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Circuit Court

September 18, 2024
in Circuit Court News
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Hearings in the following cases were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:

Taylor Cook, 37, of Marlinton, pleaded guilty to three counts of the felony offense of malicious assault and one count of the misdemeanor offense of destruction of property, all contained in Counts II, III, IV and V of the indictment. The court accepted Cook’s plea and dismissed Count I of the indictment upon the State’s motion. Sentencing is set for October 23. The defendant was remanded to the regional jail to await sentencing.

Defense counsel for Franklin Cook, 66, of Caldwell, has filed a request for a special prosecutor to be assigned in this matter as interim prosecutor Joni Nichols once served as law clerk for Judge Richardson. The court continued the trial. A revised questionnaire has been tendered to the court; and the court noted that some questions are overlapping. A remote status hearing is set for October 30. Cook was indicted by the December 2022 Grand Jury on three counts, sexual abuse in the first degree; two counts, sexual abuse by a custodian of a child; and three counts, sexual assault in the first degree.

In person sentencing and disposition was held in the case the State vs Eli Pritt, 24, of Marlinton, who was returned from Anthony Correctional Center to the court. Defense counsel advised the court that their client needs treatment for drug abuse and has been abusing drugs since he was of a young age due to his upbringing. Pritt was sentenced in one case to not less than one year nor more than 10 years in the state penitentiary and in another case, to not less than one year nor more than 15 years, Sentences to run consecutively. The defendant is recommended to the G. O. A. L. S. Program and/or RSAT program within WVDOCR. Pritt was remanded to custody.

Roy Myers, 50, of Durbin, tendered an amended plea agreement to the court wherein he pleaded guilty by Kennedy v Frazier to two lesser misdemeanor counts of child neglect resulting in serious bodily injury in Counts I and II of the indictment. The court deferred adjudication of the plea until sentencing. The matter is referred to the probation department for a presentence investigation. Sentencing is set for October 31.

Trial remains on the docket for November 19 for Andrew Baybutt, 50, of Mechanicsville, Virginia. He was indicted by the December 2022 Grand Jury on two counts, sexual abuse by a parent of a child, and two counts, sexual abuse in the first degree.

Christina Giese, 42, of Arbovale, pleaded guilty pursuant to Kennedy v Frazier to one count of the misdemeanor offense of trespassing as contained in Count II of the indictment, and to one count of the misdemeanor offense of destruction of property as contained in Count III of the indictment. The court adjudges the defendant guilty of the same. The State moved to dismiss, with prejudice, Count I of the indictment, the felony offense of burglary. Sentencing is set for October 23. Giese remains on current bond.

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