Southern District of West Virginia (Beckley)
CRIMINAL DOCKET FOR CASE #: 5:03-cr-00257-1,2,3

Case title: USA v. Midland Trail, et al

Date Filed: 11/18/2003
Date Terminated: 02/02/2005

Assigned to: Judge David A. Faber

Defendant (1)
Midland Trail Resources, LLC
TERMINATED: 02/02/2005
doing business as
Cross Mountain Resources, LLC
TERMINATED: 02/02/2005
represented byDavid J. Hardy
SPILMAN THOMAS & BATTLE
P. O. Box 273
Charleston, WV 25321-0273
304/340-3800
Fax: 304/340-3801
Email: dhardy@spilmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Neva G. Lusk
SPILMAN THOMAS & BATTLE
P. O. Box 615
Morgantown, WV 26504-0615
304/340-3800
Fax: 304/340-3801
Email: nlusk@spilmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
30:820(d) VIOLATION OF MANDATORY SAFETY STANDARD
(1)
Information dismissed on motion of USA.

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None

Assigned to: Judge David A. Faber

Defendant (2)
Raders Run Mining, LLC
TERMINATED: 12/23/2004
represented byDavid J. Hardy
SPILMAN THOMAS & BATTLE
P. O. Box 273
Charleston, WV 25321-0273
304/340-3800
Fax: 304/340-3801
Email: dhardy@spilmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Neva G. Lusk
SPILMAN THOMAS & BATTLE
P. O. Box 615
Morgantown, WV 26504-0615
304/340-3800
Fax: 304/340-3801
Email: nlusk@spilmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820(d) VIOLATION OF MANDATORY SAFETY STANDARD
(1)
1 yr. Probation; $125.00 Special Assessment

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge David A. Faber

Defendant (3)
Island Fork Construction, LTD
TERMINATED: 12/23/2004
represented byHenry E. Wood , III
WOOD LAW OFFICE
P. O. Box 4448
Charleston, WV 25364-4448
304/925-9592
Fax: 304/925-2193
Email: hwood@hwoodlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820(d) VIOLATION OF MANDATORY SAFETY STANDARD
(1)
1 yr. Probation; $125.00 Special Assessment

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byHunter P. Smith , Jr.
U. S. ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 347-5104
Email: hunter.smith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/18/2003  PROBATION OFFICER ASSIGNEDas to Midland Trail . PRETRIAL SERVICES: Unassigned; PRESENTENCE INVESTIGATION: Unassigned; SUPERVISION: Unassigned. (cds) (Entered: 11/20/2003)
11/18/2003  PROBATION OFFICER ASSIGNEDas to Raders Run Mining . PRETRIAL SERVICES: Unassigned; PRESENTENCE INVESTIGATION: Unassigned; SUPERVISION: Unassigned. (cds) (Entered: 11/20/2003)
11/18/2003  PROBATION OFFICER ASSIGNEDas to Island Fork . PRETRIAL SERVICES: Unassigned; PRESENTENCE INVESTIGATION: Unassigned; SUPERVISION: Unassigned. (cds) (Entered: 11/20/2003)
11/18/20031INFORMATION as to Midland Trail, Raders Run Mining, Island Fork, Freddie Anthony Taylor (count 1) (cds) (Entered: 11/20/2003)
12/30/2003  SUMMONS(ES) issued for Midland Trail returnable 1/13/04, at 1:30 p.m., before Magistrate Judge VanDervort. (cds) (Entered: 12/31/2003)
12/30/2003  SUMMONS(ES) issued for Raders Run Mining returnable 1/13/04, at 1:30 p.m., before Magistrate Judge VanDervort. (cds) (Entered: 12/31/2003)
12/30/2003  SUMMONS(ES) issued for Island Fork returnable 1/13/04, at 1:30 p.m., before Magistrate Judge VanDervort. (cds) (Entered: 12/31/2003)
