Jaynell Graham
Editor
A jury trial was held November 18 and 19 in the Pocahontas County Circuit Court in the case the State vs Tony Garretson, 53, of Marlinton.
The presiding judge was the Honorable Chief Judge Robert E. Richardson.
The State was represented by Special Prosecuting Attorney John G. Ours.
Garretson was represented by his counsel, Kristopher Faerber and Michael Whitt.
Garretson was indicted by the December 2023 Grand Jury on two counts, driving in a controlled substance (Methamphetamine) impaired state proximately causing death of any person; two counts, negligent homicide; and one count, petit larceny.
The State, out of the presence of the jurors, requested that the State be permitted to introduce the evidence of the positive urine test for methamphetamine done April 10, 2023 and further requested that, since the Court had heard all of the evidence of the State to that point, that the Court permit Corporal Brock to give his lay opinion with regard to whether or not the defendant was impaired as a result of his admitted use of methamphetamine.
The Court denied both of the State’s requests.
The State rested its case, and the defense moved for judgment of acquittal regarding Counts I, II, III and IV.
The Court granted a motion for judgment of acquittal as to Counts I and II, the felony offense of driving in a controlled substance impaired state causing death; but denied the defense motion regarding Counts III and IV, dealing with the misdemeanor offense of negligent homicide.
After the jury was dismissed for the day, and following discussions between all parties, defense counsel, Garretson and the State reached a plea agreement wherein the defendant would plead guilty to two misdemeanor counts of negligent homicide in the April 10, 2023 deaths of Darren Jackson, 59, and his son, Ryan Jackson, 32.
The Court accepted the guilty plea and adjudged the defendant guilty of the same.
The State moved, according to the plea agreement, to dismiss Count V of the indictment, petit larceny.
Defense counsel asked for reinstatement of the defendant’s bond.
The Court denied the motion for post-conviction bond and referred the matter to the probation department for a presentence investigation report.
A sentencing and disposition hearing is set for January 29, 2025.
Garretson was remanded to custody and returned to the Tygart Valley Regional Jail pending disposition or further order of the Court.