Jury delivers mixed verdict
A Morgan County jury returned a split verdict in a two-day trial of Andy J. McCauley, Jr., 33, of Berkeley Springs on Wednesday, February 1.
McCauley faced charges of “daytime burglary” (breaking without entering), destruction of property, battery and assault, stemming from a May 2011 incident.
After just 30 minutes of deliberation, the jury returned a verdict of not guilty for the breaking without entering and assault charges. They found McCauley guilty of the two other charges — destruction of property and battery, both misdemeanors.
Circuit Court Judge Gina Groh set McCauley’s sentencing for March 5.
James Earl Pitzer, 42, of Hedgesville pled guilty to one count of fraudulent schemes, a felony, and petit larceny of railroad signal
wire in May 2011. His sentence of one-to-10 years for fraud and one year for petit larceny will run concurrently. He must also pay $3,099 restitution.
Joseph L. Cirigliano, 33, pled guilty to three counts of forgery in May and June 2011 and grand larceny in July 2011. His sentences of one-to-10 years for each of the forgery counts will run concurrently. His sentence of one-to-10 years for grand larceny will run consecutive to the other jail terms. Cirigliano must also pay $5,160 in restitution.
John Malcolm, 44, of Paw Paw pled guilty to distribution of a controlled substance and felony conspiracy. His sentences of one-to-15 years for distribution and one-to-five years for conspiracy will run consecutively. Those jail terms will run concurrently to Malcolm’s other jail sentences on Hampshire County and federal drug charges.
Nicholas J. Hoffman, 19, of Great Cacapon pled guilty to two counts of burglary in May 2011. His sentencing will take place after he returns from a program at the Anthony Correctional Center for young adults.
Tracy L. Lambright, 40, of Great Cacapon pled guilty to two counts of distribution of a controlled substance (narcotics) in April and May of 2011. Her sentencing was postponed until April, after she participates in an evaluation program at the Lakin Correctional Center for women.
Probation for Michael Vaughan, 27, of Baltimore was revoked. Judge Gina Groh reinstated his five-year probation, but with no credit for the four years he had already served on probation for the 2007 malicious assault conviction against him.
Judge Groh also revoked probation for Donald R. Rutherford, Jr., 33, of Berkeley Springs. Rutherford must now serve his original 2010 sentences of two years in jail for each of two fraud charges. Rutherford will begin those jail terms after serving sentences of one-to-15 years for burglary and a concurrent one-to-10 years for grand larceny.