The following trial and hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I. Via:
A two-day jury trial was held in the case the State vs Michael E. Smith, Sr., 66, of Valley Bend, wherein the jury found the defendant guilty of one count, domestic battery, a misdemeanor. Defense asked for a change in bond from home confinement in Randolph County to home confinement in Pocahontas County at a residence just five or six miles from the victim. The state objected as the defendant still has open charges with other family members. The court ruled that bond would remain the same and Smith will participate in home confinement in Randolph County until sentencing, which is set for May 14. The jury found Smith not guilty to the charge of strangulation.
A change of plea hearing was held in the case the State vs David Bradley Moyers, 43, of Durbin, wherein the defendant pleaded guilty to the lesser offense in Count I of the indictment, driving under the influence of alcohol, second offense, a misdemeanor. The court found Moyers guilty of the same. Moyers waived a pre-sentence investigation report. The court granted the state’s motion for dismissal of Counts II through IV of the indictment. Moyers was sentenced to one year in the Regional Jail and fined $1,000. Court costs are assessed as judgment. The defendant was remanded to custody.
A pre-trial hearing was held in the case the State vs Luke Gum, 37, of Dunmore, wherein the court denied the state’s motion for a change of venue to Greenbrier County. The court also denied a defense motion to dismiss on the basis of vindictive prosecution. The court ruled on a defense motion to determine admissibility of evidence and will not allow specific evidence at trial. The clerk was directed to pull 60 jurors for the trial.
Anthony Joseph Lamb, 27, of Marlinton, tendered a written plea agreement to the court wherein he pleaded guilty to the lesser offense in Count I of the indictment, brandishing, a misdemeanor, and Count II, obstructing an officer, a misdemeanor; and waived his pre-sentence investigation report. Lamb was sentenced to 28 days in the regional jail as to the charge of brandishing and fined $250. He was given credit for time served of 28 days. As to obstructing an officer, no incarceration, but he was fined $250. Costs were assessed as judgment.
A capias was issued for Clinton Eugene Buzzard, 42, of Marlinton, who failed to appear for his change of plea hearing. Buzzard was indicted on one count, entry of a building other than a dwelling; one count, destruction of property; one count, conspiracy to commit a felony.
The court denied a motion for a new trial in the case the State vs Arnold Schoolcraft, 42, of White Sulphur Springs. The presentence investigation report has been tendered to the court and the court found related material in the report to suggest some issues and deferred sentencing. Schoolcraft was ordered to undergo a 60-day diagnostic evaluation within the WVDOCR – Western Regional Jail. He was remanded to custody. A jury trial was held in September 2025 in which Schoolcraft was found guilty of counterfeiting and unlawful assault on a law enforcement officer.
Christina Mae Giese, 43, of Arbovale, tendered a written plea agreement to the court wherein she pleaded guilty to one count, grand larceny, and one count, entry of a building other than a dwelling. Adjudication was deferred and the defendant will enter the Southeastern Drug Court Program. Bond was set at $5,000 personal recognizance.
The court directed the clerk to pull 40 jurors for the upcoming trial in the case the State vs Johathan Bennett, 36, of Marlinton. Jury trial is set for March 19. 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.
