MADISON, W.Va.—A Boone County jury found James McGuinness guilty on trespass asked to leave, obstruction and conspiracy, but not guilty on property destruction today, and Magistrate Byrnside sentenced McGuinness to 21 days in jail. Byrnside gave McGuinness till Friday morning to get his affairs in order before turning himself in. He was also assessed court costs and jury fees expected to exceed $1,000.
The charges stem from the September 9th blockade of Massey’s Regional Headquarters. Joe Hamsher plead no contest to trespassing and conspiracy charges stemming from the same action and received a 20 day jail sentence. Roland Micklem and Fred Williamson are still awaiting trial with Micklem’s scheduled for March 29th at 9:30 am.
For the property destruction charge, the Boone County prosecutor alleged that tar on lock-down devices damaged a pair of pants, pair of gloves and a knife, and that a chain scraped some paint off a Massey lamp post. None of these physical items, nor pictures of them, were presented as evidence in trial. The officer who owns the knife did not learn till on the stand that his knife was involved in the case.
Letters can be addressed to Guin in the Southwestern Regional Jail:
James McGuinness
Southwestern Regional Jail
Earl Ray Tomblin Industrial Park,
13 Gaston Caperton Dr.
Holden, WV 25625
Donations to Guin’s commissary and other campaign legal expenses can be sent here:
Paypal, or another method.
Hang in there buddy. We thank you for the sacrifice. You want me to bake you a “cake”?
How ironic , housed in a jail built on a former surface mine site. eM maybe you could slip a file in the cake ,lol.
Activists trying to save people’s lives from Massey’s ruthless destruction get 3 weeks in jail, but Massey supporters found guilty of assault and battery for punching people and threatening to kill children get $100 fines. There is no justice in WV.
No justice at all and it’s sickening.
Vernon, what about Hobet and Magnum coal’s ruthless destruction? Oh that’s right I forgot their UNION. As far as the assault goes,sometimes when you call someone a “coal hoe” you might get slapped.
I agree Watcher, if someone called my mother that, which my father has retired from the mines now, but if someone would have called her that then, I can not say that someone wouldn’t get slapped for that.
Ohhhh…..such violent reactions from such nice people. Remember people, “sticks and stones might break your bones but words will never harm you.”……
No words don’t ever harm no one. It’s just words and through one ear and out the other is what I always say. Afterall, they are only words….Right.
Let me go back and rephrase that…Sometimes, we may get mad in the moment and react on things that we probably should just leave alone and sometimes when we’ve had enough of the same old same old, it gets alittle aggrivating and then we react on them. I have since being on this site just let “words” go through one ear and out the other but that is just me, I am not going to speak for the lady that did slap Judy Bonds for what she called the miner’s wives and that was just poor taste on Ms. Bonds part, but no two sides are innocent in this. No two sides are right on either topic but when a man can’t do his job due to kids being chained to machinery or pulling them off machinery that’s when one might react, and that’s on them no one else.
There is probably a cleaner way to mine coal than what is going on right now, I do agree on that, but when are they going to show the how too? These men and women just can quit working and wait for that day. They have responsibilites that are required of them the same and the MTR activist and they have to work to make a living for them and their families. They going out here working everyday doing what they do is no different that us funeral directors, the doctor or the insuranace agent. So what are they suppose to do?
I was at the Coal symposium in Charleston and was quite amazed at all the things that had came from relcaimed property, saw the numbers of underground, surface and MTR men and women that worked in WV and is those numbers going to fit the windmill farms? You can’t tell me that the same number of surface miners or underground is going to match that of windmill farms.
If there is any typos in here, I apologize my son was wanting to type also…
Watcher, I said it once and I’ll say it again, the Union is behind this. I could go into further detail, but to sum it up, who really wants Massey out? 4 out of 13 protesters on our job last June and I quote said,” There are NO UNION jobs that relate to MTR in West Virginia. Even Antrim Caskey had to be corrected by yours truly as they took pictures of Cooke Mountain and displayed the pictures on this site declaring it was Massey’s Twilight operation. Once I said it wasn’t she practically said,”Shutup stupid”, but then upon her research she found out it was in fact Horizon Natural Resources. Although she tried to mislead and and name Massey as the owner of Horizon. Anyways, you get my drift.
Isn’t it pretty unfortunate that such a mono-economy has been established in EKY and southern WV that these questions of, “well, what else are we supposed to do for a living?” — legitimate questions — have to arise? It’s like if everyone in Maine was expected to make a living lobstering or logging, or everyone in Iowa had to be a corn farmer. Mono-economies are not sustainable, as we can see in the decline in jobs in those industries and the amount of young people who leave for more opportunity.
