The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Robert E. Richardson:
Defense counsel for Joshua Kincaid, 39, of Marlinton, asked that a trial date be set for this case. The court noted that a new prosecutor and a new judge will take office January 1, 2025, therefore this court is reluctant to set a trial date at this time. Kincaid was indicted on one count, conspiracy; two counts, conspiracy; one count, receiving or transferring stolen goods.
In person sentencing was held in the case the State vs Christopher Gibson, wherein the defendant was sentenced to the West Virginia Department of Corrections for an indeterminate period of not less than one year nor more than five years. Gibson will be permitted to serve his sentence on monitored home incarceration on weekdays and will self-report to the Tygart Valley Regional Jail on Fridays by 7 p.m. to be incarcerated through weekends and released each Sunday at 7 p.m. Weekend incarceration will continue six months – until June 30, 2025.
Home incarceration fees were lowered for Derek S. Hannah, 38, of Marlinton.
A hearing on motion to revoke bond was held in the case the State vs Angela Turner, 50, of Marlinton. The defendant admitted to the allegations in the petition and the court found that she had violated her probation. An evidentiary hearing is set for January 22, 2025.
A hearing on petition to revoke probation was held in the case the State vs Casey Crabtree, 28, of Marlinton, wherein the state advised the court that the defendant has not been properly paying restitution payments as ordered by the court at the (September 14, 2023) sentencing hearing. The court denied a defense motion to dismiss the petition. The court treated the matter as a modification and reduced restitution payments from $300 to $200 per month.
Jonathan K. Bennett, 35, of Marlinton, appeared by video from Tygart Valley Jail for an arraignment hearing in which he pleaded not guilty to one count, burglary, a felony; one count, trespassing, a misdemeanor; one count, stalking, a misdemeanor; one count, harassment, a misdemeanor.
Jonathan K. Bennett, 35, of Marlinton, appeared by video from TVRJ for an arraignment hearing wherein he pleaded not guilty to one count, driving a vehicle while impaired by alcohol and/or a controlled substance, and such was the cause of a crash which led to the death of Josey W. Armstrong; one count, negligent homicide; and one count, operating a vehicle while license was suspended by the Magistrate Court for failure to appear for a hearing. Bond was set at $50,000 cash/surety with the added condition of home incarceration.
