change of venue request. Hedrick was represented by Elkins attorney Stephen Jory.
According to court documents, the probation officer who conducted the pre-sentencing investigation recommended the maximum sentence.
At the conclusion of the hour-long hearing, Jordan said, "Mr. Hedrick, you may be a millionaire, but you are morally bankrupt." Hedrick was then taken into custody by the court for transport to the Potomac Highlands Regional Jail to await transfer to a state penitentiary to begin serving his sentence.
MARTINSBURG - A former eighth-grade Musselman Middle School teacher charged earlier this year for allegedly engaging in sexual misconduct with a 14-year-old student was indicted Wednesday by a Berkeley County grand jury.
Stephanie Jo Walters, 28, of Grindstone Drive, Hedgesville, was officially indicted on one count of sexual abuse by a person in a position of trust, third-degree sexual abuse and solicitation of a minor through use of a computer.
Walters was placed on administrative leave in April and later terminated as a result of the case. She had been employed as a teacher at the school for five years until her termination.
The case was investigated by Sgt. B.F. Hall of the Berkeley County Sheriff's Department's criminal investigations division.
According to court records, the investigation came about after an uninvolved student learned that the 14-year-old male student and Walters were sending one another text messages, leading school officials to believe there was an inappropriate relationship.
Walters allegedly began confiding in a female student about two weeks before she was charged, telling the student that she and the male student made out and she had let him touch her breasts and kiss her.
Records show the male student obtained Walters' phone number at a basketball game in December 2008. The student allegedly said in February that he began receiving texts that were sexual in nature from Walters. The juvenile said Walters sent text messages to him telling him about things she wanted to do to him sexually. The victim also received messages from Walters on his MySpace Internet page, records show.
On April 3, Walters allegedly approached the student and led him to a janitor's closet in the school. The victim stated that they kissed and she allowed him to touch her breasts. According to the complaint, the student did not put his hands under her shirt, and he said Walters touched his chest and arms while they kissed.
Walters remains free on bail while awaiting future court proceedings.
Indictments are merely formal statements of charges and are not evidence of guilt. Those indicted should be considered innocent unless proven guilty in a court of law.
RIPLEY - A fugitive from justice in Jackson County was apprehended in Tennessee and returned.
Telly Sylvester Larry, 29, in custody at the South Central Regional Jail, South Charleston, had been wanted since he was indicted by a Jackson County grand jury in November 2008 and failed to appear for his arraignment.
Larry was indicted on three counts of first-degree sexual assault, one count of first-degree sexual abuse and four courts of sexual abuse by a person in a position of trust.
According to court records, the crimes allegedly took place between June and December 2007 and the victim was a 7-year-old girl. Jackson County sheriff's Sgt. Jim Bare was the investigating officer.
Larry was placed on the National Crime Information Center database and was being sought with the assistance of the U.S. Marshals Service.
Larry was recently arrested in Nashville, Tenn., on an unrelated charge and a routine check of the NCIC alerted officers to the charges in Jackson County. He was extradited from Tennessee and returned to West Virginia Oct. 15 by a transport company and was lodged in the South Central Regional Jail to await arraignment.
A charge of failure to appear will be added to the charges against Larry, said Jackson County Chief Deputy B.W. Dewees.
An arraignment is set for 9 a.m. Oct. 28 in circuit court before Judge Thomas C. Evans.
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