The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Patrick I. Via:
Jury trial is set for November 5 in the case the State vs Randall Moore, 45, of Arbovale. Moore was indicted on one count, murder in the first degree.
The court denied a defense motion to dismiss Counts I, II, III, VI, IX and X in the case the State vs Luke Gum, 37, of Dunmore. The court found there was no double jeopardy, and the counts sufficiently track the statute in the code. There is a question as to Count V and Count VI. Counts I and II have been severed into another trial. Gum was indicted by the April 2022 Grand Jury on three counts, sexual abuse in the first degree; three counts, sexual abuse by a parent, guardian or custodian of a child; four counts, sexual assault in the first degree.
A plea agreement has been reached in the case the State vs Mason Slava Walker, 25, of Hillsboro. A change of plea hearing is set for August 13. Walker was indicted on one count, murder in the first degree; one count, use or presentment of a firearm during the commission of a felony; and one count, person prohibited from possessing a firearm.
An arraignment hearing was held in the case the State vs David Bradley Moyers, 43, of Durbin, wherein the defendant pleaded not guilty to two counts, driving while license revoked for driving under the influence of alcohol, third or subsequent offense; one count, assault; one count, destruction of property; one count, brandishing a deadly weapon. A capias was issued in August 2024 when Moyers failed to appear for his scheduled arraignment hearing. The court revoked his bond and remanded him to custody for failure to appear.
A three-day jury trial is set to begin November 19 in the case the State vs Franklin Cook, 67, of Caldwell. The court anticipates calling 40 jurors. Cook was indicted by the December 2022 Grand Jury on three counts, sexual abuse in the first degree; two counts, sexual abuse by a custodian of a child; and three counts, sexual assault in the first degree.
A change of plea hearing in the case the State vs Jacob McClure, 34, of Marlinton, was continued to determine if this offense is eligible for plea through deferred adjudication. The matter is rescheduled for August 20. 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.
The competency evaluation report for Chelsea Ann Ryder, 35, of Dunmore, indicates the defendant is not competent to stand trial. The report also indicated that she may gain competency. The court ordered Ryder to attend restoration services for 180 days. Bond condition remains the same. She will begin random drug and alcohol screenings immediately through Day Report. The matter was continued for good cause to the next term of court. Ryder was indicted on one count, burglary; and one count, petit larceny.
A hearing on petition to revoke extended supervised release was held in the case the State vs David Ryan, 54, of White Sulphur Springs, wherein the court found probable cause to revoke the defendant’s extended supervised release. Ryan was sanctioned for two years for the violation. 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.
A status hearing was held in the case the State vs Jesse Glen Feury, 34, of Marlinton, wherein the State asked that the matter be moved out 60 days as plea negotiations are in progress. Feury was indicted on one count, conspiracy; one count, entry of a building other than a dwelling; and one count, grand larceny.
An in-person trial was held for defendant Jonathan Keith Bennett, 43, of Marlinton, wherein the court sustained the decision of the Magistrate Court and found that Bennett was guilty of the misdemeanor offense of violating a protective order. He has served the time set for this charge. Bennett is being held on other charges in Circuit Court, and the Judge remanded him back to the custody of the West Virginia Department of Corrections.
