Heck, Dishler, Pitzer, Nuzum in the courtroom of the Honorable Justice Nelson

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J. Heck leaving Judge Nelson’s courtroom after agreeing to negotiate a guilty plea.

From: Jennifer Britt

Attorney Parsons

The Honorable Lynn Nelson presided over the trials of Jonathan Heck, Keith Dishler, Timothy Myers, Kenzi Pitzer and Jonathan Nuzum.

Heck, who was represented by public defender Brent Easton, accepted a plea bargain on the burglary charge for causing damage to Kenzi Pitzer’s residence. When officers responded to a call, made by Pitzer, they found torn curtains, drug paraphernalia, and Pitzer reported that Heck had taken $385 from him. Heck was ordered to pay $385 restitution, undergo an inpatient rehabilitation program, have no contact with Pitzer, and be placed on probation for good behavior for two years, at which time all charges will be rejected. Nelson praised Heck for already completing several months of rehabilitation.

Dishler, represented by Easton, was charged with malicious assault and kidnapping. Dishler’s charge of malicious wounding carries a sentence of two to 10 years. For the kidnapping charge, Dishler faces a life sentence if convicted. Dishler was taken into custody. Easton asked Nelson for time to prepare for pre-trial motions. Nelson has set December 6 to hear pretrial motions.

K. Dishler is released from custody after standing before Judge Nelson.

Myers, represented by public defender Morris Davis, was charged with possession with intent to deliver (felony), reckless driving (misdemeanor) and driving with a revoked license for a previous DUI (misdemeanor). Myers is charged with possessing more than $5,600 worth of methamphetamine (meth) with intent to distribute. The charge carries a sentence of one to 15 years and a maximum fine of $25,000. The reckless driving charge carries a sentence of five to 90 days with a fine of $25 to $500. Driving with a revoked license due to a driving under the influence (DUI) charge results in a fine of $100 to $500.

Myers was given a $15,000 bond in insured cash and ordered to report to Tucker County Community Corrections. Myers was due to appear in court again but was a no-show. A capias was issued for Myers.

Pitzer, represented by Davis, was charged with nine counts of access device fraud. Pitzer’s charges carry a sentence of one to 10 years. Pitzer was granted, by Nelson, a $10,000 personal bond and ordered to report to Tucker County Community Corrections and file a Court Disposition Report (CDR) with police of the state of West Virginia.

Access device fraud is defined as a criminal offense that involves the use of an unauthorized access device to obtain money, property, services or anything else of value. This type of fraud can be committed in many ways, including using stolen credit card, debit card, or bank account information.

Additionally, access device fraud can include driver’s license numbers, social security numbers, date of birth, banking information, identification numbers, and signatures.

Tucker County District Attorney Savannah Hull Wilkins presented Pitzer and his attorney with a plea bargain. Davis said Pitzer was most likely going to accept the plea, but requested time to explain the meaning of the plea bargain to her client due to the fact that she was young and had no prior knowledge of the justice system. Nelson gave Davis until December 6 to discuss the plea bargain with Pitzer.

Nuzum, represented by Davis, waived his right to a preliminary hearing. The charges against Nuzum are unclear. Waiver of his preliminary investigation means he allows the prosecution to pursue criminal charges against him without having to present his evidence. Most likely, a competent defense attorney would recommend waiving the preliminary hearing only if the evidence against the defendant was substantial or overwhelming, and waiving the hearing would significantly benefit the defendant.

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