Thursday, July 07, 2011


EKB Capsule News...West Virginia...7-8-'11

Cabell County Delegate Kelli Sobonya is proposing a new bill called "Caylee's Law" which will be introduced the first day of the 2012 West Virginia Legislative Session. The law would make it a felony for parents or guardians not reporting a missing child or death of a child, accidental or otherwise, to law enforcement in a timely manner.

Kanawha County Deputies say swimmers pulled Charles Fitzgerlad, 33, from Tennessee, out of the Coal River near Tornado shortly after 4:00 P.M. Thursday afternoon. Witnesses say Fitzgerald swam out to a deep section of the water and started splashing around and screaming for help as he went under. A group of swimmers rushed to the rescue, brought him to shore and tried to do CPR, but he was unresponsive and had turned blue.

Cabell County Sheriff Tom McComas says no one was hurt when a young child found a .22-caliber revolver on the floor of Billy Bob's Wonderland in Barboursville Wednesday afternoon, and it discharged  where dozens of children were roaming about. McComas says it's unsure how the gun got into the restaurant where the Huntington City Mission was conducting a day camp.

Secret Pleasures in Jefferson voluntarily closed its doors after the West Virginia State Police seized synthetic drugs from the store May 19th. Thursday morning, Kenneth Holiday, owner of Secret Pleasures, and the Kanawha County Planning Commission agreed to several conditions agreeing to keep the store closed. Holiday says he has a long-term lease on the building so he will reopen another store there, but the court ordered him to not sell any adult novelty items or anything Secret Pleasures previously sold at that location. Holiday will avoid charges for selling the synthetic drugs. His attorney argued that the items he sold were stamped "legal for sale," so Holiday had no intent to sell an illegal substance.

Charleston Police are looking for a woman who allegedly used a stolen credit card at Wal-Mart and Home Depot in South Charleston, Macy’s in the Charleston Town Center Mall and CVS Pharmacy in Dunbar. Police say they need the public's help to identify the woman. If you have any information, you're asked to call the Charleston Police Department's Criminal Investigation Division at 304-348-6480.

At a Thursday news conference in Charleston, the U.S. Chemical Safety Board released its report into a number of chemical leaks, including one that resulted in the death of Danny Fish at the Belle DuPont Plant in Kanawha County in January 2010. The Chemical Safety Board's lead investigator Johnnie Banks says, during the investigation, it was found that the Teflon-lined stainless steel hoses used in the Belle plant are particularly susceptible to failure when using phosgene because it can seep thorough the permeable Teflon lining and corrode the stainless steel. During normal operations, the hose would have been purged of phosgene as the cylinder emptied and production shifted to a new cylinder. On the day of the accident operators had experienced problems with the flow and switched the tanks before one was completely empty. The phosgene in the idle tank heated up since it was no longer moving and caused pressure to build on the hose where the material was still present. "DuPont's standard operating procedure requires replacement of hoses in phosgene service every 30 days,"  Banks said. "However, by the day of the accident, the phosgene hoses had not been replaced in over seven months.

The office of state Attorney General Darrell McGraw plans to request a rehearing before a federal appeals court in connection with an ongoing battle with the federal government over a 2004 lawsuit settlement with pharmaceutical company Dey, Inc. The Fourth Circuit Court of Appeals ruled this week that McGraw was wrong in withholding money from Medicaid following the settlement. The Centers for Medicare and Medicaid Services say the settlement should have resulted in more than $400,000 for CMS. McGraw's office gave much of the settlement money to the Public Employees Insurance Agency and his office's Consumer Protection Fund. Chief Deputy Attorney General Fran Hughes says she wouldn't be surprised if the fight eventually makes it to the U.S. Supreme Court.

A campground at Little Beaver State Park opened 30 of the planned 46 total campsites on July 1st in time for the Independence Day holiday weekend. The 30 campsites will be first-come first-served. The location is minutes off I-64 in Raleigh County. From I-64, take Exit 129A, It is two miles south on WV 307. These 30 sites have water and electricity, but the remaining 16 sites, when completed, will have water only. For information about Little Beaver State Park, call 304-763-2494 or visit online

Twenty-six applicants in West Virginia have been approved for state Department of Environmental Protection REAP Litter Control Matching Grants totaling $57,241. They were awarded to state solid waste authorities, county commissions and municipalities. The DEP said Thursday that the funding will be used for public awareness, annual town cleanups and other projects.

The following recipients won grants:
Village of Barboursville: $1,500 for dumpster fees for the annual village cleanup
Berkeley County Solid Waste Authority: $750 for county-wide radio advertisements for public awareness
Town of Burnsville: $1,900 for dumpster fees, landfill fees and labor for the town's annual cleanup event
Town of Cowen: $1,500 for containers and landfill fees for the town's cleanup event
Fayette County Solid Waste Authority: $3,000 for the county litter control officer salary and cleanup equipment
Town of Fayetteville: $1,200 for anti-litter educational material and litter receptacles for the town program.
Gilmer County Commission: $3,000 for supervisor wages for a county-wide litter cleanup program
Greenbrier County Solid Waste Authority: $1,000 for advertising to promote a county-wide anti-litter campaign
Hardy County Commission: $3,000 for implementation of hay bale plastic wrap recycling program for the county
City of Hurricane: $3,000 to raze dilapidated structures within the city
Kanawha County Commission: $3,000 for off-duty deputies to issue litter citations as part of the county-wide litter control program
Kanawha County Solid Waste Authority: $1,921.50 for equipment and labor for the annual county-wide cleanup events
City of Kenova: $3,000 for the cost associated with the removal of litter for the town's clean-up program
City of Mannington: $1,356 for dumping fees for a town cleanup
Mason County Commission: $3,000 for public awareness campaign materials, litter and ash receptacles, and fuel for the Litter Control Program
Monroe County Solid Waste Authority: $2,022.23 for supervisor's vehicle for the Day Report cleanup program
City of Nitro: $2,000 to assist with the purchase of litter receptacles and signage for the city's litter control program
City of Parkersburg: $1,000 for an anti-littering/recycling newsletter
Putnam County Solid Waste Authority: $3,000 for a demolition contractor for structure razing
Raleigh County Solid Waste Authority: $1,000 for advertisement for an anti-littering campaign
City of Richwood: $1,500 for dumpsters for a city cleanup event
City of Romney: $3,000 for dumpster rentals and landfill disposal fees for a city cleanup event
City of Vienna: $2,796 to be used for recycling receptacles
Webster County Commission: $3,000 will be used for the county litter control officer wages
Wood County Solid Waste Authority: $2,796 will be used for recycling receptacles
Wyoming County Solid Waste Authority: $3,000 will be used for vehicle maintenance, fuel, and uniforms for the litter control program

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