The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
A pretrial status conference was held in the case the State vs Andrew Baybutt, 49, of Mechanicsville, Virginia, wherein the defendant waived his right to a speedy trial during this term of court. The state advised the court that the defendant has not yet been processed. Baybutt was indicted on two counts, sexual abuse by a parent of a child, a felony; two counts, sexual abuse in the first degree, a felony.
Derek Hannah, 36, appeared by video from the Southwestern Regional Jail for a change of plea hearing. Hannah tendered a written plea agreement to the court, via his defense counsel, wherein he pleaded guilty to the lesser included misdemeanor offense of possession of a controlled substance; the misdemeanor offense of possession with intent to deliver a Schedule V controlled non-narcotic substance; and two counts, misdemeanor offense of person prohibited from possession of a firearm. The court dismissed, with prejudice, Count II, misdemeanor offense of possession with intent to deliver a Schedule V controlled non-narcotic substance. Bond remains at $10,000. The matter was referred to the probation department for a pre-sentence investigation report. Sentencing is set for April 5.
Charles Irvine, 49, of Marlinton, appeared by video from Tygart Valley Regional Jail for a preliminary hearing on a motion to revoke alternative sentence. Irvine admitted to the allegations in the petition. Defense counsel asked for home confinement so the defendant could attend a rehab program. The court sanctioned Irvine to 60 days in the regional jail. At the end of that time, he is to be released into the custody of a home confinement officer from Pocahontas County to be immediately hooked up on home confinement and to attend a rehab program.
Angela Turner, 48, of Marlinton, waived her right to a speedy trial during this term of court. The pre-trial status report indicates the case will not be ready for trial until the August term. Defense counsel, citing staffing problems in their office, asked for a continuance of the motion hearing. Turner was indicted on one count, driving while license revoked for driving under the influence of alcohol, third offense, a felony.
Erick Shawn Romanello, 43, of Marlinton, waived his right to a speedy trial. Defense counsel asked for the matter to be continued due to short staffing in the public defender’s office. The court will set the matter for the early part of April. Romanello was indicted on 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.
Spencer Combs, 20, of Marlinton, waived his right to a speedy trial. Motion hearing will be set in the next term. If the defendant finds employment out of state, he will be required to report his location and contact information to the court. Combs was indicted on one count, sexual assault third degree, a felony.
Tanner Lee Moore, 26, of Marlinton, appeared by video from the Tygart Valley Regional Jail for a pretrial status hearing. The status report indicates the matter will not be ready for trial during this term of court and that discovery is still being provided. Moore waived his right to a speedy trial in this term. He was indicted on one count, first degree murder, a felony; one count, use or presentation of a firearm during the commission of a felony, a felony.
Nickolas Dale Bragg, 36, of Marlinton, appeared by video from the Salem Correctional Center for his pretrial status hearing. Defense counsel advised the court that they had not had time to talk with the client. The matter is continued to March 23. Bragg was indicted on two counts, possession of stolen goods, a felony; one count, possession of a Schedule II controlled non-narcotic sub- stance, a misdemeanor.
A capias was issued for Shawn Barb, 33, of Marlinton, who failed to appear for his pretrial status conference. Barb was indicted on 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.
In the case the State vs David W. Mace, 37, of Marlinton, the court reduced the defendants bond to $10,000 cash/surety with the condition of Home Incarceration Program of Pocahontas County. He has to be released into the custody of the home confinement officer and be hooked up before immediately going to Anchor Point. As a condition, he is to attend long-term rehab at Anchor Point. If he leaves the program, he is to immediately contact the home confinement officer. Mace waived his right to a speedy trial. He was indicted on three counts, strangulation, a felony; two counts, wanton endangerment involving a firearm, a felony.