Circuit Court

According to Pocahontas County Clerk Connie Carr, the following hearings were held June 25 before the Honorable Judge Robert E. Richardson:

The court denied a defense motion to sever counts in the indictment against Melanie D. Cosner, 44, of Durbin. The state said the charges stem from the same investigation, common scheme with the same drugs. The matter remains on the docket for a motions hearing September 12.

The court granted a defense motion for continuance in the case the State vs Chastady Dawn Talkington, 33, of Elkins. Talkington was indicted on one count, delivery of a Schedule III controlled substance.

Jonathan C. Shearer, 29, of Marlinton, waived his right to a speedy trial on drug related charges. His trial date is set for October 11.

A sentencing and disposition hearing was held in the case the State vs Rodney K. Swearingen, 37, of Hillsboro, wherein defense counsel asked for alternative sentencing of probation. The court found it inappropriate to grant alternative sentencing due to the defendant’s violation of parole related to a previous sentence, his noncompliance in drug court and his previous criminal record. Swearingen was sentenced to the state penitentiary for not less than one year nor more than three years with credit of 104 days for time served. Costs were assessed and restitution in the amount of $364.29. Swearingen was remanded to custody.

Russell Sharp, 33, of Marlinton, was sentenced to one year in jail, fined $500 for battery and fined $250 for destruction of property, and must pay $250 in restitution. Sentence will be served on home confinement with Day Report. Sharp was given credit for 280 days of time served.

Jacob Owen Gragg, 19, of Slaty Fork, was not present. He was not present at his last hearing and his defense counsel did not give him notice of Monday’s hearing. The matter is continued to July 18 where a defense motion for competency evaluation will be considered.

A capias was issued for Amanda Bennett, 32, of Marlinton, who failed to appear for her pre-trial conference and hearing.

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