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Braxton County Prosecuting Attorney, 307 Main Street, Sutton, WV (2026)

05/08/2026

Jason Lee Allen age 53, of Braxton County, West Virginia, has been found guilty of s*xually motivated misdemeanor battery. The verdict was rendered by Braxton County Magistrate John “Eric” Skidmore, after a 2 day bench trial which began on May 6, 2026. Allen had been charged with the crime by West Virginia State Police in November of 2025.

During the two day bench trial the Court heard testimony from multiple witnesses for the State and the defendant. The State alleged that Allen, who is the pastor of the Victory Apostolic Church in Flatwoods, had reached under the skirt of a 24 year old female member of his congregation and touched her leg and thigh. Allen was accused of engaging in the contact during a meeting between him and the young woman while he was alone with her to counsel her on spiritual issues. The defendant alleged that the victim was a chronic liar and had made up the story.

At trial the State played a video recorded interview during which the defendant told investigating officers that he had touched the victim’s leg during the counseling session to feel a “scar” on her lower calf. As the interview progressed the defendant told officers that he may have touched the victim’s leg further up than her calf, eventually demonstrating touching of her leg from her lower calf to above her knee. The defendant claimed the victim gave him permission to touch her leg. The victim disputed the claim.

Sentencing is set for May 27, 2026 at 9:30 a.m. before Magistrate Skidmore. The defendant faces a possible sentence of up to one year in jail. Because the Magistrate made a finding that the crime was s*xually motivated he must also register as a s*x offender for a period of ten years.

The matter was investigated by Sgt. B. K. Smith of the West Virginia State Police. The State was represented by Braxton County Prosecuting Attorney, Dwayne Vandevender. The defendant was represented by Gassaway lawyer Daniel Armstrong.

04/01/2026

On April 1, 2026 Bridgette Jayne Bender appeared for a probation revocation hearing before Judge Michael Asbury, Jr. Bender, who had been placed on probation in December of 2024 after completing substance abuse treatment, made admissions to the petition to revoke probation. Bender had been arrested in December of 2025 for domestic battery in Ohio County and aggravated DUI in Marshall County, thus violating her probation.

After Judge Asbury revoked her probation Bender asked to be readmitted to probation to permit her to re-enroll in the substance abuse treatment program. The State objected to the request citing the severity of the offense, the nature of the violations and the defendant's history. Judge Asbury denied the request for probation and sentenced the defendant to 3 to 15 years in prison on her conviction for possession with intent to deliver fentanyl.

The State was represented by Braxton County Prosecutor, Dwayne Vandevender and the defendant was represented by Sutton attorney, David Karickhoff.

03/05/2026

Attention please:

When you are reading an article, whether it be on a news site or this page, please read the ENTIRE article. Apparently WDTV had an article about the Smith/Talbert plea that had a very unclear headline about mishandled evidence (They have since fixed it.) However, people were not reading past the headline and were calling and giving Deputy Brad Williams a lot of grief.

Deputy Williams did NOT mishandle evidence and, in fact, was very thorough with his investigation. He did an excellent job investigating the baby's death. This case has been hard enough emotionally on my staff and the officers. Please understand that we have done everything we could to secure a conviction considering the problems we were handed with the case. Please stop contacting Deputy Williams to complain.

03/05/2026

On Tuesday, March 3, 2026, Angel Talbert and James Joseph Smith entered pleas of guilty to voluntary manslaughter related to the death of their four month old child on November 16, 2024.

Braxton County Prosecutor Dwayne Vandevender told Judge Michael Asbury, Jr. that, after the death of the baby, her body was sent to the Medical Examiner's office for an autopsy. Investigators received the autopsy results on April 10, 2025. Lab results attached to the autopsy showed a .330 blood alcohol content in the liver tissue. The couple was arrested and charged with murder after they admitted to giving the baby alcohol, but claimed they only rubbed it on her gums daily because she was fussy.

