The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I. Via:
An evidentiary hearing was held in the case the State vs Jeremiah Bleu Powell, 43, of Buckeye, wherein the court found sufficient evidence to revoke the defendant’s bond. Powell was remanded to the Tygart Valley Regional Jail. He was indicted on one count, burglary; and one count, trespassing.
Clifton Summerfield, Jr., 42, of Renick, appeared for his sentencing hearing on one count failure to register as a sex offender and asked for alternative sentence of probation. The court sentenced him to three years’ probation with normal terms and conditions, and he is to maintain requirements of the Sex Offender Registration Act. Court costs were assessed as a judgment.
A remote arraignment hearing was held February 26, 2025 in the case the State vs Armando Capo, 41, of Brooklyn, New York. Arraignment was originally scheduled for April 18, 2024, at which time a capias was issued. The court advised that it would not proceed with this matter as Mr. Capo has an open arrest warrant and has not brought himself to the jurisdiction of this court. The matter is continued to March 19. It was noted that the February 26 hearing was chaos because the defendant interrupted the Judge several times, ranting about his first amendment rights. He was finally muted in the hearing. A female then began to yell loudly that this court had violated the federal [?]. She was muted, as well. The attorney could not speak with Capo because of his ranting. Capo was indicted on one count, fleeing from a law enforcement officer with reckless indifference of the safety of other persons; and one count, child neglect causing risk or serious bodily injury.
Joseph Thompson, 33, of Marlinton, appeared by video from the Tygart Valley Regional Jail for a status hearing. The competency evaluation report was tendered to the court, and the court found that the defendant is not competent to stand trial. Restoration is likely not possible. The State is willing to forego any further proceedings in this matter and asked for placement of the defendant. Disposition in the matter is set for March 6.
Luke Gum, 36, of Dunmore, waived his right to a speedy trial during this term of court. The court accepted the waiver and related that the waiver will not be calculated to the three-term rule. The matter is set for a three-day jury trial beginning July 16. The trial was originally set for August 12, 2024. Gum was indicted by the April 2022 Grand Jury on three counts, sexual abuse in the first degree; three counts, sexual abuse by a parent, guardian or custodian of a child; four counts, sexual assault in the first degree.
Mary Ellen Pauley, 20, of Marlinton, waived her right to a speedy trial during this term of court to allow the newly appointed special prosecutor time to review the case. Pauley was indicted on one count, burglary; and one count, conspiracy.
Journey Elizabeth Robinson, 24, of Marlinton, appeared by video from the Tygart Valley Regional Jail, for her arraignment wherein she pleaded not guilty to one count, shoplifting, third offense. A capias had been issued December 17, 2024, when Robinson failed to appear on the initial arraignment date. The state withdrew its motion to revoke bond, and the court reinstated the original bond of $5,000 surety which was posted in Magistrate Court.