Gilmer Free Press
Many thanks to Gilmer Free Press, and Revenge of the Ghost Wolf for their tireless coverage of Gilmer County Corruption
Complaint: Calhoun attorney engaging in ‘legal tomfoolery’
By Lawrence Smith | Apr 20, 2012 – West Virginia Record
CHARLESTON – A New York woman is accusing a Calhoun County attorney of “legal tomfoolery” in representing her interests in an estate dispute in neighboring Gilmer County.
Marlea Cottrill on April 9 filed an ethics complaint against F. John Oshoway with the Office of Disciplinary Counsel, the arm of the state Supreme Court that investigates attorney misconduct.
In her complaint, Cottrill, 51, of Jump, N.Y., a suburb of Syracuse, hired Oshoway, 60, a sole practitioner in Grantsville, to defend her in a lawsuit involving the estate of her late father, Willard, only to have him do next to nothing.
According to her complaint, Willard Cottrill passed away in October 2010 “under extreme and unusual circumstances.” In June, Cottrill was named as a co-defendant in a suit to quiet title filed by the estate’s executor, Michael W. Murphy, her brother-in-law in Gilmer Circuit Court.
The suit seeks to divest any interest on Willard’s property in Linn claimed by Ruth Mitchell, the other co-defendant. According to the suit, Willard in his will dated Nov. 1, 2006, requested Mitchell, “be provided a residence on his real property,” but “‘shall not preclude divestiture of the property by heirs, and is not intended to establish a life tenancy.’”
It was not until two months later, Cottrill says, that she found out about it, and only through Mitchell. In a panic, she says she drove nine hours to Gilmer County to find an attorney to answer the complaint or risk losing all her rights to inheritance.
Eventually, she found Oshoway who agreed to accept her case for $2,000. Initially, Cottrill paid him $500, and sent him a check for the balance after returning to New York.
Between then and last month, Cottrill says Oshoway has failed to communicate with her about not only the status of the case, but its implications. Also, he has failed to provide her copies of any court documents filed since then including her answer.
All documents she’s received have either been provided by Mitchell or her attorney, Dan Grindo. A copy of the answer Oshoway filed for Cottrill, that Grindo’s office sent her via fax on Sept. 2, 2011, does not bear the time-stamp of the circuit clerk’s office.
Because she was not properly served with a summons, and copy of the complaint, Cottrill says Oshoway should’ve moved to have her dismissed from the suit. However, he failed to do that.
Eventually, Cottrill says she received a telephone call from Oshoway early last month. In it, she says he expressed bewilderment she hadn’t received any documents from him, but would ensure she receive a copy of all pleadings made since she hired him.
However, when she did not receive anything after two weeks, Cottrill wrote him a letter asking him to withdraw from the case. In her letter, she also asked he provide an accounting of his work, and a refund of her retainer.
Shortly thereafter, Oshoway responded saying he would be filing a motion to withdraw as her attorney. However, he disputed receiving an additional $1,500 from her after the initial $500. Instead, he said the check she sent was for $1,000.
In her complaint, Cottrill says that “is absolutely untrue” and provided a copy of the cancelled check Oshoway cashed for $1,500. Also, she made clear the basis of her complaint she was not disputing Oshoway’s fee, but instead his “lack of communication, and zealous representation for the work I thought I paid him to do.”
“One of my concerns,” Cottrill said, “is the area of West Virginia that Mr. Oshoway works from is severely economically depressed and I wonder how often this sort of legal tomfoolery happens.”
“I fear for the people of Calhoun and Gilmer counties that have no other means of justice as Mr. Oshoway doesn’t seem the least bit inclined to follow up on clients’ needs or wishes once he has been paid,” Cottrill added. “And even then, Mr. Oshoway doesn’t seem to feel the need to accurately reflect records of payment received by those clients.”
When reached for a comment about Cottrill’s complaint, Oshoway said “I was not aware it.” Also, he said “I wouldn’t comment on it” after seeing it.
According to ODC, Cottrill’s complaint is one of four pending against Oshoway.
