The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I. Via:
Randall Moore, 45, of Arbovale, appeared by video from the Tygart Valley Regional Jail for a status hearing wherein the court granted a defense motion for use of special juror questionnaires. The court also granted a motion to break down the trial into two segments. Pre-trial hearing is set for October 9. Moore was indicted on one count, murder in the first degree.
In-person sentencing was held in the case the State vs Justin Adam Cutlip, 44, of Marlinton, wherein the presentence investigation report and the sex offender evaluation report were tendered to the court. The court considered the material in the reports and sentenced the defendant to the West Virginia Department of Corrections for a period of not less than 10 years nor more than 20 years and fined him $5,000. Cutlip, upon release, will be subject to post supervised release for a period of 50 years. He was given 287 days’ credit for time served. He was remanded to custody.
Defense counsel for Lew Means, 68, of Durbin, advised the court that the defendant will enter a rehab program and the drug court program. Logistical issues exist with requirements of drug court. The matter is continued to September 4. Means was remanded to custody.
Michael Smith, Sr., 65, of Durbin, appeared for his arraignment hearing wherein he pleaded not guilty to one count strangulation; one count, domestic battery; and one count domestic assault. Jury trial is set for November 12. Smith will be relieved from Randolph County home confinement at a specific date and time to retrieve personal property. All terms and conditions of the protective orders remain in effect.
Genevieve R. Madison, 53, of Marlinton appeared for her arraignment hearing wherein she pleaded not guilty to one count, malicious or unlawful assault (wounding); one count, domestic battery. As to the state’s motion for revocation of bond, the court found clear and convincing evidence that Madison had violated the conditions of her bond. She was remanded to the Tygart Valley Regional Jail.
An arraignment hearing for Charles Robert Calhoun, 40, of Marlinton, was continued until another prosecutor is appointed for the case. The Pocahontas County Prosecutor represented Calhoun in a matter several years ago as a general attorney. She asked to be recused from this case. Calhoun was indicted on one count, possession with intent to deliver methamphetamine, a Schedule II, controlled non-narcotic substance; and one count, conspiracy.
A special prosecutor will be appointed for the case the State vs Cassey Beverage, 33, of Marlinton, as this is a companion case with defendant Charles Robert Calhoun. The current prosecutor has been recused. Beverage was indicted on one count, possession with intent to deliver methamphetamine, a Schedule II, controlled non-narcotic substance; and one count, conspiracy.
Journey Elizabeth Robinson, 25, of Marlinton, tendered a written plea agree- ment to the court wherein she pleaded guilty to one count, shoplifting, third offense, a felony. Sentencing and disposition are set for September 24. Robinson was to enter a drug rehab program the day after the hearing. She was remanded to the TVRJ to be released to a family member.
Hunter Gabriel Grimes, 31, of Marlinton, was sentenced to five years’ probation on the misdemeanor counts of battery and destruction of property. He will be allowed to work out of state, but his schedule must be provided to the probation department. According to the agreement, Grimes will enter a long-term substance treatment program. Restitution is due in the amount of $600. Court costs were assessed as judgment.
The Circuit Clerk was directed to call 40 jurors in the felony case the State vs Arnold Schoolcraft, 41, of White Sulphur Springs. Schoolcraft was indicted on one count, counterfeiting; and one count, unlawful assault on a law enforcement officer.
