The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
In the case the State vs Joseph Tawney, 40, of Marlinton, the court released the defendant from home confinement and placed him on parole for one year while he completes payment of restitution and court costs.
The court denied a motion for reduction of sentence and probation for Eric Horn, 39, of Marlinton, because of the nature of the offense and the fact that the defendant has not taken full responsibility for what he has done. Horn was sentenced in June to not less than five years nor more than 25 years. At the end of his incarceration he will be placed on extended supervised probation for the maximum term allowed by law – 50 years. Horn is to register on the sexual offender program and follow the terms and conditions, one of which is no contact with children other than his own. The defendant will also be responsible for any costs involved in counseling for the victim.
A plea agreement has been reached in the case the State vs Kevin Withers, 34, of Marlinton. A change of plea hearing is set for January 27.
A change of plea hearing is set for January 23 in the case the State vs Kristina Dawn Bennett, 42, of Circleville, who is incarcerated in the Tygart Valley Regional Jail.
A status conference was held in the case the State vs Clayton Ray Wykle, 48, of Lindside, wherein defense counsel advised the court that the defendant has serious medical issues and has been unable to fulfill the conditions of his pre-trial diversion agreement. Defense asked for a deferred adjudication to allow Wykle a longer period of time for payment of restitution. A further status hearing is set for February 10, with all motions for trial to be filed by February 9.
Charles Irvine, 49, of Marlinton, tendered a plea agreement to the court and was adjudged guilty of driving while revoked for DUI, third offense. Irvine was sentenced as to the plea agreement to West Virginia Department of Corrections for not less than one year nor more than three years. He will be permitted to discharge his sentence on monitored home confinement with specific conditions that he is not to drive on roads or public ways of this state without a valid license. Irvine was fined $3,000 and court costs were assessed. Fines are to be paid during period of home confinement.
In the case the State vs Jeremiah Powell, 41, of Max-welton, the court granted a motion to allow the defendant to reside at the Samaritan Inn in Charleston with GPS monitoring from the time he leaves the Southwestern Regional Jail, and continuing while he is at the facility. Josh Vaughan will be responsible for the monitoring.
Arraignment Hearings:
David W. Mace, 37, of Marlinton, appearing by video from the Southern Regional Jail, pleaded guilty to three counts, strangulation, a felony; two counts, wanton endangerment involving a firearm, a felony. Pretrial status conference is set for February 16. The court approved the previously set bond in the amount of $40,000.
Sergio D. Rodriguez-Huertas, 28, of Durbin, did not seem to understand what was happening at his hearing although he had conferred with his counsel by way of an interpreter. The matter is continued. Defense counsel was directed to convert the indictment to Spanish for the defendant.
Patrick Butler, II, 36, of Slaty Fork, appearing by video from Tygart Valley Regional Jail, pleaded not guilty to one count, strangulation, a felony; one count, domestic battery, a misdemeanor.
Ralph Jeffrey McLaughlin, 54, of Dunmore, appeared by video from TVRJ, and pleaded not guilty to one count, driving while license revoked for driving under the influence of alcohol, third offense, a felony; one count, crashes involving personal injury, a misdemeanor.
Adam Harwell, 36, of Marlinton, pleaded not guilty to one count, unlawful assault, a felony; one count, wanton endangerment involving a firearm, a felony; one count, use or presentation of a firearm during the commission of a felony, a felony. He remains on $40,000 bond with the condition of home confinement and no contact with victims.
Daniel C. Good, 32, of Durbin, pleaded not guilty to one count, grand larceny, a felony; one count, destruction of property, a misdemeanor; one count, receiving or transferring stolen property, a felony. He remains on previously posted bond.
Frances Darlene Fisher, 29, of Marlinton, pleaded not guilty to one count, grand larceny, a felony. The defendant is to undergo substance abuse treatment and evaluation. She will remain on previously posted $10,000 bond.
Franklin Monroe Cook, 64, of Caldwell, pleaded not guilty to three counts, sexual abuse in the first degree, a felony; two counts, sexual abuse by a custodian of a child, a felony; three counts, sexual assault in the first degree, a felony. Bond was set at $30,000 cash/surety/property with special condition of no contact with victims, direct or indirect.
Joshua Ray VanReenen, 35, of Hillsboro, pleaded not guilty to one count, malicious assault, a felony; one count, wanton endangerment involving a firearm, a felony; one count, use or presentation of a firearm during the commission of a felony, a felony. He remains on previously posted $70,000 bond.
Skylar Tincher, 23, of Buckeye, pleaded not guilty to one count malicious assault, a felony; one count, attempted murder, a felony; one count, use or presentation of a firearm during the commission of a felony, a felony. He remains on previously posted $50,000 bond with the condition of home confinement and no contact with alleged victim.
Steven K. Bennett, 47, of Green Bank, pleaded not guilty to driving while license revoked for DUI. He remains on $5,500 bond.
Angela Turner, 48, of Marlinton pleaded not guilty to one count, driving while license revoked for driving under the influence of alcohol, third offense, a felony. She remains on $5,000 surety bond.
Eric Shawn Romanello, 42, of Marlinton, pleaded not guilty to one count, driving while license revoked for driving under the influence of alcohol, third offense, a felony; one count, possession of a Schedule III controlled narcotic substance, Buprenorphine, a misdemeanor. The defendant may remain on previously posted $10,000 bond. The court granted defense counsel’s motion for bond supervision modification as Romanello no longer works out of state, but is now working at Snowshoe. The state related that the defendant could be released from Day Report.
Spencer Combs, 20, of Marlinton, pleaded not guilty to one count, sexual assault third degree, a felony. Bond was set at $10,000 cash/ property/surety. With special condition of no direct or indirect contact with the alleged victim or the alleged victim’s family.
Nicolas Dale Bragg, 25, of Marlinton, appearing by video from TVRJ, pleaded not guilty to two counts, possession of stolen goods, a felony; one count, possession of a Schedule II controlled non-narcotic substance, a misdemeanor. Bond was set at $30,000 cash/ property/surety with the special condition of no contact, direct or indirect, with alleged victims; and to stay at least 500 feet from their property at all times.
Shawn Barb, 33, of Hillsboro, appearing by video from the Southern Regional Jail, pleaded not guilty to one count grand larceny, a felony; two counts, receiving or transferring stolen property, a felony; one count, obtaining property by false pretenses; one count, receiving or transferring stolen property, a misdemeanor; one count, petit larceny, a misdemeanor; one count, destruction of property, a misdemeanor.
Andrew Baybutt, 48, of Mechanicsville, Virginia, pleaded not guilty to two counts, sexual abuse by a parent of a child, a felony; two counts, sexual abuse in the first degree, a felony. Bond was set in the amount of $25,000 cash/surety, with the condition of no contact with the victim or the victim’s mother. Baybutt will reside in California and will be allowed to travel throughout the United States for employment purposes only.
Tanner Lee Moore, 25, of Marlinton, appearing by video from the TVRJ, pleaded not guilty to one count, first degree murder, a felony; one count, use or presentation of a firearm during the commission of a felony, a felony. Bond remains at $200,000 cash/ surety. If the defendant posts bond, he will be placed on home incarceration.
