October 23, 2025 • 41 mins
Host Jeff Jenkins and Harvey or Tom from the Peyton Law Firm discuss legal issues from listeners and matters affecting local politics.
More info: www.PeytonLawFirm.com
(304) 755-5556
2801 1st Ave, Nitro, WV 25143
The Peyton Law Firm was founded more than 30 years ago by Harvey Peyton, who was joined by his son, Tom Peyton. For more than 50 years, the Peyton team has successfully represented clients in courtrooms throughout WV and southeastern Ohio. The firm is known for its active community involvement and straightforward advice.
More info: www.PeytonLawFirm.com
(304) 755-5556
2801 1st Ave, Nitro, WV 25143
The Peyton Law Firm was founded more than 30 years ago by Harvey Peyton, who was joined by his son, Tom Peyton. For more than 50 years, the Peyton team has successfully represented clients in courtrooms throughout WV and southeastern Ohio. The firm is known for its active community involvement and straightforward advice.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
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Speaker 2 (00:15):
The views and opinions expressed on this program do not
necessarily reflect the views and opinions of five adwchs it's
employees or WVRC Media, Our.
Speaker 3 (00:25):
Courts, Oh created equal.
Speaker 4 (00:34):
Well Mass come here.
Speaker 5 (00:35):
In a Kate.
Speaker 2 (00:37):
Can robson up on.
Speaker 5 (00:57):
This is five eighths the voice of Charleston. I'm Jeff Jenkins.
It's eight twenty on this Thursday morning. I'm setting in
for Coop. But this is a familiar chair for me
because I had the opportunity to host the Peyton Laws
show for years, yeah, until about a year ago and
Coop took over there. So Harvey Payton is in. This
(01:18):
is like old times.
Speaker 3 (01:19):
It is indeed, it's good to be here. Tom has
been here the last old two or three weeks. As
I was telling you off air, my wife and I
went out to Utah to Provo to see the Mountaineers
play BYU and football on a Friday night. We just
stayed for about ten days to see and all the
(01:40):
parks in Utah, the national parks are open. The state
of Utah. Their tourism division did the Saint has done
the same thing that our tourism division has done with
Harper's Ferry and New River Gords. They are paying the
National Park Service to keep the visitor centers and the
publicly accessible areas. And so we were able to go
(02:00):
to Capitol Reef and Chris went to the Monument Valley, but
that's not that's in the Navajo Nation. It's an equivalent
of a National park, but it's operated exclusively by the
Navajo Nation. We could see canyon lands and arches and
stopped at a We couldn't go to Masa Verde because
that's in Colorado and Colorado's closed down. So we went
(02:21):
to a little town called Bluff's, Utah, which was a
delightful place. A town of three hundred people, had a
really nice hotel. That's sort of in the middle of
the Bear's Ears National Monument, founded in eighteen eighty or
eighteen seventy nine by a group of Mormon pioneers who
fought their way across the Grand Canyon, and he's in
(02:42):
almost insurmountable physical barriers to get into this little valley.
It's quite a story and we had a great time.
Got back last week. Not a lot of news breaking,
you know, on the on the state front. Really, we've
legislative sessions getting ready to convene here in January. We've
(03:02):
got a couple of months out. The interims have been
going on. There's been some discussion, and we spoke of
this Coop and I did about a month ago or
so when this you first popped up in an op
ed that was in the gazette. And then I think, well,
I know Commissioner Selango was on the show. Here the
I think Dave Allen show to talk about. It's the
(03:26):
issue of when does the person become eligible for release
from prison if they're convicted of the crime a first
degree murder. Now West Virginia, murder is still governed by
common law rules. Mean, we have a statute that says
murder in the first degree is arson, poison, lying in wait,
(03:46):
or in the commission of a felony. It's all inclusive
in one statue. They go to Pennsylvania, they have a
first degree murder premeditated murder, and they have no parole whatsoever.
They have second degree murder, which has no parole, But
it is the equivalent of our felony murder rule. It's
just another way of saying felloning murder. It doesn't imply
(04:06):
less culpability or less premeditation. It's just a different way
of statutorily defining the crime. You know, we had the
death penalty in West Virginia into nineteen sixty five, so
the alternative to the death penalty was life in prison,
and there was a provision the death penalty was abolished.
Life in prison without the possibility of parole as the
(04:29):
maximum functional equivalent of the death penalty in West Virginia.
That is, for a killing that's both intentional malicious, that is,
with a dark and evil heart, and some degree of premeditation.
Although under the common law rule here in West Virginia,
premeditation can be instantaneous. It can be the time it
(04:50):
takes a person to draw a weapon. It could be
the time it takes a person across the room. It
doesn't imply, as you often see on like forensic files,
people who plan and premeditate for days, they look up
on the internet how to get away with murder? Clearly
a thought out process which implies obviously greater criminal intent
(05:13):
or cyenter and if you plan as opposed to an
occurrence that may happen over of course, for a few
minutes or even a few seconds in a crowded room
or a home. But when the death penalty was abolished,
the less lesser degree of confinement for murder in the
(05:35):
first degree was eligibility for parole after ten years. In
nineteen ninety four, that eligibility was increased to fifteen years.
We still don't have the death penalty. I spoke with
Coop about number one. I thought the op ed was
a bit misleading because it implied, and I think it
(05:58):
would a dangerous implication for the public, is that any
number of people convicted the first degree murder or walking
out of confinement after fifteen years. As a practical matter,
that's not the case. As a practical matter, about twenty
anywhere between twenty five and thirty years is the minimum
(06:18):
period that the pro board is going to consider to
release anyone who's been convicted of first degree murdered. It
is the worst offense you can commit. God's most precious
gift is taken away in his presentation. And actually I
heard from ben On. I think it was an email
message or maybe a comment on Facebook his point, which
(06:40):
is well taken. He's married to Terra Selanga and Terry's brother,
Todd Farley was killed in a murder that took place
at in Danny's restaurant at in Nitro. Hearing all the
evidence that Jerry recommended mercy. That was back Houston. The
murder took place in ninety four, in ninety two. Convicted
(07:00):
in ninety four. You know, his eligibility was ten years
because the lesser statute applied. But he's still in prison
thirty three years later. However, that requires the family. Now,
Todd's bomb just died last year. Sadly, Terry's mother passed away.
(07:20):
May have been earlier this year, but they've they've made
eight trips to make appearances before the pro board. Now,
even though the practicality is that person's probably not going
to be released, the families, those persons who have suffered
the most feel compelled and I think appropriately so, to
(07:42):
make an appearance and express their opposition to that person's release. Well,
that certainly is a It just picks the scab every
couple of years. So in my position, I think, don't
be We shouldn't act on an emotional impat people are
being released after fifteen years because they aren't. But I
(08:04):
agree with Ben and other people that the legislature should.
Why don't we just adopt what the practical, the factual
situation is now. I mean, if the pro board is
not releasing people, they have sort of an unwritten rule
it's going to be twenty five to thirty years. Then
make the minimum for eligibility thirty years. I mean, there's
(08:29):
any I don't think anybody would say that serving thirty
years in prison is excessive for the crime of first
degree murder if you're convicted. So I think that there
was some talk I saw in the interims about twenty
five years to thirty years. I think that's certainly appropriate.
We'll see what the legislature does with it. My fear
was that, you know, somebody's going to take the idea
and sort of politically thumped the tub that people are
(08:51):
walking free in fifteen years, and therefore, well, let's just
bring back the death penalty, which we I'm opposed to.
We don't need. The murder rate is exactly the same
in West Virginia now with approximately the same population as
it was nineteen sixty five when he had the death penalty.