AN INVESTIGATION INTO MURDER IN LINN WV AFTER FIVE YEARS OF DOING NOTHING?
That is the question!
Early on, at least one Cottrill family member was involved in filing a complaint with the Gilmer County Sheriffs office because of suspicion of the fact that Willard Cottrill of Linn, WV was murdered! RUTH MITCHELL FILED HER FIRST COMPLAINT IN OCTOBER OF 2010! So, she wanted to make sure the Deputy assigned to investigate the murder had all his facts correct, so Mitchell filed another official murder complaint in November of 2014 over four years later, and her story never wavered from the first time she told it.
NOW, after the February 5th, 2016 Resolution of the Cottrill Estate the biggest news to hit Glenville, West Virginia since the MURDER of Fred Hill ..will the Gilmer County Sheriff’s office finally get busy finding out the truth about HOW Willard Cottrill died? And HOW all his money was stolen from him before they killed him?
YES, there is plenty of motive for murder!! Hear it for yourself the way Deputy Wheeler heard it from Ruth Mitchell the second time, and you will read about it as it actually happened up in Linn, WV down in Gilmer County!
By Editor Edison – CalPatty Press Editor for Revenge of the Ghost Wolf
— November 18th 2014 — A MURDER COMPLAINT was made by Ruth Mitchell and taken by Deputy Wheeler of the Gilmer County Sheriff’s office –
Deputy Mike Wheeler arrived at the home of Ruth Mitchell where the Cottrill Estate is located in LINN, WV November 18th 2014. Deputy Wheeler of the Gilmer County Sheriff’s office was there for the specific purpose of taking a written record of an eye witness account to murder — And an official complaint filed by Ruth Mitchell, long-time live-in companion to Willard Cottrill. This police report made about Willard’s alleged wrongful death or murder was a complaint being taken and filed four years and one month after the alleged crime occurred.
What makes this event meaningful is the fact that during the conversation had that day between Mitchell and Deputy Wheeler it became evident that Wheeler had never questioned anyone into the alleged wrongful death of Willard Cottrill… ever and admits this at the end of the interview.
Sheriff Gerwig and Gilmer County Prosecutor Gerry Hough were obviously LYING while answering FOIA requests from reporters with a statement saying the case was still under investigation, when, in reality, this meeting between Wheeler and Mitchell reveals there was NO INVESTIGATION of the murder of Willard Cottrill evident by the words spoken on 18 November by Deputy Wheeler himself during the time that Deputy Wheeler took the official complaint. while he was officially there because he was named head of the murder investigation.
“This is an actual screen shot of the Willard Cottrill final accounting — only a select few have seen the final accounting presented to the Gilmer County Commission, but what this reporter was told is that this final accounting may just well set a record for Gilmer County Estate discrepancies, and further, may well prove that crimes have been committed by the executor Mike Murphy who judging from phone interviews has not one clue as to what an executor of an estate really does. To say Mike Murphy, husband to Venita Cottrill is anything less than a babbling BABOON when discussing the Cottrill Estate is an understatement, and how alleged professionals in the Gilmer County Commission and their appointee’s have put up with his nonsense is far beyond me, and I am the guy that brought the AJ WOOFTER estate debacle to the press. I have to say, this accounting may even be worse than what the father and uncle of the infamous Butcher Bitches pulled back in 06 and 07” Statement by President of the Council of Concerned Citizens.
The barking of little dogs owned by Ruth Mitchell greeted Gilmer County Sheriff’s Deputy Mike Wheeler, as he entered the porch area and walked into the former home of Willard Cottrill.
Many people, after hearing the testimony of Ruth Mitchell believe that Willard Cottrill was killed with drugs by members of his own family.
Evidence exists that shows that a substantial amount of money was withdrawn from his account, twenty days before he was pronounced dead on October the 20th 2010.