01/13/20044ORDER as to Midland Trail Resources, LLC; Raders Run Mining, LLC; Island Fork Construction, Ltd.: granting the Motions of the United States to Continue the Initial Appearance/Arraignment Hearings of the three referenced defendants; the Initial Appearance/Arraignment Hearings shall be rescheduled by the Court. cc: counsel; USA; USM; USP; Judge ( Signed by Magistrate Judge VanDervort ) (**Telefaxed to Hunter P. Smith, Neva Lusk, USPO, and USMS**) (slr)
01/14/20045MOTION by USA as to Midland Trail, Raders Run Mining to Continue Arraignment (rle)
01/14/20046MOTION by USA as to Island Fork to Continue Arraignment (rle)
01/16/20047SEALED MOTION of the United States to Disclose Grand Jury Testimony (slr)
01/16/20048ORDER as to Midland Trail Resources, LLC; Raders Run Mining, Island Fork Construction, Ltd.; and Freddie Anthony Taylor granting the Motion of the USA to disclose specified grand jury materials; delineating the proper handling and disposal of the specified grand jury materials; directing the Clerk to file the Motion of the USA UNDER SEAL. cc: counsel; USA; Judge ( Signed by Chief Judge David A. Faber) (slr) Modified on 01/16/2004
01/20/20049ORDER as to Midland Trail Resources, LLC; Raders Run Mining, LLC; and Island Fork Construction, Ltd.: scheduling Arraignment/Initial Appearance Hearings for 1:30 p.m., 2/3/04, in BECKLEY, for Midland Trail Resources, Raders Run Mining, and Island Fork Construction . cc: defendant and counsel; USA; USM; USP; Judge ( Signed by Magistrate Judge VanDervort) (**Telefaxed to counsel of record; USA; USPO; USMS**) (slr)
02/03/2004  INITIAL APPEARANCE held as to Raders Run Mining (Defendant informed of rights.) Magistrate Judge R. C. VanDervort ; Court Reporter: Electronic (slr)
02/03/2004  ARRAIGNMENT as to Raders Run Mining held ( Magistrate Judge R. C. VanDervort ; Court Reporter: Electronic) (slr)
02/03/2004  INITIAL APPEARANCE held as to Island Fork (Defendant informed of rights.) Magistrate Judge R. C. VanDervort ; Court Reporter: Electronic (slr)
02/03/2004  ARRAIGNMENT as to Island Fork held ( Magistrate Judge R. C. VanDervort ; Court Reporter: Electronic) (slr)
02/03/2004  INITIAL APPEARANCE/ARRAIGNMENT held as to Midland Trail (Defendant informed of rights.) Magistrate Judge R. C. VanDervort ; Court Reporter: Electronic (rle)
02/03/200415ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS: Upon Hearing Held 2/3/04; deft. entered PNG to Information;trial set to a jury on 9:30 5/10/04 in Beckley; pretrial hearing on motions set 11:00 4/27/04 in Beckley before Magistrate Judge R. C. VanDervort; deft did not execute a waiver of right to be present at the hearings on motions prior to trial; no bond was ordered, defendant is an organization entity; Standard Discovery Request Form executed; govt's responses to deft's standard discovery requests due 2/13/04; reciprocal discovery and filing of additional motions by deft due w/in 10 days of receipt of the requested materials and filing of the govt's written response to deft's standard discovery requests; jury questionnaires for the petit jurors on the current panel shall be made available to each party for inspection and copying. ( signed by Magistrate Judge R. C. VanDervort ) (cc: deft and counsel, USA, USM, USP; Judge; Jury Clerk) (rle)
