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Circuit Court

May 8, 2024
in Circuit Court News
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The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:

Wendell Edward Johnson, 55, of Cass, tendered a written plea agreement to the court April 11. There was no allowance of time for the plea, and the matter was continued to May 2. At that hearing, it was determined that the written plea needed to be corrected to reflect that it is a Kennedy v Frasier plea. The matter is continued to May 16. Johnson was indicted on one count, wanton endangerment involving a firearm; one count, obstructing an officer.

Michael Thomas Caldwell, 44, of Slaty Fork, successfully completed the drug court program. He withdrew his plea, and the court dismissed the charges against him.

The court found probable cause that Jessica Dawn Snelson, 42, of Elkins, had violated one or more terms of her probation. She was placed on 28-day sanction in the regional jail. Upon release, Snelson will be placed on courtesy supervision of the Randolph County Probation Office. Snelson was indicted by the April 2023 Grand Jury on one count, grand larceny.

Michael Beverage, Jr., 37, of Marlinton, appeared by video from the Tygart Valley Regional Jail. He waived his right to a preliminary hearing. The court found probable cause that the defendant did violate one of more terms of his bond. An evidentiary hearing is set for May 16. Beverage was indicted on one count, child neglect creating risk of serious bodily injury, a felony.

Roslynn McCarty, 25, of Marlinton, appeared by video from the TVRJ for a hearing on motion to revoke her bond. McCarty noted that she had not been served with the motion. The matter is continued to May 16. McCarty was indicted on two counts, domestic battery; one count, obstructing an officer; one count, concealment or removal of minor child from custodian or from person entitled to visitation.

The State made several attempts, without success, to contact Ebimael Rodriguez Perez, 31, of Durbin. The court granted a motion for Perez’s bond to be forfeited. Perez was indicted by the April 2015 Grand Jury on three counts, wanton endangerment, involving a fire-arm.

A hearing on motion to set bond was held in the case the State vs Randall Moore, 43, of Arbovale, wherein the State objected to bond being set due to the horrific nature of the crime involved. The court denied the motion to set bond. Moore is charged with first degree murder.

A five-day jury trial is set for August 12 in the case the State vs Luke Gum, 36, of Dunmore.

Gum was indicted by the April 2022 Grand Jury on three counts, sexual abuse in the first degree; three counts, sexual abuse by a parent, guardian or custodian of a child; four counts, sexual assault in the first degree.

In person change of plea hearing was held in the case the State vs Roger W. Teter, Jr. 50, of Dunmore, wherein the defendant pleaded guilty according to Kennedy v Frasier to one count of the misdemeanor offense of petit larceny. The court deferred acceptance of the plea and refered the matter to the probation department for a presentence investigation re- port. The matter is set for a further plea hearing June 6.

Armando Capo, 50, of Brooklyn, New York, did not appear for his arraignment hearing. The court noted that a capias is already outstanding in an underlying bound over matter. Capo was indicted on one count, fleeing from a law enforcement officer with reckless indifference of the safety of other persons; one count, child neglect causing risk or serious bodily injury.

Philip Curtis Leone, 40, of Monterville, failed to appear for his arraignment April 17. The court issued a capias, but later found that the defendant was incarcerated in the TVRJ on charges in Randolph County. Leone appeared by video from the jail April 24 and pleaded not guilty to all counts of the indictment in this county. Leone was indicted on one count, burglary; one count, grand larceny.

Kristina Shingleton, 53, of St. Albans, tendered a written plea agreement to the court January 11, wherein she pleaded guilty to the felony offense of attempted delivery of a controlled substance to a correctional facility. The court ordered a presentence investigation from the probation department. That report was tendered to the court April 11. The court accepted the agreement and the defendant was placed on diversion for two years with probation.

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