Chief Judge Michael Thornsbury arraigned 54 year-old Elbert Berry of Gilbert Wednesday morning, opening the first sealed indictment containing one count of delivering a Schedule II controlled substance (oxycodone) and one count of conspiracy to deliver that substance.
Assistant Prosecuting At-torney Teresa Hall represented the state in the Berry proceeding and Steven Knopp represented the defendant.
Berry was already in custody in Mingo County and was being held in Southwest-ern Regional Jail at Holden on a fugitive warrant issued in Texas. Berry is charged with parole violation in Texas.
He pled not guilty to the charges and was later remanded back to jail without any bond after Judge Thornsbury set March 24, 2009 as his trial date.
Mingo County Prosecuting Attorney C. Michael Sparks appeared for the state in the afternoon proceedings for two other defendants charged in sealed indictments.
Donald Elkins, 37, of Chattaroy, is charged with six drug counts in a case investigated by Sgt. J. Smith of the Mingo County Sheriff’s Department. Elkins is represented by Stacy Bowens.
Elkins’ bond was set at $1 million (full cash) and he was remanded back to jail in lieu of bond. This marked the second case in which the judge set bond at $1 million full cash.
He is charged with three counts involving delivery of a Schedule III controlled substance (hydrocodone); one count of delivering a Schedule IV controlled substance (Alprazolam), and one count each of possession of those substances with intent to deliver. His trial is set for March 17.
A 33 year old Williamson man, Robert “J.J.” Warren, was arraigned on three counts of delivering a Schedule II controlled substance (cocaine) and one count of possessing cocaine with intent to deliver. Lt. J.D. Ferris of the Sheriff’s Dept. was the investigating officer in this case.
Thornsbury scheduled a March 24 trial date for Warren and set his bond at $75,000, which was posted yesterday afternoon. The bond has two conditions, one being electronic home confinement and the other release for the Judge’s work program.
(Twenty-two other indictments (unsealed) were returned by the grand jury and the defendants and their charges were identified).
“With unwavering determination, we will enforce the law and bring drug dealers to justice,” Sparks aid last week after the 81 indictments were returned.