02/03/200416ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS: Upon Hearing Held 2/3/04; deft. entered PNG to Information; Trial set to a jury at 9:30 a.m., 5/10/04, in BECKLEY; Pretrial Hearing on Motions set at 11:00 a.m., 4/27/04, in BECKLEY, before Magistrate Judge R. C. VanDervort; deft did not execute a waiver of right to be present at the hearings on motions prior to trial; Standard Discovery Request Form executed; govt's responses to deft's standard discovery requests due 2/13/04; reciprocal discovery and filing of additional motions by deft due w/in 10 days of receipt of the requested materials and filing of the govt's written response to deft's standard discovery requests; jury questionnaires for the petit jurors on the current panel shall be made available to each party for inspection and copying. (signed by Magistrate Judge R. C. VanDervort) (cc: deft and counsel, USA, USM, USP; Judge; Jury Clerk) (slr)
02/03/200417ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS: Upon Hearing Held 2/3/04; deft. entered PNG to Information; Trial set to a jury at 9:30 a.m., 5/10/04, in BECKLEY; Pretrial Hearing on Motions set at 11:00 a.m., 4/27/04, in BECKLEY, before Magistrate Judge R. C. VanDervort; deft did not execute a waiver of right to be present at the hearings on motions prior to trial; Standard Discovery Request Form executed; govt's responses to deft's standard discovery requests due 2/13/04; reciprocal discovery and filing of additional motions by deft due w/in 10 days of receipt of the requested materials and filing of the govt's written response to deft's standard discovery requests; jury questionnaires for the petit jurors on the current panel shall be made available to each party for inspection and copying. ( signed by Magistrate Judge R. C. VanDervort ) (cc: deft and counsel, USA, USM, USP; Judge; Jury Clerk) (slr)
02/09/200419RESPONSE by USA to Defendants' Standard Discovery Requests and REQUEST by USA for Reciprocal Discovery. (slr)
02/10/200420ORDER Upon initial appearance and arraignment hearing held 2/3/04 as to Midland Trail Resources and Raders Run Mining: Court found no reason to believe that a conflict of interest is likely to arise from Ms. Lusks's joint representation of the Defts.; counsel for defts. entered a plea of not guilty on behalf of the Defts. to the charges contained in the Information; scheduling Jury Trial to commence at 9:30 a.m., 5/10/04, in Beckley, for Midland Trail Resources and for Raders Run Mining ; Court did not impose any conditions of non-custodial release upon the Defts. cc: defendant and counsel; USA; USM; USP; Judge ( Signed by Magistrate Judge R. C. VanDervort ) (slr)
02/10/200421ORDER upon Initial Appearance and Arraignment Hearing held 2/3/04 as to Island Fork Construction, Ltd.: counsel for deft. entered a plea of not guilty on behalf of the Deft.; scheduling Jury Trial to commence at 9:30 a.m., 5/10/04, in BECKLEY, for Island Fork Construction ; Court did not impose upon the Deft. any conditions of non-custodial release. cc: defendant and counsel; USA; USM; USP; Judge ( Signed by Magistrate Judge R. C. VanDervort ) (slr)
02/12/200422AMENDED ORDER as to Midland Trail Resources, LLC; Raders Run Mining, LLC; and Island Fork Construction, LTD, amending the arraignment order to reflect that pretrial motions must be filed by 4/20/04. cc: defendant and counsel; USA; USM; USP; Judge ( Signed by Magistrate Judge R. C. VanDervort ) (slr)
02/24/200425ORDER as to Midland Trail Resources, LLC, Raders Run Mining, LLC, Island Fork Construction, and Freddie Anthony Taylor; granting a continuance in this matter; rescheduling the Jury Trial for 9:30 a.m., 5/10/04, in BECKLEY ; to Continue in Interests of Justice Time Excluded from 2/24/04 to 5/10/04, pursuant to 18 U.S.C. Section 3161(h)(8)(A) . cc: defendant and counsel; USA; USM; USP; Judge ( Signed by Magistrate Judge R. C. VanDervort ) (slr)
