The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
A hearing on motion for the admissibility of statements was held in the case the State vs Tony Garretson, 52, of Marlinton. The defendant gave statements to law enforcement April 10, 2023 and December 4, 2023. The defense does not contest the April 10 statement as it was voluntarily given. Defense advised that the December 4 statement was given to law enforcement without defense counsel being present. The State relates that the forest service officer may not have been aware that the defendant had counsel in the original court. The court ordered a briefing on this matter, and it is set for May 29. Garretson was indicted on two counts, driving in a controlled substance (Methamphetamine) impaired state proximately causing death of any person, a felony; two counts, negligent homicide, a felony; one count, petit larceny, a misdemeanor.
Daniel Myers, 49, of Durbin, appeared by video from the Tygart Valley Regional Jail for a hearing on motion to modify bond. The court granted a defense motion for home incarceration but the defendant is to be transported directly to Recovery Ridge substance abuse program in Summersville.
Dakota Aaron Beverage, 24, of Marlinton, waived his right to a speedy trial during this term of court as defense counsel needs more time to view discovery in the matter. Motions are to be filed by June 3. Beverage was indicted on one count, cruelty to animals, a felony; wanton endangerment involving a firearm, a felony; one count, shooting across road, a misdemeanor; one count, shooting within 500 feet of a dwelling house, a misdemeanor; one count, use or presentation of a firearm during the commission of a felony, a felony.
Roger W. Teter aka Roger W. Teter, Jr, 53, of Dunmore, did not appear for his in-person change of plea hearing. Defense counsel advised the court that they had been unable to reach the defendant and the court granted a continuance to April 18. Teter was indicted on one count, petit larceny.
Luke Gum, 35, of Dunmore, waived his right to a speedy trial in this term of court, as defense counsel needs more time to prepare for trial. A status hearing is set for May 1. Gum was indicted by the April 2022 Grand Jury on three counts, sexual abuse in the first degree, a felony; three counts, sexual abuse by a parent, guardian or custodian of a child, a felony; four counts, sexual assault in the first degree, a felony.
A capias was issued for Courtney Fay Wilfong, 38, of Marlinton, who failed to appear for her bond revocation hearing.
Greg Sharp, 39, of Cass, failed to appear for his in person sentencing. Defense counsel advised the court that the defendant is in Circle of Care in Charleston, and was confused as to what day he was to appear. The matter is continued to April 3. If the defendant fails to appear for this hearing, other charges may apply.
