The following cases were recently heard in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
Brian L. Doss, 33, of Marlinton, pleaded guilty to one count, malicious assault, and one count, use or presentation of a firearm during the commission of a felony. The court adjudged him guilty of the same. Doss was sentenced to not less than two years nor more than 10 years for malicious assault, and a determinate sentence of eight years for the use or presentation of a firearm during the commission of a felony. Sentences shall run consecutively, and credit for time served is 513 days.The state reserves the right to bring the matter on for restitution at a later date.
A bond revocation hearing was held in the case the State vs Kevin A. Withers, 38, of Marlinton, wherein defense counsel advised the court that a psychological evaluation is being performed and he was uncertain as to how the hearing could proceed. The State related that probable cause exists for revoking bond. The matter is continued to August 17.
A pretrial status conference was held in the case the State vs Eric Jeffrey Stephen Brown, 29, of Marlinton, wherein the defendant wai-ved his right to a speedy trial. Brown was indicted on one felony count of failure to register as a sex offender.
Gilberto Santana Rivera, 53, of Durbin, pleaded guilty to the felony offense of driving revoked for DUI, third offense. At his sentencing hearing the state advised that it believed the defendant would re-offend and the state would not be supportive of alternate sentencing. The court accepted the pre-sentence investigation report and related that the defendant does have a significant criminal history. Rivera was sentenced to not less than one year nor more than three years in the state penitentiary, fined the minimum of $3,000 and court costs were assessed. He was remanded to custody.
The court found that Carl Kidd, 40, of Bartow, was in violation of his probation by failing to successfully complete the drug court program. The matter was set for disposition July 21.
A bond revocation hearing was held June 29 in the case the State vs Phillip Dean, Jr., 49, of Marlinton, wherein the State recommended a short sanction, and that an evidentiary hearing be held in 30 days. At that July 14 hearing, the state and defense counsel agreed to a proposed sanction of 22 days as time already served. Dean was to report to the home confinement officer by 3 p.m. that day.
A hearing was held in the case the State vs Jeremy Self, 62, of Durbin, wherein defense counsel advised the court that four items in the motion have not been provided at this point. Counsel asked for an order to compel CPS to provide that information. The court will direct CPS to provide the information if it is possible to do so. Self was indicted by the April 2021 Grand Jury on three counts, sexual abuse in the first degree, a felony; one count, sexual abuse by a custodian of a child, a felony.