Gilmer County Sheriff Deputy Wheeler entered the home of Ruth Mitchell amid barking dogs and what seemed at the time to be a Chihuahua free for all — And was led inside to where Ruth Mitchell had some paperwork stored and Mitchell immediately began explaining the medical paperwork, and preceded to discuss the last hours of Willard Cottrill — and then named the names of all the people that were present for Willard’s last hours.
A point was made by Mitchell that described a situation that identified the hospice nurse as Debbie as being present during the last hours. No last name was given, just the name of DEBBIE.
“Venita and Freda and the Hospice woman were here and it was the ONLY TIME that the hospice woman was here in this house.” “She sat there with a big book and unfolded it and drew pictures!” Venita ask her, “Can you show us how to use this morphine?” The hospice nurse said, “No, I am not authorized to do so…”
“Venita and Freda took a saucer and took 2 xanax and some oxycodone and smashed it up real fine, and put it in a teaspoon and then put in some chocolate pudding – and then Freda Cottrill held Willard’s head still while Venita forced the smashed up drugs in Willard Cottrill’s mouth. Then Venita took a syringe and would force morphine in either side of Willard’s mouth!”
“Willard kept rolling his head back and forth… Freda, looked at Venita when I started out on the Porch, not being able to take much more,” and Venita said, “Where are you going?” I said, “I am going out on the Porch.”
“Like HELL you are, get back over here and sit down,” Venita ordered Vehemently.
“I sat there and tried to talk to the hospice nurse. She refused to talk to me.”
Deputy Wheeler who had been recording this statement in an official murder complaint finally asks, “Do you remember the nurse’s name?” Mitchell replied, “The only thing I know is her first name is Debbie.”
“What is the date today?” asks Deputy Wheeler. “The 18th” replied Ruth Mitchell.
“MIKE, they actually murdered him,” Mitchell states in the most sincere manner.
“The address is 1200 Little Ellis, Linn WV,” asks Deputy Wheeler.
“He then proceeds to ask Ruth Mitchell, “Their name is Cottrill isn’t it?”
Wheeler was making reference to Venita and Mark Cottrill, “For some reason I thought their name was Marks …” stated Deputy Wheeler of the Gilmer County Sheriff’s office.
“You said Melvin and Venita were trying earlier to force him to go to a dentists appointment?” Wheeler asks, verifying information Ruth Mitchell had given him early among the hail of barks from several little dogs wanting to know why a big tall Deputy Sheriff in a black uniform is doing in their house.
“Yes, that’s right,” was the retort by Mitchell.
Wheeler asks, “They came back after the dentists appointment which was Melvin Cottrill’s birthday?” “Yes, it was Melvin’s Birthday, the 19th,” said Ruth.
“She said it was a SHAME you can’t have any?” Deputy Wheeler asked while making reference to a statement Venita Cottrill made when referring to eating some birthday cake of Willard’s brother Melvin. Mitchell had given that testimony during the first few minutes of the visit by Deputy Wheeler while taking a formal complaint of murder in Linn, West Virginia on that 18th of November 2014.
From the left is Alan Cottrill son to Willard Cottrill shown in this photo in the middle. Mark Cottrill who was instrumental in making a questionable land deal with Richard Neal is on the right and down below representing the DEVIL HIMSELF is sister Morphine Venita Cottrill Murphy who actually administered the drugs and deadly morphine to Willard Cottrill according to an eye witness account of the alleged wrongful death of Willard Cottrill.
During this interview, and subsequent murder complaint, it was determined that Willard Cottrill was murdered with drugs the day after his brother Melvin’s birthday — And Willard was actually denied a piece of Birthday cake that day by Venita Cottrill the daughter that gave Willard Cottrill Morphine and forced xanax and oxycodone down his mouth.
Just then the Sheriff’s dispatcher broke in on the radio and Deputy Wheeler responded.
There was some further discussion about a deer head that Willard wanted his oldest daughter to have, but Venita Cottrill-Murphy protested. Ruth Mitchell then explained that Willard Cottrill had told his daughter Venita, (referred to in earlier articles as SISTER MORPHINE)to get a pad and some paper and write down who got what as a late addition to his prepared will. Willard made it a point to mention that the big Deer Head was to go to Marlea Cottrill, and that was when Venita, for some odd reason tossed a fit right then and there in front of GOD and everyone.
