According to Pocahontas County Circuit Court Clerk Connie Carr, the following cases were heard September 17 before the Honorable Judge Robert E. Richardson:
In a change of plea hearing in the case the state vs Gregory W. Arbogast, 33, of Slaty Fork, the defendant pleaded guilty to a misdemeanor charge of Petit Larceny. The state agreed to dismiss a felony indictment of One Count Burglary. The matter was referred to the probation department for a pre-sentencing investigation. Arbogast remains on bond.
A sentencing and disposition hearing in the case the state vs Steven K. Bennett, 34, of Marlinton, was continued from August 20 to September 17 to allow the defendant to be referred to Drug Court. The defendant was not suitable for Drug Court. Defense counsel stated that the defendant has attended a five day de-tox program and is trying to get into a long-term substance abuse program, but has been unable to find an opening. The state agreed to stand silent at sentencing. The court sentenced Bennett to not less than one year nor more than five years in the state penitentiary with regards to the charge, Prohibited Person with Firearm; and sentenced him to not less than one year more more than fifteen years for each of two counts of Possession with Intent to Deliver a Controlled Substance. The sentences were suspended and the defendant was ordered to enroll in the Home Confinement and Day Report programs. In addition the defendant is to enroll in and complete a long-term treatment program and counseling. At the end of the treatment period, he will be placed on five years probation with the conditions of Home Incarceration and Day Report.
In a status hearing in the case the state vs Greg C. Sharp, 36, of Cass, the defense tendered a motion to dismiss based on the defendant’s right to a speedy trial. The court granted the motion and released bond. Sharp was indicted on two counts by the April 2011 Grand Jury – Fleeing DUI, a felony: DUI I, a misdemeanor.
The court granted a defense motion to dismiss and release bond in the case the state vs Shauna R. Spence, age unknown, of Louisa, Virginia. The dismissal was based on the defendants right to a speedy trial. The August 2012 Grand Jury returned a two count indictment against Spence – Grand Larceny, a felony; and Conspiracy, a felony.
In a hearing on the state’s petition to revoke bond in its case against Gavin M. Doss, 20, of Lewisburg, the defendant admitted to a bond violation of shoplifting. He was readmitted to Home Confinement in Greenbrier County with the addition of Day Report. The August 2014 Grand Jury returned a three-count indictment against Doss – One Count Fleeing from Officer in Vehicle, a felony; Two Counts Fleeing from Officer on Foot, misdemeanors.
Phillip Ray Howell, Jr., 36, of Virginia Beach, Virginia, pleaded not guilty to the two count indictment returned against him – One Count Possession with Intent to Deliver a Schedule II Controlled Narcotic, a felony; One Count Possession with Intent to Deliver a Schedule I Controlled Non-Narcotic, a felony.
The following cases were heard September 19 before the Honorable Judge James J. Rowe:
In arraignment hearings:
Troy Williams, 33, of Hinton, pleaded not guilty to all counts in the indictment – One Count Possession with Intent to Deliver Schedule I Non-Narcotic, a felony; One Count Possession with Intent to Deliver Schedule II Narcotic, a felony; One Count Possession with Intent to Deliver Schedule IV Non-Narcotic, a felony.
Dustin Lloyd Viars, 33, of Marlinton, pleaded not guilty to Three Counts Wanton Endangerment Involving a Firearm, a felony. Bond was set at $5,000 with specific conditions that the defendant goes to Florida for employment.
Travis D. Brown, 31, of Arbovale, pleaded not guilty to Driving Under Influence of Alcohol, third offense, a felony. The defendant is in a rehab program in Princeton, and remains on bond.
Jeremy Fitzgerald, 29, of Cass, pleaded not guilty to five counts – One Count, Wanton Endangerment Involving a Firearm, a felony; One Court, Obstructing Firefighter or Emergency Equipment, a felony; One Count, Arson, Third Degree, a felony; One Count, Conspiracy to Commit a Felony, a felony; One Count, Shooting within 500 feet of a Building, a misdemeanor. The defendant is currently out on $100,000 bond with condition of Home Confinement. The home confinement bracelet will be removed due to the defendant’s employment.
Joshua Fitzgerald, 31, of Marlinton, pleaded not guilty to three counts – One Count, Obstructing Firefighter or Emergency Equipment, a felony; One Count Arson, Third Degree, a felony; One Count, Conspiracy to Commit a Felony, a felony. The court granted a motion to remove the defendant’s ankle bracelet due to his employment as a logger. Fitzgerald remains on bond.
The court granted a continuance of the trial in the case the state vs George Gary Hissom. The defense attorney has a trial scheduled in Greenbrier County on the same day. Hissom remains on bond.
In a change of plea hearing in the case the state vs Vincent P. Gibson, 28, of Coalton, the defendant pleaded guilty to Count I – Burglary, and the state dismissed Counts Two through Four of the indictment. Sentencing and disposition is set for November 14. The defendant was remanded to custody.
A trial is set for October 14 in the case the state vs Robert Wolfe, 44, of Mill Creek. The defendant remains on bond. Wolfe was indicted in December 2013 – Count One, Fraudulent Registration; Count Two, False Certificate.
The court denied reinstatement to probation in the case the state vs Christopher Shane McClure, 35, of Hillsboro, and reimposed the original sentence of one year in the regional jail. The court will stay execution of the sentence for 30 days.
In a status hearing in the case the state vs Megan Josephine Stewart, 24, of Oceana, the court inquired about the status of the Wyoming County Drug Court Program. Defense counsel stated that Wyoming County is still in the process of beginning a program, but Stewart has had all negative drug screens since the last hearing, and will be screened every week until the next hearing.