The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E Richardson and Jennifer P. Dent:
Shawn Barb 34, of Hillsboro, was sentenced to not less than one year nor more than 10 years in the state penitentiary as to felony Count II, receiving or transferring stolen property; not less than one year more more than 10 years as to felony County VII, receiving or transferring stolen property; one year in the regional jail as to misdemeanor Count V, petit larceny; one year in the regional jail for misdemeanor Count VI, destruction of property. Sentences shall run consecutively to any sentence the defendant is now serving. Barb was given credit for 466 days’ jail time served. The court ordered restitution in the amount of $5,880 to the victim, Mitchell Chevrolet.
Greg Sharp, 39, of Cass, was unable to appear for his sentencing. He is in a facility in Charleston which was locked down due to the storm. Sharp pleaded guilty to the misdemeanor charge of battery.
A hearing on petition to revoke pre-trial diversion was held in the case the State vs Joshua VanReenen, 36, of Hillsboro, wherein the defendant did not contest the allegations in the petition and waived his right to preliminary and evidentiary hearings. The court revoked the pre-trial diversion and adjudged VanReenen on the original plea to the felony offense of wanton endangerment involving a firearm. The matter is set for sentencing and disposition May 22. He will remain on previous bond with the additional term that within 24 hours, he is to be admitted into a substance abuse program and shall complete the program.
A bench trial is scheduled for June 12 in the case the State vs Kevin Scott Lambert, 27, of Durbin.
A status hearing was held in the case the State vs Andrew Baybutt, 50 of Mechanicsville, Virginia. Defense counsel withdrew February 8, stating that the relationship and communication between counsel and the defendant had been compromised. The court allowed until March 20 for Baybutt’s new counsel to make a notice of appearance. At the March 28 hearing, Baybutt said he did not have counsel with him and that he does not qualify for court appointed counsel. The court moved the matter to the next term of court. Notice of an appearance of counsel for the defendant is to be filed by May 29. 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.
The court found that Wendell Edward Johnson, 55, of Cass, is competent to stand trial. Plea negotiations are in the works. Johnson was indicted on one count, wanton endangerment involving a firearm; one count, obstructing an officer.
A motions hearing was held in the case the State vs David W. Mace, 38, of Marlinton, wherein the Court found that the defendant affirmatively waived an earlier plea agreement and denied any motion to enforce the agreement. All cases, including Magistrate cases, for Mace will go back to the posture where they were before any plea was entered. The state asked the Court to order the defendant to have no contact with the alleged victim in this matter even though he is incarcerated. The defendant was remanded to custody.
