The following hearings were recently in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
Trent Evans Gutshall, 25, of Monterey, Virginia, was unable to attend his plea hearing as he has been sanctioned for 30 days in the state of Virginia. The matter in this court is continued to May 16.
Philip Andrew Hamilton, 35, of Marlinton, appeared by video from the Tygart Valley Regional Jail and waived extradition on a fugitive from justice warrant from Bath County, Virginia. He is to be picked up by Virginia authorities within 10 days.
A change of plea hearing was held in the case the State vs Eric Horn, 39, of Marlinton, wherein the defendant made a Kennedy v Frazier guilty plea to sexual abuse in the first degree, a felony. The court determined that Horn was competent to plea. The state moved to dismiss Counts II through XIII of the indictment with prejudice. The court instructed Horn to register as a sex offender. He will remain on current bond with the additional term that he cooperate in the presentence investigation interview. Sentencing and disposition hearing is set for May 27.
A motions hearing was held in the case the State vs Derrick Kerr, 34, of Marlinton, wherein the court granted a motion to suppress the search warrant. There is a pending motion with regard to the admissibility of the defendant’s statement. A further hearing on the matter will be held April 13.
A status hearing was continued in the case the State vs Monica Daniele Feury, 28, of Marlinton, due to the fact that she is a co-defendant with Derrick Kerr.
In person sentencing and disposition was held in the case the State vs Robbie Harlan, 39, of Norton. The defendant entered a plea of guilty to the misdemeanor offense of fleeing from law enforcement in an earlier hearing. The presentence investigation report was corrected to reflect that Harlan is now employed. Defense counsel asked for alternative sentencing of Day Report as the defendant is currently on Day Report in Randolph County. Harlan was sentenced to nine months in the regional jail with credit for one day served. If he is accepted into the Randolph program, a motion can be filed to modify sentencing. The defendant was remanded to custody.
An arraignment hearing was held in the case the State vs Roger W. Sills, 42, of Slaty Fork, wherein the defendant pleaded not guilty to the three felony counts of wanton endangerment with a firearm. He was indicted by the April 2022 Grand Jury.
Brian Lester Doss, 33, an inmate in the Tygart Valley Regional Jail, pleaded, pursuant to Kennedy v Frazier, to Count II of his indictment, malicious assault, a felony, and Count III, use or presentation of a firearm during the commission of a felony. The court deferred adjudication and the matter was referred to the probation department for a presentence investigation.