The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Patrick I. Via:
A motions hearing was held in the case the State vs Roy Lambert, Jr., 56, of Bartow, wherein the defendant agreed to the admissibility of his statement, and it will be allowed at trial. The State advised that the parties are discussing a resolution of the matter and will further advise the court the last week in January. He remains on bond. Lambert was indicted on one count, sexual abuse in the first degree.
Jeremiah Bleu Powell, 43, of Buckeye, appeared for his arraignment hearing wherein he pleaded not guilty to one count, burglary; and one count, trespassing. He remains on bond with the added condition that he have no direct or indirect contact with the victim, and he is to report to Day Report.
Christopher Gibson, 47, of Marlinton, appeared by video of the Tygart Valley Regional Jail for a hearing on a motion for release. The current prosecuting attorney had been disqualified from the case due to conflicts, and another prosecutor has not been appointed. Gibson was given credit for time served and released from custody.
An order has been forwarded to the Prosecuting Attorney Institute for appointment of a special prosecutor in the case against Christina Giese, 42, of Arbovale. The current prosecutor was disqualified due to conflicts.
The Court granted the State’s motion for a continuance in the case the State vs Andrew Baybutt, 51, of Mechanicsville, Virginia. Pretrial conference is set for March 24. Baybutt was indicted by the December 2022 Grand Jury on two counts, sexual abuse by a parent of a child; two counts, sexual abuse in the first degree.
A status hearing was held in the case the State vs Roy Myers, 50, of Durbin, wherein the current prosecuting attorney related that she represented the defendant before becoming prosecutor and will file a motion to disqualify herself in this matter. The matter will be set back on the docket when a special prosecutor is appointed. Myers was indicted by the April 2022 Grand Jury on one count, child neglect resulting in serious bodily injury; and one count, child neglect creating a substantial risk of death.