The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Robert E. Richardson:
Bond was modified in the case the State vs Jeremy D. Moore, 39, of Marlinton, to allow the defendant to have drug screenings through Saint Joseph Recovery, rather than the Day Report Center, and to allow him to leave the state for employment purposes.
Joseph Lynn Thompson, 33, of Marlinton, appeared by video from the Tygart Valley Regional Jails for a status hearing. Defense counsel asked that bond be reinstated. The state asked that Thompson remain incarcerated since he failed to appear for a hearing in this case and in magistrate cases. Thompson remains incarcerated.
Andrew Baybutt, 50, of Mechanicsville, Virginia, waived his right to a speedy trial during this term of court. Trial is set for January 29, 2025. Baybutt 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.
Trial is set for December 10 in the case the State vs Ayden Carroll, 21, of Cass. Carroll was indicted on four counts, sexual assault in the third degree; and two counts, sexual abuse, third degree.
At a sentencing hearing July 31, Skylar Tincher, 25, of Buckeye, was sentenced to the state penitentiary for a determinate sentence of five years, with 135 days’ credit for time served. A hearing regarding credit for time served was held September 25, wherein defense counsel filed a written motion to disqualify prosecuting attorney Joni Nichols as she was Judge Richardson’s law clerk. The matter was continued. Tincher had pleaded guilty to the felony offense of wanton endangerment involving the use of a firearm and a lesser included offense of malicious assault.
Jacob McClure, 34, of Marlinton waived his right to a speedy trial in this term of court. The matter is moved to the December term. McClure was indicted on one count, sexual assault in the second degree; one count, sexual abuse, first degree.
Courtney Fay Wilfong, 38, of Marlinton, has been accepted into drug court, and a change of plea, as Courtney Kincaid, is set for October 23. Wilfong/Kincaid was indicted on one count, burglary; one count, conspiracy; one count, petit larceny; two counts, conspiracy; one count, receiving or transferring stolen goods.
Plea negotiations are in the works in the case the State vs Joshua Kincaid, 38, of Marlinton. Kincaid waived his right to a speedy trial during this term of court. The matter is continued to December 18. Kincaid was indicted on one count, conspiracy; two counts, conspiracy; one count, receiving or transferring stolen goods.
A remote status hearing was scheduled in the case the State vs Philip Curtis Leone, 40, of Monterville. Leone has recently been incarcerated and video conference has not been set up. Due to recently filed motions and technological problems, the matter is continued to November 4. Leone was indicted on one count, bur- glary; and one count, grand larceny.
A hearing on petition to revoke probation was held in the case the State vs Steven Good, 32, of Durbin, wherein prosecuting attorney Joni Nichols informed the court that she was Judge Richardson’s law clerk and asked if there might be a conflict. Defense counsel said his client waived any conflict and also waived his right to a preliminary hearing. The court found probable cause that the defendant did violate the terms and conditions of his probation. An evidentiary hearing is set for October 23-24. Good was sentenced in August 2023 to two years supervised probation. Due to a previous violation of his probation, the court extended Goode’s probation for an additional six months.
Jesse Blake, 40, of Marlinton, pleaded guilty to the misdemeanor charge of petit larceny and was placed on a one-year deferred adjudication per plea agreement with the State. Blake will be under the supervision of the probation department during the one-year period.
