ST. CLAIRSVILLE - Devin Wayne Fuller, 19, 3567 Franklin St., Bellaire, appeared for a status conference before Belmont County Common Pleas Judge John M. Solovan II Friday. He and Brandon Michael Phelps, 20, 1281 Birch St., Bellaire, face four counts of aggravated murder, committed in the course of rape, of aggravated burglary, of burglary and of trespassing. Each count carries a death penalty specification. Both face two additional counts of trespassing.
Fuller's attorneys will make several fund request for consultants to review the crime scene and the defendant's competence. A further status conference will be set for November. Trial is set for Dec. 17. Plea agreement deadline is Nov. 30.
Albert Bohandy Jr., 20, 226 West South Street, Barnesville, was sentenced on two counts of aggravated assault, a felony of the fourth degree occurring April 13, 2012.
JUDGE?JOHN?M. Solovan II presides during a status conference of Devin Wayne Fuller on Friday in Belmont County Common Pleas Court.
He was given five years of community control sanctions, up to 60 days in jail and six months at EOCC.
Two witnesses testified to Bohandy's character in overcoming a difficult early life and taking on heavy responsibilities. Defense asked Solovan to consider Bohandy's struggle with mental health issues and anger control. Bohandy apologized for the harm he did.
Solovan noted Bohandy exhibited recklessness in striking another vehicle with his car while pursuing it. He also noted the defendant's ongoing struggle with marijuana.
He pointed out the need to accept responsibility for the incident.
Garry Wayne Posey, 21, 1780 Guernsey Street, Bellaire, saw the revocation of his probation for consuming alcohol and risking another's property. He will serve 100 days.
He was originally charged with child endangering, a felony of the third degree occurring March 30, 2007.
He served more than two years of his three-year sentence and was given judicial release into EOCC.
William Lee Rouse, 25, 738 Main Street, Bridgeport, saw the revocation of his community controls after testing positive for synthetic marijuana during his time at EOCC. He was convicted of failure to give notice of change of address July 10, 2011.
He will serve 12 months in the penitentiary with credit for five months. Afterward, he will be subject to three years of community based controls.
Robert Eugene Nolan, 29, 125 Franklin Lane, Sistersville, WV, was sentenced for theft, a felony of the fifth degree occurring Feb. 22, 2012. He will serve four months in jail. He and three other co-defendants were accused of stealing from Wal Mart.
Christopher Allen Rock, 23, 72523 Droskey Road, St. Clairsville, was sentenced for possession of drugs, a felony of the fifth degree occurring May 31, 2012. He was convicted of burglary, a felony of the fourth degree, and later voluntarily terminated from drug court. He was charged with possession of drugs, a felony of the fifth degree. He was given five years community control sanctions, 32 days in jail with credit for four days, and six months EOCC.
Dustin Lance Bennett, 23, 133 Lafayette, Youngstown, pleaded guilty to felonious assault, a felony of the second degree. He will be sentenced Nov. 30. A pre-sentence investigation, victim impact statement and EOCC evaluation were ordered.
Ricky Joe McGuire, 23, 900 Carlisle Street, Martins Ferry, will go to trial Jan. 10 for breaking and entering a felony of the fifth degree occurring June 30, 2012.
Warrants were issued for:
John Alexander Knox, 26, 66111 Bobbie Joe Drive, St. Clairsville
Richard Anthony Lollathin, 37, 70998 Barries Drive, Martins Ferry
Keith Nicholas Vinka, 22, 3745 Monroe Street, Bellaire
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