According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard December 12 before the Honorable Judge Robert E. Richardson:
In arraignment hearings:
Gary D. Cool, 34, of Monterville, pleaded not guilty to one count, possession with intent to deliver a Schedule II controlled substance; one count, fleeing from a law enforcement officer; one count, making a false statement. He was remanded to the Tygart Valley Regional Jail.
Carrie D. Pritt, 22, of Marlinton, pleaded not guilty to one count, possession with intent to deliver a Schedule II controlled non-narcotic substance. Pritt’s bond was modified to allow her to live with her father in Pocahontas County.
Hayes Andrew Arbogast, 51, of Valley Head, pleaded not guilty to two counts, wanton endangerment involving a firearm; and one count, attempted malicious assault. Arbogast will remain on previous reduced bond posted in Magistrate Court. He was remanded to the sheriff’s department for processing.
Buck Ryan Barker, 57, of White Sulphur Springs, pleaded not guilty to one count, wanton endangerment involving a firearm. Bond was modified to allow Barker to reside in White Sulphur Springs.
James William Wood, Jr., 26, of Marlinton, pleaded not guilty to the seven counts of his indictment. Bond was set at $10,000 cash or surety. Wood will be allowed to leave the state for medical purposes only. He was remanded to the sheriff’s department and the West Virginia State Police for processing.
Phillip C. Dean, Jr. 45, of Marlinton, pleaded not guilty to one count, attempted murder; five counts wanton endangerment involving a firearm; and one count person prohibited from possessing a firearm.
In other matters:
Ricky Jones Hodge, 40, of Marlinton successfully completed the Southeastern Drug Court program and the court dismissed the charges in this case with prejudice.
Plea negotiations are in the works in the case the State vs Stephen L. Bennett, 39, of Marlinton. Bennett was indicted in August on one count, grand larceny.
John T. Greathouse 37, of Bartow, was sentenced to not less than one year nor more than five years in the state penitentiary. Sentence was suspended and the defendant was placed on home incarceration with the added conditions that he maintain 40 hour per week steady employment. If employed for less than 40 hours, the remaining hours are to be replaced by community service. Greathouse must also enter the Day Report Treatment Program.
Robert Allen Eary, 21, of Cass, was indicted by the April Grand Jury on two counts entry of a building other than a dwelling, a felony; six counts, fraudulent use of an access device, a felony; two counts, petit larceny, misdemeanors. Eary tendered a written plea agreement to the court wherein he would plead guilty to the two misdemeanor charges of petit larceny, in exchange for dismissal of counts one through eight of the indictment. The court did not accept his plea, and the matter is set for January 9, 2019.
Timothy Lee Queen, 31, of Bartow, tendered a written plea agreement to the court wherein he agreed to plead guilty to Count II of the indictment. The state moved to dismiss Count I with prejudice. The court accepted his plea but will withhold adjudication. He was released from the Regional Jail Authority to the Drug Court Program. The court reinstated Queen to $10,000 personal recognizance bond with the condition of home confinement. When bond has been posted, Queen will be released to the Southeastern Drug Court Program.
The following cases were heard December 13 before the Honorable Judge Jennifer P. Dent:
Plea negotiations are in the works in the case the State vs Zachary Morrison, 30, of Buckeye.
A sentencing and disposition hearing was held in the case the State vs Joseph M. Smith, 52, of Marlinton, wherein defense counsel asked for probation as Smith has served a significant amount of time. The court sentenced Smith to not less than one year nor more than five years in the state penitentiary with credit for 364 days served. The sentence was suspended and Smith was placed on probation for two years with normal conditions. The court granted a defense motion that the defendant be transferred to the Western Regional Jail, and then be released to probation on December 14.