According to Circuit Clerk Connie Carr, the following cases were heard by Judge James J. Rowe on Friday, November 16:
State vs. Charles E. Ellison. Defense counsel R. Keesee requested new pre-trial and trial dates. Prosecuting Attorney Donna Price did not object. Rowe accepted the defendant’s waiver of his right to a speedy trial. The matter is set for a pre-trial hearing on January 11, 2013 and the trial is set for January 29, 2013.
State vs. Luca Byrd. Defendant was returned to circuit court for not complying with program at Anthony Correctional Center. Price asked that the original sentence be imposed. Defense counsel S. Breece indicated that the defendant’s time served is incorrect. Anthony Correction Center would not have information on time served before sentencing.
Price will contact the Department of Correction for information to correct the issue with the amount of time served. Breece asked for home confinement but Price objected due to the seriousness of the events happening at ACC. Rowe imposed the original sentence of not less than one year nor more than 10 years in a state penitentiary for grand larceny and not less than one year nor more than three years for a charge of attempting to commit a felony. The sentences are to run concurrently.
State vs. Selina Goode. Rowe received a report from the Pocahontas County Day Report Program. After defendant was recently readmitted to bail, she had a positive drug screen again. Price related that the Day Report Program and Home Incarceration Program will no accept the defendant back. Rowe remanded Goode to the Tygart Valley Regional Jail. A trial is set for December 18.
State vs. John Shinaberry. Price asked for a dismissal of the case. She noted that the laboratory that did the DNA testing of the calf in question does not want to be involved in a legal situation. Price will contact the victim to see if another lab can be used. Rowe granted the motion to dismiss the charge and return any bonds in the matter.
State vs. Tony Tatano. Price asked for a speedy trial due to boarding of animals. The matter is set for a bench trial on November 30.
State vs. Douglas Trent. Price said she does not oppose an alternative sentence. Defense counsel Eugene Simmons indicated that the defendant has complied with Home Confinement and Day Report programs and asked for an alternative sentencing. Trent was sentenced to six months in Tygart Valley Regional Jail with credit for time service and fined $500. The sentence was suspended, and the defendant was placed on probation for one year. Trent was ordered to pay his court costs within the probation period.
State vs. Randall Bibb. Price requested a Rule 48 dismissal pursuant to discovery and motions from Defense counsel Breece, as well as notice of alibi of defendant. Rowe granted the dismissal and removed Bibb from bail.
Town of Durbin vs. William and Cathy Grimes. Rowe indicated there are issues to be dealt with before scheduling can begin. The case originated in magistrate court and was then appealed to circuit court. William Grimes tendered a motion for change of venue and motion to disqualify Martin Saffer as counsel for the plaintiff. These motions were filed before Judge Pomponio when the cased moved to circuit court.
Pomponio voluntarily recused himself from the case. The motions that have been filed will require a hearing and any motions made in magistrate court will have to be filed again.
Rowe asked Saffer to respond to the defendants’ motions in writing. The matter is set for a motion hearing on January 9, 2013.