According to Pocahontas County Circuit Court Clerk Connie Carr, the following hearings were held February 13 before the Honorable Judge Robert E. Richardson:
A pre-trial conference was held in the case the State vs Gary D. Cool, 35, of Monterville, wherein the court approved defense counsel’s request for a psychological forensic evaluation of the defendant. Cool was indicted on one count, possession with intent to deliver a Schedule II controlled non-narcotic substance; one count, fleeing an officer; and one one count, making a false statement to a law enforcement officer. The defendant was remanded to custody.
A hearing on a motion for appointment of counsel was held in the case the State vs Joseph Tawney, 36, of Slaty Fork. Tawney stated that his legal counsel was not sure she could win the case. The court found the attorney competent and dismissed Tawney’s motion. The preliminary hearing will go forward in magistrate court. Tawney was remanded to the regional jail.
Negotiations are ongoing in the case the State vs Carrie D. Pritt, 22, of Warm Springs, Virginia. Pritt was indicted on one count, possession with intent to deliver a Schedule II controlled non-narcotic substance.
A status conference is scheduled for March 3 in the case the State vs Hayes Andrew Arbogast, 51, of Elkins. Arbogast was indicted on two counts, wanton endangerment involving a firearm; and one count, attempted malicious assault. He was remanded to custody.
Buck Ryan Barker, 57, of White Sulphur Springs, waived his right to a speedy trial and asked that the matter be continued to the next term of court. Barker was indicted on one count, wanton endangerment involving a firearm.
A pre-trial conference was held in the case the State vs Phillip C. Dean, Jr., 45, of Marlinton, wherein the court granted a request from defense counsel for a forensic evaluation of the defendant. Dean was indicted on one count, attempted murder; five counts wanton endangerment involving a firearm; and one count, person prohibited from possessing a firearm.
The court found probable cause that Lynn David Jordan, Jr., 30, of Marlinton, had violated his diversion agreement. The matter is set for an evidentiary hearing March 13.
Charles Calhoun, 33, of Marlinton, waived his right to a speedy trial. The court ordered all defense motions be filed within five days. A status conference is set for April 15.
Amanda Bennett, 33, of Marlinton, has been referred to drug court. A pre-trial conference is set for March 14. Bennett was remanded to custody.
Plea negotiations are proceeding in the case the State vs Melanie D. Cosner, 44, of Durbin. A change of plea hearing is set for March 27.
Shawn M. Waugh, 31, of Elkins, tendered a written agreement to the court wherein he pleaded guilty to delivery of a Schedule III narcotic substance, buprenorphine. The court accepted the plea but deferred adjudication. Waugh was placed on diversion for one year with the condition of home confinement. If he completes the diversion, he will return to court to be sentenced on a lesser misdemeanor charge. The State dismissed Count I of the indictment with prejudice. Waugh’s bond was modified to add the condition of home confinement.
Hearings held February 14 before the Honorable Judge Jennifer P. Dent:
A sentencing and disposition hearing was held in the case the State vs Patrick Wall, 40, of Marlinton, wherein defense counsel asked for alternative sentencing so Wall can maintain employment. Wall related to the court that he had learned good things from his time in the Southeastern Drug Court program. He was sentenced to not less than one year nor more than 10 years in the state penitentiary, but will be allowed to discharge the sentence on home incarceration with the special condition of maintaining employment. Wall will also be required to pay restitution and perform 200 hours of community service. The amount of restitution will be determined at a hearing March 20.
A plea agreement is in the works in the case the State vs Kiana Woodhouse, 21, of Marlinton. A change of plea hearing is set for February 21.
Plea negotiations are ongoing in the case the State vs Leo Woodhouse, 53, of Marlinton. A change of plea hearing is set for February 21.
The State withdrew its motion to revoke bond in the case the State vs Edward Arbogast, 39, of Marlinton. The withdrawal was due to matters occurring before another division of the court. Arbogast is now on home incarceration. The court adjudged him guilty of the felony offense of delivery of a Schedule II controlled non- narcotic substance, two counts.
Hearings held February 20 before the Honorable Judge Robert E. Richardson:
A change of plea hearing was held in the case the State vs Gregory Keatley, 36, of Marlinton, wherein the defendant pleaded guilty to two felony counts of delivery of a Schedule III controlled narcotic substance. The court granted the State’s motion for the remaining two counts in the indictment to be dismissed with prejudice. Keatley remains on present bond with the added condition of cooperating with the probation department for the pre-sentencing investigation. Sentencing and disposition is set for March 27.
Paul A. Shaver, 25, of Morgantown, was sentenced to not less than one year nor more than 10 years for the felony offense of uttering, and not less than one year nor more than 10 years for the felony offense, obtaining money under false pretenses. Sentences shall run concurrently with other sentences the defendant is now serving. Restitution was assessed in the amount of $8,245.77, which is to be paid within three years after release from the Department of Corrections. Shaver was given 107 days’ credit for time served.
Before the Honorable Judge Jennifer P. Dent, February 21:
Leo Woodhouse, 53, of Marlinton, pleaded no contest to the felony offense of conspiracy to commit a felony, and entered a two-year diversion period. If he successfully completes the diversion, he will return to the court to plead to a lesser misdemeanor offense of conspiracy.
Kiana Woodhouse, 21, of Marlinton, tendered an agreement to the court in which she pleaded guilty to a lesser misdemeanor offense of possession of a controlled substance. The court deferred adjudication and placed the defendant on six months’ probation, with court costs to be paid during the probationary period.