The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
A bond revocation hearing was held in the case the State vs Tony Garretson, 52, of Marlinton, wherein the defendant waived his right to a preliminary hearing and moved to proceed with the motion to revoke bond. The state, in conferring with defense counsel, advised that it might consider a request for home confinement, but with extreme conditions that Garretson would only be allowed to leave his home for a medical issue, or if the home was on fire. The State also asked that the court order contain the language that if law enforcement finds the defendant has left the residence that he be picked up on a violation of home confinement and placed in the regional jail until a hearing can be held. The court related that the purpose of a bond is for court appearances and to protect the community. The court will permit Garretson to be outside the home, but within a 50-foot perimeter of the residence and will allow him to use his woodshop. The defendant may leave his home for scheduled medical appointments or medical emergency, but must notify home confinement of appointments in advance, and he will not be allowed to operate a motor vehicle. Garretson waived his right to a speedy trial in this term of court.
A hearing on motion in limine was held in the case the State vs Jerry Schoolcraft, 61, of Renick, wherein defense counsel had several motions to be heard. The State explained that this hearing was set for only the motion in limine. The court continued the matter to February 21. Schoolcraft was indicted on four counts, sexual assault in the second degree.
A continued change of plea hearing was held in the case the State vs Jacob Bing, 39, of Marlinton, wherein the defendant pleaded guilty to two felony offenses of burglary under Kennedy v. Frasier. The court deferred adjudication until Bing successfully completes, graduates or otherwise is dis- charged from the Southeastern Drug Court Program. The defendant was to immediately report to Day Report Center for hookup on home confinement. The court granted the state’s motion for dismissal of the remaining counts of the indictment.
The court granted the state’s motion for a continuance of trial in its case against Ross Benedict, 37, of Marlinton, due to the main witness being unavailable. Trial is rescheduled for July 10. Benedict was indicted by the August 2022 Grand Jury on one count, burglary; and one count, destruction of property.
A pre-trial status hearing was held in the case the State vs Maybell Warner, 19, of Snowshoe, wherein defense counsel asked for a continuance to the next term of court to pursue plea negotiations. The defendant waived her right to a speedy trial during this term. The court granted a furlough for the defendant to visit her sister for nine days in May in the British Virgin Isles. Warner will be required to post a $20,000 property bond. Warner was indicted on two counts, sexual abuse in the third degree
The state has offered a resolution in its case against Michele Stewart, 46, of Hillsboro, but defense counsel advised that they had not had time to discuss it with the defendant. Stewart was indicted on one count, grand larceny; one count, driving while license revoked.
Defense counsel for Justin R. Arbogast, 35, of Valley Head, advised the court that this matter will be ready for trial during the April term of court. Arbogast waived his right to a speedy trial in this term. Arbogast was indicted on one count, attempted entry of a dwelling or outbuilding; one count, conspiracy to commit a felony.
Defense counsel for Ashley Welch, 31, of Monterville, suggested that this matter be tried in the April term of court. Welch waived her right to a speedy trial during this term. Welch was indicted on one count, attempted entry of a dwelling or outbuilding; one count, conspiracy to commit a felony.
Defense counsel for Jesse Blake, 39, of Marlinton, advised the court that this case will be ready for trial in the April term of court. Blake waived his right to a speedy trial in this term. He was indicted on one count, person prohibited from possessing a firearm; and one count, petit larceny.
John Stull, 34, of Bartow, waived his right to a speedy trial in this term of court. The matter is continued to April 18. Stull was indicted on one count, person prohibited from possessing a firearm; one count, negligent shooting.
Shawn Barb, 34, of Hillsboro, appeared by video from St. Mary’s Correctional Center for a continued change of plea hearing. A plea agreement had been tendered to the court February 8, but the document needed corrections. The agreement was filed again with the court February 13, but the court found discrepancies in the corrected agreement. The matter was continued to February 20 where Barb tendered the written plea of guilty to two counts of the felony offense of receiving or transferring stolen property and the misdemeanor offenses of petit larceny and destruction of property. The state moved to dismiss the remaining counts. Sentencing and disposition is set for April 4.
