Circuit Court

According to Pocahontas County Circuit Court, the following hearings were held October 3 before the Honorable Judge Robert E. Richardson:

Stephen L. Bennett, 39, of Marlinton, waived his right to a speedy trial, and the matter was continued to the next term of court. Bennett was indicted on one count, grand larceny.

A status conference was held in the case the State vs Robbie C. Sipe, 26, of Bartow, wherein the parties asked that another status conference be set to allow time for negotiations. The court granted a defense motion and reduced bond to $10,000 cash or surety with the added conditions of Day Report and obtaining employment within 10 days. Sipe was indicted on one count, possession with intent to deliver a Schedule II controlled non-narcotic substance and one count, possession with intent to deliver a Schedule III controlled non-narcotic sub- stance.

A capias was issued for Jonathan C. Shearer, 29, of Marlinton, when he failed to appear for his pre-trial conference.

The court denied a defense motion to exclude testimony of a confidential informant in the case the State vs John T. Greathouse, 37, of Bartow. The matter is set for trial October 25. Greathouse was indicted on one count, delivery a Schedule II controlled non-narcotic substance and one count, conspiracy to commit a felony.

A capias was issued for Jamie W. Sites, 40, of Circleville, when he failed to appear for a pre-trial status conference. Sites was indicted on one count, possession with intent to deliver a Schedule II controlled non-narcotic substance, one count, possession with intent to deliver a Schedule I controlled non-narcotic substance, and one count, person prohibited from possessing a firearm.

A pre-trial conference was held in the case the State vs Kenny D. Feury, Jr., 39, of White Sulphur Springs, wherein the state related that a change of plea had not been reached, although negotiations have been ongoing. Feury has charges against him in Raleigh County and will be sentenced there this month. Defense counsel asked that a change of plea be set after the matters in Raleigh County have been addressed, and the defendant would waive his right to a pre-sentence investigation report and have sentencing at that time. The court will not accept any binding plea agreement without a pre-sentence investigation report. Feury was indicted on one count, grand larceny, and one count, destruction of property.

Defense counsel asked for a continuance in the case the State vs Timothy Lee Queen, 31, of Bartow, as the defendant may be referred to a treatment program. Queen was indicted on one count, conspiracy, and one count, delivery of a Schedule II controlled non-narcotic substance.

Plea negotiations are ongoing in the case the State vs Marissa E. Mann Bennett, 23, of Renick. Bennett was indicted on two counts, child neglect creating risk of injury.

The following hearings were held October 10 before the Honorable Judge Jennifer P. Dent:

A change of plea hearing was held in the case the State vs Rodney W. Brewer, 45, of Marlinton, wherein the defendant pleaded guilty to the lesser included offense of the indictment, attempted possession with intent to deliver a Schedule I controlled non-narcotic substance, a felony. Brewer also waived his pre-sentence report and asked to proceed to sentencing. The court accepted the plea and sentenced Brewer to not less than one year nor more than three years in the state penitentiary, sentence to run consecutively with any other sentences. The state moved to dismiss the other two counts in the indictment. Brewer was remanded to custody.

In a sentencing and disposition hearing in the case the State vs William White Williams, 71, of Mountain City, Tennessee, defense counsel asked to be withdrawn. The court denied the motion to withdraw and the matter is rescheduled for December 5. Williams was found guilty of battery, a misdemeanor.

Kenneth Peck, Jr., 41, of Arbovale, waived his right to a speedy trial. The matter is set for trial December 20. Peck was indicted on one count, delivery of a schedule II controlled non-narcotic substance and one count, conspiracy.

The court granted a defense motion to reduce bond in the case the State vs Amanda Bennett, 32, of Marlinton. Bond was set at $2,500 personal recognizance with normal conditions. Bennett was indicted on one count, delivery of a schedule II controlled non-narcotic substance and one count, conspiracy.

A pretrial status conference was held in the case the State vs George Travis Underwood, 38, of Marlinton, wherein the state objected to defense counsel’s motion for modification of bond to personal recognizance with the condition of Day Report, but would accept PR bond with the defendant entering a drug rehab program. The Court modified bond to $2,500 PR with added condition of home incarceration as long as the home confinement program approves the residence where he will be staying. Underwood was remanded to custody.

Carl Lee Kidd, 37, of Arbovale, waived his right to a speedy trial, and the state advised that plea negotiations are in progress. Kidd was indicted on one count, grand larceny, and one count, entry of a building other than a dwelling.

Based on the results of a forensic psychological evaluation, the court found that Ethan Daniel Pugh, 24, of Bartow, is not competent to proceed with hearings at this time, but may obtain competency in three months. Pugh was ordered to a facility to determine competency within 90 days, the report from which will be returned to the court.

Ricky Schoolcraft, 35, of Hillsboro, waived his right to a speedy trial, and defense counsel asked for a continuance of trial to allow time for referral to the Drug Court Program.

The following hearings were held October 11:

Eden Denys Taylor, 33, of Lizemores, waived her right to a speedy trial, and defense counsel asked for a continuance stating that Taylor is suffering from stress and anxiety. The court accepted the waiver and the matter is continued to January 8, 2019. Taylor was indicted on on one count imposition of sexual acts on person incarcerated or under supervision.

Joseph M. Smith, 52, of Marlinton, tendered a written and oral plea to the court, wherein he pleaded guilty to failure to register as a sex offender and provide notice of registration changes. The court accepted the plea and the matter is referred to the probation department for a pre-sentencing investigation.

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