According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard December 6 before the Honorable Judge Robert E. Richardson:
A hearing on a defense motion to disqualify the prosecuting attorney was held in the case the State vs Gwendolyn Kline, 37, address unknown. Kline failed to appear at the morning hearing. Defense council asked that the matter be continued to afternoon. Kline again failed to appear and the court dismissed the motion.
A status conference on the State’s motion to revoke bond was held in the case the State vs Danielle Lee Smith, 28, of Marlinton. Smith admitted to allegations in the motion and waived her right to a hearing. The state asked that the defendant’s bond be modified to a higher amount of $15,000, cash or surety. The court granted the defense motion for a $2,500 bond, cash or surety, with the condition of home confinement. Smith forfeited her right to a speedy trial when she failed to appear in court. Further hearing is set for January 10, 2018.
An evidentiary, revocation of probation hearing was held in the case the State vs William Robert Ratliff, Jr., 43, of Lewisburg, wherein defense council asked for a continuance as “another matter exists in Greenbrier County.” The state could not proceed with the hearing as a subpoenaed witness failed to appear. The matter is set for January 10, 2018.
The court accepted a guilty plea from Jerry Wayne Curry, 57, of Marlinton, to the charge of DUI III offense, but did not sentence him. Curry has been referred to the Southeastern Drug Court Program and if he completes the program, the charge will be dismissed.
Ami Rae King, 42, of Charleston, pleaded guilty to fraudulent schemes. The matter was referred to the probation department for a pre-sentence investigation report.
In a December 13 hearing, defense council advised the court that plea negotiations are ongoing in the case the State vs George Bradley Sewell, 36, of Hillsboro. A motions hearing is set for January 24, 2017.
Cases heard December 14 before the Honorable Judge Jennifer P. Dent:
An extradition hearing was held in the case the State vs Jessie Carter Albert, an inmate in the Denmar Correctional Center, on a warrant and capias from Frederick County, Virginia. Albert waived his right to an extradition hearing, and the Commonwealth of Virginia has until January 4, 2018 to pick him up. If authorities fail to do so, a status hearing will be held January 11, 2018.
An extradition hearing was held in the case the State vs Stephen Leland James, an inmate in the Denmar Correctional Center, on a warrant from Roanoke City General District Court. Virginia authorities are willing to pick him up by December 27. If they fail to do so, a status hearing will be held December 28.
A hearing was held December 15 on a defense motion to modify bond in the case the State vs Matthew Joseph Tuskan, 35, of Hillsboro. Defense council asked that Tuskan’s bond be modified from $75,000 to $10,000, cash, surety or property, with the condition of home confinement. The state opposed the modification due to the defendant’s extensive drug involvement. The court reduced bond to $25,000 cash, surety or property, with the condition of home incarceration.
A sentencing and disposition hearing was held in the case the State vs James M Lester, 30, of Nettie, wherein defense counsel asked for an alternative sentencing of probation or a community-based sentence. The state opposed the request because of the defendant’s lengthy background of criminal charges. The court sentenced Lester to one year in the regional jail, fined him $500 and $600 in restitution. The sentence was suspended and the defendant was placed on probation for 18 months with the condition of day report and 250 hours of community service.
