The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Patrick I. Via:
Randall Moore, 45, of Arbovale, appeared by video from the Tygart Valley Regional Jail for a status hearing wherein it was revealed that the parties are discussing plea negotiations. A pre-trial conference is set for May 1, and a four-day jury trial is set for May 20. Moore was indicted on one count, murder in the first degree.
A plea offer has been accepted but not reduced to writing in the case the State vs Roy Lambert, Jr., 56, of Bartow. A change of plea hearing is set for February 19. Lambert was indicted on one count, sexual abuse in the first degree.
Jonathan Keith Bennett, 35, of Marlinton, appeared by video from the Tygart Valley Regional Jail for a hearing to revoke his bond. The court found probable cause that the defendant had violated the terms and conditions of his bond, and an evidentiary hearing on revo- cation is set for March 5. Bennett was indicted on one count, driving a vehicle while impaired by alcohol and/or a controlled substance, and such was the cause of a crash which led to the death of Josey W. Armstrong; one count, negligent homicide; and one count, operating a vehicle while license was suspended by the Magistrate Court for failure to appear for a hearing.
A status hearing was held in the case the State vs Roy Myers, 50, of Durbin, wherein the special prosecutor advised that they had received the file but asked for a continuance in the matter. The defendant’s plea of guilty was not accepted by the previous judge. Myers waived his right to a speedy trial, and the matter is set for a status hearing April 9. Myers was indicted by the April 2022 Grand Jury on one count, child neglect resulting in serious bodily injury; and one count, child neglect creating a substantial risk of death.
Franklin Cook, 66, of Caldwell, waived his right to a speedy trial during this term of court. Pre-trial conference/motions hearing is set for May 1. Four-day jury trial is set for June 23. Cook was indicted by the December 2022 Grand Jury on three counts, sexual abuse in the first degree; two counts, sexual abuse by a custodian of a child; and three counts, sexual assault in the first degree.
A hearing on petition to revoke extended supervised release was held in the case the State vs David Ryan, 53, of White Sulphur Springs, wherein newly appointed defense counsel asked for a continuance. The hearing is continued to March 5. An evidentiary hearing was held in this case February 18, 2022, wherein the defendant agreed with the allegations in the revocation petition. The court revoked Ryan’s extended supervised release. He was ordered to serve two consecutive 30-day periods of monitored home incarceration, which was to be served in Taylor County. He was to pay all fees associated with that program. Upon release, he would be reinstated to the original period of extended supervised release and may need to re-register on the sex offender list.
A change of plea hearing was held in the case the State vs Dakota Aaron Beverage, 28, of Marlinton, wherein the defendant entered a plea of guilty to one count of the misdemeanor offense of cruelty to animals and one count of the misdemeanor offense of shooting within 500 feet of a dwelling. The matter was referred to the probation department for a presentence investigation. Sentencing and disposition is set for March 27.
Philip Leone, 40, of Elkins, entered a plea of guilty to the felony offense of grand larceny. The court deferred adjudication while the defendant is participating in the Family Treatment Court Program of Randolph County.
An evidentiary hearing on petition to revoke probation was held in the case the State vs Angela Turner, 50, of Marlinton, to which a special prosecutor and public defender have been assigned. The public defender asked for a continuance due to being newly appointed to the case. The matter is continued to March 13.
The current prosecutor asked for a special prosecutor to be appointed in the case the State vs Brandon A. Waddell, 38, of Durbin. Waddell was indicted on one count, domestic battery, second offense.
NOTE: The current Pocahontas County Prosecuting Attorney served as a Public Defender prior to her election and must disqualify herself from cases that she was assigned at that time.