(09:12):
We did have some calls. I mean, Jerry, who's a
regular caller, had two words and Harold Gano. Harold Ganeaux
is a terrible example of what can happen when the
system fails. Harold Ganeaux was convicted of first degree murder
based upon a confession that he gave without counsel, and
(09:32):
when that conviction was set aside, then he was allowed
to plead guilty the second degree murder, which at that
time was not less than five no more than eighteen
years in prison. Someone in the Division of Corrections somehow
thought it was appropriate to send the man to a
half way house, to a work release center here in
Charleston after it had served three years. Well, you know,
(09:54):
you just look at a lot of face and say,
you know, wait a minute. This man was convicted of
first degree murder in a bad confession. The prosecutor doubted
whether he could get a conviction without the confession, so
he pleaded the second degree. But it's still the same person,
And why are you letting him walk the streets, which
he did actually encountered the prosecutor, Pobby Spaulding that sent
him to prison. Well, then he killed another person. He did.
(10:17):
He murdered a young woman who was quite a decent person,
was a social service worker here in Charleston, and now
he's back in prison for life. Of course, my response
to all, I have two words to counter that. They're
fred Zaine. Fred Zaine. Most people remember, maybe a few
don't remember that he was a chemist at the State
(10:37):
Police Laboratory who just fabricated test results. I don't think
we had DNA as advanced at that time. But he
was just a go to person to connect people to
a criminal activity based upon his interpretation of forensic evidence
which was conclusively proven just to be false. He made
(10:59):
it up. He just decided who should and shouldn't be convicted.
And he was disgraced he had He had left here
by the time that his scheme was oncovered. He was
down in Texas doing the same thing and it resulted
in probably one hundred convictions here being reviewed by the
State Supreme Court, many of them set aside because without
the bogus forensic evidence, there was no evidence I would
(11:20):
add a you know you've also do you remember Robert Springsteen? Yes, yeah,
Robert Springsteen, who was a teenager from West Virginia somehow
found his way to Texas. Uh. And approximately the same
time there was a terrible crime committed. There. Four young
girls who were working in a yogurt shop. I think
it was not tcb y, but something along those lines
(11:42):
were murdered. Uh, maybe in a robbery, maybe just in
an active peer on adulterated violence. Uh. One person was
convicted or confessed. It was determined that that confession was bad.
The same detective who had elsted that confession. Then somehow
(12:05):
through informants, got the name of mister Springsty. You know,
I think he was from up around Cedar Grove. Picked
him up, questioned four hours and hours without the assistance
of council, confessed to these murders. Was tried, He retracted
his confessions. I would have said anything to get out
of that room, but he went on trial, was convicted
(12:27):
by a Texas Theurian, sentenced to death. Spent six years
on death row in Texas until the extremely conservative Texas
Supreme Court said, you know, this confession's just no good.
So he was released but still under the threat of prosecution. Well,
guess what happened About two months ago. The DNA of
(12:50):
a serial killer, a savage, brutal serial killer who had
committed suicide after being apprehended I think Missouri for a
multiple death, was matched with the DNA found that the
scene of the yogurt shop murders, exonerating mister Springsteen, who
had been on death row. It's just just something, you know.
(13:11):
There's no mistake. You can't make a mistake with the
death penal. You cannot rectify it. We've got a policy.
We have a statute here people who are confined for life.
It means life. Now. We did have one case, you
may be familiar with it. It was the Russell family
who were up from up around Chesapeake. The man and
his wife ran a store and there was a robbery.
(13:33):
The man was killed, his wife was savagely beaten. They
were both convicted of first degree murder, one of whom
reformed himself in prison, and Governor Caperdon commuted his sentence
to life with the possibility parole and he was released.
Other than that, that's where you stay once the door
(13:55):
slam shot behind you. You don't leave until you leave
in a coffin. So we'll see what the legislature does
with that. I think it's a point well taken by
the families of the victims. If, as a practical matter
of the pro board is not going to release folks,
why go through this sort of painful serade of having
a hearing every two years. Just make it what it is,
(14:17):
a thirty year wait. If you serve thirty years in
prison and you're remorseful and somehow made some steps to
make your life meaningful again, nobody's going to bring the
deceased back in the family obviously, never once that person released,
don't blame them. They're dead relatives, not coming back. But
(14:38):
if the law says we have some chance or redemption,
then let's make it realistic.
Speaker 5 (14:43):
So you think, Harvey, that there's obviously there's information out
there on what say you take a period of time,
So you take fifteen or twenty years and see what
the parole board has done with those hearings and see
if it is as you said, it's you know, it's
kind of unwritten things. Twenty five to thirty years, then
you'll have some evidence, I mean, you'll have some oh
(15:04):
to show information that would buck that up. What the
years should be?
Speaker 3 (15:07):
Well, I'm trying to think it was Howard. I can't
think of his last name. He was the warden that
met Olive and he was the ward a Huytensville for
a while, and then after he left the state employment,
he actually did some work with us at the office
as an investigator, and it was we talked about this
and he said, oh, Harvey, but you know it's twenty three,
twenty four, twenty six years. It's just we know we're
(15:30):
going to keep him that long because the proboard as
not going to turn them loose. Now. I haven't talked
about this with Kylinge Dunlap Brown. Tiling is really I
think a good friend of mine. She's from Putnam County
and she was on the pro boards. He's back now
after a really good career as a magistrate. But yeah,
these records are available. Take a look at the here's
(15:53):
what is practically happening. So if this is what is
practically happening, why are we putting these families of the
vic them through this interminable process. It's not a charade,
I mean, it's real. But if the practical consensus to
the board is we're not going to release or make
(16:14):
eligible for parole folks in less than twenty five or
thirty years. Okay, then just make that the law and
at least the family's then will generationally, Uh, you're a
generation removed from the Act. So we'll see what happens.
Someone will introduce a deathbed. Well, the two things that
we can be sure of is right as reign is
(16:35):
going to happen the first day of the legislature, is
someone's going to introduce a bill to erect a shrine
as Charlie Kirk. And then another bill is going to
be introduced or reintroduced to death penalty's that's the sure shooting.
I bet the farm on that. But well, let's see
what happens. I think, you know, Ben Solanga makes a
really good spokesman for his side of the equation. His
(16:58):
wife is a living example, you know. I guess the
good thing is that there his mother did not live
to see, nor did Todd's dad. He's deceased, did not
live to see this person walk free. And that's not
going to change because he can't be resentenced. He's still
going to remain eligible for parole hearings every two years.
(17:19):
He's set up again next year. But it will save
the future victims from that sort of imposition.
Speaker 5 (17:25):
It's a thirty six. This is ask the lawyer Harvey
Payton or the Peyton Law Firm in Nitro three or
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Peyton Law Firm number of Peytonlaw dot com. Or you
can call us talk to us three or four three
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Speaker 2 (17:50):
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Speaker 5 (19:35):
This is five ADCs The Voice of Charleston eight thirty
eight on this Thursday morning. I'm Jeff Jenkins with Harvey Peyton,
the Peyton Law Firm in Nitro. A Thursday morning staple
here on five ad WCCHS and Harvey. We've heard in
the last couple of days some more information about some
(19:55):
tax liens involving now our senator, US Senator Jim Justice.
There's a hoppy commentary today. There's a story about some
tax liens that have been filed and kind of the
same road that we've kind of traveled before.
Speaker 3 (20:08):
Yes, it is one thing it emphasized and wanted to
just briefly say from the bottom of our heart and
the city of Nitro. A great reporter, Kenny Bass passed away.
Great reporters and the free press make a big difference.
Kenny Bass broke the story about the Shenanigans at the
Supreme Court. It has resulted in a monumental shift. You've
(20:29):
got Brad Michaelhaney, who was a print journalist with the
Daily Mail Corporation for the Charleston Gazette Daily Mail Corporation
now is with this station. A great reporter, fearless has
reported consistently and Hopies commented on this on the tax situation,
the debt situation with our former governor now United States
Senator James Justice, You've got to look at these stories
(20:54):
that somewhat differently. The first story that was broken by
Politico first is that there are tax liens filed against
Senator Justice and his wife personally in Greenbrier County for
several million dollars for non payment of or at least
stated non payment of income taxes. You've got to be
(21:17):
careful about that. I mean, certainly, it's not a good
thing to have a tax lien filed. But you know,
these these lians date back to tax periods that ended
in two thousand and nine twenty ten, and oftentimes, if
a taxpayer is in a legitimate dispute with the IRS
about the amount of money that's owed, that does not
stop the service from adding significant penalties and interest to
(21:41):
the actual tax amount, so that the amount owed often
exceeds by five times what any potential tax liability could be.
