EKB News

Operation Unite is facing a lawsuit from diesel mechanic Josh Roberts of Somerset. He says officers wrongfully arrested him and falsely imprisoned him for a crime he didn't commit.

He says he was arrested for a drug deal he had nothing to do with and his lawsuit askes for an unspecified amount of money in damages, saying the arrest cost him his job, and humiliated his family.

Unite's lawyer says they have no reason to believe Roberts' rights were violated.

Two Fayette County men remain lodged in the Pike County Detention Center after being arrested in connection with the robbery of the Virgie Branch of the U.S. Bank.

According to the Kentucky State Police they apprehended 64 year-old James Chaney and 50 year-old Carl Lockhart both of Lexington.

Both men are charged with first degree robbery.

Authorities from the KSP, Pikeville Police Department and Kentucky Vehicle Enforcement pulled the vehicle over on U.S. 23 at Shelbiana.

Earlier, one of the men entered the bank with a gun and demanded money.

The undetermined amount of loot was returned to the bank.

A former doctor that once practiced medicine in Mingo County was sentenced to seven years behind bars in U.S. Federal Court in Charleston.

49 year-old Donald R. Kiser of Parkersburg admitted he prescribed thousands of pills without a legitimate medical reason.

Kiser said that he wrote phony prescriptions for his wife and another woman with whom he was involved sexually.

If one Logan County lawmaker has his way plastic shopping bags will be eliminated in West Virginia by 2011.

House of Delegate member Ralph Rodighiero is the sponsor of the legislation.


Rodighiero says that plastic bags have become a public eyesore, cluttering riverbanks and highways and also he feels that it would be a good move for the environment.
Retailers would also have to put in recycling bins for customers

The Mingo County Commission created the Mingo County Upward Bound Program at the urging of local attorney Eugene Sisco Jr.

The program is designed to assist students that are attending high school to prepare for college.

Mary Ellen O' Daniel was hired at a rate of $ 21,000 per year to serve as the director.

Students that come from low-income families, families in which neither parent holds a bachelor's degree amd low income first generation military veterans who are preparing for college.

Senate panel approves abortion, nude dancing bills

Legislation to require ultrasounds before abortions and to restrict topless dancing were approved by the Senate Judiciary Committee this morning.

Senate Bill 40, sponsored by Sen. Jack Westwood, R-Crescent Springs, would require doctors to take an ultrasound and provide the results to any pregnant woman before she could have an abortion. Women would not be required to view the ultrasound if they chose not to, Westwood said. Doctors could face up to $100,000 in fines for their first offense and have further discipline imposed by the Kentucky Board of Medical Licensure.

SB 40 would also clarify that pre-abortion counseling be done in person rather than over the phone, as some abortion clinics currently allow.

Senate Bill 63, sponsored by Sen. Julie Denton, R-Louisville, would require topless dancers to perform on a raised stage at least six feet from audience members and would prohibit them from touching patrons. Nude dancing would be banned altogether at sexually oriented businesses.

Both bills now head to the Senate floor.

Legislation that would require young children to be placed in booster seats when riding in motor vehicles passed the House Transportation Committee today.

House Bill 55, sponsored by Rep. Tom Burch, D-Louisville, is identical to legislation he filed in 2007 which would have required booster seats for children under 8 years old who are between 40 and 57 inches tall.

Under the proposal, violators would face a $50 prepayable fine but would not have to pay court costs or additional fees. The exemption from additional costs would also apply to those who fail to properly secure an infant in a child restraint seat or who violate the state's seatbelt law, which carries a prepayable fine of up to $25.

Burch, who displayed a booster seat at the committee meeting, said the seats are available free of charge at many health departments and police departments across the state.
"It's as easy as picking them up," he said.

Courtesy : Kentucky General Assembly Website

'Golden Alert' bill heads to Senate floor

Media publicity could play a larger role in locating missing Alzheimer's patients and other vulnerable people under a bill headed to the Senate floor.

Senate Bill 125, sponsored by Sen. Denise Harper Angel, D-Louisville, would create a "Kentucky Golden Alert" to make local media aware when an impaired adult is reported missing. The program would be similar to the Amber Alert program for missing children, state officials said.

"There are more people with early-onset Alzheimer's who still may be driving, which poses some other kinds of challenges for finding them when they get lost," said Ellen Kershaw of the Alzheimer's Association. "A bill like this which could put out an alert to the public will be very helpful so that the public can help spot somebody and reunite that individual with their family."

The bill won unanimous approval by the Senate Veterans, Military Affairs & Public Protection Committee this morning.

A Logan County man is facing numerous charges after he wrecked three vehicles this morning , two of them were stolen.

