Circuit Court

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

In the case the State vs Jeremiah Bleu Powell, 39, of Marlinton, defense counsel advised that plea negotiations are in progress. Powell waived his right to a speedy trial. A motions hearing/ change of plea hearing is set for September 2.

Newly appointed defense counsel asked for a continuance in the case the State vs Eric Dakota Castle, 22, of Princeton. Counsel also asked for modification of the defendant’s bond to allow him to work out of state. Once the state has the home confinement requirements, it will advise the court of its acceptance or denial of bond modification.

A sentencing hearing was held in the case the State vs Joseph D. Friel, 25, of Cass, wherein the defendant was sentenced to one to five years with the West Virginia Divisions of Corrections. Sentence was suspended and Friel was placed on monitored home confinement. He is to abide by all terms and conditions set by the court and is to participate in a sexual offender treatment program. The court assessed a fine of $1,000.

Gary Wayne McKenney, 71, of Marlinton, did not want to testify at his bond revocation hearing. An evidentiary hearing is set for August 6. McKenney will remain at the Tygart Valley Regional Jail until that time.

Richard Wayne Brewer, 31, of Beverly, appeared by video from the TVRJ for his status hearing, where the State advised that neither it nor defense counsel had received an evaluation report. The matter was continued for good cause until August 19.

Through a written plea agreement, Nicholas K. Cutlip, 24, of Elkview, pleaded guilty to entering a building other than a dwelling. The court withholds adjudication and placed the defendant on supervised probation for 18 months due to a diversion agreement between Cutlip and the State. Cutlip is to pay $50 in restitution and is to perform 100 hours of community service, preferably on national forest land.

Clinton E. Buzzard, 37, of Marlinton, appeared by video from TVRJ for his status hearing. Defense counsel advised the court that Buzzard is ready to plea and documents are being prepared. A change of plea hearing is scheduled, and a motion for reinstatement of bond will be heard at that time.