Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard March 13 before the Honorable Judge Robert E. Richardson:

Christopher M. Gibson, 42, of Marlinton, waived his right to an evidentiary hearing. The court found that Gibson had violated terms of his home incarceration and reinstated the original sentence of not less than one year nor more than five years. He will be given credit for time served. Gibson was remanded to custody.

The court denied a defense motion for appointment of new counsel in the case the State vs Jesse Lee Blake, 34, of Marlinton.

Trial is set for June 5 in the case the State vs James William Wood, Jr., 26, of Marlinton.

Robert Allen Eary, 21, of Cass, was placed on five years’ probation with monitored home confinement. If he complies with the terms and conditions of home incarceration, it can be removed within four months. He must complete 400 hours of community service, was fined $500 on each of two counts misdemeanor petit larceny, was assessed restitution in the amount of $166.08 as well as court costs.

A sentencing and disposition hearing was held in the case the State vs Catherine L. McDaniels, 40, of Slaty Fork, wherein the the court accepted the pre-sentence investigation report excluding the false reporting incident in the criminal history. McDaniels was not successful in the Southeastern Drug Court Program, and the court denied a motion for alternative sentencing. McDaniels was sentenced to not less than one year nor more than five years in the state penitentiary as to the offense of possession with intent to deliver a non-narcotic controlled substance and not less than one year nor more than five years for the offense of uttering – both sentences to run concurrently. She was also sentenced to not less than one year nor more than 10 years for the offense of fraudulent schemes. This sentence will run consecutively with the others in this matter. Restitution of $1,582.14 and court costs were assessed, which are to be paid within two years of release from WVDOC. The defendant was remanded to custody.

A sentencing and disposition hearing was held in the case the State vs Marissa E. Mann Bennett, 23, of Charleston, wherein the court sentenced the defendant to six months in the regional jail on two counts, child neglect creating substantial risk of bodily injury, and 12 months in the regional jail for the offense of driving under the influence with un-emancipated minor under sixteen. Sentences were suspended and Bennett was placed on supervised probation for a period of five years and fined $100 per each count.

A status conference is set for May 8 in the case the State vs Buck Ryan Barker, 57, of White Sulphur Springs.

The court revoked the pre-trial diversion in the case the State vs Lynn David Jordan, Jr., 31, of Marlinton. The court found probable cause that the diversion agreement had been violated.

March 14 hearings before the Honorable Judge Jennifer P. Dent:

Roslyn McCarty, 20, of Marlinton, tendered a written plea agreement to the court wherein she pleaded no contest, “Kennedy vs Fraiser,” to threatening to commit a terrorist act, a felony; and guilty to the misdemeanor offense of petit larceny. The court accepted the pleas, and the state moved to dismiss counts II through VI of her indictment. Sentencing is set for May 15. McCarty was remanded to custody.

Anna Faye Sheets, 50, of Marlinton, advised the court that she did not want to enter a plea agreement and asked that a trial date be set.

March 20 hearings:

A defense motion for reduction of bond was granted in the case the State vs Gary W. McKenney, 68, of Marlinton. The court set bond at $2,000 personal recognizance with the noted conditions of no operating a motor vehicle, no contact with victims, and the added condition of home incarceration.

Eden Denys Taylor, 33, of Lizemores, appeared by phone for a status conference hearing. The court noted that Taylor has failed to be present before, and there will be no more continuances in the case. If the defendant fails to appear at the next hearing, a capias will be issued.

Carl Lee Kidd, 37, of Arbovale, has failed to make himself available to the probation department for his pre-sentencing investigation. The court added home confinement as a condition of bond, and if Kidd fails to report to the PD before the next hearing, he will be remanded to the Tygart Valley Regional Jail.

In an evidentiary hearing in the case the State vs Drema Renee Tinney, 50, of Marlinton, the defendant admitted to using drugs while on home incarceration. A disposition is being negotiated, and the matter is set for April 27.

April 3 hearings:

An evidentiary hearing was held March 20 in the case the State vs Darin Ramsey, 30, of Durbin, wherein it was determined that the defendant has violated his probation. At the April 3 disposition hearing, defense counsel asked for alternative sentencing and home confinement, but the court related that several sanctions have been imposed and Ramsey did not appear for the probation department to gain a pre-sentence investigation report. Ramsey was sentenced to one year in the Tygart Valley Regional Jail with 188 days’ credit for time served. The defendant is to self-report to TVRJ on April 15 to begin his sentence.

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