Kenneth Green Jr 23, of Accoville was charged with theft, destruction of property, fleeing by vehicle and fleeing on foot.


Green was traveling on Rt 10 in Stollings when suddenly crashed his car. Green then went to a convenience store stole another vehicle and wrecked it. The suspect wasn’t finished , Green stoled a vehicle from a nearby parking lot in Logan. Green drove through a fence of a residence on Stratton Street in an attempt to avoid a police roadblock. Authorities caught up with him after he attempted to break into other vehicles.

The incident remains under investigation by the WVSP.

Two Pike County residents pleaded guilty in Pike County Circuit Court to drug charges in separate cases.

Ruth De George of Robinson Creek pleaded guilty to three counts of second-degree trafficking in a controlled substance and three counts of second degree trafficking within 1,000 yards of a school.

The Commonwealth Attorney is recommending four years on each count, six months served, four years probation and pay restitution.

Harold Price pleaded guilty to one count each of second and third degree trafficking in a controlled substance.

Price will serve two and a half years in prison, after 30 days he can serve the rest of the sentence on home confinement and pay restitution.

Authorities arrested a Delbarton man and charged him with domestic battery.

Timothy White remains in the Southwestern Regional Jail on $ 2,000 bond. White is accused of hitting his girlfriend.

The court also ordered that White can't go around the victim once he posts bail.

White was arraigned by Magistrate Eugene Crum.

A Logan County Grand Jury indicted five Logan County residents that authorities believe was involved in the Meagan Williams torture case.

Williams, a black female from Kanawha County was rescued by police after they were tipped off that Williams was being held against her will and was tortured at a Big Creek home.

The incident has received national attention . Williams is scheduled to talk about her ordeal on the Montel Williams Show.

Karen Burton is charged with kidnapping, malicious wounding and a state hate crime.

Frankie Brewster is charged with kidnapping, first degree sexual assault and conspiracy.

Bobby Brewster is charged with malicious assault, kidnapping , second degree sexual assault, assault during the commission of a felony.

Linnie Brewster charged with misdemeanor battery.

Danny Combs has been charged with conspiracy, first degree sexual assault and kidnapping.

Prosecutor Brian Abraham says that Williams came to Logan County because she was having a romantic relationship with Bobby Brewster.

Last week Alisha Burton and George Burton pleaded guilty to kidnapping and assault.

The state will recommend 10 year prison sentences for each.

Democrat Greg Stumbo cruised past Republican Larry Brown in the race for the 95th District Representative race.

Stumbo collected 88 percent of the vote.

The former Attorney General served in the state house for 24 years before becoming AG four years ago.

The West Virginia State Police along with the Mingo County Sheriff's Department is continuing their investigation in which a Chattaroy man collided head on with a Williamson police cruiser. The accident sent two police officers and the assailant to a local hospital with minor injuries.

58 year-old James Fletcher was arrested and charged with DUI, fleeing while driving under the influence, obstructing, DUI causing injury, possession with intent to deliver, simple possession and destruction of property.

Police officers were pursuing Fletcher on US 119 toward Williamson. WPD officers Grady Dotson and Blake Sipple attempted a roadblock. Fletcher's vehicle rammed the cruiser head on.

All three individuals were treated and released.

Bond for Fletcher was set at $ 36,000.

Judge Rutherford announced today he has written Governor Steve Beshear voicing support for the Governor’s decision to seek federal funding for energy development. In addition, Judge Rutherford offered Pike County as a partner in that effort. Governor Beshear announced efforts were underway to seek participation in public-private partnerships on federal energy initiatives through the federal Department of Energy.

Rutherford took action in response to an announcement by the federal Department of Energy related to the restructuring of their participation in the FutureGen Project.

FutureGen was a U.S. Government project focusing on near zero-emissions coal-fueled power plants to produce hydrogen and electricity while using carbon capture and storage. The federal Department of Energy announced on January 29 it was withdrawing funding from FutureGen and was looking to restructure how the federal government would fund future energy development projects.

In response to Governor Beshear’s request, Judge Rutherford has contacted the Governor’s office to offer Pike County as a partner with the Commonwealth of Kentucky for potential public-private partnerships for a Request for Information due March 3, 2008.

“Through the County Office of Energy and Technology, Pike County is prepared to be a willing and active partner on energy development projects. With a long-term comprehensive energy strategy, Pike County is well-positioned to participate in these initiatives and will work actively to be of any assistance on future funding requests,” said Judge Rutherford.

Pike County has received nearly $900,000 to complete a feasibility study to site a coal-to-liquid plant in Pike County and the American Energy Research Center, a consortium of public and private entities working together to demonstrate and commercialize energy projects.

