The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
The court granted a defense motion for a change in location for home confinement for Skylar Warren Tincher, 23, of Buckeye, but denied a motion to reduce his bond. An added condition to his bond is that he must notify his home confinement officer any time he will be going to or driving through Randolph County.
The court found that Journey Robinson, 22, of Marlinton had violated the terms and conditions of her bond by drug use – marijuana and mushrooms – and revoked her bond. Defense council asked for reinstatement of bond, and the court granted the motion with the added condition of Day Report.
Nathan Frame, 23, of Marlinton, has successfully completed the youthful offender program at Anthony Correctional Center and received suspended sentences for grand larceny and receiving or transferring stolen property. He was given 701 days’ credit for time served and was placed on probation for 18 months. He is required to pay restitution in the amount of $1,455 and court costs.
Luke M. Gum, 34, of Dunmore, waived his right to a speedy trial. Gum was indicted on three counts, sexual abuse in the first degree, a felony; three counts, sexual abuse by a parent, guardian or custodian of a child, a felony; four counts, sexual assault in the first degree, a felony.
Derek Stephen Hannah, 36, an inmate in the Southwestern Regional Jail, waived his right to a speedy trial. Hannah was indicted on one count, possession with intent to deliver methamphetamine a Schedule II, controlled non-narcotic substance, a felony; two counts, possession with intent to deliver a Schedule V controlled non-narcotic substance, a misdemeanor; two counts, person prohibited from possessing a firearm, a misdemeanor.
At his August 17 arraignment, Ross George Benedict, 36, hometown unknown, pleaded not guilty to one count, burglary, a felony; one count, destruction of property, a misdemeanor. He also filed a motion for a speedy trial during this term of court. Trial was set for November 9. At a pre-trial status conference October 12, defense counsel advised that there were motions pending and not all discovery had been provided. The court set a motions hearing for November 21.
Defense counsel for Kristina Dawn Bennett, 42, of Circleville, advised the court that he has trouble contacting the defendant as she is moving around, and he has not been able to discuss speedy trial rights with her. Bennett had pleaded not guilty to one count, driving under the influence third offense, a felony.
Logan R. Fedak, 18, of Bartow, waived his right to a speedy trial. Motions hearing is set for December 21. Fedak pleaded not guilty to one count, sexual abuse in the first degree, a felony; one count, attempted sexual abuse in the first degree, a felony.
William Steven Feury, 29, an inmate in the Tygart Valley Regional Jail, appeared via video and asked for modification of his bond to $2,000 cash or surety. The court granted the motion with the added condition of Pocahontas County Day Report. He waived his right to a speedy trial. Feury pleaded not guilty to one count, entry of a building other than a dwelling, a felony; one count, attempted grand larceny, a felony.
A pre-trial conference was held in the case the State vs Sheena E. Crites, 37, Circleville, wherein defense counsel asked for severance of the counts in the case. The state will move forward with Count I of the indictment. Crites waived her right to a speedy trial. She had pleaded not guilty to two counts, possession with intent to deliver methamphetamine a Schedule II controlled, non-narcotic substance, a felony; and one count, possession with intent to deliver marijuana a Schedule I controlled, non-narcotic sub- stance, a felony.
Negotiations are in progress in the case the State vs Casey Elizabeth Crabtree, 26, of Hillsboro. Crabtree waived her right to a speedy trial. Crabtree pleaded not guilty to eight counts, forgery, a felony; six counts, uttering, a felony.
A motion hearing was held in the case the State vs Kevin A. Withers, 38, of Marlinton, wherein defense counsel put forth a motion of Double Jeopardy in that the defendant has been charged with two counts of fleeing with reckless indifference and asked that one count be dismissed. The court denied the motion. Withers waived his right to a speedy trial.
Bryan D. Thompson, 61, of Hillsboro, failed to appear for his pre-trial conference. A capias was issued.
In the case the State vs Charles Nathaniel Irvine, 49, of Marlinton, the state advised the court that it was ready to proceed to trial and had subpoenas ready. After conferring with counsel, the defendant waived his right to a speedy trial and will negotiate a plea agreement with the state. Irvine pleaded not guilty to one count, driving revoked for driving under the influence of alcohol, third offense, a felony.
Roger Warren Teter, Jr., 49, of Dunmore, was not present for his motions hearing, but called in. He advised that he could not appear in person due to vehicle problems. The court advised Teter that he needed to have a back up plan for future hearings. Defense counsel asked for time to obtain information from the medical examiner’s office about fingerprints that were submitted in August to determine if the defendant is the same person who was arrested. A court order is needed to obtain this information. Teter waived his right to a speedy trial. Teter pleaded not guilty to one count, possession with intent to deliver Methamphetamine, a Schedule II controlled non-narcotic substance, a felony; one count, possession with intent to deliver a Schedule III, controlled narcotic substance, Buprenorphine, a felony.
A hearing to revoke bond was held in the case the State vs Eli P. Pritt, 22, of Marlinton, wherein the defendant admitted to the allegation in the petition. The court revoked his bond. Defense counsel put forth a motion to reinstate bond and allow Pritt to be hooked up on monitored home confinement. The state did not object but asked for the added condition of Day Report. After considering the representations of counsel, the court advised the parties that the court would take the motion under advisement. The court set bond in the amount of $10,000, cash, property or surety, with the conditions of home incarceration and bond supervision and drug screening through Pocahontas County Day Report. Pritt pleaded not guilty to one count, entry of a building other than a dwelling, a felony; one count, grand larceny, a felony.
Roger Sills, 42, of Slaty Fork, tendered a written plea agreement to the court wherein he pleaded guilty to count I, wanton endangerment involving a firearm, a felony, and to the lesser included offense in count II, brandishing a deadly weapon, a misdemeanor. The matter was referred to the probation department for a presentence investigation report.