The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I Via:
A hearing on petition to revoke extended supervised release was held in the case the State vs David Edward Ryan, 54, of White Sulphur Springs, wherein defense counsel advised the court that Mr. Ryan has been placed in federal custody, but counsel did not know the location. The defendant is to remain in federal custody for 11 months. The matter is continued. Ryan was indicted by the April 2017 Grand Jury on two counts, sexual abuse by a custodian of a child; and two counts, sexual abuse in the first degree.
The court reinstated Charles Robert Calhoun, 39, of Marlinton, to his previous bond with all terms and conditions previously stated including home confinement with approved residence. The defendant shall be required to immediately begin outpatient treatment with Seneca Health Services and follow conditions of that program with a required release treatment provided and to report daily to Pocahontas County Day Report and have random drug and alcohol screenings. The defendant shall have no posses- sion nor use of firearms.
Roy Daniel Myers, 50, of Durbin, pleaded guilty to the misdemeanor offense of child neglect creating substantial risk of bodily injury, the lesser offense in Count I and Count II of his indictment. The court deferred acceptance and adjudication of the plea. Acceptance and sentencing are set for June 25.
In the case the State vs Andrew Baybutt, 51, of California, the state advised the court that it is impossible to speak to the victim without the influence of a guardian. The court granted the state’s motion for dismissal of the matter without prejudice.
Michael Lee Lewis, 55, of Hillsboro, appeared for his arraignment wherein he pleaded not guilty to one count, person prohibited from possessing a firearm. The state advised the court that there is a plea agreement, but it has not been reduced to writing. Lewis remains on previous bond.
Jeremiah B. Powell, 43, of Buckeye, appeared by video from the Tygart Valley Regional Jail for his sentencing hearing wherein defense counsel asked for an alternative sentence of probation. The state objected and the court denied alternative sentence. Powell was sentenced to the custody of the West Virginia Department of Corrections for not less than one year nor more than five years and given credit for time served of 95 days. The court did not refer the defendant to the RSAT program as he did not wish to participate. The state reserves the right to request restitution at a later date. Powell has been processed by the Elkins State Police Department.