“We are moving forward with our study for a CTL plant, as well as the AERC. We have had a great response to our efforts to develop our energy resources. By working with Governor Beshear, as well as federal officials and corporate and community leaders, we will be successful in developing our County and to create good paying jobs for our people,” said Roger Ford, Director of Energy and Technology.

An early morning multi-vehicle accident that involved two loaded coal trucks left one person dead . The accident occurred around 8 a. m. Tuesday morning on U.S. 23 at Louisa.

According to the Kentucky State Police, two coal trucks were traveling northbound. The coal truck traveling in the rear lost control and overturned in the southbound lane and caught fire as the result of rear-ending the other rig.

The victim has been identiifed as Charles Cable, 38, of Jenkins.

All four lanes of U.S. 23 were shut down for several hours due to coal spilling on the highway.

The Kentucky Court of Appeals will hear oral arguments in Pikeville on February 12th-13th. Oral arguments will be held at the Hall of Justice, Division II Circuit Courtroom. The arguments will begin at 1pm on Tuesday and 9:30 am on Wednesday.

The three judge panel will consist of Judge Michelle Keller of Covington, Judge Kelly Thompson of Bowling Green and Judge Thomas Wine of Louisville.


The proceedings are open to the public.

Here is a list of the cases.


Tuesday 1pm : S.O vs Commonwealth of Kentucky. Discretionary review from juvenile adjudication finding S.D.O guilty of terroristic threatening. Suffiency of evidence supporting findings: lack of evidence that S.D.O. delivered letter containing threats: admissibly of letter with subsequent alterations.

Tuesday 1:45 pm : Kentucky Farm Bureau Mutual Insurance Company vs Sonya Elswick. KFB appeals from an order dismissing its subrogation claims against Elswick. KFB argues that there were issues of fact concerning whether Elswick was a secured person under KRS 304.39-070: and that the trial court erred in finding that KFB was required to file a claim against Elswick’s carrier before bringing the subrogation action.

2:30pm : Paul Rogers ET AL vs Scarlett Counts ET AL: Rogers appeal from a jury verdict awarding them no damages for personal injuries in a motor vehicle accident . Suffiency of evidence: denial of motion for new trial: exclusion of evidence involving insurer while allowing insurer to participate at trial as a party: trial court’s denial of request for additional cross examination of medical witness testimony admitted by video deposition ; preservation issues.

Wed 9:30 am : M.G. ET AL vs Cabinet For Health and Family Services ET AL. Appellants appeal from a Judgement of termination of parental rights . Appellants allege inadequate findings of fact and the failure of the cabinet to meet its burden of proof. The appellants further allege that the court erred in granting the cabinet’s motion in limine, and further claim prejudice by the court’s recusal after the close of evidence.

10:15 am : APPCO – KY vs Oldcastle Mountain Materials: Appeal from trial court’s ruling that voided a restrictive covenant in a deed. There are also contract issues between the parties.

11:00 am : Kentucky Farm Bureau Mutual Insurance Company vs Jason Blevins ET AL: Insurance coverage question. Homeowner insurance policy from a judgement requiring it to provide coverage for and defend its insureds. Appeal and cross- appeal. Underlying issues between parties are unresolved pending this appeal.

1:30 pm : ARA Little vs Lee Stewart ET AL : This appeal arises from litigation regarding an accident between a coal truck, tractor-trailer, and a van. At the conclusion of the plaintiff’s case the trial court directed verdict in favor of two defendants.

A Mingo County man pleaded guilty to murder. David Nelson made the guilty plea in Mingo County Circuit Court.

Nelson pleaded to a single count of second degree murder and four counts of conspiracy to commit murder.

On the murder charge, Nelson must serve 40 years behind bars. Also, add another 4-20 years of prison time on the conspiracy charges.

Nelson was sentenced by Mingo County Circuit Court Judge Mike Thornsbury.

Defense attorneys for Mingo County residents George Lecco and Valerie Friend say they are planning to file the necessary paperwork for a new trial for their clients.

The two are facing the death penalty for involvement in the death of drug informant Carla Collins in 2005.

The controversy stems from a juror that sat on the high profile case and admitted he lied on his questionnaire about prior arrests.

West Virginia State Senator Billy Wayne Bailey has introduced legislation that would allow kids to gain there hunters license in public schools.

The legislation would offer a 10 hour class. Topics covered would range from survival skills to gun safety.

The Wyoming County Democrat says that guns used in the class would have dummy ammunition.

The WV Division of Natural Resources say they sold 155,000 hunting permits to state residents in 2006. That is a 17 percent drop from a decade ago.

