Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard February 21 before the honorable Judge Robert E. Richardson:

A hearing on defense motions was held in the case the State vs David Edward Ryan, 46, of White Sulphur Springs, wherein defense counsel’s first motion was to dismiss due to incorrect testimony presented to the Grand Jury, and asked that an expert look at the testimony. The motion was denied by the court and counsel was advised that it is not proper to go into the testimony before the Grand Jury on this matter. The court denied defense counsel’s motion to dismiss on the grounds that the indictment failed to explain how the defendant was custodian of the alleged victim. Defense counsel’s motion to dismiss Counts III and IV of the indictment as the facts alleged do not constitute a crime, was denied by the court. Defense counsel’s motion to dismiss Counts I and II due to insufficient evidence presented to the Grand Jury, was denied by the court. The court also reviewed 404B motions, and denied them, as well. The defendant asked for a continuance and waived his right to a speedy trial. A status conference is set for April 11.

George Bradley Sewell, 36, of Hillsboro, tendered a written plea agreement to the court. If the defendant pleads guilty to the charge of Grand Larceny, he will be deferred to pre-trial probation for two years. If he is successful in the deferral period, the state will dismiss other charges in the indictment. Once advised of the terms of the pre-trial diversion, Sewell asked for time to consider the matter. A change of plea hearing is set for March 21.

The following hearings were held February 28 before the Honorable Judge Jennifer P. Dent:

A hearing on a defense motion to modify bond was held in the case the State vs Matthew Joseph Tuskan, 35, of Hillsboro, wherein defense counsel asked that Tuskan’s bond be modified to allow him to enter a program at Recover Point in Huntington. He would be in the inpatient program for at least two years. The State objected, as Tuskan has had three prior felonies. The court denied the motion as it is concerned for the public’s safety. Bond remains at $25,000 with the condition of home incarceration – if he posts bond. The Defendant was remanded to custody.

Jesse Allen Mancuso, 28, of Morgantown, has successfully completed his diversion agreement with the exception of paying court costs. He will pay the $334 in the next two weeks, after which, the court will consider dismissing the charge against him.

A sentencing and disposition hearing was held in the case the State vs Bradley C. McDaniels, 40, of Marlinton, where in defense counsel asked for alternative sentencing as the defendant has been drug free for one year. McDaniels was fined $2,000 and placed on probation for five years with a special condition of Day Report with scram bracelet.

Skylar W. Tincher, 18, of Hillsboro, pleaded No Contest to the lesser offense of battery, a misdemeanor, as contained in the indictment. The court granted the state’s motion to dismiss the malicious assault charge. The court denied defense counsel’s motion for bond. The defense asked that Tincher be moved to another POD in the regional jail since he is 18 years old. The matter will be addressed by the state and defense counsel.

A capias was issued for Rodney W. Brewer, 45, of Dunmore, who failed to appear for his sentencing and disposition hearing.

Jenna Marie Bennett, 26, of Marlinton, admitted to violating her probation and waived her right to an evidentiary hearing. The court revoked probation, but will allow Bennett to return to probation until the disposition hearing March 14.

Trial is set for March 29 in the case the State vs Shanda May Stull, 25, of Bartow. Defense counsel asked for fewer drug screens due to Stull’s inability to pay and or be present. The court will allow random drug screens to be conducted three times a month.

Trial is set for March 8 in the case the State vs John Martin Stull, 28, of Bartow. Random drug screens will be conducted three times a month.

A change of plea hearing was held in the case the State vs Misty Jane Pritt, 30, of Elkins, wherein the court accepted the defendant’s plead of No Contest to the misdemeanor offense of petit larceny and to the misdemeanor of receiving or transferring stolen property, and adjudged her guilty of the same. The matter was referred to the probation department for pre-sentence investigation. Sentencing and disposition is set for April 18.