The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
Defense counsel advised the court that Shelia Smith, 45, of Blue Grass, Virginia, had been approved for probation in Virginia. The State of West Virginia withdrew its petition for revocation, and Smith shall remain on probation in the State of Virginia for the three years to which she was previously sentenced.
Defense counsel in the case the State vs Dustin Morrison, 26, of Marlinton, advised the court that the state has made an offer that the defendant might consider. Counsel said Morrison is now in rehab and doing well at this point. He is also on monitored home confinement.
Joseph D. Friel, 25, of Cass, pleaded guilty pursuant to Kennedy v Frazier to the felony offense of sexual abuse in the first degree, and in return the State agreed to dismiss an additional charge with prejudice. The matter was referred to the probation department for a pre-sentence investigation.
A bond revocation hearing was held in the case the State vs Richard Wayne Brewer, 29, of Bartow, wherein the defendant, appearing by video from Tygart Valley Regional Jail, acknowledged the allegations in the petition. Defense counsel asked for reinstatement of bond, and modification to $5,000. The State opposed the motion as the defendant has a new charge of arson in the first degree. The court revoked bond.
Clinton E. Buzzard, 37, of Marlinton, initially failed to appear for his status conference. Having previously failed to show for a hearing in magistrate court, a capias was issued. Buzzard appeared later by phone, and the capias was withdrawn. Defense counsel asked that the matter be continued.