According to Pocahontas County Circuit Clerk Connie Carr, the following hearings were held August 23 before the Honorable Judge Jennifer Dent:
A hearing was held on a petition to revoke diversion from the Southeastern Regional Drug Court in the case the State vs Patrick R. Wall, 41, of Marlinton. Defense counsel advised the court that the matter is contested. Judge Dent sits on the Drug Court Board and asked if the matter needed to be heard in another division. Defense counsel has no problem with the matter remaining in this court, but said the issue will take several hours to present. An evidentiary hearing is set for September 20. Wall remains on current bond with all terms and conditions, including random drug screens.
A hearing was held in the case the State vs Gauge Hise, 28, of Marlinton, wherein the court granted a defense motion to reduce bond from $20,000 to $5,000, 90 percent personal recognizance and 10 percent cash. The defendant will be allowed to live in Floyd, Virginia, and is to have no contact with the victim. Wall is charged with second degree sexual assault. The case was initially heard in Magistrate Court, and was bound over to circuit court.
Kimberly Vandevender, 30, of Green Bank failed to appear for an 11 a.m. probation revocation hearing. Defense counsel and probation officer advised that Vandevender may have entered a drug rehab center. The defendant appeared at noon, but the hearing was continued to September 19. Vandevender was indicted on eight counts, taking the identity of another person.
A bond revocation hearing was held in the case the State vs Bradley C. McDaniels, 40, of Marlinton, wherein the defendant waived the preliminary hearing, but requested an evidentiary hearing. That hearing is set for September 20. McDaniels was sentenced in February to not less than one year nor more than five years in the state penitentiary. Due to being drug free for a year, and accepting responsibility for his crimes, the sentence, at that time, was suspended, and he was placed on probation for five years with a special condition of day report, with SCRAM bracelet.
Edward Arbogast, 39, of Marlinton, has been referred to Drug Court, but defense counsel advised the court that the status of the referral was unknown.
A status conference was held in the case the State vs Justin A. Conley, 19, of Renick, wherein the state advised the court that negotiations are ongoing. The matter is set for a change of plea hearing September 20. Conley was indicted on one count, possession with intent to deliver a Schedule I controlled non-narcotic substance.
A capias was issued for Robert E. Kilmer, Jr., 51, of Caldwell, who failed to appear for a status conference hearing.
In arraignment hearings:
Amanda Bennett, 32, of Marlinton, pleaded not guilty to one count, delivery of a Schedule II controlled non-narcotic substance. A personal recognizance/cash or surety bond was set with the added condition of Day Report.
Rodney W. Brewer, 45, of Marlinton, pleaded not guilty to one count, possession with intent to deliver a Schedule II, controlled non-narcotic substance; and one count, driving revoked for DUI. Bond was set at $5,000, cash or surety, with the added condition of home incarceration.
Kenneth Peck, 41, of Arbovale, pleaded not guilty to one count, delivery of a Schedule II controlled non-narcotic substance; and one count, conspiracy. Peck was remanded to custody.
George Travis Underwood, 38, of Marlinton, pleaded not guilty to one count, grand larceny; and one count, petit larceny. Bond was previously set at $2,500 cash or surety. Underwood was remanded to custody.
Carl Lee Kidd, 36, of Bartow, pleaded not guilty to one count, grand larceny; and one count, entry of a building other than a dwelling. Bond was set at $10,000 personal recognizance with normal conditions.