Vandevender told the Court that, during the course of the case, it was discovered that the Medical Examiner's office did not test any blood samples for alcohol and had left a urine sample in a refrigerator for an extended period of time before finally freezing the sample and testing it some five months later. The results of that test showed no alcohol metabolites in the urine. Vandevender said that the doctor that performed the autopsy was unable to say if the negative test was due to a degradation of the sample because of the manner in which it was stored.

Vandevender also told Judge Asbury that, after learning of the negative urine test and due to the resulting uncertainty surrounding the toxicology findings, the State extended the plea offer to voluntary manslaughter, which is a lesser included offense of murder. After considering whether or not to accept the plea, Judge Asbury ruled that, based on the circumstances and due to the incompetence of the Medical Examiner's office in handling the samples, the plea was in the fair administration of justice.

The defendants are due to be sentenced on April 27, 2026, and face up to 15 years in prison. Talbert was represented by Charleston attorney Andrew Chattin and Smith was represented by Buckhannon attorney Steve Nanners.

02/11/2026

On February 3, 2026 the Braxton County Grand Jury returned Indictments against the following individuals:

CHESTER HARLEY BISHOP
Failure To Register as a S*x Offender (3 counts)

PATRICK LEE BUTLER, II
Domestic Battery, Third Offense
Domestic Assault, Third Offense
Attempted Strangulation

SHANDA RENAE DAVIS
DUI, Third Offense
Possession of a Controlled Substance (2 counts)
Obstructing an Officer

KRYSTAL CARPENTER
Possession With Intent to Deliver Fentanyl
Possession With Intent to Deliver Methamphetamine
Possession With Intent to Deliver Alprazolam
Aiding Escape or Other Offenses (Taking controlled substances into the jail)

JAZMIR YOUNG
Possession With Intent to deliver Fentanyl
Aiding Escape or Other Offenses (Taking controlled substances into the jail)

WILLIAM EDWARD SELPH and KSEAN DOMINQUE VATEN
Wanton Endangerment (8 counts)
Attempted Murder (9 counts)
Use or Presentment of a Firearm During the Commission of a Felony
Conspiracy

ROBERT LEE WILT
Terroristic Threats
Threat Of Retaliation Against Public Officer

HURL SMITH and DANIELLE LOANE
Possession With Intent to Deliver Fentanyl
Possession With Intent to Deliver Methamphetamine
Possession With Intent to Deliver Alprazolam
Delivery of a Controlled Substance - Fentanyl
Conspiracy to Violate the Controlled Substance Act

WILLIAM J. POSEY
Possession With Intent to Deliver Fentanyl
Possession With Intent to Deliver Methamphetamine
DUI

KEN ROUPE and AARON CUELLAS
Possession With Intent to Deliver Fentanyl
Possession With Intent to Deliver Methamphetamine
Bringing Controlled Substances Into the State
Conspiracy to Violate the Controlled Substance Act

BOBBY GAIL COTTRELL, JR.
S*xual Assault, Second Degree (20 counts)
In**st (20 counts)

CURTIS RIGGS
S*xual Assault, Third Degree (8 counts)
S*xual Abuse, Third Degree (1 count)
Abduction With Intent To Defile

JOSHUA MATTHEW RICHARDSON
Transferring or Receiving Stolen Property

TARA JO TURLY
Possess with Intent to Deliver Methamphetamine (2 counts)

TREVOR ADAM HURST
Burglary
Grand Larceny

ROSS MARKS and MARIA MARKS
Prohibited Person W/ Firearm (3 counts)
Possession With Intent to Deliver Morphine
Possession With Intent to Deliver Methamphetamine
Possession with Intent to Deliver or Manufacture Ma*****na
Conspiracy to Violate the Controlled Substance Act

INDICTMENTS ARE MERELY CHARGING DOCUMENTS AND THE DEFENDANTS ARE CONSIDERED INNOCENT UNLESS AND UNTIL PROVEN GUILTY BEYOND A REASONABLE DOUBT IN COURT.