“Marlea Marlea Marlea, everything goes to Marlea,” was the statement Venita made that Deputy Wheeler wrote down about the discussion regarding Deer Heads — When Venita was told that Marlea was promised the Deer Head, her dad’s biggest trophy, a LONG TIME AGO, THAT was when she reacted badly and caused a commotion.
Willard ask for a pain pill for back pain during that discussion according to the police complaint documented that day by Deputy Mike Wheeler of the Gilmer County Sheriff’s office.
Deputy Wheeler shown in this photo after FOUR YEARS is finally getting around to taking a complaint from Ruth Mitchell involving the death of Willard Cottrill with Morphine obtained from Dr Hilary Miller in Glenville. In her hearing at the DO board Doctor Miller lied like a bitch and said, that, Venita Murphy Cottrill was Willards sister not his daughter. She also said he was under hospice care, but NO DOCUMENTS EXIST that said Willard Cottrill was under hospice care and he was not. If you read all the articles about the Cottrill estate on Revenge of the Ghost Wolf you can see all the documents and facts for yourself. Laws have been broken, but in Gilmer County that doesn’t mean a god damn thing.
It was further established during this taking of a murder complaint that Melvin Cottrill had his birthday on the 19th of October, and that was the date that the cake was being eaten, and that was the date that Melvin and Venita Cottrill tried to force Willard to go to a dentist appointment, and that it was on the 20th of October when Venita picked up the MORPHINE left at the local pharmacy called in by Doctor Hilary Miller without ever seeing the patient Willard Cottrill. It was also that 20th of October when the Hospice Nurse only identified as Debbie was there with Venita and Freda Cottrill. Freda held Willard’s head while Venita forced the drugs into his mouth, “Don’t worry DADDY we are going to take real good care of you” … Venita told her father just before she started giving him the deadly morphine.
Now, at this point of the interview Deputy Wheeler got busy writing down the drugs given to Willard Cottrill and when.
“What drugs did they give him,” asked Wheeler. So Ruth Mitchell repeated it again.
“Oxycodone, 2 xanax and Morphine.” Wheeler repeats these drugs while also asking, these are the drugs mixed up on the spoon right?”
“OK, that was the first time they gave him drugs?” Asked Wheeler.
“When did they give him drugs again…” asked Deputy Wheeler, and then Mitchell responded that they gave him doses WITH MORPHINE about every 20 minutes, and that they always gave him the morphine with the other drugs.
“About how many times?” Asked Wheeler, Wheeler was told they gave him at least 4 big doses of ten drops a piece, Wheeler broke in and asked about ten drops, “4 times so a total of about 40 drops of Morphine?” Mitchell replied yes.
Then, Ruth Mitchell explained that after Venita Cottrill Murphy and Freda Cottrill gave Willard Cottrill the dope with the spoon, they also later gave him more morphine in a little syringe that you would use for kids that you can fill up with liquid, and they then squirted the toxic morphine into the mouth of Willard Cottrill with the INTENTION of killing him, said Mitchell.
“Do you know if Venita Murphy asked that hospice be involved?” Deputy Wheeler inquired.
“How about how many times did they use the syringe to push liquid into Willard’s mouth,” he also asked.
Mitchell did not know that answer to the hospice nurse questions, but said the syringe of Morphine was used about three times, at least, 20 or so minutes apart, in addition to the drugs given with Morphine in the spoon.
The investigative reporter from the Secret Seven Coalition that has been investigating the murder allegation in LINN WV noted that the account numbers from the final accounting just handed in by Linda Huff, MATCH the bribe money on the 1000 dollar stacks that came out of WIllard Cottrills BANK ACCOUNT 20 days before he was given an overdose of drugs. Gilmer County law enforcement, actually knows this fact now, but has taken no action. What does that tell us? Does that tell us that the head law man in Gilmer County may have taken a BRIBE himself, to cover up the murder allegations and THEFT from the estate? YOU take the facts and decide for yourself.
