Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard March 11 before the Honorable Judge Robert E. Richardson:

A change of plea hearing was held in the case the State vs David Wayne Sharp, 57, of Marlinton, wherein defense counsel advised the court that the defendant had completed a diversion period and wishes to withdraw an earlier plea to the felony offense of delivery of a Schedule II substance contained in Count III of the indictment and pleaded guilty to the lesser misdemeanor offense of Possession of a Schedule II controlled narcotic substance in Count II of the indictment. The court accepted the plea and sentenced Sharp to 90 days in the regional jail, with sentence suspended and Sharp was placed on probation for six months. Home incarceration is not a condition, but he will be subject to drug screens.

A status conference was held in the case the State vs Terri D. Bradshaw, 40, of Hillsboro, wherein the court explained to the defendant that it cannot act as counsel. Bradshaw was advised that she could file an affidavit for appointment of counsel, but she indicated that she did not need appointed counsel. The state relates that Ms. Bradshaw has cited federal law in her injunction for relief and it does not apply in this matter. The state is also aware of a pending civil action and the ruling in that matter will decide if Ms. Bradshaw may be charged with more offenses of illegal possession of wildlife. The court denied the defense motion for injunction, and advised the state that the civil matter can still be pending while the criminal case is being decided. A non-jury trial is set for June 5.

A jury trial is set for March 26 in the case the State vs Jamie Lee Green, 34, of Marlinton. The state will provide supplemental discovery concerning confidential informant.

A jury trial is set for April 30 in the case the State vs Joseph D. Friel, 24, of Cass.

A status conference was held in the case the State vs Noletia Gail Mayle, 34, of Circleville, wherein defense counsel advised the court that another case is pending before the court that affects this matter. Plea negotiations are ongoing.

A sentencing and disposition hearing was held in the the case the State vs Derek S. Hannah, 33, an inmate at St. Mary’s Correctional Center, wherein the defendant was sentenced to six months in the regional jail for the misdemeanor offense of possession of a controlled sub- stance, methamphetamine; six months on the misdemeanor offense of person prohibited from possessing a firearm; not less than one year nor more than 10 years in the custody of the West Virginia Department of Corrections for the felony offense of illegal possession of explosive material. Sentences are to run consecutively. Hannah is now serving time for offenses in Raleigh County and the sentences in Pocahontas County are to run consecutive to those in Raleigh. Hannah was remanded to custody.

Plea negotiations are ongoing in the case the State vs Dalton Cain, 19, of Marlinton. The court asked for a plan “to get this case rolling.” The state advised that if the plea is not happening, the key witness is in the military, serving overseas, and is not due to return for a few months. The court granted the state’s motion to continue the case to the next term of court. Cain was indicted on entry of a building other than a dwelling, grand larceny and destruction of property. Cain was remanded.

Jesse Lee Blake, 35, of Marlinton, waived his right to a speedy trial. Defense counsel asked for modification of bond to $2,500. The State objected to any modification. The court modified bond to $2,500, 10 % cash or 100% surety, with the condition that Blake maintains a residence in Pocahontas County. He will be monitored by home confinement, and may only leave the residence with approved consent of a home confinement officer to attend drug rehab or church. Blake is to have no direct or indirect contact with the victims in this matter.

Home confinement fee for Melanie D. Cosner, 45, of Durbin, was reduced to $125 per month, and she was directed to obtain full-time employment.

In the case the State vs Julian Waddell, 35, of Cass, the court reduced bond to $5,000, 10% cash, 90 % personal recognizance. Waddell is to report to the Day Report Program for drug testing and shall not possess any fire-arms. Home confinement is lifted, but he will be monitored by home confinement for whereabouts.

The following cases were heard March 18 before the Honorable Judge Jennifer P. Dent:

Misty Jane Pritt, 32, of Elkins, was sentenced to the regional jail for one year for the lesser included misdemeanor offense of petit larceny; and one year for the misdemeanor offense of receiving or transferring stolen goods. A fine was not imposed, but Pritt owes restitution in the amount of $13,580. Court costs were assessed and she will have six months after release from custody to pay them. Pritt was given 97 days’ credit for time served.

Eric Dakota Castle, 21, of Marlinton, appeared for his hearing via video conference from Tygart Valley Regional Jail. He waived his right to the evidentiary hearing and admitted that he violated the conditions of his bond by possessing methamphetamine. The state advised that home confinement was a condition of Castle’s bond, and that he violated that, as well. The court revoked bond for 30 days and set bond at $5,000 cash/surety with the condition of home confinement at an approved residence.

A hearing was held on a request for extradition from Loudoun County, Virginia, on an active capias for Michael Ryan Long 38, of Hillsboro. Long appeared by video conference from Denmar Correctional Center and waived extradition and will return to Loudoun County. Virginia authorities will have 10 days to pick up the defendant.

Sentencing and disposition was scheduled in the case the State vs Eden Denys Taylor, 34, of Indore, wherein the defendant appeared by video conference from the Central Regional Jail. Defense counsel advised that a sex offender evaluation had not been done and asked that the hearing be continued as the evaluation was scheduled for the following day. Taylor was indicted by the December 2017 Grand Jury on one count, imposition of sexual acts on persons incarcerated or under supervision, a felony.

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