West Virginia U.S. Senator Robert C. Byrd is amazed and upset that President Bush left out his scholarship program from the $ 3 trillion federal budget.

Congress established the Byrd Scholarship Program in 1986.

Byrd says that the decision made by Bush shortchanges a lot of students that need the scholarship to further pursue there college education.

At least on the Republican side in the race for the White House the Mountain State will be front and center on Super Tuesday.

Mike Huckabee, Ron Paul and Mitt Romney will pay a visit to Charleston as they attempt to persuade voters to support them at the WV Republican Convention.

Front-runner john McCain will be represented by former Louisiana Governor Buddy Roemer.

West Virginia’s convention will be decided by more than 1,200 state delegates.

Jill Howard, Kimberly Patrick and Bernadette Carpenter have filed a lawsuit against the Magoffin County Board of Education.

The trio, with a combine 59 years of teaching experience, is seeking $ 300,000 each in damages.

The women say that they were passed over for promotions on several different occasions in favor of men that were less qualified.

The Equal Employment Opportunity Commission ruled that there was reason to believe the school board discriminated against the women.

The Mingo County Sheriff’s Department is continuing their investigation into a shooting that occurred this past weekend.

According to authorities a 23 year-old male shot himself in the abdomen after he got into an argument with his mother.

Police say that they were interviewing the mother outside of the residence when they heard a gunshot.

The unidentified male was taken to a hospital where he is expected to recover.
The incident occurred at Chattaroy

Seven people were killed in seven separate car crashes last week in Kentucky.

One of the fatal crashes occurred in Pike County.

Sixty people have died in accidents on Kentucky roadways this year. That is eight less than the same time periods a year ago.

There have been four fatal crashes in Pike County alone throughout the first month of the new year.

Out of the 50 victims that have been killed in motor vehicle accidents, thirty-eight were not buckled.

Last week EKB reported that eighty-one percent of people killed in car crashes so far in 2008 were not wearing a safety belt.

Massey Energy announced last week it's considering additional production increases to meet the growing demand for U. S. exports.

Plans were announced last October to add eight million tons by 2010, but, CEO Don Blankenship says Massey is considering ways to add even more and do it by next year.

He says due to the weak dollar, high shipping rates and bottlenecks in Australia and the eastern United States, exports could hit 90-million tons by 2009.

Lawmakers in Charleston took a break from there duties Friday so they could eat some birthday cake.

Charles Town resident Frank Buckles was honored. The 107 year-old veteran was recognized. as only one of two surviving U.S. WWI vets.

Buckles,like so many, lied about his age so he could fight for his country.

He saw no combat despite serving over seas.

In 1941, Buckles attempted to enlist for WWII, however, he was turned down because he was too old.

Buckles however, became a prisoner of war as he was captured by the Japanese while he was visiting the Phillipines.

Seth and Aaron Rigsby of Johnson County have filed a civil lawsuit against Kenova, WV based Akers Magnetite and driver George Hamilton.

The suit stems from the Feb 5th, 2007 accident that killed Joseph Rigsby.

The accident report stated that the vehicle that Rigsby was riding in was hit by a tractor trailer driven by Hamilton. The accident occurred when the vehicle was pulling onto the shoulder

Hamilton was cited for not having his driving log .

An accident re-construction found that Hamilton was traveling at a speed of 85 mph at the time of the mishap.

Stacy Quisenberry was also killed in the accident.

Leslie Gannon, former post commander for the Kentucky State Police in Pikeville, will be honored at 1p.m. Tuesday at the KSP Headquarters in Frankfort.

The Belfry High graduate will be promoted to lieutenant colonel .

Gannon is only the second female in the history of the Kentucky State Police to hold the rank.

She is an 18 year veteran of the KSP.

She took over as captain at KSP Post # 9 in August of last year.

The Mingo County delegation serving in the state legislature announced they have secured state funding to go toward two major water projects underway in the county.

$200,000 will go to the Town Of Matewan. The money will help extend water service to 121 families in the Thacker area. Overall cost of the project is $ 1.7 million.

Another $200,000 was awarded to the Mingo County Commission to extend water service to 570 families in the Dingess, Trace, Parsley, and Kirk communities. The cost of this project is
$8.8 million.

The announcement was made by Senator Truman H. Chafin, and House of Delegate members Steve Kominar and Harry Keith White.

David Farris will spend anywhere from 2 -6 years in prison as he was sentenced Friday by Mingo County Circuit Court Judge Mike Thornsbury.

Farris was convicted on two counts of child neglect resulting in injury.

He was sentenced to serve 1-3 years on each count