01/21/2026

On January 12, 2026 Judge Michael Asbury, Jr. sentenced Joshua Bly Miller to the maximum sentence of two to ten years in prison. Miller had previously pled guilty in Braxton County to Possession Of Material Depicting Minors Engaged In S*xually Explicit Conduct, With A Video Of Less Than Five Minutes. Judge Asbury ordered the sentence to be served consecutively to the sentences the defendant is currently serving after having previously pled guilty to S*xual Abuse in the First Degree in Gilmer County.

Upon his release from prison the defendant will have to register as a s*xual offender for the rest of his life. He will also be subject to extended supervision for s*x offenders for a period of thirty years.

The defendant was represented by Charleston attorney, Andrew Chattin and the State was represented by Braxton County Prosecuting Attorney, Dwayne Vandevender.

11/19/2025

Earlier today, after a two day trial and approximately 3 hours of deliberations a Braxton County jury found Charles E. Workman, age 62, of Braxton County, guilty of the felony offenses of unlawful assault and wanton endangerment with a firearm.

The charges stem from a November, 2024 incident where Workman entered the 84 Lumber in Braxton County to return some plumbing items. Workman did not have a receipt for the items and eventually became involved in a heated argument with the manager. During the argument another employee of the store attempted to intervene. Workman then displayed a pistol he was carrying concealed. The employee, fearing for his and his manager's safety struck Workman in the face, knocking him to the floor. The employee then attempted to retreat behind the counter, when Workman pulled the pistol and shot him in the back.

The employee ran out a nearby door in an effort to get away, but Workman followed him into the parking lot and held him at gunpoint. The employee testified that he begged Workman not to kill him, telling him that he had a wife and kids and did not want to die. Workman eventually left the parking lot and drove to nearby Braxton County Memorial Hospital where he was treated for injuries to his face from being struck by the employee. The employee also drove to the hospital and was treated for a gunshot wound to the back.

After the verdict was delivered, Judge Michael W. Asbury, Jr. granted the State's motion to deny post-conviction bond and ordered the defendant to be taken into custody and lodged at the Regional Jail pending his sentencing on January 6, 2026. Workman faces a possible 1 to 5 years in prison for the unlawful assault and a determinate sentence of up to five years in prison for the wanton endangerment.

The defendant was represented by Gassaway attorney, Daniel Armstrong. The State was represented by Braxton County Assistant Prosecutor, Daniel B. Dotson, III.

11/05/2025

On November 5, 2025 Jason W. Fox appeared before Judge Michael W. Asbury, Jr., in the Circuit Court of Braxton County for a jury trial upon his indictment for the felonies of Burglary, Domestic Battery, Third Offense (2 Counts), Domestic Assault, lesser included offenses of Domestic Battery (2 counts) and misdemeanor Destruction of Property. Upon facing a jury of his peers the defendant decided to plead guilty to all of the counts of the Indictment.

After accepting the guilty plea, Judge Asbury dismissed the two counts of Domestic Assault, Third Offense, which were lesser included offenses of the Domestic Battery charges. A lesser included offense means that the defendant could not be convicted of both the domestic battery and the domestic assault charges and, at trial, the jury would pick which charge, if either, upon which to find the defendant guilty.

Fox is facing a possible total sentence of not less than four nor more that twenty-six years in prison. The defendant's sentencing is scheduled for December 18, 2025 at 9:00 a.m. The defendant was remanded to the custody of the Regional Jail pending sentencing.

The defendant was represented by attorney Eric Wildman. The State was represented by Braxton County Prosecutor, Dwayne Vandevender.

