Judge Joseph Pomponio was on the bench in Pocahontas County Thursday, August 9, to preside over arraignments and hold hearings, according to Circuit Clerk Connie Carr.
State vs. John Baptist Boggs. Boggs’ attorney, Dewitt Daniell, told the court that Boggs has developed a serious illness, and asked for a reconsideration of sentencing. Prosecuting Attorney Donna Price agreed. Pomponio granted the motion and placed Boggs on probation. Boggs, 60, of Marlinton, pled guilty to voluntary manslaughter.
State vs. Phillip W. Shinaberry, Jr. Shinaberry, 20, of Cass, was sentenced to the youthful offender program at Anthony Correctional Center after Pomponio suspended a sentence to the State Penitentiary. Shinaberry will serve a six-to-24-month sentence at the correctional center, and will remain on bond until bed space is available there. Shinaberry was ordered to pay court costs and restitution in the amount of $120.
State vs. Charles E. Fogus, Jr. Price asked for discussion with defense counsel E. Lavoyd Morgan, Jr., concerning a resolution to the case. Pomponio granted a continuance in the matter. Fogus was indicted for murder in the first degree. Fogus, 43, is from Buckeye.
The civil case of David S. Tupper vs. Angela Riffey was continued to August 22.
In the civil suit Eric Larson vs. Joe E. Miller, Commissioner, et. als., Pomponio granted Larson time to file responses to defendants’ motions. The court will rule 10 days after those responses are filed.
Carr reported that Judge James Rowe was on the bench Friday, August 10, for arraignments and hearings.
The arraignment of Bradley C. Totten was continued until September 7, when a pre-trial hearing on other charges will be held. Totten was indicted for 47 counts of sexual misconduct at the August grand jury. He was indicted on a dozen similar charges in April.
State vs. Zachary Morrison. Morrison was allowed reinstatement to home confinement. Morrison, 22, of Buckeye, pled guilty to delivery of a Schedule II controlled substance.
State vs. Christine Taylor. Taylor’s trial was scheduled for September 12. Taylor, of Durbin, will remain on bond. Taylor, 35, was indicted for two counts delivery of a controlled substance.
State vs. Charles Stull. Stull, 52, of Durbin, was ordered to an evaluation at Anthony Correctional Center prior to sentencing for a conviction of voluntary manslaughter. Pomponio ordered Stull to be transported to the Southern Regional Jail.
In the civil suit Ford Motor Credit Company vs. Douglas M. McCall, a pre-trial hearing was set for January 11, and trial was scheduled for February 6.
State vs. William Russell. Russell was placed on $8,000 surety bond, with agreement from Price, who said the case has been turned over to federal investigators. Russell, 38, of Cass, is charged with operating or attempting to operate a clandestine drug lab.