It's not a good thing, certainly, to have a United
States Senator with these big lians by the Internal Revenue Service.
I would take a wait and see attitude somewhat on
(22:03):
those if it's if it is not willful failure to pay,
if it's a legitimate dispute, then and the service is
getting leveraged by adding penalty and interest and then leaning
the full amount, Well that's just a tactic that's used
to put pressure on the taxpayer. Now, on the other hand,
(22:23):
the story that was broken by Brad Michael Haney and
written about over the last couple of days is the
tax liens. Another set of tax liens filed in Greenbrier
County against the corporate entities that own the Greenbrier Sporting
Club and the Greenbrier Hotel, but they are corporate entities
controlled by the Justice family for failre to emit sales tax.
(22:51):
Now that's serious. That is when you talk about fail
to emit sales tax, those are not numbers that are
conceived by the taxing authority. I mean the people who
are in the business of retail sales services know and
are obligated to collect sales tax at the time of
(23:12):
the transaction. They have to report their sales on a
regular basis large corporations on at least a thirty day
basis to the state tax Commissioner's office, so that the
tax commissioner can then determine what amount of money from
your growth sales has to be remitted or paid over
to the tax commissioner to be placed in the state treasury.
(23:35):
Sales tax six percent or seven percent if you're in
a municipality, and that one percent then goes back to
the municipality paid by the state to the municipality. So
those are hard numbers. If you see a five hundred
and fifty thousand dollars Lean file for fail to emit
sales tax, that's a solid number. Either the money was
paid or it wasn't. The thing is, the money was
(23:58):
paid by the purchasers, Folks who stayed at the Greenbrier Hotel,
or went to the Sporting Club the Sneed golf course,
bought overpriced and really expensive Casmir sweaters, or maybe went
to the spot the Greenbrier for treatment.
Speaker 5 (24:18):
Or had dinner at the Jerry West forty four prime
Sure whatever, Yeah.
Speaker 3 (24:21):
Well, yeah, those are all paid. They're on your bill
when you check out. Somebody put them on their credit card,
or they wrote a check, or they paid cash and
the money was paid into the entity. And those are
trust funds. Now, on a higher level, I'll be honest,
I'll say this. I've never represented a merchant who's been
(24:44):
charged with failir to emit sales tax. I have represented
small business people who have been pursued by the federal
government for fail to emit other trust funds like taxes
for employees, and people get to prison for that with
(25:05):
great regularity. Yesterday, after seeing the story, I took a
second to look at the State Tax Department's website. There's
actually a publication that anyone can look at. It's publication
TSD hyphen four oh seven, which specifically thoughts about West
(25:30):
Virginia sales tax collection requirements. One of the sections is
in bold print failure to remit, which is what these
lians represent. Failure to remit more than once. One of
the sections is in bold print failure to remit, which
is what these lians represent, failure to remit more than
(25:54):
one thousand dollars. And clearly five hundred and fifty thousand
or a million three hundred thousand is way over one
thousand dollars. Any person who willfully fails to remit the
tax collected as required by law for more than thirty days,
and these leans all indicate more than thirty days is
guilty of a felony can be fined not less than
(26:15):
five thousand dollars or twenty five thousand dollars we're in
prisoned or both. I think the prison sentence is three years.
My question, in my mind, after numerous leans having been
filed over the past two years, somebody is willfully not
(26:35):
remitting the money. I mean, it's not as if well,
we've just made a mistake that one sacked quarter. But
where's the prosecuting attorney of Kanawha County in Greenberg County
in this mix? I mean that money was collected and
not remitted in Greenber County. It should have been remitted
to the State Task Commission in Kanawha County. I think
that either county would have venue. I mean a grand
(26:59):
zeer he convening and jerking some of these officials up
here to find out what the deal is, might get
this thing moving and stop it again. It's just not right.
It's not right to take money from people. That's a million,
three hundred thousand dollars that people paid over and think, well, gosh,
that's that tax libbility that somebody's keeping and using, probably
to cover up for inefficient operations.
Speaker 5 (27:21):
Let's go to the line. Well, yeah, Bob, you're on
the earth, Harvey. Thanks for calling, Bob. Go ahead, Hello, Bob.
Speaker 4 (27:27):
There's one aspect of these tax troubles that hasn't been
talked about. I don't know what the nature of the
three may and from nine and the five million from
sixteen is, but if it has to do with his
adjusting his tax returns, the IRS will send the copy
(27:52):
of those adjustments to the state, and the state is
potentially going to hit him with another big bill because
of the changes in the If it was tax returns,
I'm not sure whether it was tax returns or not,
but if it was tax returns, he's potentially going to
get in deeper there.
Speaker 5 (28:13):
Thank you, Bob.
Speaker 3 (28:14):
Yeah, that's true, Bob. And I don't mean to imply
by saying that you know, these big leans are subject
let's wait and see. I mean it's serious. The IRS
does not make up potential tax liability. They are pursuing
what's perceived to be legitimate tax liability. Perhaps it's an
adjustment made on our return. If it is, and certainly
(28:35):
the state of West Virginia has an interest in that,
and that may well surface. We just have to wait
and see. The secondary issue about fail to emit sales
taxes I think is as offensive or more offensive to
the people the state of West Virginia than aren'tgoing dispute
with the I R S because us we now, I'll
(28:59):
say this a matter of disclosure, I have not been
to the Greenbrier in a long time, and I'll be honest.
One of the reasons is I just do not want
to fund the people who own it, period. I mean,
there have been some some conventions there for groups of
which I'm a member, but I'm just not going to
go and not going to sit and pay sales tax
(29:20):
on a six hundred dollars a night room that somebody's
going to keep to keep afloat and inefficient operation. It's
just not right. Not when I have seen clients of
mine who have mistakenly tried to keep their business going.
A guy that runs a car wash, he just can't
afford to pay his employees and pay all of his bills,
(29:42):
and he's got the money in the bank to remit
that what they call nine forties or nine forty one's
they're withholding so security withholdings or withholdings for Federal income
tax and They just use that money to keep the
business going, keep them thinking, well, if I just keep
it going for another month, things are going to get better.
Things are going to get better. Then they don't get better.
(30:03):
Then they get a lean, then they get a revenue
agent calling them, Then they get a summons, and then
it's in federal court, and some of them have spent
two years in prison. Now I think you know the
businessmen who can make a legitimate case. Look, I was
just trying to keep this afloat. I'm not living a
(30:23):
high lifestyle. I'm just trying to You know, those folks
generally suffer civil penalties, probably shut the doors of their business.
They're not usually prosecuted if you're driving to work, However,
in an Eldorado or for instance, if you're flying back
(30:44):
and forth from National Airport to the airport in Greenbrier
County four days a week and a private jet so
you can go to your job and still sleep at
your house in Louisbourg, that might not reflect well in
the for the enforcement authority. If you plead, well, I'm
just trying to keep the business going here at the
Greenbrier Nay nay, nay, right, That's why I would certainly
(31:08):
think that the prosecuting authorities who have certainly had the
ability to convene a grand jury and to summon the
people who are responsible for making these payments. So where
is the money and how is it spent? How much
of it is reflected in the lines of credit that
the senator shows he is he owes the Greenbrier. I mean,
(31:31):
is the money going in and going out to pay
for a private jet to fly the man back and
forth from DC with his puppy when he should be
over there in Washington trying to do the people's work
and get this government back it. But I mean, that's
all that's almost tainted with my political thoughts, and I
want to stay away from that. But this I just
view this set foe to emit as really serious. It
(31:52):
happened last year, all this Hocum Hoppy pointed it out,
and his commentary today, I would commend everybody to online
Metro News read hopies commentary. Continue to listen. Does that
play again today on the station? Played this morning? Yeah?
Speaker 5 (32:07):
I played this morning. You can listen to it on
the podcast. Okay, Metro News this Morning, you listen to
it right now on the podcast.
Speaker 3 (32:13):
Yes, right now. You can also listen to this show
on the podcast, So call in and ask a question.
