The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richard and Jennifer P. Dent:
In the case the State vs Jeremi Kincaid, 28, of Marlinton, the court, having denied a defense motion to dismiss the indictment, set the matter for a five-day trial beginning October 17. A special questionnaire will be used for prospective jurors. The clerk was instructed to draw an additional number of jurors for the August 2022 term of court. Kincaid was indicted on one count, murder in the first degree.
A final pre-trial hearing was held May 20 in the case the State vs Terri Bradshaw, 42, of Gandeeville, wherein the defendant asked for a continuance due to health problems. The court denied the motion and Bradshaw was to present the State with her evidence by May 25. The trial was on the docket for June 1. At a status hearing June 1, Bradshaw asked that Judge Robert E. Richardson be recused from the case. Richardson forwarded a letter to the West Virginia Supreme Court of Appeals for determination of recusal. The matter is stayed until a response is received.
Charles Lowell Brockway, Jr., 33, of Marlinton, appeared by video from the Southern Regional Jail for his extradition hearing. Brockway waived his right to the hearing and will voluntarily return to the Commonwealth of Virginia, Chesterfield County. The defendant’s request for bond was denied.
In the case the State vs Carl Kidd, 40, of Bartow, the court granted a defense motion for modification of probation by removing the defendant from drug court and placing him back on probation with the condition of home incarceration.
Probation was revoked for Bradley C. McDaniels, 44, of Marlinton, as he had three sanctions while on probation. He was remanded to the custody of the West Virginia Department of Corrections to serve his original sentence of not less than one year nor more than five years. He was given 115 days’ credit for time served.
A change of plea hearing was held in the case the State vs Journey Robinson, 22, of Marlinton, wherein the defendant waived her right to a speedy trial. A pre-trial conference is set for October 20, with a two-day jury trial scheduled for November 3. Robinson was indicted on charges of possession with intent to deliver.
Ina B. Pennington, 48, of Marlinton, received a suspended sentence and was placed on probation for three years. She was assessed court costs, but no fine was imposed.
Trent Gutshall, 25, of Monterey, Virginia, pleaded guilty to the felony offense of fleeing from a law enforcement officer with reckless indifference to the safety of other persons. The matter was referred to the probation department and sentencing and disposition is set for August 1. Gutshall remains on current bond.
A pre-trial status hearing was held in the case of the State vs Bryan D. Thompson, 60, of Hillsboro, wherein defense counsel advised that the matter was not ready for trial. Thompson waived his right to a speedy trial and the matter is set for another status hearing July 20.
A sentencing hearing was held in the case the State vs John Dockendorf, 62, of Hendersonville, North Carolina, wherein the court received the presentence investigation report, which was “voluminous containing reference letters and a thumb drive.” The court heard from three persons speaking on behalf of the defendant. The defendant was also placed under oath and allowed to speak on his own behalf. The State responded with victim impact statements and several responses concerning calls to the prosecutor’s office. The court finds the defendant is knowingly relating that he did not commit a sexual crime, does not accept what he is convicted of and does not want therapy. The court is bound by agreement with the state wherein the victim does not wish to be a witness in this matter. The court sentenced Dockendorf to 90 days in the regional jail and fined him the maximum of $500. The defendant is to self-report to the Tygart Valley Regional Jail June 11, 2022 at 8 a.m.