“Was WILLARD a terminal patient?” Asked Deputy Wheeler — “NO HE WAS NOT,” answered Ruth Mitchell.
“If he wasn’t terminal why was hospice involved?” Wheeler queried.
“Your guess is as good as mine,” responded Mitchell, but I understood that Debbie the hospice nurse was a good friend of Freda Cottrill the wife of Melvin Cottrill who is Willard Cottrill’s brother.
“She was never here before, I never saw that hospice nurse before that night,” added Mitchell.
“WHO ASKED FOR THE MORPHINE AND HOW DID THEY GET IT?” Deputy Wheeler asked Ruth Mitchell emphatically.
“Venita called Dr Hilary Miller, and I don’t know what she said to her to get the morphine, but when I talked to Dr Miller about it, she said, that Venita lied to her, and that she asked to talk to me, but Venita lied — And said I was not present at the house!”
Wheeler then repeated back to Ruth Mitchell, an exact statement she made so she could sign and date it, and he recited it, just as the statement was given by Mitchell.
Wheeler speaks, and says, “I put down, ‘Well evidently Venita called Dr Miller and lied to her about me being there… I don’t know what they told her.’ So actually it was not exactly what Mitchell said, but close enough for Gilmer County, West Virginia.
Mitchell added that,Venita also told Willard Cottrill that he did not have long to live. He asked how long, and Venita told, him, “Not much Daddy, not much!”
Deputy Wheeler then asked Ruth Mitchell where she was when she witnessed Freda, and Venita administering the drugs that allegedly killed Willard. “Right there…” Mitchell stated, and then pointed out exactly where she stood in plain sight of the dirty deed.
Then Deputy Wheeler asked some questions about who came to get Willard’s body and where they took him, and the answer was the local Glenville mortician came and got Willard and took him to Morgantown.
Deputy Wheeler’s radio continued to sound off from time to time while the complaint was being taken.
“WHEN DID YOU FIRST CALL THE SHERIFFS OFFICE ABOUT THE MURDER?” Wheeler asked.
“Mitchell said, “It was the NEXT DAY the 21st of October 2010, Me and Josh and Dianna Holmes and Marlea Cottrill all came down to the Sheriff’s office to report that we believed that Willard was murdered!”
“I wasn’t in until 4pm on the 21st, so Willard died on the 20th and you didn’t get a hold of me until the next day at 4pm,” Wheeler replied. “Yes” was Ruth Mitchells answer.
Mitchell then brought up the slip of YELLOW PAPER with the drugs they gave Willard written down and when they were given to him. That yellow paper was published as evidence in the Revenge of the Ghost Wolf article, entitled, “SISTER MORPHINE ….”
That evidence was shared with federal law enforcement with the note that Gerald B Hough and the Gilmer County Sheriff’s office were ONCE AGAIN involved in criminal actions. The evidence was presented by the Council of Concerned Citizens along with other evidence that a crime had been committed in Gilmer County and knowingly covered up by local public officials. So far, federal authorities, have only received the evidence, but taken no action.
“Did they have Power of Attorney,” asked Deputy Wheeler. Mitchell answered NO, because Mike Murphy, husband to Venita Murphy was not made executor of the estate until after Willard Cottrill was dead. That document was dated for November of 2010 and was published by the Council of Concerned Citizens in the Gilmer Free Press and it was signed and dated by BM, Beverly Marks, the then Clerk of the Gilmer County Commission.
“Mike, those people took all of Willard’s money out of his bank account on October 1st, long before Willard died, because when he went in the hospital they thought he was going to die, but he got better, and came home, they had to kill him, because if Willard would have found out that they stole all of his money out of his account he would have shot every one of them dead, so they felt they had to kill him!”
