Published On: Wed, Feb 22nd, 2017

Circuit Court

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According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard February 15 before the Honorable Judge Jennifer P. Dent:

Plea negotiations are in process and a change of plea hearing is scheduled for March 8 in the case the State vs Larry Arbogast, 37, of Durbin. Arbogast was indicted on two counts, burglary, one count, destruction of property and two counts, petit larceny.

A pre-trial conference was held in the case the State vs Jeremy W. Moore, 28, of Marlinton, wherein the defendant asked for court appointed counsel. Moore was indicted on one count, entry of a building other than a dwelling, and one count, petit larceny.

James M. Lester, 34, of Nettie, failed to appear for a pre-trial conference. The court issued a capias, which was sent to the Pocahontas County Sheriff’s Department, West Virginia State Police – Marlinton and Elkins detachments.

A trial is set for March 2 in the case the State vs Joshua T. Stuart, 30, of Lewisburg. Stuart is charged with two counts, wanton endangerment and one count, destruction of property.

In a sentencing and disposition hearing in the case the State vs Joseph L. Thompson, 25, of Hillsboro, the court denied a defense motion for home confinement at Thompson’s grandmother’s home. The defendant was sentenced to not less than one year nor more than five years in the state penitentiary in one matter and to not less than one year nor more than three years in the state penitentiary in a second case. Sentences are to run concurrent with credit for time served. Thompson will enter the RSAT program while incarcerated and will be assessed court costs. He was remanded to custody.

A sentencing and disposition hearing was held in the case the State vs Tracy Back, 55, of Buckeye, wherein the court noted that a pre-sentencing investigation had not been ordered, so sentencing could not go forward. The court denied a renewed defense motion for bond. The matter was referred to the probation department for a pre-sentence investigation and the defendant was remanded to custody. Back was convicted of making a terrorist threat.

Plea negotiations are being considered in the case the State vs Robert Rakes, 35, of Roanoke, Virginia. Pre-trial motions will be heard March 23. Rakes is charged with one count entry of a building other than a dwelling, one count, destruction of property, and one count, grand larceny.

Charges against Megan Josephine Stewart, 26, of Oceana, will be dismissed March 29, as she has completed drug court and is doing well.

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