The following hearings were recently held in Pocahontas County Circuit Court:
Shawn Barb, 34, of Hillsboro, appeared by video from St. Mary’s Correctional Center for his arraignment hearing wherein he pleaded not guilty to the charges in the indictment in case No. 2023-F-32. Barb was indicted by the December 2023 Grand Jury on one count, entry of a building other than a dwelling, a felony; one count, petit larceny, a misdemeanor.
A change of plea hearing was held in the case the State vs Shawn Barb, 34, of Hillsboro. Barb appeared by video from St. Mary’s Correctional Center. He pleaded guilty in case No. 22-F-25 to Count II, receiving or transferring stolen property, a felony; and to Count V, petit larceny, a misdemeanor; to count VI, destruction of property, a misdemeanor; to Count VII, receiving or transferring stolen property, a felony. In exchange, the state agreed to dismiss Counts I, III and IV in case No. 22-F-25 and will dismiss case No. 23-F 32 in its entirety containing the counts of entry of a building other than a dwelling and petit larceny. Due to corrections to be done in the written plea agreement, the remainder of the plea will be held February 13.
A hearing was held in the case the State vs Andrew Baybutt, 50, of Mechanicsville, Virginia, wherein defense council brought forth his motion to withdraw as counsel for the defendant. The defendant objected to the motion. Counsel related that the relationship and communication between counsel and the defendant had been compromised. The court granted the motion to withdraw. Baybutt said he will retain counsel. The Court will allow until March 20 for new counsel to make a notice of appearance. Baybutt was indicted by the December 2022 Grand Jury on two counts, sexual abuse by a parent of a child, a felony; two counts, sexual abuse in the first degree, a felony.
In person sentencing was held in the case the State vs William Scott, 63, of Marlinton, wherein defense counsel asked that sentencing in this matter run concurrent with the sentence already being served regarding charges in Nicholas County. The State objected and asked that the sentences run consecutive due to findings in the pre-sentence investigation report. The Court accepted the findings, and Scott will receive no credit for time served from Nicholas County. This court sentenced Scott to not less than one year nor more than five years in the state penitentiary. Upon completion of sentence including parole, the defendant will be subject to supervision for 50 years with terms and conditions. Scott pleaded guilty in October 2023 as to Kennedy v Frazier to new felony information filed that day for one count of sexual assault in the third degree, a felony. Scott was remanded to custody.
The court denied a defense motion to sever trials for each victim in the case the State vs Franklin Cook, 65, of Caldwell. The State asked for 30 days to respond to a motion for additional discovery. Cook waived his right to a speedy trial. Cook was indicted 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.
In person sentencing was held in the case the State vs Christopher Gibson, 47, of Buckeye, wherein the defendant was sentenced to not less than one year nor more than five years and will be permitted to serve his sentence on monitored home confinement with normal terms and conditions, and special terms that he complete an outpatient substance abuse program and participate in sex offender education, as well. Gibson will be required to make regular child support payments and will pay home confinement fees on a sliding fee scale according to his work. He was given 44 days’ credit for time served. Another person is on home confinement in the same home, so Gibson will have until February12 to be hooked up on home confinement at another location unless the other individual moves out of the home.
Jury trial is set for March 28 in the case the State vs David W. Mace, 38, of Marlinton and an inmate in the Tygart Valley Regional Jail. A three-day trial had originally been scheduled for November 7. Mace was in- dicted on three counts, strangulation; and two counts, wanton endangerment involving a firearm.
In the case the State vs Jacob Bing, 39, of Marlinton, the defendant tendered a written plea agreement to the court wherein he agreed to plead guilty to two counts of the felony offense of burglary. In the course of giving the plea, Bing indicated that he would like to talk with his family first. The remainder of the plea is set for February 15. Bing was indicted on one count, grand larceny; two counts, burglary; one count, entry of a building other than a dwelling; one count, destruction of property; and one count, trespassing.