The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
A status hearing was held in the case the State vs David Edward Ryan, 50, of White Sulphur Springs, wherein the court was advised that the forensic psychological evaluation had been received and filed under seal. The Court found that the defendant is able to confer with his attorney and has acknowledged that he understands the criminal charge in this matter. Ryan was indicted in 2017, and was sentenced in 2019 to not less than one year nor more than five years in the state penitentiary for two offenses of sexual abuse in the first degree. Sentences were to run consecutively. The defendant was given 775 days’ credit for time served, and is to have parole supervision for 10 years following his release and is to register in the sex offender program.
In-person sentencing was held in the case the State vs Samuel L. Williams, 36, of Hillsboro, wherein defense counsel asked for alternative sentencing as Williams had accepted responsibility for his action. The court sentenced Williams to one year in the regional jail with credit for 22 days served. He will be allowed to serve the remainder of the sentence on home incarceration with all the conditions thereof.
A status conference was held in the case the State vs Eric Horn, 38, of Marlinton, wherein the state advised that it had been in communications with defense counsel and negotiations are being finalized. The court granted a defense motion for 30 days to complete those negotiations. Horn was indicted on 11 counts of sexual abuse in the first degree and two counts of sexual assault in the first degree. His bond was set at $30,000.
Drug court participation was terminated for Carl Lee Kidd, 40, of Arbovale, and a $10,000 personal recognizance bond was set, with the condition of home incarceration.
Carrie L. Hickson, 43, of Cass, withdrew her guilty plea to the charge of driving under the influence of alcohol, third offense, a felony; and pleaded guilty to driving under the influence of alcohol, first offense, a lesser misdemeanor offense of the indictment. Disposition is set for February 24.
Kevin Phillips, 49, of Marlinton, was sanctioned to 30 days of home confinement for violating the terms of his probation.
A hearing on a petition to revoke probation was held in the case the State vs Bradley C. McDaniels, 43, of Marlinton, wherein the defendant admitted to violating his probation by having positive drug screens. Defense counsel advised the court that an agreement had been reached for McDaniels to be admitted into the Southeastern Regional Drug Court program. The court extended probation for seven years. McDaniels was to be immediately admitted to the drug court program and report to the Pocahontas County Home Incarceration officer.
The court found probable cause that Amanda Katherine Brewer-Long, 40, of Hillsboro, had violated one or more terms of her probation. The matter is set for an evidentiary hearing February 10. The defendant was indicted by the December 2018 Grand Jury on one count, possession with intent to deliver a schedule I controlled non-narcotic substance, marijuana, a felony; one count, possession with intent to deliver a Schedule II controlled non-narcotic substance, methamphetamine, a felony; one count, possession with intent to deliver a schedule II controlled narcotic substance, Oxycodone, a felony; one count, manufacture of a Schedule I controlled non-narcotic substance, marijuana, a felony; one count, child neglect creating substantial risk of death or serious bodily injury, a felony.
In an extradition proceeding, Charles Lowell Brockway, Jr., 32, of Marlinton, appeared by video from the Tygart Valley Jail. Authorities from the Commonwealth of Virginia, County of Chesterfield, requested a hold on the defendant for a charge of unauthorized use of a vehicle – license revoked. Defense counsel advised the court that the matter is being contested.
A status hearing was held in the case the State vs Dustin Morrison, 26, of Marlinton, who appeared by video from the Tygart Valley Jail. Defense counsel asked for a continuance on this matter until after February 8, as the defendant is being sentenced in Randolph County on other charges. A further status hearing is set for March 3.