September 11, 2013
According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard September 4 by the Honorable J. C. Pomponio, Jr.
In a status hearing in the case the State vs Phillip C. Dean, Jr., age 40, of Marlinton, special prosecutor Kevin Sponaugle appeared by telephone. The defense counsel was not present. Sponaugle told the court that the parties have reached an agreement. The matter will be set for a hearing. Dean is charged with one count contributing to the delinquency of a minor and one count child abuse resulting in injury.
In a sentencing and disposition hearing held in the case the State vs Phillip Shinaberry, age 23, of Cass, the defendant asked for home confinement or Drug Court. The state opposed the request as the defendant has had numerous violations at Anthony Correctional Center. The court re-imposed the sentence of not less than one year nor more than 10 years in the state penitentiary. The sentence was suspended and the defendant was placed on home confinement and Day Report with the condition that he have full-time employment.
In a bench trial in the case the State vs Ricky Lee Shinaberry, age 21, of Cass, the court found the defendant guilty of wreckless driving, fined him $100, magistrate court costs of $190.80 and circuit court costs.
In a bench trial in the case the State vs Jeffrey D. Young, age 30, of Beverly, the court found the state had proven beyond a reasonable doubt that the defendant did commit battery and adjudged him guilty of the same. The defendant was placed on home confinement and will pay magistrate court costs of $165.80 as well as circuit court costs.
In an arraignment hearing in the case the State vs George Gary Hissom, age 62, of Marlinton, the defendant pleaded not guilty to the indictment of conspiracy. A pre-trial hearing is set for October 25 at 9:30 a.m. and trial is set for November 5 at 9 a.m. The defendant remains on current bond of $10,000 as long as Lightner Bonding agrees to modification by letter.
In a change of plea hearing in the case the State vs Jeremiah Powell, age 31, of Hillsboro, the defendant pleaded guilty to operating a clandestine drug lab, and guilty to delivery of a controlled substance. The State agreed to dismiss another charge of operating a clandestine drug lab. The agreement between the State and the defendant also contained an oral plea to domestic battery third offense. The court accepted the defendant’s plea of guilty to the charges and adjudged him guilty of the same. The matter is set for sentencing and disposition November 8 at 9:45 a.m. The defendant remains on bond.
In an arraignment held in the case the State vs Cory D. Richardson, age 21, of Atlanta, Georgia, the defendant pleaded not guilty to the indictment of obstructing an officer and brandishing a deadly weapon. A pre-trial is set for October 25 at 10:15 a.m. and trial is set for November 6 at 9 a.m. The defended lives and works in the state of Georgia. He will remain on current bond provided he executes a written waiver from the state of Georgia.
In a parole hearing in the case the State vs Wayne Allen Cool, age 52, of Bartow, the probation department suggested parole for one year. The court doubled the motion and the defendant was put on parole for two years. Cool is charged with delivery of a controlled substance.
In a bench trial in the case of the State vs James M. Trimm, age 26, of Marlinton, the court found probable cause beyond a reasonable doubt that the defendant is guilty of domestic battery, obstructing an officer, public intoxication and assault. The matter was referred to the probation department. Sentencing and disposition is set for October 25 at 9:30 a.m.