The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I. Via:
A hearing to revoke probation was held in the case the State vs Christina Giese, 43, of Arbovale, wherein the court granted the petition to revoke probation and reimposed the previous sentence of one year. Giese was given 128 days’ credit for time served.
A change of plea hearing was held in the case the State vs Randall J. Moore, 45, of Arbovale, wherein the defendant tendered an oral and written plea of guilty to the lesser offense in the indictment of murder in the second degree. The court accepted the plea, and the matter was referred to the probation department for a pre-sentence investigation report. Moore was remanded to custody
Luke Gum, 37, of Dunmore, waived his right to a speedy trial during this current term of court. Pretrial conference is set for February 12, 2026. A trial was held earlier this year, wherein the jury found Gum not guilty on four counts but was unable to reach a decision on four other counts of the indictment. The court ordered that those counts remain on the trial docket.
Thomas M. Webb, 36, of Marlinton, waived his right to a speedy trial during this term of court. Pre-trial conference is set for February 26, 2026. Webb was indicted on one count, sexual assault in the first degree; and one count, strangulation.
Defense counsel for Matthew Anderson, 29, of Marlinton, asked that his client’s case be severed from the co-defendant’s and asked that a date be set for trial. The state asked for time to respond to the severance motion. Defense renewed a motion for bond, which was denied by the court. Anderson appeared by video from the Tygart Valley Regional Jail. The matter is tentatively set for trial November 5. Anderson was indicted, along with Jonathan Bennett, 35, of Marlinton, 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 for Michael Smith, Sr., 65, of Valley Bend, asked for a continuance of trial in this matter since plea negotiations are being discussed. Smith waived his right to a speedy trial in this term of court. The state objected to moving the trial set for November 12, as misdemeanors are also pending in different matters. The court accepted the waiver and noted the state’s objections. A status hearing/motion to dismiss is scheduled for December 1. Smith was indicted on one count strangulation; one count, domestic battery; and one count domestic assault.
In the case the State vs William Ball, Jr., 43, of Logan, the clerk was directed to call the maximum number of jurors for a jury trial set for October 29. Ball appeared for the hearing by video from the Southwestern Regional Jail. He was indicted on one count, grand larceny; and one count, burglary.
