Clarksburg probationer accused of driving drunk, and without valid license

Wrongdoing occurred Monday in the county, Swiger has alleged. By Tuesday afternoon, Harrison County Probation Officer Jared Wharram was in the process of seeking to revoke the probation Albergamo is serving for felony breaking and entering of Notre Dame High School.

Albergamo had his probation revoked in May by Harrison Circuit Judge James A. Matish, who imposed a 30-day jail term. Albergamo had violated his alternative release at that time by not attending the Day Report Center program, not enrolling in an intensive outpatient treatment program and not reporting to probation as required.

Albergamo’s brush with the law Monday began on U.S. 19, when an off-duty Nutter Fort police officer observed the defendant traveling “all over the roadway,” Swiger has alleged.

“The defendant traveled to the end of a dead end road and when the off duty officer identified himself and tried to stop the defendant ... the defendant drove around the officer, who fired a shot into the ground,” Swiger has alleged.

Swiger located Albergamo later, according to the criminal complaint. Albergamo advised he had been driving during the earlier incident, and Swiger could smell alcohol coming from the defendant, according to the complaint. Two witnesses gave statements that Albergamo didn’t drink any alcohol following the incident earlier Monday, the complaint alleges.

Albergamo’s blood-alcohol content registered .191 on a portable breath test, Swiger has alleged. The defendant refused the secondary chemical test, Swiger has alleged.

Albergamo’s license is suspended because he hasn’t paid citations, the complaint alleges.

The defendant remained jailed Tuesday. His bond on the two misdemeanor driving charges was set at $3,000 by Harrison Chief Magistrate Frank DeMarco, and probation also lodged a detainer to keep Albergamo behind bars pending revocation proceedings.

Albergamo broke into Notre Dame on Aug. 2, 2013, Clarksburg Detective Paul Graeber alleged. Matish placed Albergamo on 3 years’ probation in July 2014.

Also:

— An attorney representing West Virginia’s Judicial Investigation Commission has filed a motion seeking dismissal of a complaint against suspended Harrison County Magistrate Mark Gorby, according to one of Gorby’s lawyers, Tom Pavlinic of Annapolis, Maryland.

Another attorney for Gorby, Belinda Haynie of Morgantown, has filed a response to that motion. Haynie also has filed a motion seeking “full recovery of money (Gorby) lost while suspended,” Pavlinic said.

The next step will be for the Judicial Investigation Commission to rule, and that isn’t automatic, Pavlinic said.

Gorby was suspended without pay after he was arrested in October 2014. A Harrison County jury acquitted him of all charges on July 5.

Gorby’s current term ends Dec. 31. He is scheduled to begin a new four-year term as magistrate on Jan. 1. He was elected to that seat in May.

The state Supreme Court isn’t expected to weigh in on the issue until a decision is reached by the Judicial Investigation Commission.

— Cortney Taylor Maxwell, 20, of Wallace, has waived her probable cause hearing before Harrison Magistrate Keith Marple on burglary and grand larceny charges, according to Assistant Prosecutor Laura Pickens.

Maxwell is accused by State Police Cpl. Baron Claypool in connection with a May 16 break-in of a Wallace-area dwelling in which $5,100 in cash and a Remington Model 700 .308-caliber rifle was stolen.