The following trial and hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I Via:
A four-day jury trial was held in the case the State vs Luke Gum, 37, of Dunmore, wherein the jury found the defendant not guilty of the charges in Counts III, VII, IX and X of the indictment. Defense counsel asked for bond modification to remove monitoring equipment and to allow Gum to work out of state in the surrounding counties of Bath, Highland and Augusta, Virginia. The court grated modification, but all other terms and conditions remain in effect for bond. A status hearing is set for April 30 on the remaining two counts in the indictment.
In person sentencing was held in the case the State vs Jennifer Peck, 45, of Durbin, wherein the court found that the defendant had been removed from the Drug Court Program after being unsuccessful. Peck had previously pleaded guilty to the felony offense of possession with intent to deliver methamphetamine, a Schedule II Controlled Non-Narcotic substance. The court adjudged her guilty of the same and denied a defense motion for alternative sentence of home confinement. Peck was sentenced to not less than one year nor more than five years in the custody of the West Virginia Department of Corrections (WVDOCR). Credit for time served will be calculated by the State and applied.
In person sentencing was held in the case the State vs Rhonda Thayer, 50, of Hillsboro. The defendant has been convicted of the felony offense of uttering and was removed from the drug court program. After reviewing the Pre-Sentence Investigation report, the court denied any alternative sentence. Thayer was sentenced to not less than one year nor more than 10 years in the custody of the WVDOCR. The probation department will refer the defendant to the G. O. A. L. S. program.
Jonathan K. Bennett, 36, of Marlinton, entered an oral plea of guilty to Count III, Stalking, and Count IV, Harassment. The state asked for dismissal of Counts I and II of the indictment. The court granted dismissal with prejudice. Sentencing and disposition are set for May 11.
A hearing to modify terms of probation was held in the case the State vs Hunter Gabriel Grimes, wherein the court removed the specific condition of long-term treatment/rehab. All other terms of probation shall remain in effect.
