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Circuit Court

January 10, 2024
in Circuit Court News
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The following hearings were recently held in Pocahontas County Circuit Court:

Tanner Moore, 26, of Marlinton, appeared by video from the Tygart Valley Regional Jail for a status hearing, wherein defense counsel stated that they have not received the information from the investigation by the West Virginia State Police. The court gave the State until January 30 to provide the report on the investigation. Counsel for the defendant is to make changes to the protective order that was filed with the court and present it to the judge once it is completed. Pretrial hearing is changed to March 20 and the jury trial remains for the week of March 25. Moore was indicted on one count, first degree murder; and one count, use or presentation of a firearm during the commission of a felony.

A capias was issued for Stephanie Michelle Sharp, 38, of Hillsboro, who failed to appear for a status hearing. Sharp was indicted on one count, grand larceny, a felony; one count, conspiracy, a felony; one count, child neglect creating risk of serious bodily injury, a felony.

A status hearing was held in the case the State vs Jerry Schoolcraft, Jr., 61, of Renick, wherein the court granted the State’s motion for a continuance as the State is not prepared for trial. The court set March 4 as the new trial date. Schoolcraft was indicted on four counts, sexual assault in the second degree.

Roy Myers, 49, of Durbin, did not appear for a status hearing, but defense counsel related that Myers had not missed any prior hearings and the time was changed for this one. The assistant Prosecutor asked to be recused as she had served as a law clerk for the Judge who presided over the proceedings in Myers’ wife’s case. If the defendant doesn’t waive the conflict, the Prosecutor will proceed in the case. Myers was indicted by the April 2022 Grand Jury on one count, child neglect resulting in serious bodily injury; and one count, child neglect creating a substantial risk of death.

In the case the State vs Brian Mason, 35, of Hillsboro, the court granted a defense motion for withdrawal of the oral plea to Count IV – child neglect causing risk of bodily injury. The court accepted the amended plea of guilty to the felony offense of entry of a building other than a dwelling. Adjudication was deferred so Mason can participate in the Southeastern Regional Drug Program. The court granted the state’s motion to dismiss Count IV with prejudice.

A capias was issued for Michael Beverage, Jr., 37, of Marlinton, who failed to appear for his in-person arraignment. Beverage was indict- ed on one count, child neglect creating risk of serious bodily injury, a felony.

Sergio Rodriguez-Huertas, 28, of Durbin, tendered a written plea agreement to the court wherein he pleaded no contest pursuant to Kennedy v Frazier to the misdemeanor offense of petit larceny and the misdemeanor offense of battery. The court granted a defense motion for a continuance of disposition.

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