Chief Judge Joseph Pomponio sat on the bench in Pocahontas County Circuit Court on Wednesday, March 21. According to Circuit Clerk Connie Carr, Pomponio heard the following matters:
State vs. Randall Bibb. Bibb waived his right to a speedy trial. His trial set for March 28 was continued. Bibb, 59, of Marlinton, was indicted for sexual abuse in the first degree.
State vs. Melanie Riffe. Riffe, 37, of Durbin, was remanded to custody after Pomponio sentenced her to one-to-10 years with credit for time served. Riffe was charged with breaking and entering.
State vs. Charles E. Fogus. Prosecuting Attorney Donna Price moved for a continuance of the trial, which was set for March 28. "I don't believe that we're in a position to try [the case] at this point," Price said. Defense counsel E. L. Morgan said the matter may be resolved by a plea agreement. Fogus, 43, is charged with murder in the first degree.
State vs. Herbert G. McClure, Jr. Pomponio remanded McClure, 61, of Marlinton, to jail with credit for time served on home confinement. McClure is charged with driving revoked for DUI and DUI, third offense or greater.
State vs. Farrell Gene Kelly. Pomponio remanded Kelly, 48, of Cass, to jail for 90 days on charges of obtaining money, property or services by false pretenses (six months) and prohibited person in possession of a firearm (six months). The sentences are to run consecutively. The judge suspended the sentence for the firearm charge and Kelly was placed on unsupervised probation for 18 months with conditions. His attorney, Dewitt Daniell, was relieved as counsel.
State vs. April Gumm. Gumm, 41, of Marlinton, waived her right to a speedy trial. Her trial scheduled for March 28 was continued. Gumm is charged with conspiring to commit a felony and operation of a clandestine drug lab.
State vs. Bryan Dewitt Thompson. Thompson, 50, of Hillsboro, is charged with conspiracy to commit a felony and delivery of a controlled substance. Pomponio denied a motion by Thompson's counsel, Steve Hunter, to dismiss the matter due to delayed prosecution. The matter was set for hearing on April 25.
State vs. Adrion Latinakova, Marla Latinakova. Both Latinakovas are charged with four county of child abuse. Bond was reduced to $5,000 cash or surety for Adrion Latinakova, 38, and Marla Latinakova, 42, of Dunmore. The Latinakovas were released from the Tygarts Valley Regional Jail after posting bond.
Carr reported that Judge James Rowe presided over hearings in Pocahontas County on Friday, March 23. Rowe heard the following matters:
State vs. Julian N. Waddell. Waddell, 28, of Green Bank, was re-admitted to bail with additional monitored home confinement. Waddell stipulated that he had violated his bond. He is charged with child abuse resulting in bodily injury, child neglect and unlawful wounding.
State vs. Steven B. Simpson. An evidentiary hearing was held to determine the status of the return of guns confiscated during an arrest in 2003. Captain Troy McCoy has been working with Alcohol, Tobacco and Firearms to determine the ownership of several guns. One gun has been returned to its owner. Rowe granted an additional 45 days for the investigation. Simpson, 52, was charged with being a felon in possession of a firearm.
State vs. Roger Teter, Jr. Rowe would not accept a plea agreement until the defense and prosecution reach "total agreement." The matter was set for further hearing on May 9 for a change of plea and sentencing. Teter, 38, is charged with petit larceny.
State vs. Lacy Andrew Biggs. The judge accepted Biggs' oral and written plea to sexual abuse by a parent, guardian or custodian. Two other counts of the indictment were dismissed. Biggs, 32, of Marlinton, was sentenced to 10-to-20 years in prison with credit for time served, and fined $1,000. Biggs is incarcerated at the Tygarts Valley Regional Jail.