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Moorefield Examiner Danzel William Westfall, Bond

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Moorefield Examiner Danzel William Westfall, Bond Est. 1845 USPS 362-300 Wednesday, February 19, 2020 • VOLUME 129 • NUMBER 8 TWO SECTIONS • 14 PAGES • 94¢ Building Codes Ortiz Indicted for Murder Move Closer to Of 18-Month Old Child Being Required By Jean A. Flanagan two weeks prior to the fall. charges. She is being held without Moorefield Examiner Danzel William Westfall, bond. 18-months old, passed away from On Aug. 18, 2019, Emergen- his injuries on Sept. 20, 2019. Elizabeth K. Phillips, 26, of For Construction cy Medical Services were called Court documents indicate the Moorefield was charged with three to a home on Second Avenue in child s grandmother reported child counts of sexual assault in the first Moorefield. Carlos A. Ortiz Jr., abuse to the police and Child Pro- degree and three counts of sexual 28, said his child had fallen from a tective Services in June 2019. abuse by a parent or guardian. In Flood Plains porch, hit his head on the sidewalk Ortiz was charged with one Dwight T. Lewis Jr., 35, of and was having trouble breathing. count of murder and one count of Moorefield was charged with three By Lon Anderson (code) at that time.” Ortiz was one of 16 people in- child abuse resulting in death. He counts of sexual assault in the first Moorefield Examiner Commission Vice President dicted by the Hardy County Grand pleaded not guilty to both charges. degree and two counts of sexual Greg Greenwalt suggested that Carlos A. Ortiz Jr. Jury on Tuesday, Feb. 2. The de- Ortiz is being held on $275,000 abuse by a parent or guardian. The good news for the Hardy Scott make any further correc- fendants were arraigned on Tues- tails about the incident and short- bond at Potomac Highlands Re- According to court documents, Planning Commission at its Feb- tions necessary and then send it day, Feb. 11. Judge C. Carter Wil- ly determined it was unlikely the gional Jail. in August 2019, the West Virginia ruary meeting was that its draft directly to the State to get them liams presided. child would have hit his head on Allison Westfall, 27, the child’s State Police alerted Moorefield flood plain building code propos- to sign off so we can move for- According to court documents, the sidewalk. mother, was indicted on one count Police of the reported sexual as- al cleared another significant hur- ward rather than spending more Moorefield Police also responded In addition, a pediatrician at of child abuse causing death, one sault of two juveniles, ages 7 and 8. dle: a successful review of critical time circulating drafts. to the call. Ortiz admitted he was Ruby Memorial Hospital in Mor- count of child neglect causing The father of the victims reported language by the WVU Land Use Scott then presented the Com- gantown said the child s injuries his ex-wife was allegedly abusing and Sustainable Development missioners with a change of use not the child s father, but was liv- death and one count of child ne- the children during their visits. Law Clinic. permit request for a home-based ing with the child s mother and were not probable from a fall. glect creating the substantial risk In fact, in his response to the gun business in the Lost City would baby sit while she worked. There were also fractures of the of death. In September 2019, the victims County’s proposed flood plain area. “We have several business- MPD asked Ortiz to provide de- child s arms and legs older than Westfall pleaded not guilty to all Continued on page 3 code language, Jesse Richardson, es in the County that do online Jr., the lead land use attorney gun sales, she noted, and they at the Clinic, told the Commis- went before the BZA (Board of sioners that Ò in my opinion, the Zoning Appeals) because they Hardy Tour & Craft Association Holds proposed changes to the State wanted to sell ammo.” Under the Sample Ordinance are not only code, businesses selling explo- appropriate, but in most cases sive materials must go before the Annual Dinner, Reveals 2020 Tile House improve upon the Sample Ordi- BZA. nance. The current applicant is seek- “They did make some rec- ing to use 180 square feet for his ommendations and we changed business, and his property is al- them accordingly, explained ready zoned commercial, so it is County Planner Melissa Scott. in compliance with the zoning, Ò So it s out in the open here that Scott said. “They have a federal we are talking about instituting license. You need to decide what a building code. She reminded you want to do. everyone that the federal regula- After some discussion, Com- tors are moving everyone