We'll have a little tay to day here and then
you can listen to yourself on the radio talking to
me or me talking to you.
Speaker 5 (32:24):
Yeah, so last year, am I right Harvey that he
kind of said there's a plan we've got to deal
with the tax department or whatever, and they just kind
of were withdrawn.
Speaker 3 (32:35):
Yeah, well let's see that. Let's see that plan, right,
wouldn't that be something nice? And I will say I
want to say, you know, I'm the current administration Governor
Patrick Morrissey, and his officials, at least in the one
matter that I'm involved in, are far more transparent and
(32:57):
far more willing to say, well a mistake was here
or there and let's straighten it out. And ever saw
from the previous administration, we've got a little ring here,
which might mean we have another call. I'm not sure
any event, It's a story to pay close attention to,
and I hope the folks that go online. It defies politics.
(33:19):
It is simply a fact that people should pay their taxes.
And if you collect money from people who in good
faith splurs for a weekend that the greenbron stretch themselves
to pay their bill and pay the taxes. You ought
to take the money and pay it over to the
state where it belongs.
Speaker 5 (33:35):
We got a call from ENUS. You're on with Harvey.
Go ahead, sir.
Speaker 8 (33:38):
Well, there's a couple of things. One thing is this
whole thing shows the incompetence of the prosecutor system in
West Virginia. There's too much power that's given to these prosecutors,
whether they can both on this criminal matter you were
talking about and on this Jim Justice matter. There's just
(34:01):
too much leeway given to prosecutors. I think that's the
biggest problem we have here in this state. And the
second thing with Justice, why can't he just get a
motel room in Washington, d C. What's what's the big
deal about that he has to be at home every night?
Just doesn't make any sense.
Speaker 3 (34:20):
Well, doesn't all?
Speaker 8 (34:21):
He could almost drive, He could almost drive that distance
if he wanted to do it every day.
Speaker 3 (34:26):
Well, I think that's a question that someone should post
to the Senator if he would ever have an open
press conference and take real questions from real reporters. But
I don't think you're going to see that happen. I
mean yeah, I mean Joe Manchin had a boat, but
he parked over there in Crystal City, someplace where he
would go in the evening. So Robert Bird had a
house there. Jay Rockeferrell there had a home and he
(34:48):
could be critical of these senators. I mean it was
a rip on Jennings Randolph was that he using Elkins
address of the Tiger Hotel and had a home in
d C. But it's important that you be close to
where you work. We saw what happened for eight years
when the governor wouldn't come and live in Charleston. He
would be coaching Burrols basketball while the legislature was in
session trying to deal with serious issues confronting this state.
(35:12):
And think about this, how would you like to be
down in Wyoming County, good solid, hardworking people, or mike
Dale County or Parsamingo County where you turn on to
Spicott and the water looks like something that came out
of a sewer line, and you're being represented in Congress
of the United States by somebody who takes their money
(35:33):
and flies back and forth on a private plane. Why
do I get on that plane and fly to an
airstrip in Gilbert and get off and have a little
swig of that water. We're not going to see that happen.
I mean, what's been done to the southern part of
this state is an absolute disgrace. That water system, that
water problem. Can you imagine that happening in California or Texas,
(35:57):
which is a red state, or California that's a blue state,
or New yor York or or Florida. It wouldn't be
permitted to happen. But we've got a whole generational of
people who are forced we we've got a DP that's as well.
It meets drinking water standards. Well, I suspect if we
found a mud hole out here after a rainstorm, it
probably meets drinking water standards. But do you want to
(36:18):
drink it? I mean, it's just a disgrace, and I
hope Governor Morrissey and his administration can take you know,
if you've got a big rainy day fund, that's one
place to look get some money and fix those water
systems down there.
Speaker 8 (36:30):
They talk about having a broad band and all this stuff,
because that talked about this a long time ago. These
people don't even have decent water and soooed's treatment system.
Speaker 3 (36:40):
Well, who's gonna yeah, who's gonna go to live there?
Speaker 8 (36:42):
Inane? Really, it's insane.
Speaker 3 (36:43):
Really, you've got you've got wealth. You could drive into
mcdale County and there's a sign that says mike Dale
County Heart of the billion dollar coal Field. Well that's
an understatement. It's a trillion dollar coal field.
Speaker 8 (36:54):
Yeah, look where's all that money going. I do business
down there. I've been to Gary in places like that,
and you see burned out houses and it's just welched
and it's bad. But you go to Gary and Davy
and some of those other towns down there to.
Speaker 3 (37:10):
Horrible Oh yeah, red Jacket or yeah, thanks, And Jeff,
you've seen it in the area that you grew up
in the eastern end of Dave Hardy grew up up there.
I mean, all of my relatives, most of my family
lived around Chesapeake and Kelly's Creek, Campbell's Creek. Bell my
(37:31):
family moved to Saint Alive. My dad was born in Gallibridge,
but we you know, we've been in Saint Albans since
the thirties. Uh, they get the short end of the stick.
The money goes out and it never comes back. For
a little park that's considered a big deal. Sharon Dawes
Elementary was used for decades by the Claw County Wood
of Education as a dumping ground to punish bad teachers.
(37:52):
They'd send them up to Sharon Dawes. You know, you
get teachers bailing out of schools to get that we're
going to be closed. So he gets building seniority somewhere
else just to avoid being consigned to Cabin Creek. Just
it's hard to explain, and you know, you know these
are the I represent a lot of people from southern
West Virginia. I mean I've got good clients. A man
(38:15):
and Peach Creek Welch they even represented. At that time,
he was the only Republican in Wyoming County that had
any position responsibility, and he needed a lawyer. He was
constantly being picked on. Nice people in the world. They
pay their bills. You know, they're clannish. They to their
children like little bear cubs. I mean the just and
(38:37):
to see see people have to pour this water and
be told by officials, well it's it's safe to drink,
when you know they wouldn't drink it. I just get
to go to Chief Logan State Park. Now, Chief Loving
State Park is heavily used, but you take a look
at the lodge. It's a Chief Logan State Park, and
you go up and look at what's built for the
(38:58):
skiers at Kannaine Valley and there's no comparison. You know,
there's no comparison. They built Chief Logan on the cheap.
Well that's what we have to We have to do
something for those people because we're getting all this money.
I just well, let's talk about the law. Yeah, yeah,
about the one thing about the law. Tom, We're almost
out of time.
Speaker 5 (39:18):
Yeah, got a minute, got a minute, a minute and
a half about the Peyton Law Firm.
Speaker 3 (39:21):
Well, one of the things that we've had some really
bad cases lately. I've hit and run drivers. I want
to tell folks, you know, if you if you suffer
property damage or an injury from a hit and run
driver who's never identified, you have insurance coverage for that.
You have uninsured motorists coverage on your policy that specifically
will cover because the hit and run drivers presumed to
(39:43):
be uninsured. Uh, whether that opens the door to underinsured,
that's that question remains to be asked. But you know,
don't be afraid to call a lawyer and ask about that.
That's what we do with the Peyton Law Firm primarily
is litigation, insurance disputes, injury claims twenty eight oh one,
First Avenue in Nitro Peytonlawfirm dot Com. You can send
(40:05):
us an email that only comes to me or to Tom.
We try to return every phone call every day. That's
almost impossible. Sometimes we do try and return and mostly
do all of our email questions every day. We're here
to help people, and we've been in business here at
combined over seventy years. And as it says in the
disclaimer at the end of our ad, the lawyers who
(40:26):
are in this ad and in this office are all
licensed to practice in West Virginia and have been at
least since nineteen seventy four. And certainly I think personal
contact is important, the ability to know the layer of
the land I'm going down and later Tod Puttnam County
where I've practiced in that courthouse Sinceteen seventy six, So
(40:49):
you know your way around.
Speaker 5 (40:50):
Three or four seven five five five five five six
is the number of Peyton Law Firm. Three or four
seven five five five five five six or Peytonlawfirm dot com.
And that's the way to do it.
Speaker 3 (41:01):
It is, and it's really good to be with you again, buddy.
