Tyler County, West Virginia Prosecuting Attorney

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Tyler County, West Virginia Prosecuting Attorney D. Luke Furbee is the Prosecuting Attorney of Tyler County, West Virginia. He has been serving the citizens of Tyler County since January 1, 2009. Mr.

The Office of the Prosecuting Attorney is a constitutional office established by Article IX, Section 1 of the Constitution of West Virginia. It is the constitutional responsibility of the prosecuting attorney to exercise discretion in the control of all criminal matters within the county in which he or she is elected. It is also the duty of the prosecuting attorney to deliver competent legal representation to state and county officers and the Board of Education. The prosecuting attorney also represents the state in matters of juvenile delinquency, abuse and neglect, and mental hygiene proceedings. The term of office is four years. For a more detailed description of the prosecuting attorney's essential duties, please see Chapter 7, Article 4 of the West Virginia Code. Furbee is a 1996 graduate of Tyler Consolidated High School. He is a 1998 graduate of Glenville State College, A.A. General Studies, and a 2001 graduate of Marshall University, B.A. Political Science. He earned his J.D. degree at West Virginia University in 2004. His bar admissions include the Supreme Court of Appeals of West Virginia, the U.S. District Courts for the Northern and Southern Districts of West Virginia, and the U.S. Court of Appeals for the Fourth Circuit. Furbee served a term as District 2 Governor on the West Virginia State Bar Board of Governors, having been elected to that position by members of the Bar in Pleasants, Marshall, Tyler and Wetzel Counties. He is also a member of the West Virginia Prosecuting Attorneys Association Board and its Legislative Committee.

09/11/2026

FOR IMMEDIATE RELEASE

September 11, 2026

MIDDLEBOURNE, W.VA.-

DONALD LEE HURTADO, age 37, formerly of 118 Kirchner Street, Middlebourne, appeared in the Circuit Court of Tyler County this morning along with his court-appointed attorney, W. Braden Noon. HURTADO pled guilty to two felony counts of Sexual Abuse by a Custodian or Person in a Position of Trust. He was indicted at October Term, 2025.

The Court proceeded to sentencing immediately, and HURTADO was sentenced to serve not less than ten (10) nor more than twenty (20) years in prison on each count, consecutively. The total effective sentence is not less than twenty (20) nor more than forty (40) years of imprisonment.

He was remanded to the custody of the Division of Corrections and Rehabilitation at the conclusion of the hearing.

The case was investigated by Senior Trooper S.W. Morris of the West Virginia State Police.

The case was prosecuted by D. Luke Furbee, Prosecuting Attorney.

Judge Jeffrey D. Cramer presided.

09/01/2026

For Immediate Release

September 1, 2026

MIDDLEBOURNE, WV-

AARON CHRISTOPHER BIRNEY, age 39, formerly of Middlebourne, appeared this morning before Judge Jeffrey D. Cramer in the Circuit Court of Tyler County, along with his attorney, Jeremiah L. Gardner, Chief Public Defender. BIRNEY entered guilty pleas to the following felony offenses under an indictment returned in June, 2026: Sexual Abuse by a Parent, Sexual Assault in the Second Degree, In**st, and Possession of Material Depicting Minors Engaged in Sexually Explicit Conduct.

The Court proceeded to sentencing immediately. BIRNEY was ordered to serve a total effective sentence of imprisonment of not less than 25 years nor more than 65 years. He was given credit for time served since his arrest on August 25, 2025 as required by law. He was sentenced to a term of supervised release of 50 years, which will not begin until his sentence of confinement or any parole period is concluded. He was ordered to register as a sexual offender for life upon his release, and to pay various costs.

A count of Sexual Abuse in the First Degree, a count of Sexual Abuse by a Parent and a count of Use of Obscene Matter with Intent to Seduce a Minor were dismissed pursuant to a plea agreement.

The case was investigated by Sgt. Tammy Satterfield of the Tyler County Sheriff’s Office.

The case was prosecuted by D. Luke Furbee, Prosecuting Attorney.

Mr. Furbee makes the following statement:

“The results in this case are a product of a good investigation. Because the defendant entered these guilty pleas, the young victim doesn’t have to go through the stress of a trial, and the defendant is still held accountable with a lengthy sentence.”

08/20/2026

FOR IMMEDIATE RELEASE

MIDDLEBOURNE, WV -

Tristian D. Thomas, age 29, entered a guilty plea to the felony offense of fleeing in a vehicle with reckless indifference this morning in the Circuit Court of Tyler County. He was indicted at June Term, 2026. On December 12, 2025, Mr. Thomas fled from Deputy Parsons of the Wetzel County Sheriff’s Office, who had to pursue him into Tyler County. The pursuit ended when Mr. Thomas lost control of and wrecked his vehicle. Mr. Thomas was sentenced to not less than 1 nor more than 5 years of imprisonment and fined $1,000. He was remanded to Northern Regional Jail.

