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Circuit Court

September 29, 2021
in Circuit Court News
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The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:

Melanie D. Cosner, 47, of Durbin, successfully completed the requirements in the deferred adjudication agreement, and withdrew her guilty plea to the offense of delivery of a Schedule II non-narcotic substance, and pleaded guilty to the lesser included misdemeanor offense of possession of a controlled substance. The court accepted the joint recommendation of the State and Defense Council and suspended her 90-day sentence, and placed Cosner on unsupervised probation for six months.

Brenda Myers, 51, of Durbin, appeared by video from the regional jail and pleaded guilty to Child Neglect Resulting in Serious Bodily Injury. The matter was referred to the probation department for a pre-sentence investigation. Sentencing and disposition is set for November 4, 2021. Myers is to register with the Child Abuse/Neglect Registry with the West Virginia State Police within three days of her release from incarceration. Bond was denied.

Nathan Frame, 22, of Marlinton, pleaded guilty to one count, grand larceny, a felony; one count, receiving or transferring stolen property, a felony; two counts, petit larceny, a misdemeanor. The matter was referred to the probation department for a pre-sentence investigation. Sentencing and disposition is set for November 1, 2021.

Journey Robinson, 21, of Marlinton, appeared for her arraignment hearing and pleaded not guilty to one count, possession with intent to deliver methamphetamine, a Schedule II, controlled non-narcotic substance, a felony; one count, possession with intent to deliver a Schedule II, controlled narcotic substance, a felony. She waived her right to a speedy trial and remains on current bond.

In her arraignment hearing, Kristin Kershner, 21, of Hillsboro, pleaded not guilty to one count, possession with intent to deliver methamphetamine, a Schedule II, controlled non-narcotic substance, a felony; one count, possession with intent to deliver a Schedule II, controlled narcotic substance, a felony. She remains on current bond.

A change of plea hearing was held in the case the State vs Gary McKenney, 71, of Marlinton, wherein the defendant pleaded guilty to the charge of driving while license is revoked for driving under the influence of alcohol, third offense. The court granted the State’s motion to dismiss with prejudice the second count in the indictment as well as three magistrate court cases. The probation department will complete a pre-sentence investigation. Sentencing is set for November 18, 2021.

Clinton Buzzard, 37, of Marlinton, failed to appear for his hearing on a Petition to Revoke Probation. A capias was issued.

Larry A. Turner, 42, an inmate in the Southern Regional Jail, waived his right to a speedy trial. A status hearing is set for December 15, 2021.

Richard Whyne Brewer, 31, of Beverly, appeared by video from the Tygart Valley Regional Jail, and pleaded guilty to the charge of willfully, unlawfully and maliciously setting fire on lands, a felony; and to the misdemeanor charge of destruction of property. The Court granted the State’s motion to dismiss the second and third counts of the indictment. The probation department will complete a pre-sentence investigation. Sentencing is set for November 23, 2021.

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