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Circuit Court

April 2, 2025
in Circuit Court News
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The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I. Via:

Parties in the case the State vs Andrew Baybutt, 50, of Mechanicsville, Virginia, advised the court that they are ready for trial to begin in April. The court granted the State’s motion to subpoena witnesses from out-of-state. Jury selection will begin at 9 a.m. the first day of the trial. 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.

A capias was issued for Jesse Blake, 41, of Marlinton, who failed to appear for a hearing to revoke deferred adjudication. The State noted that substance abuse is involved in this matter. The defendant had pleaded guilty to petty larceny and was placed on one-year deferred adjudication in September 2024. A special prosecutor was appointed to handle this case.

Plea negotiations are in the works in the case the State vs Jacob McClure, 34, of Marlinton. A special prosecutor was appointed to handle this case. McClure was indicted on one count, sexual assault in the second degree; and one count, sexual abuse, first degree.

Plea negotiations are ongoing in the case the State vs Chelsea Ann Ryder, 35, of Dunmore. The defendant waived her right to a speedy trial during this term of court, and that will not count against the three-term rule. Ryder was indicted on one count, burglary; and one count, petit larceny.

The court found probable cause that Mathew R. Anderson, 28, of Marlinton had violated the terms and conditions of his bond. An evidentiary hearing is set for April 9. A special prosecutor has been assigned to this case. Anderson was indicted on 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; and one count negligent homicide.

Justin Adam Cutlip, 44, of Marlinton, tendered a written plea to the court wherein he pleaded guilty to Count V of his indictment, the felony offense of sexual abuse by a parent, guardian, custodian or person in a position of trust. The court provided notice and acknowledgement of the Sexual Offender Registration requirement and terms and conditions. The State asked for the dismissal of Counts I, II, III, IV, VI and VII of the indictment. Sentencing and disposition is set for June 18. Bond was revoked that day, and the defendant was remanded to custody.

Jeremiah Bleu Powell, 43, of Buckeye, appeared by video from the Tygart Valley Regional Jail for a status hearing. The court was advised that the parties have reached a resolution, but nothing is in writing. A change of plea hearing is set for April 3. The defendant waived his right to a speedy trial during this term of court. Powell was indicted on one count, burglary; and one count, trespassing.

A sentencing hearing was held in the case the State vs Dakota Beverage, 27, of Marlinton, wherein the defendant was sentenced to six months in the West Virginia Department of Corrections for the misdemeanor offense of cruelty to animals, a lesser included charge in Count I of the indictment, and 100 days in the WVDOCR for shooting within 500 feet of a dwelling house, Count IV. The sentences were suspended, and Beverage was placed on probation for two years with normal terms and conditions and fined $300 and $50 as to the respective charges. The court granted the State’s motion for dismissal of Counts II, III and V of the indictment.

Jeremy D. Moore, 39, of Marlinton, tendered a written agreement to the court wherein he pleaded guilty to Count II of his indictment, conspiracy to commit a felony. The court accepted the plea but deferred adjudication. The defendant was placed on probation supervision for one year. The court granted the State’s motion to dismiss Counts I and III of the indictment with prejudice. A special prosecutor was assigned to this case.

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