The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:
An in-person sentencing hearing was held in the case the State vs Tanner Moore, 27, of Marlinton, wherein the Court sentenced the defendant to a definite term of 15 years in the State Penitentiary for voluntary manslaughter and definite term of 10 years in the State Penitentiary as to use of a firearm during the commission of a felony. Sentences shall run consecutively. Moore was give 749 days’ credit for time served. He was remanded to custody.
A hearing on motion to modify bond was held in the case the State vs Tony Garretson, 52, of Marlinton, wherein defense counsel advised the court that the defendant’s license had not been revoked for DUI, but was suspended. His regular license has been reinstated, and he is asking that bond be modified to allow Garretson to drive for the purpose of self-employment. The defendant also asked for home confinement to be lifted and that he be allowed to travel outside the state to visit his newborn granddaughter in California for one week, and then be placed back on home confinement when he returns. The State and Home Incarceration Officer were opposed to the defendant returning to work. The State opposed the trip to California as it is outside the jurisdiction of the court. The court will permit Garretson to operate a motor vehicle within the restrictions of his license. He will be permitted to travel within Pocahontas County for the purposes of self-employment, directly to and from, up to a maximum of eight hours a day. The defendant is to provide a schedule of his travel with the home confinement officer and may travel up to two times per day to a job. The Court did not modify bond to permit Garretson to travel to California. Garretson was indicted on two counts, driving in a controlled substance (Methamphetamine) impaired state proximately causing death of any person; two counts, negligent homicide; one count, petit larceny.
A remote status hearing was held in the case the State vs Thomas Schoolcraft, 40, of Buckeye, wherein defense counsel advised the court that a plea offer had been made by the State but they had not had time to review the matter. Schoolcraft was indicted on one count, strangulation; one count, domestic battery; one count, trespassing.
An in-person bench trial was held in the case the State vs Kevin Scott Lambert, 28, of Durbin, wherein the Court granted the State’s motion to dismiss as the defendant has already followed what would be required in a diversion agreement. Lambert’s bond was released.
A remote motions hearing was held in the case the State vs John Stull, 34, of Bartow, wherein the State advised that it no longer objects to severing counts of the indictment. The parties are in agreement, and the Court granted the defense motion to sever counts. Stull was indicted on one count, person prohibited from possessing a firearm; one count, negligent shooting.
In the case the State vs Jessica Snelson, 43, of Elkins, the court found probable cause that the defendant had violated the terms and conditions of the alternative sentencing. An evidentiary hearing is set for August 8. Snelson was indicted by the April 2023 Grand Jury on one count, grand larceny.