04/26/200426ORDER as to Midland Trail Resources, LLC, Raders Run Mining, LLC, Island Fork Construction, LTD, and Freddie Anthony Taylor: cancelling the Pretrial Motions Hearing scheduled for 4/27/04; granting the request of the United States to schedule a plea hearing with respect to Freddie Anthony Taylor; scheduling a plea hearing for Freddie Anthony Taylor for 4/27/04, at 11:00 a.m., in BECKLEY. Signed by Judge R. Clarke VanDervort on 4/26/2004.(**TELEFAXED to counsel of record, US Attorney, USMS, and USPO**) (slr)
05/03/200433MOTION by Island Fork Construction, LTD to Continue Trial (slr)
05/04/200434RESPONSE by USA TO 33 MOTION by Island Fork Construction, LTD for Continuance (slr)
05/04/200435ORDER: granting the Motion of the corporate Defendants to Continue the trial of this matter; rescheduling the Trial of this matter for 6/2/04, at 9:30 a.m., in BECKLEY; excluding the time from 5/4/04 until 6/2/04 from computation under the Speedy Trial Act, pursuant to 18 U.S.C. Section 3161(h)(8)(A). Signed by Magistrate Judge R. Clarke VanDervort on 5/4/2004. (cc: Judge, USA, USP, USM, counsel, deft) (slr)
05/04/2004  RESET JURY TRIAL as to Midland Trail Resources, LLC, Raders Run Mining, LLC, Island Fork Construction, LTD : Jury Trial rescheduled for 6/2/2004. at 09:30 AM. in Beckley before Magistrate Judge R. Clarke VanDervort, pursuant to (35) Order entered 5/4/04. (slr)
05/05/200436 MOTION by Midland Trail Resources, LLC, Raders Run Mining, LLC to Continue Trial Date (cds)
05/12/200438SECOND MOTION by Island Fork Construction, LTD to Continue Trial (slr)
05/18/200440ORDER granting 38 Motion to Continue as to Island Fork Construction, LTD (3); continuing the trial of this matter (as to Midland Trail Resources, Raders Run Mining, and Island Fork Construction) until 8/2/04, at 9:30 a.m., in CHARLESTON; pursuant to 18 U.S.C. Section 3161(h)(8)(A), the time period from the entry of this Order until 8/2/04 is excluded from computation of Speedy Trial Time. Signed by Magistrate Judge R. Clarke VanDervort on 5/17/2004. (cc: Judge, USA, USP, USM, counsel, deft) (slr)
07/02/200441JOINT MOTION by Midland Trail Resources, LLC, Raders Run Mining, LLC, and Island Fork Construction, LTD to Continue Trial Date (slr)
07/02/200442 MOTION by USA as to Midland Trail Resources, LLC, Raders Run Mining, LLC, and Island Fork Construction, LTD to Continue Trial (slr)
07/06/200443RESPONSE by USA to Midland Trail Resources, LLC, Raders Run Mining, LLC, and Island Fork Construction, LTD's 41 JOINT MOTION to Continue Trial (slr)
07/09/200444ORDER granting 41 Motion to Continue as to Midland Trail Resources, LLC (1), Raders Run Mining, LLC (2), and Island Fork Construction, LTD (3); granting 42 Motion to Continue as to Midland Trail Resources, LLC (1), Raders Run Mining, LLC (2), Island Fork Construction, LTD (3); TRIAL of this action is continued until 10/12/2004 at 9:30 a.m. in CHARLESTON; pursuant to 18 USC 3161(h)(8)(A) the time from the entry of this order until the trial is excludable for purposes of the Speedy Trial Act. Signed by Judge R. Clarke VanDervort on 7/9/2004. (cc: Judge, USA, USP, USM, counsel, deft) (cds)
09/10/200448SECOND RESPONSE by United States of America TO DEFENDANTS' STANDARD DISCOVERY REQUESTS and REQUEST by USA for Reciprocal Discovery. (cds)
