According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard September 18 and 19 before the Honorable Judge Jennifer P. Dent:
An evidentiary hearing was held in the case the State vs Andrea Woody, 34, of Marlinton, wherein the defendant admitted to violation of her probation, but disagreed with the total amount of restitution owed in this matter. Part of the amount owed is court costs. Restitution payments are automatically withheld from Woody’s pay by the West Virginia Department of Health and Human Resources. The state asked for a continuance and to extend the defendant’s probation for three months to allow her time to pay court costs. A further evidentiary hearing is set for October 17.
A capias was issued for John Martin Stull, 29, of Bartow, who failed to appear for his evidentiary hearing.
A continuance of an adjudication hearing was granted in the case the State vs Ina B. Pennington, 46, of Marlinton.
Thomas E. Greenburg, 37, of Snowshoe, tendered a written plea to the court wherein he pleaded guilty to the lesser felony offense of attempting to manufacture a Schedule I controlled non-narcotic substance, marijuana. Greenburg waived his right to a pre-sentence investigation. The state asked that Count II of the indictment against Greenburg be dismissed with prejudice. The court sentenced the defendant to not less than one year nor more than three years in the state penitentiary, with the sentence suspended and Greenburg was placed on 15-months’ probation with normal conditions.
A hearing on a defense motion for reduction of sentence was held in the case the State vs Buck Ryan Barker, 57, of White Sulphur Springs, wherein the court was advised that Barker is moving to Pennsylvania and has health problems. The court will delay any ruling until the probation department can review the matter for out of state supervision.
A hearing on a defense motion to reduce bond was held in the case the State vs Jesse Lee Blake, 35, of Marlinton, wherein defense counsel asked that Blake be released to a drug rehab program. The state related that the defendant has been in programs before and has not completed them. The state feels the defendant is a danger to the community and advised the court that Blake has pleaded guilty to three prior felony burglaries and several breaking and entering charges. The state opposes the motion to reduce bond. The court would be inclined to reduce bond if the defendant were living in a drug rehab facility under the supervision of home confinement to the facility. The motion to reduce bond was denied.
Defense counsel for Jacob Owen Gragg, 19, of Marlinton, advised the court that the matter is ready for trial. A special prosecutor has not been found for this case, as yet. Jury instructions and the state’s final witness list are due by November 5.