The following hearings were recently held in the Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
A sentencing hearing was held in the case the State vs Brenda Myers, 51, of Durbin, who appeared by video from the Tygart Valley Regional Jail. The pre-sentence investigation report was tendered to the court. Defense counsel objected to the addition of the Victim Impact Statement prepared by the Court Appointed Special Advocate on behalf of the victim. The court does not consider the addition to be a Victim Impact Statement and the court advised it is entitled to information according to the circumstances in this matter. As to sentencing, defense counsel asked for alternative sentencing with home incarceration. The state objected and asked for the maximum sentence due to the victim being scarred for life. Myers was sentenced to not less than one year nor more than ten years to the state penitentiary. Upon completion of sentence or parole, she will be subject to an additional supervision period of 25 years by the probation department of this court with additional conditions. On September 21, 2021, Myers pleaded guilty to Child Neglect Resulting in Serious Bodily Injury.
Samuel Lee Williams, 35, of Hillsboro, appearing by video from the Tygart Valley Jail, pleaded guilty to the misdemeanor offense of Transferring Stolen Property. The court accepted the plea and the matter was referred to the probation department for a pre-sentence investigation.
Michael Craig Turner, 42, of Marlinton, pleaded guilty to Third Offense Domestic Battery, a felony. The court withheld adjudication to allow Turner to enter the Southeastern Drug Court Programs. If he successfully completes the program, the plea may be withdrawn and this matter will be dismissed.
Larry A. Turner, 42, of Marlinton, appearing by video from the Salem Correctional Center, pleaded guilty to Count IV of his indictment, Grand Larceny, a felony; and Count VII, Burglary, a felony. The state, as per the plea agreement, dismissed Counts I, II, III, V and VI with prejudice. The matter is set for sentencing and disposition February 7, 2022.
An extradition hearing was held in the case the State vs Richard Allen Smith, 28, of Marlinton, wherein the defendant waived his right to the hearing and is to be picked up by authorities of Brevard County, Florida, by December 27.
A change of plea hearing was held in the case the State vs Rodney Brewer, 49, who appeared by video from the Tygart Valley Regional Jail. Brewer pleaded guilty to Count I of the indictment, Person Prohibited from Possessing a Firearm, a felony; Count II and Count V, Driving While License Revoked for Driving Under the Influence of Alcohol, misdemeanors; Count III, Person Prohibited from Possessing a Firearm who Carries a Concealed Firearm, a felony; Count VI, Possession with Intent to Deliver a Schedule II controlled non-narcotic substance, a felony; Count VII, Possession with Intent to Deliver a Schedule III controlled narcotic substance, a felony. The court accepted the plea and dismissed Count IV in this matter as well an additional case against the defendant. Sentencing and disposition is set for January 27, 2022.
Plea negotiations are in the works in the case the State vs Eric Horn, 38, of Marlinton. Horn was indicted on 11 counts of Sexual Abuse in the First Degree and two counts of Sexual Assault in the First Degree. His bond was set at $30,000.
Defense counsel asked for a continuance in the case the State vs Trent Evans Gutshall, 24, of Monterey, Virginia. Gutshall was indicted on one count, Fleeing from a Law Enforcement Officer with Reckless Indifference to the Safety of other persons.