The following hearings were recently held in Pocahontas County Circuit Court:
A status hearing was held in the case the State vs Sergio D. Rodriguez-Huertas, 28, of Durbin, wherein the court received a report from a psychological evaluation and determined that the defendant is competent to stand trial. Rodriguez-Huertas waived his right to a speedy trial in this term of court. A charge of plea hearing is set for January 4, 2024.
Shawn Barb, 34, of Hillsboro, tendered a written plea agreement to the court wherein he pleaded guilty to the felony offense of possession of stolen property. The court withheld adjudication and Barb was placed in the Southeastern Regional Drug Court Program. The defendant will not be released until he has a suitable home in Pocahontas County where he can be hooked up on home confinement. He was remanded to custody of the Tygart Valley Regional Jail. The State moved to dismiss Count III of the indictment. The State will have 60 days to address restitution as to the agreement, otherwise it will be waived.
Nickolas Bragg, 36, of Marlinton, appeared by video from the St. Mary’s Correctional Center for a change of plea hearing. The State asked that the matter be moved to the next term of court due to new charges. Bragg waived his right to a speedy trial during this term of court.
Brian Michael Mason, 35, of Hillsboro, signed a written plea of guilty to Count I of his indictment, entry of a building other than a dwelling, a felony; and Count IV, child neglect creating risk of serious bodily injury, a felony. The court accepted the plea and deferred adjudication. Mason will participate in the Southeastern Regional Drug Court Program. The State asked that Counts II and III of the indictment be dismissed with prejudice.
Defense counsel for Justin Arbogast, 35, of Valley Head, asked for modification of bond to remove home confinement condition as Arbogast has been on home incarceration in another county since April 2022. The court granted the motion, and the defendant waived his right to a speedy trial. Jury trial is set for April 17, 2024. Arbogast remains on present bond.
In-person sentencing was held in the case the State vs Eli P. Pritt, 23, of Marlinton, wherein the defendant made a motion to suspend sentencing and to be placed in the Youthful Offender Program at Anthony Correctional Center. The State did not object. Pritt was committed to the WVDOCR to be placed at Anthony Correctional Center c/o Denmar Correctional Center for not less than six months nor more than 24 months. Pritt was remanded to the Tygart Valley Regional Jail until he can be transported to Anthony Correctional Center.
Virginia Hall, 41, of Hillsboro, will plead guilty to a charge of grand larceny and adjudication will be deferred to allow the defendant to be placed on supervised probation for one year. Hall may remain on present bond.
Steve Good, 33, of Durbin, waived his right to an evidentiary hearing and admitted to the allegations in the petition. Defense counsel asked that the defendant be placed back on probation. The State related that the defendant has not done any community service, which is a requirement on Day Report, and he has not called in to comply with the Day Report Program. The court deferred disposition in this matter for now to see if the defendant will comply with the terms and conditions previously ordered by the court. Good had pleaded guilty to receiving or transferring stolen property.
