The following hearings were recently held in Pocahontas County Circuit Court before the Honorable Judge Patrick I. Via:
At the in-person sentencing of Jason F. Brickles, 48, of Valley Head, the presentence investigation report was tendered to the court along with two addendums of victim impact statements. The defendant had filed a motion for concurrent sentencing which was denied by the court, as was a motion for alternative sentence. Several statements were made by family members on both sides. Brickles was sentenced, as to Count I, involuntary manslaughter, to one year in the custody of the WV Department of Corrections and fined $1,000; as to Count V, wanton endangerment, a five-year determinate sentence in the custody of WVDOCR and fined $2,500; and as to Count VI, wanton endangerment, a five-year determinate sentence in the custody of WVDOCR and fined $2,500. Sentences are to run consecutively. The defendant was given credit of time service of 484 days. Brickles was remanded to custody. As to the severed count, Count VII of the indictment, the State intends to pursue.
Matthew R. Anderson, 29, of Marlinton, tendered a plea agreement to the court wherein he pleaded guilty to new felony information without presentment to the Grand Jury, charging him with the felony offense of aggravated vehicular man-slaughter. Anderson waived his right to have the information read to him. The court accepted the plea and adjudged the defendant guilty of the felon offense of aggravated vehicular man-slaughter. Sentencing and disposition is set for June 11. Bond is still revoked and Anderson was remanded to custody.
Jonathan K. Bennett, 36, of Marlinton, appeared by video from the Tygart Valley Regional Jail for his sentencing hearing. Defense counsel asked for concurrent sentences. The State objected and asked for consecutive sentences as the defendant has not accepted responsibility for his actions. Bennett was sentenced to six months in the custody of the WVDOCR at the regional jail for the misdemeanor offense of Stalking in Count III of the indictment. As to Harassment in Count IV of the indictment, he was sentenced to six months in the custody of WVDCR at the regional jail. Sentences shall run consecutively.
Joseph Lynn Thompson, 34, of Marlinton, tendered a written plea agreement to the court wherein he pleaded guilty to the offense of battery, a lesser included offense in Count I of the Indictment. Thompson waived his right to a presentence investigation report. He was sentenced to one year in the regional jail. The Court determined that the defendant has credit for time served in this matter of 419 days. Court costs were assessed as judgment. Thompson was released from custody as he has completed the sentence.
A hearing on motion to revoke alternative sentence was held in the case the State vs John Stull, 36, of Bartow, wherein the defendant admitted to allegations in the petition – consumption of alcohol while on home confinement. Stull waived the hearing and voluntarily accepted a sanction. He was sanctioned to 30 days in the TVRJ and given credit for 13 days. Upon release, he shall immediately report to Pocahontas County Home Confinement for hook up and monitoring.
In arraignment hearings:
Travis Rider, 39, of Marlinton, pleaded not guilty to one count, attempt to commit a felony; one count, trespassing; one count, harass- ment. A blanket bond was set at $5,000, cash, surety or property with the condition of supervision through Pocahontas County Day Report. Rider is to have no direct or indirect contact with the alleged victims in this matter.
Burt William Harmon, Jr., 29, of Marlinton, pleaded not guilty to one count, wanton endangerment; one count, use or presentment of a firearm during commission of a felony; one count, person prohibited from possessing a firearm.
Jeffrey Thomas Rose, 29, of Hillsboro, pleaded not guilty to one count, strangulation; one count, kidnapping; two counts, domestic battery; three counts, domestic assault; one count, interfering with emergency communications. Jury trial is set for July 16. Bond was set at $50,000 with the condition of Day Report and Home Incarceration with monitoring. If bond is posted, Rose shall immediately report to Home Incarceration upon release from custody.
Earl Ray Adkins, 56, of Renick, pleaded not guilty to one count, failure to register as a sex offender or provide notice of registration changes, second or subsequent offense. The State related that bond had been set in the lower court at $10,000 cash/surety. Adkins remains incarcerated at Southwestern Regional Jail due to charges in another county.
Counsel for Jason Powell, 20, of Hillsboro, asked for a competency evaluation for the defendant. The court entered a not guilty plea on behalf of Powell until the evaluation is done. The State asked for personal recognizance bond with home incarceration in the amount of $50,000 with no contact with the victim in this matter. Powell was indicted on one count, strangulation.
