Judge Joseph Pomponio presided over arraignments and hearings in Pocahontas County Circuit Court Wednesday, April 11, according to Circuit Clerk Connie Carr.

Arraignments
State vs. Phillip A. Moyers. Moyers, 27, no address available, was not transported from the Tygarts Valley Regional Jail. The matter was rescheduled for April 25.

State vs. Karen Cutlip. Cutlip, 22, of Marlinton, pled not guilty to two separate counts delivery of a controlled substance. Trial was scheduled for July 20. Cutlip remains free on bond.
State vs. Bryan Blechl. Blechl, 28, of Bartow pled not guilty to one count delivery of a controlled substance. Trial was scheduled for July 26. Blechl remains free on bond.
State vs. George T. Underwood. Underwood, 32, of Marlinton, pled not guilty to driving under the influence, third or subsequent offense, bypassing alcohol test and lock program and refus[al] to submit to preliminary analysis of breath. Trial was scheduled for July 27. Underwood's bond was revoked and he was incarcerated in the Tygarts Valley Regional Jail Tuesday.

State vs. John A. Wolfe. Wolfe, 33, of Dunmore pled not guilty to breaking and entering and grand larceny. Trial was set for July 27. Wolfe remains free on bond.

State vs. Gary Tacy. Tacy, no age or address available, pled not guilty to grand larceny. Trial was set for July 27. Tacy is not eligible for bond and was remanded to custody.
State vs. Steven Moore. Moore, 31, of Cass, pled not guilty to delivery of a controlled substance, possession with intent to deliver a controlled substance and conspiring to commit a felony offense. Trial was set for July 26. Moore is free on bond.

Hearings

State vs. Patrick Wall. Wall will self-report to the Anthony Correctional Center for a 60-day evaluation when he is notified by a probation officer. Bond will be suspended during the evaluation, but reinstated with it is complete. Wall ipled guilty to felony delivery of a controlled substance.

State vs. Jerome Heinemann. Heinemann, 67, of Green Bank, appealed magistrate court convictions for driving with suspended license and no vehicle registration. Heinemann asked for a dismissal of hte matter because David Jonese, the Sheriff of Pocahontas County, is an elected official and has not taken the approved law enforcement training for issuing tickets. Prosecuting Attorney Donna Price said that West Virginia Code exempts a Chief Executive Officer from the training. Pomponio denied Heinemann's motion to dismiss on those grounds, found probable cause and proceeded to hold a bench trial. Jonese and testified for the State and Patricia Heinemann for the defense. The sheriff related he pulled Heinemann over for traveling 10 miles per hour above the 35 miles per hour speed limit, and had followed Heinemann to confirm the speed with his vehicle. Heinemann said he was not going over 35 miles per hour and that the sheriff had confirmed his speed by a visual check. Patricia Heinemann noted that her husband had used his brakes when coming down a hill and was not speeding. Jerome Heinemann said he was pulled over in a known "speed trap" area. Jonese said that after he stopped the Heinemann vehicle, a record check with 9-1-1 revealed that the man's license was suspended and the registration was not good. The sheriff said he does have certified training in Doppler radar and visual speed recognitions. Pomponio found probable cause that Heinemann was speeding and unlawfully drove a motor vehicle on a public highway without a valid license and registration.

State vs. Joseph A. Tawney. Tawney, 57, no address available, was released from home confinement.

State vs. William L. Cassell. Cassell, 51, no address available, stipulated that he violated the terms and conditions of his home confinement and Pomponio accepted his waiver of an evidentiary hearing. Cassell was returned to home confinement. Cassell pled guilty to misdemeanor domestic battery.

ﾠ