Grand jury hands down indictments
MARIETTA – A Washington County grand jury this week indicted Phillip Edward Aaron Pruden, 33, of 852 Greene St., Marietta, on five counts of first-degree rape and five additional counts of second-degree sexual battery related to the alleged sexual abuse that initially occurred in 2011.
“The first three counts of rape were for incidents that occurred between June 1, 2011 and Nov. 1, 2011 at his home in Marietta with a victim who was less than 10 years old at the time,” said Assistant Washington County Prosecutor Jared Erb.
Three of the second-degree sexual battery charges are also from that time period.
He said two more charges of first-degree rape and second-degree sexual battery stemmed from alleged sexual abuse of a child less than 13 years old in August and September of this year.
“A lot of the incidents took place in a basement, and the scene looked to me like something out of a horror movie,” Erb said. “There were multiple acts of rape and abuse, all on the same victim.”
Pruden is serving time in the Washington County Jail on an unrelated charge of unlawful sexual conduct with a 15-year-old. But he was out on bond from that charge when the latest incidents occurred with the 13-year-old in August and September.
Erb said the maximum penalty for the first three counts of first-degree rape in 2011 is life imprisonment without parole because the victim was under 10 years of age.
“He could also face up to eight years in prison for each count of second-degree sexual battery,” he said.
Other indictments handed down this week were:
* Devin R. Binegar, 25, of 49 Waugh St., Newport, was indicted on a third-degree felony charge of unlawful sexual conduct with a minor after allegedly having sex with a 15-year-old girl on two occasions during the summer of 2011. Binegar was a substitute teacher and volunteer boys basketball coach at Frontier High School.
* Shane A. Dye, 25, of 70 Wilson St., Newport, was indicted on a third-degree felony count for unlawful sexual conduct with a minor, allegedly the same 15-year-old with whom Binegar had relations.
Assistant Washington County Prosecutor Kevin Rings said the young woman became pregnant in the fall of 2011 and later gave birth to a son. He said DNA testing had proved Dye was the father.
* Brandon Myers, 19, of 77 Oliver Road, Whipple, was indicted on a fourth-degree felony count of unlawful sexual conduct with a minor.
Rings said the charge stems from incidents that allegedly occurred between Myers and a 14-year-old girl between January and May of 2013.
* Dwin J. McGraw, 61, of 107 Pickering St., Parkersburg, was indicted on a third-degree felony count of abduction and a fourth-degree felony count of carrying a concealed weapon.
Washington County Prosecutor Jim Schneider said on Sept. 4 McGraw allegedly gave Jennifer Jorgenson, 32, of Parkersburg a ride home from Harrisville, W.Va. But when he reached Parkersburg McGraw would not let Jorgenson out of the car and continued driving into Ohio and north on Ohio 7 to New Matamoras where he stopped for gas at a convenience store, Schneider said.
Schneider said Jorgenson was able to pull away from McGraw while inside the store and started screaming for help. The store clerk called the Washington County Sheriff’s Office which led to McGraw’s arrest.
Deputies found a 45-cal. pistol and a loaded magazine in McGraw’s vehicle, but McGraw did not have a concealed carry permit to carry the firearm in West Virginia or Ohio, which resulted in the concealed weapons charge.
* Daniel E. Burton, 34, of 116 Franklin St., Marietta was indicted on one third-degree felony count of aggravated vehicular assault and a fourth-degree felony count of vehicular assault.
Schneider said on Aug. 27, 2013, Burton had been drinking and drove his vehicle off Ohio 676 near the WMOA radio studios. He said the crash caused injury to a passenger who was riding in Burton’s vehicle.
* Leland L. Spencer, 49, of 5700 Cooper Creek Court, Charlotte, N.C., was indicted on three fifth-degree counts of forgery for cashing fake checks in the amount of approximately $1,800 each at three Advantage Banks in Marietta and Belpre in September.
* Carrie M. Hupp, 25, of 203 Dempsie Ave., Parkersburg, was indicted on one fifth-degree felony count of theft for allegedly stealing two televisions and two air conditioners from the Marietta Wal-Mart.
Rings said Hupp was caught on the store’s security tape as she jumped into her vehicle and left the area.
* Kenneth E. Fluharty, 46, of 601 West Virginia Ave., Parkersburg, was indicted on a fifth-degree felony count of breaking and entering after he and an accomplice allegedly broke into a series of storage buildings in the Devola area and stole several items in March.
* Joshua E. Allan, 20, of 884 Greenhill Road, Marietta, was indicted on one fifth-degree felony count of receiving stolen property and one third-degree felony count of tampering with evidence.
Erb said Allan was found in possession of a stolen child-sized all-terrain vehicle in May. The ATV was originally red in color, but Allan had painted it white, which brought the tampering with evidence charge.
* Tyson C. Hill, 32, of 17273 State Route 104, Chillicothe, was indicted on one fifth-degree felony count of possession of drugs.
Erb said on Aug. 21 Hill, allegedly under the influence of drugs, wandered into the home of a woman on Maple Street in Marietta’s Harmar district. Police were notified and found Hill sweating and in a delirious state and in possession of one Klonopin (clonazepam) pill.
Erb said the charge against Hill would have been misdemeanor drug possession, but because he had a prior drug history he is facing the fifth-degree felony charge.
* Larry D. Loy, 54, of 1222 Williamson Ave., New Matamoras, was indicted on two third-degree felony counts of domestic violence and one fourth-degree felony count of disrupting public service after allegedly assaulting his live-in girlfriend and her son on Sept. 15.
* Matthew P. George, 32, of 1576 Elizabeth St., Belpre, was indicted on one fourth-degree felony count of domestic violence against his wife at their Belpre home on Aug. 3.
* Richard Newman, 47, address unknown, was indicted on one fourth-degree felony count of breach of recognizance bond after he did not show up for a probation violation hearing.
* James G. Harris Jr., 35, of 213 Fourth St., Lowell, was indicted on one fourth-degree felony count of failure to verify address change and one fourth-degree felony count of failure to periodically register his current address.
Assistant Washington County Prosecutor Amy Graham said Harris had been convicted for sexual imposition in 2012 and is a Tier 1 registered sex offender who must register and verify his current address annually.
She said he did not verify his address in August and during a compliance check authorities discovered he had moved to another location. Harris was picked up at the Washington County Fair where he was operating a carnival ride for an amusement company.
* April Calvert, 27, last known address 325 Sandhill Road, Marietta, was indicted on one fourth-degree felony count of breach of recognizance bond after she failed to appear for sentencing on Oct. 11 on a grand theft charge of identification fraud.
* Jessica D. Smith, 21, of 417 Unionville Road, McConnelsville, was indicted on one fourth-degree felony count of breach of recognizance bond after she didn’t show up for a probation violation hearing in September.