Great to see you. I was thinking about all the time.
They had the other studio over there and here, and so.
Speaker 2 (41:09):
Have W two four three d r F N Charles
STONN W two and three a Q Cross Lanes, w
v r C Media Station. We're proud to live here too,
Unlock your dream property with meex Realty Group, where Rich
the realtor makes real estate dreams a reality, whether it's
residential or commercial. We've got Charleston to Huntington covered. Your
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Speaker 2 (00:15):
The views and opinions expressed on this program do not
necessarily reflect the views and opinions of five adwchs it's
employees or WVRC Media, Our.
Speaker 3 (00:25):
Courts, Oh created equal.
Speaker 4 (00:34):
Well Mass come here.
Speaker 5 (00:35):
In a Kate.
Speaker 2 (00:37):
Can robson up on.
Speaker 5 (00:57):
This is five eighths the voice of Charleston. I'm Jeff Jenkins.
It's eight twenty on this Thursday morning. I'm setting in
for Coop. But this is a familiar chair for me
because I had the opportunity to host the Peyton Laws
show for years, yeah, until about a year ago and
Coop took over there. So Harvey Payton is in. This
(01:18):
is like old times.
Speaker 3 (01:19):
It is indeed, it's good to be here. Tom has
been here the last old two or three weeks. As
I was telling you off air, my wife and I
went out to Utah to Provo to see the Mountaineers
play BYU and football on a Friday night. We just
stayed for about ten days to see and all the
(01:40):
parks in Utah, the national parks are open. The state
of Utah. Their tourism division did the Saint has done
the same thing that our tourism division has done with
Harper's Ferry and New River Gords. They are paying the
National Park Service to keep the visitor centers and the
publicly accessible areas. And so we were able to go
(02:00):
to Capitol Reef and Chris went to the Monument Valley, but
that's not that's in the Navajo Nation. It's an equivalent
of a National park, but it's operated exclusively by the
Navajo Nation. We could see canyon lands and arches and
stopped at a We couldn't go to Masa Verde because
that's in Colorado and Colorado's closed down. So we went
(02:21):
to a little town called Bluff's, Utah, which was a
delightful place. A town of three hundred people, had a
really nice hotel. That's sort of in the middle of
the Bear's Ears National Monument, founded in eighteen eighty or
eighteen seventy nine by a group of Mormon pioneers who
fought their way across the Grand Canyon, and he's in
(02:42):
almost insurmountable physical barriers to get into this little valley.
It's quite a story and we had a great time.
Got back last week. Not a lot of news breaking,
you know, on the on the state front. Really, we've
legislative sessions getting ready to convene here in January. We've
(03:02):
got a couple of months out. The interims have been
going on. There's been some discussion, and we spoke of
this Coop and I did about a month ago or
so when this you first popped up in an op
ed that was in the gazette. And then I think, well,
I know Commissioner Selango was on the show. Here the
I think Dave Allen show to talk about. It's the
(03:26):
issue of when does the person become eligible for release
from prison if they're convicted of the crime a first
degree murder. Now West Virginia, murder is still governed by
common law rules. Mean, we have a statute that says
murder in the first degree is arson, poison, lying in wait,
(03:46):
or in the commission of a felony. It's all inclusive
in one statue. They go to Pennsylvania, they have a
first degree murder premeditated murder, and they have no parole whatsoever.
They have second degree murder, which has no parole, But
it is the equivalent of our felony murder rule. It's
just another way of saying felloning murder. It doesn't imply
(04:06):
less culpability or less premeditation. It's just a different way
of statutorily defining the crime. You know, we had the
death penalty in West Virginia into nineteen sixty five, so
the alternative to the death penalty was life in prison,
and there was a provision the death penalty was abolished.
Life in prison without the possibility of parole as the
(04:29):
maximum functional equivalent of the death penalty in West Virginia.
That is, for a killing that's both intentional malicious, that is,
with a dark and evil heart, and some degree of premeditation.
Although under the common law rule here in West Virginia,
premeditation can be instantaneous. It can be the time it
(04:50):
takes a person to draw a weapon. It could be
the time it takes a person across the room. It
doesn't imply, as you often see on like forensic files,
people who plan and premeditate for days, they look up
on the internet how to get away with murder? Clearly
a thought out process which implies obviously greater criminal intent
(05:13):
or cyenter and if you plan as opposed to an
occurrence that may happen over of course, for a few
minutes or even a few seconds in a crowded room
or a home. But when the death penalty was abolished,
the less lesser degree of confinement for murder in the
(05:35):
first degree was eligibility for parole after ten years. In
nineteen ninety four, that eligibility was increased to fifteen years.
We still don't have the death penalty. I spoke with
Coop about number one. I thought the op ed was
a bit misleading because it implied, and I think it
(05:58):
would a dangerous implication for the public, is that any
number of people convicted the first degree murder or walking
out of confinement after fifteen years. As a practical matter,
that's not the case. As a practical matter, about twenty
anywhere between twenty five and thirty years is the minimum
(06:18):
period that the pro board is going to consider to
release anyone who's been convicted of first degree murdered. It
is the worst offense you can commit. God's most precious
gift is taken away in his presentation. And actually I
heard from ben On. I think it was an email
message or maybe a comment on Facebook his point, which
(06:40):
is well taken. He's married to Terra Selanga and Terry's brother,
Todd Farley was killed in a murder that took place
at in Danny's restaurant at in Nitro. Hearing all the
evidence that Jerry recommended mercy. That was back Houston. The
murder took place in ninety four, in ninety two. Convicted
(07:00):
in ninety four. You know, his eligibility was ten years
because the lesser statute applied. But he's still in prison
thirty three years later. However, that requires the family. Now,
Todd's bomb just died last year. Sadly, Terry's mother passed away.
(07:20):
May have been earlier this year, but they've they've made
eight trips to make appearances before the pro board. Now,
even though the practicality is that person's probably not going
to be released, the families, those persons who have suffered
the most feel compelled and I think appropriately so, to
(07:42):
make an appearance and express their opposition to that person's release. Well,
that certainly is a It just picks the scab every
couple of years. So in my position, I think, don't
be We shouldn't act on an emotional impat people are
being released after fifteen years because they aren't. But I
(08:04):
agree with Ben and other people that the legislature should.
Why don't we just adopt what the practical, the factual
situation is now. I mean, if the pro board is
not releasing people, they have sort of an unwritten rule
it's going to be twenty five to thirty years. Then
make the minimum for eligibility thirty years. I mean, there's
(08:29):
any I don't think anybody would say that serving thirty
years in prison is excessive for the crime of first
degree murder if you're convicted. So I think that there
was some talk I saw in the interims about twenty
five years to thirty years. I think that's certainly appropriate.
We'll see what the legislature does with it. My fear
was that, you know, somebody's going to take the idea
and sort of politically thumped the tub that people are
(08:51):
walking free in fifteen years, and therefore, well, let's just
bring back the death penalty, which we I'm opposed to.
We don't need. The murder rate is exactly the same
in West Virginia now with approximately the same population as
it was nineteen sixty five when he had the death penalty.
(09:12):
We did have some calls. I mean, Jerry, who's a
regular caller, had two words and Harold Gano. Harold Ganeaux
is a terrible example of what can happen when the
system fails. Harold Ganeaux was convicted of first degree murder
based upon a confession that he gave without counsel, and
(09:32):
when that conviction was set aside, then he was allowed
to plead guilty the second degree murder, which at that
time was not less than five no more than eighteen
years in prison. Someone in the Division of Corrections somehow
thought it was appropriate to send the man to a
half way house, to a work release center here in
Charleston after it had served three years. Well, you know,
(09:54):
you just look at a lot of face and say,
you know, wait a minute. This man was convicted of
first degree murder in a bad confession. The prosecutor doubted
whether he could get a conviction without the confession, so
he pleaded the second degree. But it's still the same person,
And why are you letting him walk the streets, which
he did actually encountered the prosecutor, Pobby Spaulding that sent
him to prison. Well, then he killed another person. He did.
