Multiple individuals have entered pleas in felony criminal cases and been sentenced by Circuit Judge Debra McLaughlin in Morgan County Circuit Court.
David Gerhard, 31, was sentenced for multiple felonies associated with an armed robbery on River Road in 2022. Judge Debra McLaughlin sentenced Gerhard to five years in prison for felony wanton endangerment. He was convicted of grand larceny and sentenced to 1-10 years in prison for that offense. Gerhard was sentenced to 10 years in prison for use of a firearm in the commission of a felony and sentenced to five years in prison for being a felon in possession of a firearm. Gerhard’s larceny and weapons sentences will be served back to back and will run concurrent with the wanton endangerment prison term, for an effective sentence of 6-20 years in prison.
Tyler B. Hardt, 31, of Winchester was sentenced to five years in prison after being found guilty of felony fleeing with reckless disregard in 2022. His prison sentenced was suspended for three years supervised probation and a $1,000 fine. Hardt must complete drug/alcohol treatment, maintain mental health treatment and obtain employment during the probation period.
Samantha M. Bailey, 29, of Strasburg, Va. pled guilty to misdemeanor possession of marijuana in October 2022. She was sentenced to 90 days in jail. That jail time was suspended for six months’ probation.
Tyler Fitzgerald, 21, of unknown address, was sentenced to prison for 1-5 years for conspiracy to commit grand larceny after failing to meet the requirements of an alternative sentencing agreement. Fitzgerald pled guilty to conspiracy in Morgan County Circuit Court in February of 2022. He was given a deferred adjudication sentence, and was enrolled in the Anthony Center for youthful offenders. Fitzgerald was returned from the center in January of 2023, his sentence was changed from two years to three years, and he returned to the Anthony Center in February. In April, Fitzgerald was returned from the Anthony Center was being unfit for their program, and his alternative sentence was revoked, and prison time ordered. He will received credit for 480 days served.
Michael A. Athey, 37, of Berkeley Springs was sentenced to 1-10 years after being convicted of shoplifting, third offense. He will serve the sentence on home confinement.
Joshua Schrider, 31, of Hedgesville pled guilty to grand larceny and was sentenced to 1-10 years for the felony crime, committed in 2020. Shrider’s prison sentence was suspended for three years’ probation.
Andrew Hovermale pled guilty to DUI-habitual user and was sentenced to seven days in the Eastern Regional Jail and fined $200.
Joshua Asbury pled guilty to destruction of property in 2022 and was sentenced to one year in the Eastern Regional Jail. His jail time was suspended for two years supervised probation. Asbury must also pay $2,327 in restitution to his victim.
Charles Kirby was sentenced to one year in the Eastern Regional Jail after being convicted of grand larceny. He must pay $2,200 in restitution to his victim.
Lakota R. Boothe, 24, of Berkeley Springs was able to resume deferred adjudication after marijuana use while on probation. The court advised Boothe that she can only use the substance legally through a medical marijuana card.
Jeffrey Pippin pled guilty to grand larceny and was sentenced to 1-10 years in prison. Prison time was suspended for two years probation and deferred adjudication of three years. If he successfully completes the terms of that alternative sentence, the felony charge will be reduced. Pippin must also serve 150 hours of community service and pay $278 in restitution.
Joseph A. Kerr, 36, of Berkeley Springs was sentenced to four years in prison for conspiracy to deliver methamphetamines, 30 days in jail for driving while his license was revoked and 1-5 years in prison for conspiracy. Prison time was suspended for three years’ probation.
