The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
An arraignment hearing was held in the case the State vs Kevin A. Withers, 38, of Marlinton, who appeared by video from the Huttonsville Correction Center. The court found sufficient evidence that Withers had violated the terms and conditions of his bond. Motions were discussed but not heard in full. A motions hearing was set for September 28.
In the case the State vs Skylar Warren Tincher, 23, of Buckeye, the court granted a motion to reduce Tincher’s bond to $50,000 cash, property or surety with the conditions of home confinement and no contact of any form with the victim, and he is to remain within a 10-mile radius of his grandparents’ home, his approved place of residence.
Adam Clark Harwell, 35, of Buckeye, appeared by video from the Tygart Valley Regional Jail for a hearing on a motion to reduce bond. The court reduced his bond to $40,000 cash, property or surety with the conditions of home confinement and no contact of any form with the victims in this matter. He was to be taken to his approved place of residence.
In person sentencing was held in the case the State vs Trent E. Gutshall, 25, of Monterey, Virginia, wherein it was related that the defendant is on parole in Virginia on another matter. The State recommends probation with supervision in Virginia. Gutshall was sentenced to not less than one year nor more than five years in the state penitentiary, but will be permitted to serve his sentence on monitored home incarceration and is to have a single verified residence in West Virginia. He cannot leave the state except for employment in a bordering Virginia county. He is to pay restitution to an individual victim and an insurance company. He was fined $1,000, will perform 250 hours of community service, undergo an assessment at the Day Report Center, pay child support and will be subject to random drug screenings. The court will not consider parole until all financial conditions are satisfied. Gutshall had pleaded guilty to the felony offense of fleeing from a law enforcement officer with reckless indifference to the safety of others.
A pretrial hearing is set for October 24 in the case the State vs Charles Nathaniel Irvine, 49, of Marlinton. Final witness lists and jury instructions are to be filed by that date.
An arraignment hearing was held in the case the State vs Michael Thomas Caldwell, 44, of Slaty Fork, wherein the defendant pleaded not guilty to One Count, Fleeing from Law Enforcement with Reckless Indifference to the Safety of Others, a felony; One Count, Possession with Intent to Deliver Methamphetamine a Schedule II, Controlled, Non-Narcotic Substance, a felony; One Count, Possession with Intent to Deliver a Schedule I Controlled, Non-Narcotic Substance, a fel-ony; One Count, Driving While License Revoked for Driving Under the Influence, a misdemeanor. The court found probable cause and revoked Caldwell’s bond. He was to be processed on Count III of the indictment by the West Virginia Department of Corrections.
An arraignment hearing was held for William Scott, 66, of Hillsboro, wherein he pleaded not guilty to One Count-Sexual Assault in the Second Degree, a felony. He was to be processed on the charge at the Huttonsville Correctional Center.
At his arraignment hearing, Jermia Paul Hedrick, 32, of Circleville, pleaded not guilty to One Count, Possession with Intent to Deliver Marijuana a Schedule I, Controlled Non-Narcotic Substance, a felony; One Count, Possession with Intent to Deliver Methamphetamine a Schedule II, Controlled Non-Narcotic Substance, a felony. He remains on current bond.
The State dismissed its indictment of Tyler Bowman, 23, of Lewisburg. Having consulted with the victims in this matter, the State concluded that the burden of proof would be severely hampered in trial.
Kimberly Waid, 47, of Marlinton, waived her right to an extradition hearing and will voluntarily return to the Commonwealth of Virginia to face charges there. Authorities from Bath County will pick up the defendant within 10 days.
In person sentencing was held in the case the State vs Dustin Morrison, 27, of Marlinton, wherein defense counsel asked that the defendant’s sentence run concurrent with Randolph County charges, which would allow him to request parole in three years. The court noted Morrison’s lengthy history of drug use, and sentenced him to one year in the Regional Jail on the offense of Battery and not less than one year nor more than five years in the State Penitentiary for the offense of Possession with Intent to Deliver A Schedule II Controlled Substance, Methamphetamine. These sentences are to run concurrent to each other, but consecutive with Randolph County sentences. Morrison was fined $2,000 and assessed court costs. He was given credit for 506 days served.
A bond reduction hearing was held in the case the State vs Jerry Schoolcraft, 60, of Buckeye, wherein the defendant appeared by video from the Southern Regional Jail. Defense counsel asked that bond be reduced to $5,000 cash or surety with $95,000 personal recognizance with the condition of home incarceration. The state objected due to the nature of this case and the victims and witnesses involved. The court directed a combined bond of $100,000 cash or surety and $200,000 personal recognizance with the conditions of monitored home incarceration and no contact with alleged victims, witnesses or anyone involved in this case. Schoolcraft was indicted on Four Counts Sexual Assault in the Second Degree, a felony.