(10:17):
He murdered a young woman who was quite a decent person,
was a social service worker here in Charleston, and now
he's back in prison for life. Of course, my response
to all, I have two words to counter that. They're
fred Zaine. Fred Zaine. Most people remember, maybe a few
don't remember that he was a chemist at the State
(10:37):
Police Laboratory who just fabricated test results. I don't think
we had DNA as advanced at that time. But he
was just a go to person to connect people to
a criminal activity based upon his interpretation of forensic evidence
which was conclusively proven just to be false. He made
(10:59):
it up. He just decided who should and shouldn't be convicted.
And he was disgraced he had He had left here
by the time that his scheme was oncovered. He was
down in Texas doing the same thing and it resulted
in probably one hundred convictions here being reviewed by the
State Supreme Court, many of them set aside because without
the bogus forensic evidence, there was no evidence I would
(11:20):
add a you know you've also do you remember Robert Springsteen? Yes, yeah,
Robert Springsteen, who was a teenager from West Virginia somehow
found his way to Texas. Uh. And approximately the same
time there was a terrible crime committed. There. Four young
girls who were working in a yogurt shop. I think
it was not tcb y, but something along those lines
(11:42):
were murdered. Uh, maybe in a robbery, maybe just in
an active peer on adulterated violence. Uh. One person was
convicted or confessed. It was determined that that confession was bad.
The same detective who had elsted that confession. Then somehow
(12:05):
through informants, got the name of mister Springsty. You know,
I think he was from up around Cedar Grove. Picked
him up, questioned four hours and hours without the assistance
of council, confessed to these murders. Was tried, He retracted
his confessions. I would have said anything to get out
of that room, but he went on trial, was convicted
(12:27):
by a Texas Theurian, sentenced to death. Spent six years
on death row in Texas until the extremely conservative Texas
Supreme Court said, you know, this confession's just no good.
So he was released but still under the threat of prosecution. Well,
guess what happened About two months ago. The DNA of
(12:50):
a serial killer, a savage, brutal serial killer who had
committed suicide after being apprehended I think Missouri for a
multiple death, was matched with the DNA found that the
scene of the yogurt shop murders, exonerating mister Springsteen, who
had been on death row. It's just just something, you know.
(13:11):
There's no mistake. You can't make a mistake with the
death penal. You cannot rectify it. We've got a policy.
We have a statute here people who are confined for life.
It means life. Now. We did have one case, you
may be familiar with it. It was the Russell family
who were up from up around Chesapeake. The man and
his wife ran a store and there was a robbery.
(13:33):
The man was killed, his wife was savagely beaten. They
were both convicted of first degree murder, one of whom
reformed himself in prison, and Governor Caperdon commuted his sentence
to life with the possibility parole and he was released.
Other than that, that's where you stay once the door
(13:55):
slam shot behind you. You don't leave until you leave
in a coffin. So we'll see what the legislature does
with that. I think it's a point well taken by
the families of the victims. If, as a practical matter
of the pro board is not going to release folks,
why go through this sort of painful serade of having
a hearing every two years. Just make it what it is,
(14:17):
a thirty year wait. If you serve thirty years in
prison and you're remorseful and somehow made some steps to
make your life meaningful again, nobody's going to bring the
deceased back in the family obviously, never once that person released,
don't blame them. They're dead relatives, not coming back. But
(14:38):
if the law says we have some chance or redemption,
then let's make it realistic.
Speaker 5 (14:43):
So you think, Harvey, that there's obviously there's information out
there on what say you take a period of time,
So you take fifteen or twenty years and see what
the parole board has done with those hearings and see
if it is as you said, it's you know, it's
kind of unwritten things. Twenty five to thirty years, then
you'll have some evidence, I mean, you'll have some oh
(15:04):
to show information that would buck that up. What the
years should be?
Speaker 3 (15:07):
Well, I'm trying to think it was Howard. I can't
think of his last name. He was the warden that
met Olive and he was the ward a Huytensville for
a while, and then after he left the state employment,
he actually did some work with us at the office
as an investigator, and it was we talked about this
and he said, oh, Harvey, but you know it's twenty three,
twenty four, twenty six years. It's just we know we're
(15:30):
going to keep him that long because the proboard as
not going to turn them loose. Now. I haven't talked
about this with Kylinge Dunlap Brown. Tiling is really I
think a good friend of mine. She's from Putnam County
and she was on the pro boards. He's back now
after a really good career as a magistrate. But yeah,
these records are available. Take a look at the here's
(15:53):
what is practically happening. So if this is what is
practically happening, why are we putting these families of the
vic them through this interminable process. It's not a charade,
I mean, it's real. But if the practical consensus to
the board is we're not going to release or make
(16:14):
eligible for parole folks in less than twenty five or
thirty years. Okay, then just make that the law and
at least the family's then will generationally, Uh, you're a
generation removed from the Act. So we'll see what happens.
Someone will introduce a deathbed. Well, the two things that
we can be sure of is right as reign is
(16:35):
going to happen the first day of the legislature, is
someone's going to introduce a bill to erect a shrine
as Charlie Kirk. And then another bill is going to
be introduced or reintroduced to death penalty's that's the sure shooting.
I bet the farm on that. But well, let's see
what happens. I think, you know, Ben Solanga makes a
really good spokesman for his side of the equation. His
(16:58):
wife is a living example, you know. I guess the
good thing is that there his mother did not live
to see, nor did Todd's dad. He's deceased, did not
live to see this person walk free. And that's not
going to change because he can't be resentenced. He's still
going to remain eligible for parole hearings every two years.
(17:19):
He's set up again next year. But it will save
the future victims from that sort of imposition.
Speaker 5 (17:25):
It's a thirty six. This is ask the lawyer Harvey
Payton or the Peyton Law Firm in Nitro three or
four seven five five fifty five fifty six. Three or
four seven five five fifty five fifty six. That's the
Peyton Law Firm number of Peytonlaw dot com. Or you
can call us talk to us three or four three
four five fifty eight fifty eight will take your cause.
We take our one and only break three oh four
(17:46):
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Speaker 2 (17:50):
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(18:12):
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The attorney's referenced in this ad or lifelong residence and
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Speaker 5 (19:35):
This is five ADCs The Voice of Charleston eight thirty
eight on this Thursday morning. I'm Jeff Jenkins with Harvey Peyton,
the Peyton Law Firm in Nitro. A Thursday morning staple
here on five ad WCCHS and Harvey. We've heard in
the last couple of days some more information about some
(19:55):
tax liens involving now our senator, US Senator Jim Justice.
There's a hoppy commentary today. There's a story about some
tax liens that have been filed and kind of the
same road that we've kind of traveled before.
Speaker 3 (20:08):
Yes, it is one thing it emphasized and wanted to
just briefly say from the bottom of our heart and
the city of Nitro. A great reporter, Kenny Bass passed away.
Great reporters and the free press make a big difference.
Kenny Bass broke the story about the Shenanigans at the
Supreme Court. It has resulted in a monumental shift. You've
(20:29):
got Brad Michaelhaney, who was a print journalist with the
Daily Mail Corporation for the Charleston Gazette Daily Mail Corporation
now is with this station. A great reporter, fearless has
reported consistently and Hopies commented on this on the tax situation,
the debt situation with our former governor now United States
Senator James Justice, You've got to look at these stories
(20:54):
that somewhat differently. The first story that was broken by
Politico first is that there are tax liens filed against
Senator Justice and his wife personally in Greenbrier County for
several million dollars for non payment of or at least
stated non payment of income taxes. You've got to be
(21:17):
careful about that. I mean, certainly, it's not a good
thing to have a tax lien filed. But you know,
these these lians date back to tax periods that ended
in two thousand and nine twenty ten, and oftentimes, if
a taxpayer is in a legitimate dispute with the IRS
about the amount of money that's owed, that does not
stop the service from adding significant penalties and interest to
(21:41):
the actual tax amount, so that the amount owed often
exceeds by five times what any potential tax liability could be.
It's not a good thing, certainly, to have a United
States Senator with these big lians by the Internal Revenue Service.
