IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CASE NO. 19-C-1141 STATE OF WEST VIRGINIA Petitioner v. 2004 BMW 745LI SEDAN, VIN:WBAGN63454DS46605, and $11,485.00 (ELEVEN THOUSAND, FOUR HUNDRED AND EIGHTY-FIVE DOLLARS), In United States Currency, Respondents. On August 29, 2019, Officers of the Charleston Police Department seized 2004 BMW 745LI Sedan, VIN: WBAGN63454DS46605, and $11,485.00 (Eleven Thousand, Four Hundred and Eighty-Five Dollars), in United States Currency at or near the intersection of Whitney Street and Westmoreland Avenue in Charleston, Kanawha County, West Virginia. The 2004 BMW 745LI Sedan, VIN:WBAGN63454DS46605, and $11,485.00 (Eleven Thousand, Four Hundred and Eighty-Five Dollars), in United States Currency constititute a conveyance which was used, had been used or was intended for use, to transport or in any manner to facilitate the transportation, sale, receipt, possession or concealment of a controlled substance, in violation of West Virginia Code, Chapter 60A, and moneys furnished or intended to be furnished, in violation of West Virginia Code, Chapter 60A, and/or proceeds traceable to such an exchange, and/or monies used, or which have been used , or which are intended to be used to facilitate any violation of West Virginia Code, Chapter 60A, and the laws of the State of West Virginia. 2004 BMW 745LI, VIN:WBAGN63454DS46605, and $7,340.00 (Seven Thousand, Three Hundred and Forty Dollars) was found in possession of Tyrone Ellis and $4,145.00 (Four Thousand, One Hundred and Forty-Five Dollars) was seized from Corey Cline. At the time of seizure Tyrone Ellis and Corey Cline claimed ownership of the property in their respective possession. The State of West Virginia has filed a Forfeiture Petition wherein it has asked the Circuit Court of Kanawha County, West Virginia to forfeit the above-described 2004 BMW 745LI Sedan, VIN:WBAGN63454DS46605, and $11,485.00 (Eleven Thousand, Four Hundred and EightyFive Dollars) to the State of West Virginia. A copy of said Forfeiture can be obtained from the Kanawha County Clerk’s Office. Any person having a claim upon the abovedescribed 2004 BMW 745LI Sedan, VIN: WBAGN63454DS46605, and $11,485.00 (Eleven Thousand, Four Hundred and Eighty-Five Dollars) shall make a claim on said property on or before the passing of 30 days from first publication of this legal publication. Any claim must clearly identify the claimant and the address at which legal process can be served upon the claimant. All claims shall be delivered to Reagan E. Whitmyer, Assistant Prosecuting Attorney, 301 Virginia Street, East, Charleston, West Virginia, 25301. STATE OF WEST VIRGINIA and CHARLESTON POLICE DEPARTMENT CHARLES T. MILLER Prosecuting Attorney By: Reagan E. Whitmyer, Assistant Prosecuting Attorney Kanawha County, West Virginia LC-87442 02-05,12;2020