10/04/200451ORDER as to Midland Trail Resources, LLC, Raders Run Mining, LLC, Island Fork Construction, LTD: that the parties' proposed jury instructions and voir dire, on paper and on a disk compatible with WordPerfect, along with a propsed verdict form are due 10/7/2004 . Signed by Judge R. Clarke VanDervort on 10/04/2004. (cc: Judge, USA, USP, USM, counsel, deft) (FAXED to counsel) (cds)
10/07/200452 MOTION by United States of America to Schedule Guilty Plea Hearing as to Island Fork Construction, LTD. (cds)
10/07/200453 MOTION by United States of America to Schedule Guilty Plea Hearing as to Raders Run Mining, LLC. (cds)
10/07/200454ORDER granting 53 Motion to Schedule Plea Hearing as to Raders Run Mining, LLC; Guilty Plea Agreement Hearing set for 10/12/2004 10:30 AM in Charleston before Magistrate Judge R. Clarke VanDervort. Signed by Judge R. Clarke VanDervort on 10/7/2004. (cc: Judge, USA, USP, USM, counsel, deft) (cds) (Entered: 10/08/2004)
10/07/200455ORDER granting 52 Motion to Schedule Plea Hearing as to Island Fork Construction, LTD; Guilty Plea Agreement Hearing set for 10/12/2004 10:00 AM in Charleston before Magistrate Judge R. Clarke VanDervort. Signed by Judge R. Clarke VanDervort on 10/7/2004. (cc: Judge, USA, USP, USM, counsel, deft) (cds) (Entered: 10/08/2004)
10/12/200456SPECIAL ASSESSMENT PAYMENT as to Raders Run Mining, LLC. Receipt No. 15517 (CHAS); Amount: $125.00. (cds)
10/12/200457Minute Entry for proceedings held before Judge R. Clarke VanDervort : PLEA HEARING as to Island Fork Construction, LTD (Court Reporter Debbie Bsharah.) (cds)
10/12/200458EXHIBIT LIST by United States of America as to Island Fork Construction, LTD (Exh. #1 Plea Agreement was docketed separately) (cds)
10/12/200459PLEA AGREEMENT as to Island Fork Construction, LTD. (cc: U.S. Probation Office) (cds)
10/12/200460WRITTEN PLEA OF GUILTY by Defendant Island Fork Construction, LTD. (cds)
10/12/200461CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE IN A MISDMEANOR CASE by Island Fork Construction, LTD (cds)
10/13/200462Minute Entry for proceedings held 10-12-04 before Judge R. Clarke VanDervort :CHANGE OF PLEA HEARING as to Raders Run Mining, LLC (Court Reporter Debbie Bsharah.) (rle)
10/13/200463CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE IN A MISDEMEANOR CASE by Raders Run Mining, LLC (rle)
10/13/200464EXHIBIT LIST by United States of America, Raders Run Mining, LLC as to Raders Run Mining, LLC (rle)
10/13/200465UNANIMOUS WRITTEN CONSENT OF THE SOLE MEMBER OF Raders Run Mining, LLC (admitted as Defendant's Exhibit 1 at the Plea Hearing)
10/13/200466PLEA AGREEMENT as to Raders Run Mining, LLC (presented as Government Exhibit 1 at the Plea Hearing). (cc: U.S. Probation Office) (rle)
10/13/200467WRITTEN PLEA OF GUILTY by Defendant Raders Run Mining, LLC. (rle)
10/13/200468ORDER as to Raders Run Mining, LLC: Defendant appeared 10/12/04 for the purpose of considering its plea to the single-count Information. A document titled "Unanimous Wrriten Consent of the Sole Member of Raders Run Mining, LLC: and a written plea agreement were presented to the Court; the plea agreement was conditionally approved. Defendant executed a written plea of guilty. Sentencing set for 12/21/2004 11:00 AM in Beckley before Magistrate Judge R. Clarke VanDervort. Signed by Judge R. Clarke VanDervort on 10/13/2004. (cc: Judge, USA, USP, USM, counsel, deft) (rle)