11/05/2025

On November 5, 2025, the Braxton County High School, Practical Applications of Law Enforcement class and their teacher, Mr. Andy Shingler, traveled to the Braxton County Courthouse to observe a criminal jury trial. Unfortunately the trial was cut short when the defendant unexpectedly decided to plead guilty to all charges in the indictment. However, the class made the best of the day by watching the plea hearing and then traveling to Magistrate court to watch a couple of probation revocation hearings. They also got to meet Judge Jasmine Morton, Judge Michael Asbury, Jr., Magistrate Eric Skidmore, Circuit Clerk Susan Lemon, Prosecutor Dwayne Vandevender, Assistant Prosecutor Bill McCourt and Sheriff's Deputy Lt. Luke Johnson. The students got to watch Mr. Shingler sworn in as Sutton Chief of Police by Judge Morton. They also got to ask lots of questions about the courts and hearings and even got a tour of the historical jail, thanks to Lt. Johnson.

10/27/2025

On October 27, 2025, Carl William James appeared for sentencing before Judge Jasmine R. H. Morton. James had previously been convicted by a Braxton County jury in May, 2025 for the felonies of S*xual Abuse in the First Degree, with a victim less than 12 years old; S*xual Assault in the First Degree, with a victim less than 12 years old; two counts of S*xual Abuse By A Parent, Guardian, Custodian Or Person In A Position Of Trust To A Child; S*xual Assault in the Second Degree and Gross Child Neglect Creating Substantial Risk Of Serious Bodily Injury Or Death.

The defendant’s attorney, Andrew Katz requested the Court impose an alternative sentence such as home confinement or probation. The defendant did not address the Court.

The State of West Virginia read a letter from the victim to the Court. The State then requested the Court to impose the maximum sentence, noting the defendant’s lack of acceptance of responsibility, blaming of the victim and presenting fraudulent or altered evidence at trial in an effort to deceive the jury.

After hearing the arguments of counsel, Judge Morton noted that the defendant had s*xually abused the victim from the age of 7 until she was 13 years old; that the victim’s life would never be the same; that the defendant had expressed no remorse for the crimes, instead blaming the victim; and that the defendant’s court ordered s*xual offender evaluation found that he has a pedophilic disorder. Judge Morton sentenced the defendant to prison upon all counts for a total effective sentence of not less than 51 years and not more than 175 years in prison.

The defendant must serve 51 years in prison before becoming eligible for parole. If the defendant is released from prison he must also register with the West Virginia State Police on the s*x offender and child abuse registries for the rest of his life and he will also be subjected to an additional thirty years of extended supervision for s*x offenders.

The case was investigated by Deputy Levi Cochran of the Braxton County Sheriff’s Department and was prosecuted by Braxton County Prosecutor, Dwayne Vandevender.

10/13/2025

On Friday October 10, 2025, Robin James appeared before the Circuit Court of Braxton County for sentencing. A Braxton County jury had previously convicted the defendant in May of four counts of child neglect creating a substantial risk of seriously bodily injury or death to a child in her care.

The charges arose from incidents where the child had told the defendant on three separate occasions, spanning several years, that the defendant's husband, Carl James, was s*xaully abusing her. Robin James said she took no action to protect the child because she didn't believe her. However, the same jury also convicted Carl James of multiple counts of s*xual abuse of the child.

Judge Jasmine Morton heard statements and arguments from both the defense and the State, after which she sentenced the defendant to the maximum sentence of 4 to 40 years in prison. The defendant will also be required to be under extended supervision for 25 years after her release from prison and must register with the State Police on the child abuse registry.

The defendant was represented by Charleston attorney, Joseph H. Spano, Jr. and the State was represented by Braxton County Prosecutor, Dwayne Vandevender.

Braxton County Prosecuting Attorney

05/08/2026

04/01/2026

03/05/2026

03/05/2026

02/11/2026

01/21/2026

11/19/2025

11/05/2025

11/05/2025

10/27/2025

10/13/2025

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Monday	8:30am - 4pm
Tuesday	8:30am - 4pm
Wednesday	8:30am - 4pm
Thursday	8:30am - 4pm
Friday	8:30am - 4pm