Long running cases find resolution with two guilty pleas

Aug. 3—FAIRMONT — The Marion County Courthouse saw two defendants plead guilty in separate cases on Wednesday in Circuit Court.

Judge David Janes accepted a guilty plea from 60-year-old Rhonda Kay Swiger who admitted to one count of first-degree sexual assault of a minor. In a separate care, Keith Everett Herron, 39, pled guilty to a count of drug delivery resulting in death, delivery of fentanyl, and conspiracy to commit a felony controlled substance offense.

Judge Janes deferred sentencing to a later date for both parties. Swiger asked the court to defer the acceptance of her guilty plea until after a procedural HIV test takes place prior to entering prison. Prosecuting attorney Dennis B. Kittle objected to the deferment, but was overruled.

Police arrested Swiger in 2018 for the incident that dates back to June 1987. The criminal complaint states that Swiger sexually assaulted a minor. At the time, she was living with her boyfriend who was also the victim's father.

The penalty for sexual assault in the first degree is between 15 and 25 years, and carries a penalty of not more than $10,000.

Herron faces up to 15 years in prison, after pleading guilty to his charges. In April of 2020, police arrested Herron after an investigation by West Virginia State Trooper John A. McDougal. Prior to Herron's arrest, McDougal arrived at 338 Four States Rd. to assist EMS with a drug overdose. The victim, Beau Bartlett, was found with a package of fentanyl.

According to the police report, the package was prescribed to Erica Herron, sister to Keith. Police charged Herron with delivering the fentanyl to Bartlett after an investigation conducted by McDougal. Prior to and during Herron's arrest, he took part in two interviews with McDougal surrounding Bartlett's death.

Herron's defense argued that both interviews were inadmissible, since the first one took place at Herron's home outside of police custody without his Miranda Rights being administered and the second, conducted in McDougal's car, was recorded without Herron's knowledge.

Herron admitted delivering the fentanyl to Bartlett in the second interview. However, the judge overruled the defense, stating that the interviews were admissible because Herron chose to freely talk with McDougal without ending the interview, and that there was no basis for the second interview since there is no law that says police must disclose when they are recording someone.

The death from fentanyl took place after Herron agreed to trade the fentanyl to Bartlett for an item on Bartlett's car.

The item in question was a light bar.

Reach Esteban at efernandez@timeswv.com