Circuit Court

A bond reduction hearing was held in the case the State vs Rodney W. Brewer, 44, of Durbin, wherein the court set a surety bond at $5,000 with the condition of home incarceration at a home in Durbin. The defendant was remanded to custody until bond is posted.

Harry McLaughlin, 62, of Dunmore, tendered a written plea agreement/Kennedy plea of no contest to the lesser misdemeanor offense of brandishing. The state asked that Count I of the indictment be dismissed.

Dustin Don Morrison, 22, of Marlinton was sentenced to not less than one year nor more than five years with no fine and credit for 100 days served. The sentence was suspended and Morrison will be sent to Anthony Correctional Center for six to 24 months.

Shelia Peck Smith, 42, of Bartow, appealed the decision of the Pocahontas County Magistrate Court May 24. An initial pretrial conference was held, but Ms. Smith failed to appear, therefore the court dismissed the matter.

A sentencing and disposition hearing was held in the case the State vs Earl Ray Adkins, Jr., 47, of Hillsboro, wherein the court noted that the defendant’s criminal history is extensive. Adkins was sentenced to nine months in the regional jail and fined $1,000. He will be allowed to discharge his sentence on home incarceration, and will be required to participate in substance abuse counseling.

Christina M. Giese, 35, of Arbovale, received a pre-sentence investigation questionnaire and was instructed to contact the probation department. She failed to contact them. Defense counsel asked for a continuance. The court denied the motion. Giese was remanded to the Southern Regional Jail for the purpose of obtaining a pre-sentence investigation report. The matter is set for sentencing and disposition August 2.

Kenneth R. Peck, Jr., 40, of Arbovale, waived his right to a speedy trial. Defense counsel advised that new information has been received with regard to the case. The matter is set for a pre-trial conference/motions hearing August 24.

Jeremiah Powell, 35, of White Sulphur Springs, pleaded guilty to Count II of his indictment – delivery of a Schedule IV controlled non-narcotic substance. The court granted the state’s motion to dismiss Count I. The state asks that Powell’s sentence run concurrent with the sentence he is currently serving. The court waived the pre-sentence investigation and sentenced Powell to not less than one year nor more than three years in the state penitentiary. The defendant was remanded to custody.

Tre Michael Plaugher, 22, of Philippi, tendered a written plea agreement wherein he pleaded guilty to Count I of the indictment, and the state asked that Counts I and II be dismissed. Plaugher was sentenced to not less than one year nor more than 10 years to run concurrently with the five year federal sentence he is now serving.

A capias is outstanding and the state filed a motion to revoke bond in the case the state vs Jeremi L. Kincaid, 23, of Marlinton.