This is why people are doing the hard, tedious work of attempting to establish economic alternatives, and considering the powers that be, these alternatives do not arise overnight. More voices speaking up and working for them will help, rather than accepting the status quo.
Actually Alyce, the time we are in now has more of a younger workforce than I would say in the last 25 years. And many are first time miners!
Thanks for the info. What is the rate of retirements in the industry where you are? That statement wasn’t directly about young people where you are…I did not look it up specifically… just an overall observation about economic and employment opportunities in rural areas and correlating studies/data about young people who leave the rural area where they grew up, either for college, job opportunities, or “higher” standards of living elsewhere.
However, isn’t it true that there are few job opportunities in mining and connected industries in that region? What I have seen, read, heard, that is the case. If so, I’d think people would be concerned with overall dwindling jobs in the industry, if the area is so dependent on it, and they want young families to stick around and have more options.
I know it has happened before. My dad’s family moved to Cincinnati in the 1940s from EKY, and many kids I grew up with in southern Ohio had at least one parent or grandparent from S/EKY. That’s why we all grew up saying mamaw and papaw and eating soup beans
I meant “fewer” jobs, not “few”. I understand that it still employs many people – just from what I understand, not as many as it used to and that the numbers are declining over the decades.
There are job alternatives out there and sooner or later we are going to have to invest in and bring those jobs to West Virginia. I think sooner would be better before all the mountains are gone and streams toxic. Here is just one website if you are interested in that looks at solar…
http://www.onearth.org/article/sunny-claim-on-solar-power-checks-out
People tend to forget there are LESS mining jobs in WV due to MTR. AGAIN, there were 120,000 mining jobs in WV in the 70′s. (underground) There are 20,000 now and only 5,200 of those are MTR mining jobs. It’s easier and cheaper to employ machines to do the work of men. The less underground jobs are due to MTR as well. Coal production has increased while the employment rate in mining has decreased. I am against MTR and I am for the people of WV. Here is another statistic for you as well. Coal from the MTR method only provides 5% of the nations energy. Now, you people tell me why it’s even happening at ALL? The only reason for is profits for the coal companies. Not the miners and not for the economic stability of WV. These people are making fools of us all. They are destroying us and making us poorer. Wtf?????
Hey everyone read this article and watch the video of the man holding out in Hazard KY. Tell me that doesn’t touch your hearts.
http://tenthmil.com/campaigns/restore/the_story_of_an_old_kentucky_holdout
Instead of putting these miners out of work…I think these people should start protesting at places like Peabody and Massey headquarters. Putting some toxic slurry on the grounds at the corporations and their homes. After all, if these toxins are safe and they cause no harm, they won’t mind living near them too.
Mountain Witch if you are so certain about machinery, ask underground miners from 30 years back what they think of the comment your trying to make and if it relates. You are self cotradicting over and over. I do not mean to be rude but it’s right there all over your post. 120,000 UG. 5,200 MTR. MTR is more than it was in the 70′s. Are you so misinformed that every piece of machinery has to be manned? The same type of machinery has always been used in MTR. Underground is the vastly growing method of mining. Ever heard of a longwall miner? It could put out more coal than you could imagine. Two of the largest are here or were here in WV. Congratulations Massey on your new acquirement!!
Progess Miner:
Read for yourself. http://www.sourcewatch.org/index.php?title=Coal_and_jobs_in_the_United_States
Progess Miner:
http://www.sourcewatch.org/index.php?title=Coal_and_jobs_in_the_United_States
http://tonto.eia.doe.gov/FTPROOT/coal/006493.pdf Energy Information Administration Pages 65-68
http://www.eia.doe.gov/cneaf/coal/page/acr/table18.html -Energy Information Administration, accessed May 2008.
http://tonto.eia.doe.gov/FTPROOT/coal/006493.pdf -Energy Information Administration, 1995
http://data.bls.gov/PDQ/servlet/SurveyOutputServlet -Bureau of Labor Statistics website, U.S. Department of Labor, accessed July 2008.
