Sexual Assault

A 19-year-old man was arraigned Friday on one count of third-degree sexual assault stemming from a sexual relationship that police allege involved a 13-year-old girl, according to Berkeley County Magistrate Court records. Police were notified Sept. 11 by the state Department of Health and Human Resources that the girl was pregnant by her boyfriend, Dustin Dwayne Custer of 3521 Charles Town Road in Kearneysville, W.Va., according to court records. The girl told police that Custer had told her he was 16 years old, not 19, when they began dating in January, according to court documents.

A Falling Waters, W.Va., man accused of sexually assaulting a woman last month and then holding a knife to another woman's neck in a tense confrontation with police that ended in gunfire was arraigned Friday by a Berkeley County magistrate. Raymond Sidney Wallace II, 23, was being held without bond Friday night at Eastern Regional Jail after being arraigned by Magistrate Jim Humphrey on two counts of sexual assault and single counts of kidnapping (hostage taking), fourth-degree attempted arson, attempted robbery, domestic assault and destruction of property, according to court and jail records.  The confrontation with police early on the morning of Aug. 25 ended after Wallace, who was armed with what appeared to be a rifle, was shot once in the hip by a Berkeley County sheriff's deputy outside the Falling Waters residence where police allege the crimes occurred.

The shooting of a Virginia man in Jefferson County last weekend was the fourth police shooting in the Eastern Panhandle within the last 12 months, and fifth in the Tri-State area. • Aug. 25 - A Berkeley County sheriff's deputy shot Raymond Wallace II, who was armed with what appeared to be a rifle and was holding a knife to a woman's neck outside a Falling Waters, W.Va., residence in a tense confrontation. Sheriff's deputy Ralph Pierce, who fired his weapon four times, has been cleared to return to regular duties, Sheriff Kenneth Lemaster said Tuesday.

A man who was shot Saturday by a Berkeley County sheriff's deputy was armed with what appeared to be a rifle and was holding a knife to a woman's neck outside a Falling Waters, W.Va., residence in a tense confrontation that ended in gunfire, police said Monday. Raymond Wallace II, 23, was shot once in the hip by sheriff's deputy Ralph Pierce, who fired his weapon four times, police said. Warrants charging Wallace with kidnapping, attempted robbery, attempted arson and second-degree sexual assault were issued Saturday, police said.  Wallace, who was flown to a Washington, D.C.-area hospital for treatment, now faces extradition back to Berkeley County to be arraigned on the charges, police said.

The trial for a Washington County man indicted in 1994 on 321 counts of sexual assault, pornography and related charges was reset Thursday in Berkeley County Circuit Court for Nov. 13 by 23rd Judicial Circuit Judge John C. Yoder. Randall Ray Waugh, 53, of Hagerstown is accused of sexually assaulting a Bunker Hill, W.Va., boy dozens of times beginning in 1988 and three developmentally disabled males in the early 1990s. Waugh's trial was set to begin next Tuesday, but Berkeley County Prosecuting Attorney Pamela Games-Neely said the continuance was requested because a possible plea agreement was being discussed to resolve the case.

A 29-year-old Martinsburg man was found guilty Friday of second-degree sexual assault and assault during the commission of a felony in the violent rape of a woman in July 2011 in Martinsburg. A Berkeley County jury found Ricky Darnell Webster not guilty of a second count of second-degree sexual assault, according to court documents. Webster, who is scheduled to be sentenced in October, faces a possible sentence of not less than 10 and not more than 25 years in prison for the second-degree assault conviction, and a two- to 10-year prison sentence for the assault during the commission of a felony conviction, documents stated.

Prosecutors are recommending a 30-month prison sentence for a Hagerstown man who pleaded guilty Thursday to sexually assaulting a preteen girl. John Phan, 44, of 16827 Petmar Circle pleaded guilty before Washington County Circuit Judge Donald E. Beachley to second-degree assault and a fourth-degree sexual offense, according to Assistant State's Attorney Brett Wilson. Second-degree assault carries a maximum sentence of 10 years in prison. Phan's sentencing was delayed, but as part of the plea agreement, he will have to register as a sexual offender, Wilson said.

A 56-year-old man sentenced Monday in Berkeley County Circuit Court for sexually assaulting a pastor's son in 2002 is expected to serve 21 years in prison before he will be eligible for parole. Ronald Dewayne Smith was ordered by 23rd Judicial Circuit Judge Christopher C. Wilkes to serve two, 10- to 20-year prison sentences along with a 1- to 5-year prison term consecutively, according to Berkeley County Assistant Prosecuting Attorney Gregory K. Jones. Smith was found guilty of two counts of sexual abuse by a custodian and one count of third-degree sexual assault in a jury trial in April.

A Hagerstown man has been charged with sexually assaulting a minor in an incident that allegedly occurred in Talbot County, Md., 15 years ago, according to Washington County District Court records. William Wellington Long, 47, of 132 N. Locust St. is charged with 19 offenses, including two counts each of first- and second-degree rape and first-degree sex offense, as well as counts of second-, third- and fourth-degree sex offenses, second-degree assault, child abuse and indecent exposure, court records said.

The following individuals were indicted last week by a Berkeley County grand jury. An indictment merely indicates that an individual is believed to have committed a crime. Robert H. Phipps II, 40, of 673 Mount Olive Road, Martinsburg, on counts of fleeing in a vehicle while DUI from a law enforcement officer and fleeing in a vehicle from a law enforcement officer with bodily injury. Ricardo J. Pleasant, 26, incarcerated at Eastern Regional Jail, on counts of felony possession of a stolen vehicle, possession with intent to deliver oxycodone, misdemeanor aiding in concealing stolen goods, two counts of possession with intent to deliver cocaine and two counts of conspiracy.