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Circuit Court

March 15, 2017
in Circuit Court News
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According to Pocahontas County Clerk Connie Carr, the following case was heard February 22 before the Honorable Judge Robert Richardson:

The court denied a motion for reduction of sentence and alternative sentencing for Christian Paige Haney, 22, of Hillsboro, as the defendant has a past history of drug felonies and did not complete the Anthony Center Correctional Program. Haney was remanded to custody. She is charged with one count, manufacture of a controlled substance.

The Honorable Judge Jennifer P. Dent heard the following cases March 7:

In a change of plea/sentencing hearing in the case the State vs Herold Timmy Garretson, 38, of Stafford, Virginia, the defendant tendered a plea agreement wherein he would plead guilty to attempted voluntary manslaughter and the State would dismiss the felony charge of murder. The court accepted the plea and sentenced Garretson to not less than one year and not more than three years in the Department of Corrections. Court costs were assessed. Restitution is to be paid to the Estate of the victim, Randall L. Taylor, II, including funeral expenses. The defendant will have 18 months from the date of his release from DOC to pay the court costs and restitution.

In the case the State vs Paul David Snyder, 37, an inmate at Denmar Correctional Center, the defendant waived his right to an extradition hearing. The state of Kansas has 10 days to pick up the defendant. If they do not arrive in that time frame, a status hearing will be held March 22. Snyder was remanded to the custody of the DOC.

March 8 hearings:

Joshua Lee Kimble, 31, of Circleville, pleaded guilty to the felony in Count I of his indictment and the misdemeanor charges in Counts II and III were dismissed. He will enter the drug court program, and upon successful completion, Count I will be dismissed. Kimble was indicted on one count, driving under the influence, third offense; one count, possession of a controlled non-narcotic substance, methamphetamine; one count, driving revoked for DUI.

A pretrial conference was held in the case the State vs Edwin Kinnison, 59, of Hillsboro, wherein defense counsel advised the court that plea negotiations are ongoing. A change of plea hearing is set for March 22, and trial is set for March 23. Kinnison is to report to the state police for processing on one count, attempted sexual assault, second degree.

In a status conference/ change of plea hearing in the case the State vs Kevin Phillips, 44, of Marlinton, defense counsel advised the court that plea negotiations are nearly complete. The state advised that it wants to confer with the arresting officer before going forward. Phillips is charged with two counts, delivery of a Schedule III controlled narcotic substance.

Larry Arbogast, 37, of Durbin, tendered a plea agreement wherein he would plead guilty to one count, burglary, and counts II through V would be dismissed. The court accepted the agreement and the State stood silent during sentencing. Arbogast was sentenced to not less than one year nor more than 15 years in the state penitentiary, and shall pay $1,000 in restitution to Charles Cobb.

Trial is set for March 30 in the case the State vs Harry McLaughlin, 62, of Dunmore. McLaughlin is charged with wanton endangerment involving a firearm and brandishing.

A continuance was granted in the case the State vs Christina M. Giese, 34, of Arbovale. Pretrial status conference is set for March 15. Giese is charged with forgery and obtaining property by false pretenses.

Robert Rakes, 35, of Roanoke, Virginia, did not appear for his pretrial hearing. Defense counsel advised that she was unaware of the whereabouts of the defendant. The state advised that a transport order had not been entered. Plea negotiations are in the works. The matter is set for a status/change of plea hearing March 15.

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