The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I. Via:
Ashley Good, 29, of Hillsboro, successfully completed the drug court program. The state withdrew her guilty plea, and the court granted the state’s motion to dismiss the matter with prejudice.
Jonathan Bennett, 35, of Marlinton, appeared by video from the Tygart Valley Regional Jail for a status hearing. A two-day jury trial is set for November 17 in this matter. The state objected to a defense motion to reinstate Bennett’s bond and place him on home confinement. The court denied bond. Bennett 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; one count, negligent homicide; and one count, operating a vehicle while license was suspended by the Magistrate Court for failure to appear for a hearing.
A status hearing was held in the case the State vs Matthew Anderson, 29, of Marlinton, wherein the defendant asked for reinstatement of bond. The state objected, as bond was revoked on two violations. The court denied bond and Anderson was remanded to custody. 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.
Defense counsel asked for a continuance in the state’s case against Lew Means, 68, of Bartow, to allow the defendant time to consider requirements of drug court. Sentencing is set for October 27. Means was indicted by the August 2016 Grand Jury on one count, possession of a Schedule II controlled narcotic substance; and one count, possession of a Schedule III controlled narcotic substance.
The court denied a defense motion to exclude the condition of home confinement from bond of Michael Smith Sr., 65, of Valley Bend. The defendant is currently on home confinement in Randolph County. The court will consider a further motion to move home confinement to Pocahontas County where the defendant wishes to live. Trial in this matter is set for November 12. Smith was indicted on one count strangulation; one count, domestic battery; and one count domestic assault.
Plea negotiations are in the works in the case the State vs Jamie Witek, 43, of Beverly. Witek was indicted on one count, fraudulent schemes.
Richard Lee Hefner, II, 45, of Marlinton, tendered a written plea agreement to the court wherein he pleaded guilty to breaking and entering and grand larceny.The court accepted the plea but deferred adjudication to allow the defendant time to participate in the Southeastern Drug Court Program. If he is successful in completing the program, the charges in this matter will be dismissed. Restitution in the amount of $4,050 was ordered, and Hefner was ordered to report to the probation department and to home confinement as a condition of the drug court program.
Mason Slava Walker, 25, of Hillsboro tendered a written plea agreement to the court wherein he agreed to plead guilty to murder in the first degree. The court is withholding adjudication until sentencing. The matter was referred to the probation department for a presentence investigation report. Sentencing and disposition is set for October 30.
A hearing on motion to modify bond was held in the case the State vs Genevieve R. Madison, 53, of Marlinton, wherein defense asked that the defendant be permitted to attend a drug rehab program. The state did not object as long as the defendant returns to jail upon completion of the program. She is to remain in the program as a condition of bond until she completes the program. Madison was indicted on one count, malicious or unlawful assault (wounding); one count, domestic battery.
An arrest warrant was rescinded in the case the State vs Cory B. Alderman, 40, of Marlinton, and the motion to revoke bond is held in abeyance (temporarily suspended.). Parties in this matter need more time to negotiate. Alderman was indicted on two counts, domestic battery, third offense; and one count, domestic assault, third offense.
Mason Slava Walker, 25, of Hillsboro tendered a written plea agreement to the court wherein he agreed to plead guilty to murder in the first degree. The court is withholding adjudication until sentencing. The matter was referred to the probation department for a presentence investigation report. Sentencing and disposition is set for October 30.
A warrant was issued for Stephanie R. Aguilar, 37, of Marlinton, who failed to appear for a hearing on motion to revoke bond. The state advised the court that it believes the defendant is no longer in the state of West Virginia.