Ellen Dianna Day, age 58, entered a guilty plea to the felony offense of being a prohibited person in possession of fi****ms. She was indicted at June Term, 2026. She was sentenced to a term of 1 year of imprisonment, which will run consecutively to another sentence she is currently serving at Lakin Correctional Center.

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06/08/2026

FOR IMMEDIATE RELEASE

MIDDLEBOURNE, WV -

Devin Lee Shifflett, age 19, of Sistersville was convicted this morning in the Circuit Court of Tyler County of the felony offenses of sexual abuse in the first degree and distribution of obscene matter to a minor. He entered Alford/Kennedy guilty pleas to those offenses before Judge Jeffrey D. Cramer. The case proceeded immediately to sentencing.

He was committed to the Division of Corrections and Rehabilitation as a youthful offender, and remanded immediately to Northern Regional Jail to be transferred to a DCR facility for youthful offenders for not less than 6 months nor more than 2 years. Additionally, he will be required to register as a sexual offender for life upon his release from custody and will be subject to 10 years of supervised release once any period of incarceration, probation or parole expires. He was ordered to pay various costs.

If he fails to complete the youthful offender program, he could be sentenced to an effective term of imprisonment of up to 5 years.

The case was investigated by Brad Mason, West Virginia State Police Crimes Against Children Unit.

The case was prosecuted by D. Luke Furbee, Prosecuting Attorney.

03/04/2026

An Alma, West Virginia woman is facing 15 years in prison after pleading to a methamphetamine charge, announced U.S. Attorney Matthew L. Harvey. Jamie Ann Tanner, 44, of Alma, West Virginia, pled guilty to possession with intent to distribute 50 grams or more of methamphetamine.

02/04/2026

On February 3, 2026, John Jernwood Leek, Jr., age 43, of Coal Run Rd., Middlebourne, was convicted in the Circuit Court of Tyler County upon his pleas of guilty of two felony counts of sexual abuse by a custodian and one felony count of in**st. He was arrested on August 20, 2025, and indicted at October Term 2025.

Mr. Leek was sentenced to a total effective term of imprisonment of not less than 15 nor more than 35 years, as well as a term of supervised release of 50 years, which will not begin until the expiration of his prison sentence or term of parole, if any. He must register as a sexual offender for life upon his release. He was ordered to pay various costs.

He was remanded to Northern Regional Jail, where he has been held since his arrest, to be transferred to a state penal institution.

The case was investigated by Sgt. Tammy Satterfield of the Tyler County Sheriff’s Office.

The case was prosecuted by D. Luke Furbee, Prosecuting Attorney and Rachel J. Ledergerber, Chief Assistant.

Judge Jeffrey D. Cramer presided.

01/21/2026

On January 20, 2026, Marsha Ann Carse, age 63, of Paden City, was sentenced in the Circuit Court of Tyler County to not less than 1 nor more than 10 years imprisonment for the felony offense of Embezzlement. The sentence of imprisonment was suspended and she was ordered to be placed on supervised probation for seven years. She was ordered to make restitution to the Wetzel-Tyler Board of Health in the amount of $13,701.58, and to the State Auditor in the amount of $30,404.70.

12/16/2025

Marsha Ann Carse, age 63, of Paden City, entered a guilty plea this morning to the felony offense of embezzlement in the Circuit Court of Tyler County. She was indicted at October Term in connection with the alleged offense arising from her former employment with the Wetzel-Tyler Board of Health. It was alleged that she embezzled $13,701.58 from the Board of Heatlh from 2016-2022. A felony charge of falsifying accounts was dismissed pursuant to a plea agreement.

The Court ordered a pre-sentence investigation and report be completed. Sentencing is scheduled for January 20, 2026 at 10 AM.

The case was investigated by the Office of the State Auditor, Public Integrity and Fraud Unit. The case is prosecuted by D. Luke Furbee, Prosecuting Attorney.

09/10/2025

On September 3, 2025, Randall Gail Anderson, age 61, of Rock Run, West Union, was sentenced to 1 to 15 years in prison for felony possession of methamphetamine with intent to deliver. He entered a guilty plea on June 2, 2025 His previously-imposed probationary period was revoked. He was indicted at February Term, 2025.

The case was investigated by the Tyler County Sheriff’s Office. The case was prosecuted by D. Luke Furbee, Prosecuting Attorney and Rachel J. Ledergerber, Chief Assistant.

Address

225 1/2 Main Street, PO Box 125
Middlebourne, WV
26149

Opening Hours

Monday 8am - 4:30pm
Tuesday 8am - 4:30pm
Wednesday 8am - 4:30pm
Thursday 8am - 4:30pm
Friday 8am - 2pm

Telephone

+13047582860

Website

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