Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following hearings were held November 14 before the Honorable Judge Jennifer P. Dent:

A capias was issued for Eden Denys Taylor, 34, of Indore, who failed to appear for sentencing and disposition.

Burt W. Harmon, Jr., 22, of Cowen, and an inmate in the Tygart Valley Regional Jail, was found to be competent to assist counsel and to stand trial. Negotiations are in the works concerning a plea agreement, and Harmon waived his right to a speedy trial. The court reinstated bond at $10,000 cash or surety with the condition of home incarceration, when the defendant has an approved place of residence.

Gary W. McKenney, 69, of Durbin, and an inmate in the Southern Regional Jail, tendered a written and oral plea agreement to the court wherein he pleaded guilty to the misdemeanor offense, driving revoked for DUI, second offense, and the state asked that Count II of the indictment be dismissed with prejudice. Defense counsel advised the court that McKenney has been incarcerated on this matter since August 2018. The court sentenced McKenney to one year in the regional jail with credit for time served. No fine was imposed. Court costs were assessed which are to be paid within six months. The defendant was remanded to custody.

A hearing on a defense motion to permit a timely appeal was held in the case the State vs Avery A. Hambrick, III, 27, of Hillsboro, and an inmate in Mt. Olive Regional Jail, wherein the current defense counsel withdrew. The court re-imposed sentence, under Rule 35, to allow the defendant to have time for an appeal. The court appointed new counsel in the case. Hambrick was remanded to custody.

A defense motion for reduction of bail was heard in the case the State vs Joseph R. Short, 31, of Camden on Gauley, and an inmate in the Southern Regional Jail. Defense counsel asked that a personal recognizance bond be set at $1,000. The state opposed the motion and asked that bond be increased to $10,000 cash or surety because the defendant is a flight risk and a danger to the public. Motions to modify bond were denied. This case was bound over from Magistrate Court where Short was charged with fleeing from an officer and vehicle reckless indifference, resulting from a car chase that began in Greenbrier County. Short was remanded to custody.

A non-jury trial was held in the case the State vs Terri Bradshaw, 39, of Hillsboro, wherein the court found her guilty of speeding at 70 mph in a 55 mph zone. Court costs and fines were assessed and are to be paid within six months.

A hearing on a petition to revoke pretrial diversion was held in the case the State vs Stuart Tingler, 33, of Millboro, Virginia, wherein defense counsel advised the court that a letter had been received from The Lifehouse Program stating that the defendant had re-entered the program. The state noted that the letter is unclear as to whether Tingler is actually there, and also noted that he would not have time to complete the program before the diversion period is up. Defense counsel was unable to contact The Lifehouse to confirm, and the matter was continued to November 20.

An evidentiary hearing in the case the State vs John Martin Stull, 29, of Bartow, was rescheduled to December 19 as a new defense attorney has been assigned to the case and needs time to prepare.

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