The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
Steven K. Bennett, 48, of Green Bank, tendered a written plea agreement to the court wherein he pleaded guilty to the lesser included misdemeanor offense of driving while license revoked for driving under the influence of alcohol, second offense. In the process of the court proceeding with normal plea inquiries, the defendant related that he has never had a driver’s license. Counsel of record asked for a continuance until discovery can be provided on the matter. Bennett remains on previously posted bond.
Kristina Dawn Bennett, 43, of Circleville appeared for a hearing on motion for reconsideration. Bennett pleaded guilty in January to driving while license revoked for driving under the influence of alcohol, third offense. She was sentenced to not less than one year nor more than three years in the state penitentiary, sentences to run consecutively to other sentences imposed by other jurisdictions. Following testimony in the reconsideration hearing, the court found no information that would change the circumstances, and the motion was denied.
Adam Harwell, 36, of Marlinton, pleaded guilty to Count II of his indictment, wanton endangerment involving a firearm, a felony. Defense counsel asked for deferred adjudication. The court deferred adjudication for 18 months. Harwell must follow all terms and conditions of the plea agreement and participate in home incarceration with sliding fee scale with probation supervision. The court granted the state’s motion to dismiss of Counts I and III.
Defense counsel for Austin Carden, 24, of Dunmore, advised the court that they had not been provided discovery from the State. The defendant waived his right to a speedy trial. Carden was indicted on one count, grand larceny; one count, destruction of property; and one count, conspiracy.
In the case the State vs Landon Matthew Gibson, 20, of Buckeye, the court grated a defense motion to sever – counts II and III will be heard separately from count I. Gibson was indicted on one count, petit larceny, a misdemeanor; one count, grand larceny, a felony; one count, burglary, a felony.
A pre-trial conference is set for October 11 and a jury trial is set for October 18 in the case the State vs Justin Arbogast, 35, of Valley Head. Arbogast was indicted on one count, sexual assault in the first degree, a felony; one count, sexual abuse by a parent of a child, a felony; one count, incest, a felony
A hearing was held in the case the State vs Jerry Schoolcraft, 61, of Renick, wherein defense counsel presented a motion asking to modify the defendant’s bond to remove home incarceration. After hearing remarks from attorneys, the court denied the motion.
Schoolcraft was indicted on four counts, sexual assault in the second degree.
A revocation hearing was held in the case the State vs Spencer Combs, 30, of Marlinton, wherein the court discussed the consequences of failing to comply with the terms of the diversion agreement. Combs did not contest the allegations and waived his right to an evidentiary hearing. The court modified the terms of the diversion agreement to include participation in the Home Confinement Program for 60 days, subject to Day Report, and any other services deemed needed by the probation department. Combs has pleaded guilty to sexual assault, third degree.
Kimberly Waid, 48, of Marlinton, appeared by video from the Southern Regional Jail where she is waiting to face pending charges in Raleigh County. Raleigh County is still unable to pick up the defendant.
Christopher Michael Waybright, 38, of Arbovale, appeared by video from Tygart Valley Regional Jail for his pre-trial hearing. He waived his right to a speedy trial during this term of court. Jury trial is set for October 18. Waybright was indicted on one count, grand larceny.
Jury trial is set for November 15 in the case the State vs Nickolas Dale Bragg, 36, of Marlinton. Bragg was indicted on two counts, possession of stolen goods; and one count, possession of a Schedule II controlled non-narcotic substance.
Clifton Summerfield, Jr., 40, of Hillsboro waived his right to a speedy trial during this term of court. Status hearing is set for September 7. Summerfield was indicted on one count, person prohibited from possessing a firearm.
Jessica Dawn Snelson, 42, of Elkins, waived her right to a speedy trial and the court continued the matter for good cause into the next term of court. A two-day jury trial is set for November 1. Snelson was indicted on one count, grand larceny.
A five-day jury trial is set for November 6 in the case the State vs Jeremy Self, 33, of Durbin. Self was indicted by the April 2021 Grand Jury on three counts, sexual abuse in the first degree; and one count, sexual abuse by a custodian of a child.
An extradition hearing was held in the case the State vs Tracy Allen Taylor, 44, an inmate at Denmar Correctional Center, wherein the defendant waived his right to the hearing and expressed his wish to return to Tazewell County, Virginia, to face charges of grand larceny and conspiracy. Virginia authorities are to pick up the defendant by August 8 at 4 p.m.
A revocation of diversion hearing was held in the case the State vs Erick Shawn Romanello, 43, of Marlinton, wherein the court found probable cause that the defendant had violated the terms of the diversion agreement by missing drug screens. The state asked for an expert witness to appear remotely at the August 15 evidentiary hearing.