The Carbon Footprint of Mountaintop Mining
http://switchboard.nrdc.org/blogs/rperks/the_carbon_footprint_of_mounta.html
Progress Miner, Mountainwitch did not contradict herself at all. Reread her post. It’s very clear. MTR puts miners out of work. They replace bodies with machines. There are about 100,000 less mining jobs in WV today than in the 70′s. Less men not only means less paycheck but less health insurance, less workers comp insurance, etc. It’s really not worth the few thousand jobs it’s creating. We could replace those jobs with solar. I know a lot of people and businesses thinking about beginning the change to solar and wind. It can be done. I’m sure of it. I’m also sure these industries could bring good paying jobs that these men and women would not have to always be worried “when am I going to be laid off”. Take a lood at some of the links we’ve posted. Just take the time to read them. If you have opposing information post it. I’ll read it.
Progress Miner:
You also validated what I said. They may need a man for every machine but there are less miners to do the work. Machines are doing the job. I know there has always been equipiment used during the mining process but they didn’t do the work of men. Think about what you are saying. They have machines as big as dinosours doing a man’s job in the MTR process and you just congratulated your employer for it. Don’t be blinded, sir. The damage has already been done. There will be more if people don’t ban together and put a stop to this. The blast off a entire mountain in a week. They don’t care about you. If they did, they wouldn’t be doing the miners like they do and they wouldn’t be poisoning their children. You tell me why in America that a person has to choose between clean water to drink for their children or putting food on their tables?
I always thought these mountains would be here forever.Whoever thought that anybody would set out to destroy them? If anything,I thought maybe a war with another country. I always thought we could look to our government to protect them. Boy! Was I wrong! These mountains are our heritage!
Raychel:
I don’t think if somebody took you to these sites with environmental scientists and gave you a tour of the bio-diversity missing from the “reclaimed” sites that you would be able to wrap your head around it. This is more than just going to work every day. People could preach until they were blue in the face and you wouldn’t ‘get” it. People like you don’t understand the impact of cracked roofs, foundations, poison water, etc. until you are personally affected by it. It’s only when YOUR children have cancer is when you question things.
BREAKING NEWS!!!! http://itsgettinghotinhere.org/2010/03/18/breaking-anti-mtr-activists-risk-arrest-at-epa-hq-with-elaborate-protest/
WOOOOOHOOOO!!!! Way to go guys. Give ‘em hell.
okay here goes, since you all claim that MTR is doing away with the machinery, then why don’t we just take telephones out of our homes, I mean afterall when I was a little girl, when we had a problem with our phones and we had to call we got a woman on the other end a “real” woman not an automative voice telling us to punch a button, now if I am not mistaking hasn’t the phone companies did away with thousands of job due to the almighty machine? Yes they have, so lets all ban together and take our phones out.
And MountainWitch I have been to these reclaimed mining site and seen deer walking around, passed two or three black bear walking up the hills and saw birds in trees, and so on, so yes I have been there and saw it. I don’t need anyone to take me and show me otherwise.
Let me give you since you gave Progress Miner some websites I will give you what I was shown at the Coal Symposium this past year in charleston…It may take a while and you may have to sit awhile and ready but you and Em ask if we could show otherwise so here I am going to show you what I learned, not from a scientist but from my brother-in-law going to these mines day after day, Bill Raniny(sp) going out also as well as my husband who has went too, and several others to get this information that we were given hands on, not from some website and before you start, I went to several of these places and looked first hand…
okay a few examples of post-mine land use: Mount View High School (McDowell County), Robert C. Bryd High school (Harrison County), Wood Products (Mingo County), King Coal HighWay/Coalfields Expressway, Aquacultre-Raising Fish (Mingo County), Southwest Regional Jail(Logan County), Logan Airport (Logan), Twisted GUn Golf Course( Harrrison County), FBI Complex(Harrison County) now that is just to name a few oh wait one more, YMCA Soccer Complex(Raleigh County) now that is just a few I have plenty more if you need more.
Now moving on, West Virginia Coal Production: there are a grand total of 540 mines inWV, there are 20,925 men and women employeed through these mines be it UNION OR MASSEY/MARFORK, There are 9ve7,378,703 ton of coal that is produced from Underground mines and 68,372,114 tons that have been produced from Surface which is labeled also as MTR and together with all those total that brings us to a grand total of 165,750,817 now lets back up and read the underground verses the Surface, is the underground bring in more than 1/3 more than surface?
Now we all need to know that coal here in WV is shipped to 33 states including District Of Columbia, 23 countries, WV provides 50 percent of all American Coal exports. WV is the national leader in underground mining production(that just put a cherry on the top), WV is second only to Wyoming in U.S. Coal production, Since 1863, WV has mined nearly 65 billon tons of coal, MORE THAN HALF of American electricity is generated by coal so does that 5% move up any? I Think so! and moving on, Coal is responsible for more than 12% of WVs gross state prodcuct.