10/13/200469ORDER as to Island Fork Construction, LTD: Defendant appeared 10/12/04 for the purpose of considering its plea to a single-count Information. A written plea agreement was presented to the Court and was conditionally approved. Defendant executed a written plea of guilty. Both documents were ordered filed w/the Court. Sentencing set for 12/21/2004 10:30 AM in Beckley before Magistrate Judge R. Clarke VanDervort. Signed by Judge R. Clarke VanDervort on 10/13/2004. (cc: Judge, USA, USP, USM, counsel, deft) (rle)
10/14/200470PROBATION OFFICER ASSIGNMENT FORM as to Island Fork Construction, LTD. Presentence Investigation: Debra L. LaDoucer. (cds)
10/14/200471PROBATION OFFICER ASSIGNMENT FORM as to Raders Run Mining, LLC. Presentence Investigation: Debra LaDoucer. (cds)
12/21/200487Minute Entry for proceedings held before Judge R. Clarke VanDervort:SENTENCING as to Raders Run Mining. (Court Reporter Electronic.) (jkk)
12/21/200488Minute Entry for proceedings held before Judge R. Clarke VanDervort:SENTENCING as to Island Fork Construction. (Court Reporter Electronic.) (jkk)
12/21/2004  RECEIVED FROM Raders Run Mining, LLC. a check in the amount of $50,000.00 Receipt No. 2802. (cds) (Entered: 04/19/2005)
12/23/200489JUDGMENT as to Raders Run Mining, LLC: Count 1:1 yr. Probation; $125.00 Special Assessment; Deft. shall submit a check in the amt. of $50,000.00 to the USDC Clerk and the clerk shall distribute $40,000.00 to Mrs. Bonnie Martin, widow of the late Gary Martin, and $10,000.00 to Mr. Larry Williams. Signed by Judge R. Clarke VanDervort on 12/22/2004. (cc: Judge, USA, USP, USM, counsel, deft) (cds)
12/23/200490SEALED DOCUMENT (cds)
12/23/200492JUDGMENT as to Island Fork Construction, LTD: Count 1: 1 yr. Probation; $125.00 Special Assessment . Signed by Judge R. Clarke VanDervort on 12/22/2004. (cc: Judge, USA, USP, USM, counsel, deft) (cds)
12/23/200493SEALED DOCUMENT (cds)
01/31/2005103SPECIAL ASSESSMENT PAYMENT as to Island Fork Construction, LTD. Receipt No. 2881; Amount: $125.00. (cds)
02/01/2005104PROBATION OFFICER ASSIGNMENT FORM Supervision: Kenneth Sales, Jr. (mls)
02/01/2005105PROBATION OFFICER ASSIGNMENT FORM Supervision: Kenneth Sales, Jr. (mls)
02/02/2005106ORDER as to Midland Trail Resources, LLC: granting motion of USA to dismiss the single count Information filed against Midland Trail Resources, LLC.. Signed by Judge R. Clarke VanDervort on 2/2/2005. (cc: Judge, USA, USP, USM, counsel, deft) (Midland Trail Resources, LLC terminated as party) (rle)
03/01/2005107LETTER to Clerk, from US Attorney dated 2/17/2005, re: Indicating Defendant has Paid Assessment in Full and They are Closing the Record in the Case.
03/01/2005108LETTER to Clerk, from US Attorney dated 2/17/2005, re: Indicating Assessment has been Paid in Full and They are Closing Their Record.
03/16/2005109CLERK'S ORDER REASSIGNING CASE. Case reassigned from Magistrate Judge R. Clarke VanDervort to Chief Judge David A. Faber. (cc: defendants; attys; Judge). Signed by Clerk of Court Teresa L. Deppner on 3/16/2005. (rle)
09/01/2005121TRANSCRIPT OF PLEA HEARING as to Island Fork Construction, LTD held on October 12, 2004 before Magistrate Judge R. Clarke VanDervort. Court Reporter: Deborah Bsharah. (cds) (Entered: 09/02/2005)
09/01/2005122TRANSCRIPT OF PLEA HEARING as to Raders Run Mining, LLC held on October 12, 2004 before Judge R. Clarke VanDervort. Court Reporter: Deborah L. Bsharah. (cds) (Entered: 09/02/2005)