in that missioner Charlotte Bowman direction when it comes to con- made motion that because of struction in the flood plains. its small size and already being This will mean, she contin- zoned commercial, to allow it ued, that persons building in the without a hearing so long as the flood plain will likely have to hire size was that limited. The motion someone to certify that it s being passed unanimously. built to code to get the necessary The Commission also received permits. a request to comment on a pro- “The WVU Clinic said placing posed project for farm labor hous- that burden on others was accept- ing to be located on Beans Lane able, Scott said, noting that the in Moorefield. Because the dead- Planning Office does not have the line was tight, Scott and Commis- engineering expertise to certify sion President Lee Lehman had proper construction. already responded in favor of the Ò Now, it must go to the state project, but wanted to inform the with this letter (from the Clinic) other Commissioners and formal- attached, Scott explained. Once ly get their approval. the proposed code language has The letter states in part: “Al- been approved by the State, the though the specific location County Commission has to have (Town of Moorefield) is not with- a hearing, and state officials will in the jurisdiction of Hardy Coun- come down and testify in favor ty, the Hardy County Planning and explain the need for this Continued on page 5 Hardy County Ashley Anderson presents the owners of the 2019 tile house, Connie and Rick Hoover, with an original sketch of the Ben Mathias Barn. The artwork was drawn by Hardy Tour and Craft board president Kriston Strickler. The Hardy County Tour & Craft Association held their annual dinner on Jan. 28. Grants Awarded were awarded to McNeil’s Rangers ($2000), Barn Quilt Trail ($2000), Hardy County Historical Society ($1000), Moorefield Elementary School ($5000) and Hardy County Public Library Commission Holds ($15,000). Special Meeting Cary Ours, South Branch Day Report Center director, requested $17,666 from the Hardy County Commission, and Commissioner Harold K. Michael asked if she needed more. The Commission met Thursday, Feb. 13 for a special meeting. In 2019, Ours requested $25,000. She explained it was a higher amount last year for several reasons, including that Pendleton County, which had few participants, contributed the same amount that Hamp- shire County provided, so Hardy County gave more as a show of sup- port. “If I have to come back (for more money),” Ours said, “I’ll have books and numbers to show we need it. Ò I don t run a business with a huge surplus, she continued. I keep enough supplement to contribute to the Magistrate, or in the event our funds are frozen for three months. That actually happened, and I had the money to cover. Ours also asked the Commission to renew a memorandum of un- derstanding. Commissioners approved both the funding and the memorandum. “This has been our best year ever,” Ours said, noting that it’s cheap- er for the county to send someone to the Day Report Center than to jail. The Commission also adopted a resolution from attorney Hunter Mullins, regarding an opioid lawsuit regarding wrongful distribution of pain medications, in particular hydrocodone and oxycodone. Commissioner Jay Fansler gave a report on a trip to Charleston, where he and commissioner David Workman met with Hardy Coun- ty’s state representatives. Fansler requested letters of support for funding Love Memorial Clinic, and keeping open the Tucker County Landfill. The Commission approved both. The 2020 Tile House was identified as Brighton, owned by Beth See. 2 - MOOREFIELD (WV) EXAMINER, Wednesday, February 19, 2020 Opinion One Trump is Letters to the Editor Dear Editor, I was a member of the county the tax you already have. Most Ò to whomsoever much is given, of commission when the Ambulance people would not notice the addi- him shall much be required. Not Enough? For those of us who think creat- Authority was established and vot- tional amount. Get out and vote. It may be your ing the Hardy County Emergency ed against creating the HCEAA But the more wealthy would only chance to get rid of this mess. Ambulance Authority was a hor- every time it came up. see an increase and that is why so If you are not registered, you have rible mistake, we have an oppor- With a levy, the tax would be many of them are dead set against until April 21 to do so. Now There’s Two tunity to do something about it by based upon what the individual the levy. They might want to check voting for the levy. had and would simply be part of out Luke 12:48 which says in part, A.J.
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