Several plead guilty in Greene County Court

January 9, 2013

WAYNESBURG – Several criminal defendants pleaded guilty Wednesday before Greene County Judge Farley Toothman. They included the following:

Cody A. Kirk, 24, of 2 South Main St., Point Marion; offense – retail theft; arrested Sept. 18 in Cumberland Township; police responded to a report of a theft of a magazine and a drink from the Sheetz store in Carmichaels. Kirk told the court he has a drug problem that sometimes affects his judgment. He requested his sentence be delayed until Jan. 22 after he returns from attending his aunt’s funeral in Indiana County. Toothman ordered Kirk to provide detailed information to the court with dates, times and the location of the funeral prior to leaving the area; sentence – 30 days to one year in jail with credit for time already served consecutive to a sentence in Fayette County, 225 hours of community service, a drug and alcohol assessment to be completed during his incarceration in Greene County, and fines, fees and court costs to be paid by the completion of his sentence.

Joseph Lee Milliken, 25, of 2187 Smith Creek Road, Waynesburg; offenses – two counts each of burglary of a residence while unoccupied, conspiracy to commit theft by unlawful taking with one or more other persons and criminal mischief; on two separate dates, Milliken and alleged accomplices broke into two Franklin Township residences to steal guns. On Oct. 6, 2009, they entered the premises of Donna L. Brown at 849 White Bridge Road where they stole a .410-gauge shotgun, .22-caliber bolt action rifle, a DVD player, cellphone, printer and miscellaneous tools. On Nov. 14, 2009, they entered the premises of James McNeely at 2131 Garard’s Fort Road where they stole a .22-caliber Savage rifle, .22-caliber Martin rifle, an ultra-light bow, grinder, wallet, rolls of quarters, jewelry, binoculars and socket sets. In both instances, Milliken or his alleged accomplices damaged an entrance to gain access to the property. Milliken said his problem with drugs was behind the thefts. He refused to give the names of anyone else involved in the crimes to the court, and a continuance was issued until Jan. 23 at 9 a.m. while Toothman determines the legality of accepting Milliken’s guilty plea to conspiracy if it is entered into the court record without the names of his co-conspirators.

Dorothy Elaine Shubert, 36, of 186 Adelaide Ave., Bobtown; offenses – acquiring or obtaining possession of a controlled substance by misrepresentation, forgery and illegal possession of a controlled substance; on June 28, Shubert presented a forged prescription for Adderall to the pharmacist at the Waynesburg Walmart. Shubert obtained the script from a doctor’s pad at the business where she was employed. She told Toothman she had a prescription drug problem and is undergoing treatment; sentence will be imposed after the completion of a presentence investigation.

Noell William Folman, 46, of 114 First St., Mather; offenses – driving while under the influence of alcohol, DUI incapable of safe driving, driving on a suspended license, DUI with a suspended license and a summary violation; on March 18, Waynesburg Borough Police stopped Folman for driving outside of the traffic lane. His blood-alcohol content was 0.0197 percent; sentence – six months County Intermediate Punishment Program with 32 days of incarceration with work release followed by 61 days of home electronic monitoring to begin Jan. 18. Folman was ordered to pay $2,525 in fines, court costs and fees and to perform 75 hours of community service.

Nathan Alan Walker, 31, of 144 ½ West Wayne St., Waynesburg; offenses – 14 counts of forgery and one count each of criminal attempt and theft by unlawful taking; Walker was arrested Aug. 21 when police learned he had forged checks from his grandfather’s account at PNC Bank acquiring $6,247. Walker told Toothman he has a substance abuse problem. He acknowledged knowing the sentence for this arrest would place him in violation of parole for a previous domestic relations sentence; sentence – five years of County Intermediate Punishment with 90 days incarceration in the Greene County Jail followed by 90 days of electronic home monitoring and probation. Toothman told Walker if he violated the terms of the sentence and came before the court, a state sentence would be the recommendation, noting his prior history. Walker also was ordered to have no contact with his grandfather, Jack E. Smith, and to pay restitution of $5,400 to Smith and $840.47 to PNC Bank, in addition to fines, court costs, fees and performing 175 hours of community service.

Charles Ferree Whipkey, 50, of 203 Hilltop Court, Nemacolin; offenses – simple assault, resisting arrest and harassment by striking, shoving or kicking; on Oct. 15, Cumberland Township Police responded to a domestic call at the Whipkey residence. Violet Whipkey, Charles’ mother, told an officer he made threats that “we are all going to be on the news.” She told the officer her son was yelling at her and grabbed her hands, twisting her fingers when she tried to call 911. According to the criminal complaint, Charles became defiant with the police officer called to the residence and had to be physically restrained before being taken into custody; sentence – 90 days to 12 months in jail with credit for 87 days already served, 90 hours of community service and no contact with his mother. He was ordered to pay $750 in fines plus court costs and fees. Whipkey will serve the remaining three days of his 90-day minimum sentence in the Greene County jail and then will be held on a bench warrant from Lawrence County until authorities there pick him up to face charges of using a motor vehicle without the owner’s consent. He was arrested Oct. 30, 2005, in Union Township and failed to appear for his formal arraignment March 8, 2006, when the warrant was issued.

Justin Cheyenne Richter, 25, of 365 Brown Creek Road, Waynesburg; offenses – fleeing or eluding a police officer and five summary violations; Richter was arrested July 22 after leading state police on a chase in Monongahela Township. Police said they attempted to stop Richter, who was speeding while driving north on Route 88. He continued onto Sigsbee Road and Sugar Grove Road, failing to stop for a stop sign, before finally pulling his vehicle over; sentence – 30 days to one year in jail deferred until Jan. 16, $1,014 in fines, plus court costs and fees.



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