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Circuit Court

March 14, 2018
in Circuit Court News
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According to Pocahontas County Circuit Court Clerk Connie Carr, the following hearings were held March 7 before the Honorable Judge Robert E. Richardson:

Rodney K. Swearingen, 37, of Hillsboro, waived his right to a speedy trial. A one day trial is set for April 30. Swearingen was indicted by the December 2017 Grand Jury on one count destruction of property.

Morgan B. Mason, 19, of Hillsboro, waived his right to a speedy trial. He remains on current bond. Mason was indicted on one count possession with intent to deliver a Schedule II controlled non-narcotic substance, methamphetamine; one count driving under the influence of a controlled substance, first offense.

The court granted a reduction in bond with the condition of home confinement for Russell Sharp, 32, of Marlinton. Sharp waived his right to a speedy trial and a status conference is set for April 25. Sharp was indicted on one count malicious wounding, two counts battery, one count destruction of property.

A plea agreement is being prepared in the case the State vs Catherine L. McDaniels, 39, of Slaty Fork. McDaniels was indicted on one count possession with intent to deliver a Schedule II controlled non-narcotic substance, five counts forgery, five counts uttering, three counts obtaining money by false pretenses, and one count fraudulent schemes. She was remanded to custody.

Christopher M. Gibson, 41, of Marlinton, waived his right to a speedy trial, and the matter is set for a status conference April 25. Gibson remains on current bond. He was indicted on one count failure to register as a sex offender or provide notice of registration changes, second offense.

Plea negotiations are ongoing in the case the State vs Danielle Lee Smith, 28, of Marlinton. The state asked for three weeks to prepare. Smith was remanded to custody.

The following hearings were held March 8 before the Honorable Judge Jennifer P. Dent:

John Martin Stull tendered a written plea agreement to the court, wherein he pleaded guilty to manufacture of a Schedule I controlled non-narcotic sub- stance. The court accepted the plea and will withhold adjudication. Stull was placed on a diversion agreement for two years with probation and day report. If the defendant violates any terms or conditions of the agreement, he will be adjudged guilty, and will be sentenced to not less than one year, nor more than five years in the state penitentiary or fined $15,000 or both. If Stull successfully completes the diversion program, the charges will be dismissed, and he will plead guilty to a lesser misdemeanor offense of possession of marijuana, greater than 15 grams. Court costs are to be paid during the two year diversion period.

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