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 the State asked for a continuance of the pre-trial conference and trial due to the main witness being unavailable. Defense counsel also asked for a continuance due to surgery being scheduled during that time for a family member. Pre-trial conference is now set for May 15; and trial is set for May 20. 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 sentencing hearing was held in the case the State vs John Stull, 34, of Bartow, wherein the court received the pre-sentence investigation report and a substance abuse evaluation. The court found, from all evidence presented, that the plea agreement is not in good standing with the fair administration of justice, and the court did not accept the agreement. Stull was indicted on one count, person prohibited from possessing a firearm; one count, negligent shooting.
A hearing on motion to revoke bond was held in the case the State vs Roy Myers, 49, of Durbin, wherein the defendant waived his right to the preliminary hearing and the evidentiary hearing. The court found that Myers had violated the terms and conditions of his probation by drug abuse. Motion for bond was not granted at this hearing to give the defendant an opportunity to bring the motion on again after determining available substance abuse programs. The matter is set for a status hearing April 11. The April 2022 Grand Jury indicted Myers on one count, child neglect resulting in serious bodily injury; one count, child neglect creating a substantial risk of death.
In person sentencing was held in the case the State vs Landon Gibson, 21, of Buckeye, wherein defense counsel advised the court that the defendant had completed a drug re-hab program and has followed a good path since. The State will rely on the court for sentencing. Gibson is sentenced to one year in the regional jail, but will be permitted to serve his sentence on monitored home incarceration. Normal terms and conditions apply with assessment at Day Report Center. Court costs are to be paid and will stand as a judgment against the defendant. No fine.
Greg Charles Sharp, 39, of Cass, tendered a written plea agreement to the court wherein he pleaded guilty to one count of battery, and pursuant to the agreement, the State dismisses one count, attempted sexual abuse in the first degree. The matter is referred to the probation department for a presentence investigation report. Sentencing and disposition is set for March 20. Sharp remains on present bond.
A four-day jury trial had been scheduled to begin February 6 in the case the State vs Skylar Tincher, 24, of Buckeye. At a pre-trial conference held January 31, Tincher waived his right to a speedy trial as the State related that the matter is not ready for trial and may be moving toward an agreement. Tincher was indicted on one count malicious assault; one count, attempted murder; one count, use or presentation of a firearm during the commission of a felony.
Steven Good, 31, of Durbin, admitted to violating the terms and conditions of his probation and his attorney asked for disposition to be home confinement. The State objected and the court declines the motion for home incarceration. Good was sanctioned by confinement in the regional jail from January 31 to February 5, and his probation is extended for six months. Good was remanded to custody.
Kristie Dawn Moore, 34, of Marlinton, waived her right to a speedy trial and defense counsel advised the court that a plea negotiation is anticipated. Moore was indicted on one count, entry of a building other than a dwelling; one count, conspiracy to commit a felony; one count, petit larceny.
A pre-trial status hearing was held in the case the State vs Wendell Edward Johnson, 55, of Cass, wherein defense counsel asked for a competency psychological evaluation for the defendant. Johnson waived his right to a speedy trial, and the matter is set for a competency hearing March 28. Johnson was indicted on one count, wanton endangerment involving a firearm; one count, obstructing an officer.
Defense counsel for Jeremy D. Moore, 38, of Marlinton, advised that court that the matter may be negotiated. Moore waived his right to a speedy trial and the matter is set for a status hearing April 18. Moore was indicted on one count, entry of a building other than a dwelling; one count, conspiracy to commit a felony; one count, petit larceny.