I would take a wait and see attitude somewhat on
(22:03):
those if it's if it is not willful failure to pay,
if it's a legitimate dispute, then and the service is
getting leveraged by adding penalty and interest and then leaning
the full amount, Well that's just a tactic that's used
to put pressure on the taxpayer. Now, on the other hand,
(22:23):
the story that was broken by Brad Michael Haney and
written about over the last couple of days is the
tax liens. Another set of tax liens filed in Greenbrier
County against the corporate entities that own the Greenbrier Sporting
Club and the Greenbrier Hotel, but they are corporate entities
controlled by the Justice family for failre to emit sales tax.
(22:51):
Now that's serious. That is when you talk about fail
to emit sales tax, those are not numbers that are
conceived by the taxing authority. I mean the people who
are in the business of retail sales services know and
are obligated to collect sales tax at the time of
(23:12):
the transaction. They have to report their sales on a
regular basis large corporations on at least a thirty day
basis to the state tax Commissioner's office, so that the
tax commissioner can then determine what amount of money from
your growth sales has to be remitted or paid over
to the tax commissioner to be placed in the state treasury.
(23:35):
Sales tax six percent or seven percent if you're in
a municipality, and that one percent then goes back to
the municipality paid by the state to the municipality. So
those are hard numbers. If you see a five hundred
and fifty thousand dollars Lean file for fail to emit
sales tax, that's a solid number. Either the money was
paid or it wasn't. The thing is, the money was
(23:58):
paid by the purchasers, Folks who stayed at the Greenbrier Hotel,
or went to the Sporting Club the Sneed golf course,
bought overpriced and really expensive Casmir sweaters, or maybe went
to the spot the Greenbrier for treatment.
Speaker 5 (24:18):
Or had dinner at the Jerry West forty four prime
Sure whatever, Yeah.
Speaker 3 (24:21):
Well, yeah, those are all paid. They're on your bill
when you check out. Somebody put them on their credit card,
or they wrote a check, or they paid cash and
the money was paid into the entity. And those are
trust funds. Now, on a higher level, I'll be honest,
I'll say this. I've never represented a merchant who's been
(24:44):
charged with failir to emit sales tax. I have represented
small business people who have been pursued by the federal
government for fail to emit other trust funds like taxes
for employees, and people get to prison for that with
(25:05):
great regularity. Yesterday, after seeing the story, I took a
second to look at the State Tax Department's website. There's
actually a publication that anyone can look at. It's publication
TSD hyphen four oh seven, which specifically thoughts about West
(25:30):
Virginia sales tax collection requirements. One of the sections is
in bold print failure to remit, which is what these
lians represent. Failure to remit more than once. One of
the sections is in bold print failure to remit, which
is what these lians represent, failure to remit more than
(25:54):
one thousand dollars. And clearly five hundred and fifty thousand
or a million three hundred thousand is way over one
thousand dollars. Any person who willfully fails to remit the
tax collected as required by law for more than thirty days,
and these leans all indicate more than thirty days is
guilty of a felony can be fined not less than
(26:15):
five thousand dollars or twenty five thousand dollars we're in
prisoned or both. I think the prison sentence is three years.
My question, in my mind, after numerous leans having been
filed over the past two years, somebody is willfully not
(26:35):
remitting the money. I mean, it's not as if well,
we've just made a mistake that one sacked quarter. But
where's the prosecuting attorney of Kanawha County in Greenberg County
in this mix? I mean that money was collected and
not remitted in Greenber County. It should have been remitted
to the State Task Commission in Kanawha County. I think
that either county would have venue. I mean a grand
(26:59):
zeer he convening and jerking some of these officials up
here to find out what the deal is, might get
this thing moving and stop it again. It's just not right.
It's not right to take money from people. That's a million,
three hundred thousand dollars that people paid over and think, well, gosh,
that's that tax libbility that somebody's keeping and using, probably
to cover up for inefficient operations.
Speaker 5 (27:21):
Let's go to the line. Well, yeah, Bob, you're on
the earth, Harvey. Thanks for calling, Bob. Go ahead, Hello, Bob.
Speaker 4 (27:27):
There's one aspect of these tax troubles that hasn't been
talked about. I don't know what the nature of the
three may and from nine and the five million from
sixteen is, but if it has to do with his
adjusting his tax returns, the IRS will send the copy
(27:52):
of those adjustments to the state, and the state is
potentially going to hit him with another big bill because
of the changes in the If it was tax returns,
I'm not sure whether it was tax returns or not,
but if it was tax returns, he's potentially going to
get in deeper there.
Speaker 5 (28:13):
Thank you, Bob.
Speaker 3 (28:14):
Yeah, that's true, Bob. And I don't mean to imply
by saying that you know, these big leans are subject
let's wait and see. I mean it's serious. The IRS
does not make up potential tax liability. They are pursuing
what's perceived to be legitimate tax liability. Perhaps it's an
adjustment made on our return. If it is, and certainly
(28:35):
the state of West Virginia has an interest in that,
and that may well surface. We just have to wait
and see. The secondary issue about fail to emit sales
taxes I think is as offensive or more offensive to
the people the state of West Virginia than aren'tgoing dispute
with the I R S because us we now, I'll
(28:59):
say this a matter of disclosure, I have not been
to the Greenbrier in a long time, and I'll be honest.
One of the reasons is I just do not want
to fund the people who own it, period. I mean,
there have been some some conventions there for groups of
which I'm a member, but I'm just not going to
go and not going to sit and pay sales tax
(29:20):
on a six hundred dollars a night room that somebody's
going to keep to keep afloat and inefficient operation. It's
just not right. Not when I have seen clients of
mine who have mistakenly tried to keep their business going.
A guy that runs a car wash, he just can't
afford to pay his employees and pay all of his bills,
(29:42):
and he's got the money in the bank to remit
that what they call nine forties or nine forty one's
they're withholding so security withholdings or withholdings for Federal income
tax and They just use that money to keep the
business going, keep them thinking, well, if I just keep
it going for another month, things are going to get better.
Things are going to get better. Then they don't get better.
(30:03):
Then they get a lean, then they get a revenue
agent calling them, Then they get a summons, and then
it's in federal court, and some of them have spent
two years in prison. Now I think you know the
businessmen who can make a legitimate case. Look, I was
just trying to keep this afloat. I'm not living a
(30:23):
high lifestyle. I'm just trying to You know, those folks
generally suffer civil penalties, probably shut the doors of their business.
They're not usually prosecuted if you're driving to work, However,
in an Eldorado or for instance, if you're flying back
(30:44):
and forth from National Airport to the airport in Greenbrier
County four days a week and a private jet so
you can go to your job and still sleep at
your house in Louisbourg, that might not reflect well in
the for the enforcement authority. If you plead, well, I'm
just trying to keep the business going here at the
Greenbrier Nay nay, nay, right, That's why I would certainly
(31:08):
think that the prosecuting authorities who have certainly had the
ability to convene a grand jury and to summon the
people who are responsible for making these payments. So where
is the money and how is it spent? How much
of it is reflected in the lines of credit that
the senator shows he is he owes the Greenbrier. I mean,
(31:31):
is the money going in and going out to pay
for a private jet to fly the man back and
forth from DC with his puppy when he should be
over there in Washington trying to do the people's work
and get this government back it. But I mean, that's
all that's almost tainted with my political thoughts, and I
want to stay away from that. But this I just
view this set foe to emit as really serious. It
(31:52):
happened last year, all this Hocum Hoppy pointed it out,
and his commentary today, I would commend everybody to online
Metro News read hopies commentary. Continue to listen. Does that
play again today on the station? Played this morning? Yeah?
Speaker 5 (32:07):
I played this morning. You can listen to it on
the podcast. Okay, Metro News this Morning, you listen to
it right now on the podcast.
Speaker 3 (32:13):
Yes, right now. You can also listen to this show
on the podcast, So call in and ask a question.
We'll have a little tay to day here and then
you can listen to yourself on the radio talking to
me or me talking to you.
Speaker 5 (32:24):
Yeah, so last year, am I right Harvey that he
kind of said there's a plan we've got to deal
with the tax department or whatever, and they just kind
of were withdrawn.
