Circuit Court

The following hearings were held in December in the Circuit Court of Pocahontas County before the Honorable Judges Richard E. Richardson and Jennifer P. Dent:

An evidentiary hearing was held on a petition to revoke probation in the case the State vs Travis Rider, 34, of Marlinton, wherein the defendant waived his right to the hearing and stipulated to the charges in the amended petition. The court found probable cause that Rider had violated one of more terms of his probation. He was placed on a 60-day sanction in the regional jail.

A change of plea hearing was held in the case the State vs Dalton Cain, 20, of Marlinton, wherein the defendant pleaded guilty to the felony offense of grand larceny, Count II of the indictment. The court accepted the plea and the matter was referred to the probation department for a pre-sentencing investigation. The state moved to dismiss Counts I and II. Cain remains on current bond with the added condition that he is to meet with the probation department to complete the PSI.

A hearing on a motion to revoke bond was held in the case the State vs Rodney Brewer, 47, of Marlinton, wherein the court found probable cause that the defendant had violated one of more of the terms of his home confinement. The matter is set for an evidentiary hearing February 3, 2021.

Sheila Smith, 45, of Blue Grass, Virginia, pleaded no contest to the felony offense of grand larceny. The matter was referred to the probation department for a presentence investigation. Sentencing is set for February 3, 2021.

In the case the State vs Jeremi L. Kincaid, 27, of Marlinton, defense counsel asked for bond and home incarceration. The state did not object to the setting of bond but asked that the amount and conditions be such as to protect the community. The state asked for a $50,000 bond with the condition of home confinement. Defense counsel related that the defendant did not have the financial means to post a $50,000 bond and asked for $2,500 bond with home confinement. The court set bond as $50,000 cash or surety with the condition of home confinement and approved residence and employment issues are to be approved by the home incarceration officer. Kincaid is to have no contact with family members of the victim or with state witnesses. Kincaid is charged with first degree murder.

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