Circuit Court
According to Circuit Clerk Connie Carr, the following cases were heard by Judge James J. Rowe on Friday, December 7, and Judge J.C. Pomponio, Jr. on Wednesday, December 12:
Arraignments
Edward Arbogast, 33, of Marlinton, pleaded not guilty to two counts grand larceny, one county conspiring and one count fraudulent scheme, all felonies. The matter was set for pretrial March 8, 2013 and trail was set for March 19, 2013. Martin Saffer was appointed as counsel.
Winfred Rex Cassell, 50, of Cass, pleaded not guilty to one count conspiracy and one count fraudulent scheme, both felonies. The matter was set for pretrial March 8, 2013 and trial March 19, 2013. Phil Isner was retained as counsel.
Julian Waddell, 28, of Marlinton, pleaded not guilty to one count conspiracy and one count fraudulent scheme, both felonies. The matter was set for pretrial March 8, 2013 and trial March 19, 2013. J. Edwards is counsel.
Julian Waddell, 28, of Marlinton, pleaded not guilty to one count malicious wounding, one count child abuse resulting in injury, one count child neglect creating risk of injury, all felonies; and one count domestic assault, a misdemeanor. The matter was set for pretrial March 8, 2013 and trial March 19, 2013. J. Edwards is counsel.
Christopher Lambert, 29, of Durbin, pleaded not guilty to two counts grand larceny, one count conspiring and one count fraudulent scheme, all felonies. The matter was set for pretrial March 8, 2013 and trial March 20, 2013. M. Whitt was appointed counsel.
Brian Allen Simpkins, 29, of Division of Correction, pleaded not guilty to one count transport any contraband onto the grounds of any jail, state correctional facility, juvenile facility or juvenile detention facility and one count possession with intent to deliver contraband onto the grounds of any jail, state correctional facility, juvenile facility or juvenile detention facility, both misdemeanors. The matter is set for pretrial March 8, 2013 and trial March 20, 2013. J. Edwards is counsel.
Teresa Teter, 46, of Marlinton, pleaded not guilty to one count receiving or transferring stolen goods, a felony. The matter was set for pretrial March 8, 2013 and trial March 21, 2013. Martin Saffer was appointed counsel.
James M. Lester, 30, of Marlinton, pleaded not guilty to one count delivery of a schedule III controlled substance, a felony. The matter is set for pretrial March 8, 2013 and trial March 22, 2013. S. Breece is counsel.
Christopher A. Triplett, 29, of Marlinton, pleaded not guilty to one count sexual assault third degree, a felony. The matter is set for pretrial March 8, 2013 and trial March 22, 2013. Eugene Simmons is counsel.
Sara Lynette Bryan-Cantrell, 33, of Accoville, pleaded not guilty to one count transport any contraband onto the grounds of any jail, state correctional facility, juvenile facility or juvenile detention facility and one count attempt to deliver contraband onto the grounds of any jail, state correctional facility, juvenile facility or juvenile detention facility, both misdemeanors. The matter is set for pretrial February 7, 2013 and trial March 28, 2013. Martin Saffer was appointed counsel.
David Caplinger, 52, of Pipestem, pleaded not guilty to one count conspiracy, a felony. The matter was set for pretrial February 7, 2013 and trial March 28, 2013. Thomas White was retained as counsel.
Michael Cromer, 25, of Green Bank, pleaded not guilty to one count petit larceny, a misdemeanor; one count conspiring and one count fraudulent scheme, both felonies. The matter is set for pretrial February 7, 2013 and trial March 28, 2013. J.L. Clifton, II was appointed as counsel.
Bradley McDaniel, 34, of Marlinton, pleaded not guilty to one count conspiracy and one count fraudulent scheme, both felonies. The matter was set for pretrial February 7, 2013 and trial March 28, 2013. Michael Doss was appointed counsel.
Charlie M. Waugh, 30, of Marlinton, pleaded not guilty to one count delivery of a controlled substance, a felony. The matter was set for pretrial February 9, 2013 and trial March 29, 2013. S. Breece is counsel.
Brian Withers, 37, of Marlinton, pleaded not guilty to three counts delivery of a controlled substance, all felonies. The matter was set for pretrial February 7, 2013 and trial March 29, 2013. Martin Saffer was appointed as counsel.
Bryson A. Hill, 19, of Marlinton, pleaded not guilty to one count malicious assault, a felony. The matter was set for pretrial March 8, 2013 and trial March 19, 2013. P. Detch is counsel.
Randall Bennett, 55, of Marlinton, pleaded not guilty to one count receiving or transferring stolen goods, a felony. The matter was set for pretrial March 8, 2013 and trial March 19, 2013. J.L. Clifton, II is counsel.
George Fred Bartels, 70, of Green Bank, pleaded not guilty to one count conspiracy and one count fraudulent scheme, both felonies. The matter is set for pretrial February 7, 2013 and trial March 38, 2013. Frank Bush, Jr., was retained as counsel.
State vs. Selina Goode 27, of Marlinton. Defense counsel Eugene Simmons said Goode will enter a plea to the felony. If she enters drug court and completes, the charge will be reduced to a misdemeanor. If she fails she would be sentenced to the felony offense.
Rowe accepted the plea and Goode was released from custody.
State vs. James Richard, 36, of Marlinton. The matter is set for a bench trial on January 11, 2013. Richard may remain on bond on the condition that he does not consume alcohol.
State vs. Christina Dawn Teter, 25, of Marlinton. Special prosecutor Ryan Blake said Teter will plea to the felony charge and will enter a court treatment program. If Teter does not complete the program, the matter will be set for sentencing upon the entering of the plea.
Pomponio accepted the plea and said Teter is allowed to participate in the southeastern drug court program.
State vs. Wanda L. Harris, age unavailable, of Marlinton. Harris entered a guilty plea to the lesser offense of possession of a controlled substance, a felony. Pomponio accepted the oral and written plea agreement and dismissed the remaining counts of the indictment. Harris remains on bond.
State vs. Justin L. Faudree, age unavailable, of Lewisburg. Faudree entered a guilty plea to the lesser charge of attempting to receive stolen property. Pomponio accepted the plea and dismissed count two of the indictment. Faudree was sentenced to not less than one year nor more than three years in state penitentiary to run concurrently with the sentence he is serving now. Faudree is ordered to pay restitution in the amount of $2,104.95.
State vs. Harley F. Dickinson, 28, of Huntington. Pomponio accepted Dickinson’s plea to count four of the indictment. Counts one, two and three were dismissed. The matter is set for sentencing January 23, 2013.
Pocahontas County Solid Waste Authority vs. G. Alikakos, D. Bernier, J. Wolfe, C. Elza and J. Leyzorek. Requested continuance from Bernier was granted. Wolfe said he will pay $888.88 plus $150 per year and pre-and-post-judgement interest. Requested continuance from Elza was granted.
Pomponio denied four motions made by Leyzorek and set the matter for a motions hearing on January 23, 2013.
State vs. Phillip A. Moyers, 28, of Belington. Defense counsel M. Whitt was unaware Moyers was not lodged at Tygart Valley Regional Jail and has not talked to him. The matter is continued to January 23, 2013.
State. vs. Carla Johnson, 27, of Hillsboro. Pomponio granted motion for dismissal without prejudice. Bond was released.
State vs. Daniel Hernandez, age and town unavailabe. Hernandez pleaded to two misdemeanor offenses. Price agreed to dismiss count three in this matter. Pomponio accepted the written plea agreement and dismissed count three of the indictment. Hernandez was sentenced to six months in the regional jail and granted credit for time served.