Speaker 3 (32:35):
Yeah, well let's see that. Let's see that plan, right,
wouldn't that be something nice? And I will say I
want to say, you know, I'm the current administration Governor
Patrick Morrissey, and his officials, at least in the one
matter that I'm involved in, are far more transparent and
(32:57):
far more willing to say, well a mistake was here
or there and let's straighten it out. And ever saw
from the previous administration, we've got a little ring here,
which might mean we have another call. I'm not sure
any event, It's a story to pay close attention to,
and I hope the folks that go online. It defies politics.
(33:19):
It is simply a fact that people should pay their taxes.
And if you collect money from people who in good
faith splurs for a weekend that the greenbron stretch themselves
to pay their bill and pay the taxes. You ought
to take the money and pay it over to the
state where it belongs.
Speaker 5 (33:35):
We got a call from ENUS. You're on with Harvey.
Go ahead, sir.
Speaker 8 (33:38):
Well, there's a couple of things. One thing is this
whole thing shows the incompetence of the prosecutor system in
West Virginia. There's too much power that's given to these prosecutors,
whether they can both on this criminal matter you were
talking about and on this Jim Justice matter. There's just
(34:01):
too much leeway given to prosecutors. I think that's the
biggest problem we have here in this state. And the
second thing with Justice, why can't he just get a
motel room in Washington, d C. What's what's the big
deal about that he has to be at home every night?
Just doesn't make any sense.
Speaker 3 (34:20):
Well, doesn't all?
Speaker 8 (34:21):
He could almost drive, He could almost drive that distance
if he wanted to do it every day.
Speaker 3 (34:26):
Well, I think that's a question that someone should post
to the Senator if he would ever have an open
press conference and take real questions from real reporters. But
I don't think you're going to see that happen. I
mean yeah, I mean Joe Manchin had a boat, but
he parked over there in Crystal City, someplace where he
would go in the evening. So Robert Bird had a
house there. Jay Rockeferrell there had a home and he
(34:48):
could be critical of these senators. I mean it was
a rip on Jennings Randolph was that he using Elkins
address of the Tiger Hotel and had a home in
d C. But it's important that you be close to
where you work. We saw what happened for eight years
when the governor wouldn't come and live in Charleston. He
would be coaching Burrols basketball while the legislature was in
session trying to deal with serious issues confronting this state.
(35:12):
And think about this, how would you like to be
down in Wyoming County, good solid, hardworking people, or mike
Dale County or Parsamingo County where you turn on to
Spicott and the water looks like something that came out
of a sewer line, and you're being represented in Congress
of the United States by somebody who takes their money
(35:33):
and flies back and forth on a private plane. Why
do I get on that plane and fly to an
airstrip in Gilbert and get off and have a little
swig of that water. We're not going to see that happen.
I mean, what's been done to the southern part of
this state is an absolute disgrace. That water system, that
water problem. Can you imagine that happening in California or Texas,
(35:57):
which is a red state, or California that's a blue state,
or New yor York or or Florida. It wouldn't be
permitted to happen. But we've got a whole generational of
people who are forced we we've got a DP that's as well.
It meets drinking water standards. Well, I suspect if we
found a mud hole out here after a rainstorm, it
probably meets drinking water standards. But do you want to
(36:18):
drink it? I mean, it's just a disgrace, and I
hope Governor Morrissey and his administration can take you know,
if you've got a big rainy day fund, that's one
place to look get some money and fix those water
systems down there.
Speaker 8 (36:30):
They talk about having a broad band and all this stuff,
because that talked about this a long time ago. These
people don't even have decent water and soooed's treatment system.
Speaker 3 (36:40):
Well, who's gonna yeah, who's gonna go to live there?
Speaker 8 (36:42):
Inane? Really, it's insane.
Speaker 3 (36:43):
Really, you've got you've got wealth. You could drive into
mcdale County and there's a sign that says mike Dale
County Heart of the billion dollar coal Field. Well that's
an understatement. It's a trillion dollar coal field.
Speaker 8 (36:54):
Yeah, look where's all that money going. I do business
down there. I've been to Gary in places like that,
and you see burned out houses and it's just welched
and it's bad. But you go to Gary and Davy
and some of those other towns down there to.
Speaker 3 (37:10):
Horrible Oh yeah, red Jacket or yeah, thanks, And Jeff,
you've seen it in the area that you grew up
in the eastern end of Dave Hardy grew up up there.
I mean, all of my relatives, most of my family
lived around Chesapeake and Kelly's Creek, Campbell's Creek. Bell my
(37:31):
family moved to Saint Alive. My dad was born in Gallibridge,
but we you know, we've been in Saint Albans since
the thirties. Uh, they get the short end of the stick.
The money goes out and it never comes back. For
a little park that's considered a big deal. Sharon Dawes
Elementary was used for decades by the Claw County Wood
of Education as a dumping ground to punish bad teachers.
(37:52):
They'd send them up to Sharon Dawes. You know, you
get teachers bailing out of schools to get that we're
going to be closed. So he gets building seniority somewhere
else just to avoid being consigned to Cabin Creek. Just
it's hard to explain, and you know, you know these
are the I represent a lot of people from southern
West Virginia. I mean I've got good clients. A man
(38:15):
and Peach Creek Welch they even represented. At that time,
he was the only Republican in Wyoming County that had
any position responsibility, and he needed a lawyer. He was
constantly being picked on. Nice people in the world. They
pay their bills. You know, they're clannish. They to their
children like little bear cubs. I mean the just and
(38:37):
to see see people have to pour this water and
be told by officials, well it's it's safe to drink,
when you know they wouldn't drink it. I just get
to go to Chief Logan State Park. Now, Chief Loving
State Park is heavily used, but you take a look
at the lodge. It's a Chief Logan State Park, and
you go up and look at what's built for the
(38:58):
skiers at Kannaine Valley and there's no comparison. You know,
there's no comparison. They built Chief Logan on the cheap.
Well that's what we have to We have to do
something for those people because we're getting all this money.
I just well, let's talk about the law. Yeah, yeah,
about the one thing about the law. Tom, We're almost
out of time.
Speaker 5 (39:18):
Yeah, got a minute, got a minute, a minute and
a half about the Peyton Law Firm.
Speaker 3 (39:21):
Well, one of the things that we've had some really
bad cases lately. I've hit and run drivers. I want
to tell folks, you know, if you if you suffer
property damage or an injury from a hit and run
driver who's never identified, you have insurance coverage for that.
You have uninsured motorists coverage on your policy that specifically
will cover because the hit and run drivers presumed to
(39:43):
be uninsured. Uh, whether that opens the door to underinsured,
that's that question remains to be asked. But you know,
don't be afraid to call a lawyer and ask about that.
That's what we do with the Peyton Law Firm primarily
is litigation, insurance disputes, injury claims twenty eight oh one,
First Avenue in Nitro Peytonlawfirm dot Com. You can send
(40:05):
us an email that only comes to me or to Tom.
We try to return every phone call every day. That's
almost impossible. Sometimes we do try and return and mostly
do all of our email questions every day. We're here
to help people, and we've been in business here at
combined over seventy years. And as it says in the
disclaimer at the end of our ad, the lawyers who
(40:26):
are in this ad and in this office are all
licensed to practice in West Virginia and have been at
least since nineteen seventy four. And certainly I think personal
contact is important, the ability to know the layer of
the land I'm going down and later Tod Puttnam County
where I've practiced in that courthouse Sinceteen seventy six, So
(40:49):
you know your way around.
Speaker 5 (40:50):
Three or four seven five five five five five six
is the number of Peyton Law Firm. Three or four
seven five five five five five six or Peytonlawfirm dot com.
And that's the way to do it.
Speaker 3 (41:01):
It is, and it's really good to be with you again, buddy.
Great to see you. I was thinking about all the time.
They had the other studio over there and here, and so.
Speaker 2 (41:09):
Have W two four three d r F N Charles
STONN W two and three a Q Cross Lanes, w
v r C Media Station. We're proud to live here too,
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