Trial begins in Harrison County sex charges case

Ash has pleaded not guilty and is presumed innocent.

During his opening statement, Assistant Prosecutor Brad Pustolski said the evidence would show that Ash sexually assaulted a child on two different occasions during play with the child and other children.

Pustolski said the child’s statements would be bolstered by observations of professionals and family.

Defense attorney Alex Harclerode said the case is a “he-said, she-said” matter, and added that he doesn’t think a lot of the allegations will add up. Harclerode said that would require the jury to acquit his client.

If convicted, Ash could face a prison sentence of 35 to 120 years, lifetime sex offender registry to follow, and up to 50 years of supervised release whenever his initial sentence would conclude.

Harrison Chief Judge Christopher J. McCarthy is presiding.

Jury selection occurred in the morning, opening statements were held after lunch, and then the state began presenting evidence.

Also:

— Chief U.S. District Judge Thomas S. Kleeh has sentenced tax preparer Jack Lee Oliver, 56, of Rivesville, to 36 months in prison for the filing of false tax returns.

Kleeh also imposed a one-year sentence of supervised release, to begin after Oliver completes his prison term. The court ordered no fine, no restitution and no forfeiture.

Oliver was convicted of 26 counts at trial. The government dismissed six other counts.

The evidence at trial established that Oliver prepared tax returns for clients claiming business losses for non-existent businesses without the knowledge of the clients, according to the U.S. Attorney’s Office for Northern West Virginia.

Oliver also prepared returns for clients who did have businesses, but falsely inflated expenses to cause a business loss, again without the knowledge of the clients, according to the U.S. Attorney’s Office.

In both instances, his actions caused the clients to receive tax refunds to which they were not entitled. The evidence also demonstrated that Oliver, on his own tax returns, claimed the foster son of one of his clients resulting in thousands of dollars in refundable credits to which he was not entitled, according to the U.S. Attorney’s Office.

Assistant U.S. attorneys Jarod Douglas and Eleanor Hurney led the government’s case, which was investigated by the IRS.

Wheeling attorney Martin Sheehan represented Oliver.

— Robert Isaac Snell, 41, of Clarksburg, has waived his probable cause hearing before Harrison Magistrate Kevin Renzelli on a malicious assault charge.

Harrison Deputy D.K. Nuzum has accused Snell of stabbing another male on Christmas Eve.

The state’s case revolves around the allegation that Snell came by the home and found Snell’s ex-girlfriend together with another male, and Snell then stabbed the other male out of jealousy.

Snell, who has pleaded not guilty and is presumed innocent, insists he acted in self-defense.

Assistant Prosecutor Andrea Roberts represents the state, while Clarksburg’s Dreama Sinkkanen is the lawyer for Snell.

— U.S. Magistrate Michael John Aloi on Monday presided over the initial appearance and arraignment of Jesse Young Gober, 33, of Rivesville.

A grand jury meeting last November in Clarksburg indicted Gober on a drug conspiracy (methamphetamine, fentanyl crack cocaine) charge, as well as charges of possession with intent to distribute 50 or more grams of crystal meth; possession with intent to distribute 40 or more grams of fentanyl; possession with intent to distribute crack cocaine; and possession of two pistols and a revolver in furtherance of a drug trafficking crime.

Assistant U.S. attorneys Brandon Flower and Morgan McKee alleged wrongdoing in October 2022 in Marion County. First Assistant Federal Defender Richard Walker represents Gober, who is presumed innocent.

— Carla Marie Bacon, 49, of Greenwood, Delaware, has been charged with felony unlawful possession of a firearm by Bridgeport Patrol Officer I.F. Thomas III.

On Sunday, Bacon possessed a .22-caliber revolver in a recreational vehicle parked at Benny’s Boot Hill, according to the complaint.

Indiana authorities have issued directions that they will extradite Bacon on a possession of methamphetamine allegation, according to the complaint.

Lt. J. Petroski assisted.

Bacon entered a not guilty plea in her initial appearance before Harrison Magistrate Mike Weiss and is presumed innocent.

Ray Franklin Davis III, 23, of Hepzibah, is facing two counts alleging fleeing with reckless indifference.

Davis first fled from Bridgeport Police unlawfully and recklessly, and then fled from the Harrison County Sheriff’s Office, according to criminal complaints.

Patrol Officer N.S. Fiber is leading the investigation for Bridgeport, while Deputy A.M. Long is the lead investigator for the county.

Sheriff Robert Matheny II and Stonewood Officer A. Moore, as well as Clarksburg Patrol Officer C. Nutter and State Police Tfc. E.B. Malcomb, assisted.

— Stephen Douglas Hill, 42, and Rachel Levell Heck, 44, both homeless, of Clarksburg, have been charged with felony breaking and entering (entering without breaking) by Clarksburg Patrol Officer C. Purkey.

Hill and Heck on Sunday were found unlawfully inside a closet with a space heater running at a home on Clay Street, Purkey alleged.

They were using electricity to power the heater without authorization, and Hill was wearing clothing belonging to the homeowner, Purkey alleged.

The residence had been secured the night before due to prior break-ins, Purkey alleged.

Heck and Hill entered not guilty pleas and are presumed innocent.

Harrison Magistrate Kimberly Wygal set a probable cause hearing at 10:30 a.m. Feb. 10 for Hill. Heck’s case has been assigned to Harrison Chief Magistrate Frank DeMarco.

— Daniel Mark Johnson, 38, of Big Bend, Calhoun County, has waived his probable cause hearing before Chief Magistrate DeMarco on a charge of entry of a building other than a dwelling.

On Dec. 13, Johnson was unlawfully inside a building on West Main Street, Salem, where Harrison Deputy J. Carder found two saws under a Toyota pickup truck, according to the complaint.

Carder reported “a strong burning smell” inside the building, and said he could see “fresh cuts ... under piping of the truck around the catalytic converter,” according to the complaint.

Johnson also was in possession of a reciprocating saw on scene, Carder alleged.

“Johnson would later advise he is unsure how he can be arrested, because he was unsuccessful in removing the piping prior to our arrival,” Carder alleged.

Johnson has pleaded not guilty and is presumed innocent.

— Michael Clifton Koch III, 22, of Hepzibah, has waived his probable cause hearings before Magistrate Renzelli.

Koch is facing grand larceny and conspiracy charges in the alleged theft of items from parked vehicles last summer in Bridgeport.

Bridgeport Detective J.S. Carey investigated.

— Michael Bryan Howard, 50, homeless, of Clarksburg, has agreed to a postponement of his probable cause hearing before DeMarco on charges of breaking and entering, destruction of property, grand larceny and conspiracy.

Clarksburg Detective Sgt. W.G Swiger has accused Howard in connection with a Jan. 16 B&E at a cell tower in Clarksburg. Wire was removed from the property, which also sustained damage in multiple places, according to Swiger.

Howard has pleaded not guilty and is presumed innocent.