The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
Frances Darlene Fisher, 29, of Marlinton, has accepted a plea offer from the State and defense counsel asked that a plea hearing be set. Fisher was indicted on one count, grand larceny.
Jerry Schoolcraft, 61, of Renick, failed to appear for a hearing on a motion for bond modification. The court denied the motion to modify Schoolcraft’s bond and found that not appearing for the hearing is a violation of bond.
Steven Kelley Bennett, 48, of Green Bank, has reached a plea agreement on one charge and a jury trial is scheduled for September 20 with regard to a second charge. Bennett was indicted on one count, grand larceny; one count, destruction of property; and one count, conspiracy.
In person sentencing was held in the case the State vs Kevin Withers, 39, of Marlinton, wherein the court sentenced the defendant to not less than one year nor more than five years in the state penitentiary. Withers was given 378 days’ credit for time served, fined $1,000 and court costs were assessed. He was remanded to the custody of the West Virginia Department of Corrections.
Christopher Michael Waybright, 38, of Arbovale, admitted to the charges in the petition to revoke his bond. Defense asked for reinstatement of bond on monitored home confinement. The State did not object but asked that the defendant be placed on day report, as well. Court reinstated bond to $5,000 cash/surety, with the added conditions of Pocahontas Day Report and random drug screens.
Nickolas Dale Bragg, 36, of Marlinton, appeared by video from Pruntytown Correctional Center for a bond hearing. The court granted a motion to modify his bond and reduced it from $30,000 to $8,000 cash /surety/property with the added condition that he is to reside in Raleigh County. Bragg waived his right to a speedy trial and the matter is set for the next term of court. Bragg was indicted on two counts, possession of stolen goods; and one count, possession of a Schedule II controlled non-narcotic substance.
A change of plea hearing was held in the case the State vs Daniel C. Good, 32, of Durbin, wherein the defendant pleaded guilty to the felony offense of Grand Larceny, and the parties recommended that he be entered into the Southeastern Drug Court Program. Adjudication was delayed to allow Good time to complete the drug court program. The state asked for dismissal with prejudice of Count II, destruction of property, and Count III, receiving stolen property.
A hearing to revoke alternative sentence was held in the case the State vs Phillip Dean, 50, of Marlinton, wherein the defendant waived his right to an evidentiary hearing and stipulated to charges in the petition to revoke. The court heard testimony of witnesses on behalf of the defendant’s motion for home confinement. After a review of the testimony, the court noted that Dean was earlier sentenced to home confinement on five counts of wanton endangerment regarding a firearm and this is the third violation of the alternative sentence. Dean was given the opportunity to obtain treatment through drug rehab and appeared in court again for the use of illegal drugs. The court denied the state’s motion to revoke alternative sentence and the defendant is given one more chance to return to home confinement. He is sanctioned to 120 days in the regional jail with credit for time served of 48 hours. Upon completion of sanction he will return to the county’s home confinement program with strict additional requirements. Dean was remanded to the custody of the sheriff for return to Tygart Valley Regional Jail. Dean was indicted by the December 2018 Grand Jury.
Clarence Irvine, 49, of Marlinton, appeared by video from the Tygart Valley Jail for a status hearing. He was picked up on a capias for not completing a drug rehab program and not returning to Tygart Valley Jail. Irvine is to complete the sanction ordered earlier by the court for a violation of home incarceration. Upon completing of the sanction, he will return to home confinement.
Shawn Barb, 34, of Hillsboro, appeared by video from the Southern Regional Jail for a status conference. The State related that the matter has not moved forward due to the defendant being unavailable because of preliminary hearings and other charges elsewhere. Defense counsel related that they had reached out to the State for a possible global plea agreement on multiple charges in Pocahontas County.
Phyllis J. McCray, 44, of Belington, waived her right to a speedy trial and the matter is moved to the next term of court. McCray was indicted on one count, grand larceny; one count, destruction of property; and one count, conspiracy.
A hearing was held on a motion for reconsideration of sentence in the case the State vs Michael Turner, 46, of Marlinton, wherein defense counsel asked for home confinement. The court has taken the matter under advisement and will rule.
A jury trial is set for November 27 in the case the State vs Tanner Moore. Moore was indicted on one count, first degree murder; and one count, use or presentation of a firearm during the commission of a felony.