I will let those of you that will take the time to read this and soak is up for a while and I will be back with more if you need anything else.
Have a wonderful day.
Those sites are not all necessarily on sites where MTR was the process. Also, do you not understand that a few deer and bear walking around does not mean that the reclamation can support the same type of biodiversity these mountains have to offer. Also, the water is being poisoned…..arsenic, lead, high levels of selenium….what don’t you understand about once those toxins are present they can’t be removed and they will kill you and your children? Sure you might be able to throw up a building or create a ymca soccer field but it is not a replacement for what is being destroyed and only 5% of our electricity in the United States if from coal removed by mountaintop removal. Yes, 40% from coal but ONLY 5% from MTR. Is that really worth the damage being done. I guess it’s like Mountainwitch said, it won’t hit you until it’s your child with a brain tumor fighting for their life. Let’s just hope and pray that never happens to you like it has to other’s living in the Prenter area. You know what Raychel you should be made stand in front of one of those children and tell them your husband’s job is worth their suffering and their life. May your God save your soul if you really beleive that. Also, I wasn’t going to say anything about your comment on “slapping” someone for calling you a coal hoe but before you go slapping someone might be a good idea to know who your slapping because my training teaches me that when confronted with bodily harm to first crush your trachea and second to shove your nasal septum into your brain. I don’t slap.
Mountain Witch, How about the tens of thousands of jobs in the auto, textile and other industries lost to ROBOTICS? Wanna go back to living in the 50s? Heck eM, there’s even robotic surgery now, so some of your surgeon friend’s jobs may be lost in the near future.
Watch out Progress, eM’s turned into G I Jane, I know I’m shaking in my shoes. May God save YOUR solr eM for working in a profession that condones the daily taking of human life.
Oh no Watcher, never offensive just defensive. I would never raise my hand to someone in anger unless I felt imminent danger. I am a lover not a fighter.
Just passing along some friendly advice is all.
Just a little report on your green jobs. 80% of 1.9 billion green jobs money going overseas. And so it goes: http://www.americasnewsonline.com/stimulus-bill-80-of-1-9b-of-green-jobs-money-going-overseas-903/
EPA report: Streams near mining toxic
http://www.wvgazette.com/News/201003150780
EM,
The sites that I posted were in fact from reclaimed mines. You need to do your research alittle better or do you need for me to give you a few more sites as well…
Em, you never answered my question from earlier if you were gonna stand in front of those babies and tell them that it was alright to kill them? And as far as the slapping statement, well if Judy Bonds has any sense to her at all she wouldn’t lower herself down to those standards that she feels she has to resort to name calling, I mean how unlady like is that, but from what I have seen of her in those protest and other places I have saw her, I would say a lady is far from what I would call her.
Oh yeah, Em if you want to go to Walker and tell James Milan that him and his employees are going to hell, let me know, so I can call up there and let them know, you have to go through a guardshack and I wouldn’t want you to get in trouble for tresspassing… Have a wonderful nite, Ms. EM
Raychel I understand your husband needs to work and I’m not saying anyone working for Walker Machinery is going to hell…I don’t believe in “Hell”. What I’m saying is that even if you worked for a company doing mountaintop removal and feel you have to continue because you have no other choice to provide for your family you could at least acknowledge that it’s very detrimental to our environment. It’s sad to see the destruction being done to our state and it is putting poisons in our waters. I will not get into the abortion debate on here with you as this is not the place for it. My only comment about what transpired with Ms. Bonds was that you made mention that you might be inclined to smack someone too if they called you a “coal ho”…and I said anyone might want to be sure they know who they are slapping before they do it because not all people will show the restraint Ms. Bonds did and might fight back. Also, I didn’t say those sites you listed were not on reclaimed mining sites, I said they were not all on MTR sites.
Yeah, that’s real restraint by Ms Bonds, waving that gun around in the film, daring anyone to come on her property. Oh, but let a coal company try to stop trespassing and their suddenly wrong.
She waving that gun may have been the result of selling out and having funds.
eM, you like diamonds? Hey I read a really important story. Looks like none of you should be traveling the interstate system. You can find it in the Saturday edition of the Charleston gazette.
scared to answer. she has not a clue.
How ironic , housed in a jail built on a former surface mine site. eM maybe you could slip a file in the cake ,lol.