Deputy Mike Wheeler, given a motive for murder listened to that statement by Ruth Mitchell, but made no response. However, later in the interview and while taking the murder complaint, Wheeler stated the bank had to have a record of that, but in four years Wheeler who has asked no questions of anyone. Wheeler being the Chief investigator has not interviewed one person, or ask one question about the murder until four years later on the 18th of November, 4 years and 28 days after the death of Willard Cottrill. The Gilmer County Sheriff’s office thought maybe they would look into those allegations now, especially since they found out there has been no accounting of the estate, until recently.
The REAL TRUTH about originally reporting the murder is… that Deputy Wheeler on the 21st of October when 4 people went into the Sheriff’s office to report a murder decided to do a little bragging on what a big bad cop he is and HOW HE GOT HIS WIFE.
Wheeler explained to Ruth Mitchell, Diana and Josh Holmes and Marlea Cottrill, that he planted DOPE on his wife’s husband when they were still married, he then told them, he paid for her divorce, and that is indeed how he got his wife who has since left him stating reasons of alleged alcoholism from what we all hear down at the county seat.
Mitchell brought up the subject of the LOCK BOX Willard had with thousands in cash in it. Ruth said, some of the money was hers that Willard was keeping for her, so some of her relatives did not try to take the money from her. Mitchell told Wheeler that Venita and Freda need to be punished. They killed Willard and Venita made off with his LOCK BOX and CASH before his body was cold. Wheeler then asks Ruth Mitchell if she believes Willard was murdered and she said YES!
“DUE TO THESE ALLEGATIONS ARE YOU WILLING TO TAKE A POLYGRAPH… DEPUTY WHEELER ASKED RUTH MITCHELL AND HER ANSWER WAS YES!”
Are all these answers the TRUTH according to the best of your ability? Asked Wheeler…
Yes they are, was Ruth Mitchells immediate answer.
OK, I will take this to Gerry, and go back through the records, and then the LIE was used by Wheeler that Dr Miller stated that Willard was a hospice patient. Miller was subjected to a disciplinary hearing in Charleston, WV — And it was stated for the record at the Hearing Board that Willard was only entered into hospice the last 24 hours of his life. So officially, Willard was allegedly on hospice care for the last 24 hours, but NO DOCUMENTS EXIST that back up that claim. So far it is only a statement made by the DO MEDICAL BOARD, and quite frankly, an obvious fabrication by medical professionals.
Knowing Glenville and Gilmer County to be a place where public officials often blatantly break the law, it appears, that Larry Chapman and Gerry Hough are CHOOSING not sullying Dr Hillary Millers career, over prosecuting an obvious murder. But by her own admission Miller was lied to and admits a mistake was made.
Now that the final accounting has been served up to the Gilmer County Commission by the Fiduciary Commissioner Linda Huff, professionals not originally privy to the facts of the Cottrill estate now see that there are more discrepancies involving estate money than anybody can keep track of or count. PROOF now exists that potential CRIMES were committed, but still, to the local POWER ELITE protecting Dr Hilary Miller is a GOOD BET!!
Dr. Hilary D. Miller, DO is a good bet if YOU TOO need to get your hands on a family members cash and kill them very dead with MORPHINE!
You can call the office to set up an appointment.
604 W Main St, Glenville, WV 26351 (304) 462-7460
Because no public official or cop in GLENVILLE and GILMER COUNTY gives a fuck about some old dude from Linn, WV that was murdered for his money and his property. The Power Elite in Gilmer County only care about themselves and will do all they can to protect Hilary Miller regardless if she was an associate and accomplice in MURDER!
What we should all do find out WHO it IS that is protecting Dr Hillary Miller and the mysterious Hospice nurse named “Debbie,” We should have MURDER in our HEART for that JUDGE that has taken it upon themselves to choose protecting Hilary Miller over doing the right thing, for they are too blame for covering up a MURDER !!
For more information, please visit Revenge of the Ghost Wolf: https://revengeoftheghostwolf.wordpress.com/2015/10/16/g-lte-cops-cops-tramps-and-thieves-invade-the-linn-wv-home-of-ruth-mitchell-2/