According to Circuit Clerk Connie Carr, the following cases were heard by Judge James J. Rowe on Thursday, December 21:
State vs. Vincent P. Gibson, 26, of Marlinton. Defendant pleaded not guilty to charges of one count breaking and entering, three counts of grand larceny and one count receiving stolen goods, all felonies. The matter is set for a pretrial March 8 and trial on March 21.
State vs. Teresa Teter, 46, of Marlinton. In a status conference, Teter admitted to bond violation. Prosecuting Attorney Donna Meadows-Price withdrew a motion to revoke bond due to the violation. Rowe reinstated Teter’s bond and ordered her to be released from jail.
State vs. Nakiyan Joshar Harper, 28, of Huntington. Defendant not present for arraignment.
Price informed Rowe that Harper is in a federal prison in Arizona. Rowe continued the matter.
State vs. Donald Ray Hoke, 53, of Marlinton. Price made a motion to revoke Hoke’s bond. State’s witness Chuck Alexander of Pocahontas County Home Confinement/Day Report Program indicated that Hoke failed several drug tests and two tests came back abnormal.
Hoke took the stand and said he has medical issues and is on several medications prescribed by his doctor in Virginia. Due to home confinement, he has been unable to visit his doctor to get paperwork to share with the court.
Rowe said there is probable cause in the case and related that Price will have the burden of proving preponderance of evidence at the next hearing. Defense asked for bond to be reinstated. Rowe denied bond. The matter is set for hearing January 11.
State vs. Bradley C. Totten, 40, of Hillsboro. Rowe closed the hearing to the public due to witness testimony.
Special Prosecutor Brian Parsons agreed to dismiss without prejudice two counts of the indictment concerning one woman. Defense asked for those charges to be dismissed with prejudice, meaning they could never be brought again. Rowe ordered the counts be dismissed without prejudice.
Rowe is considering a defense motion for a change of venue.
Parsons tendered a motion to provide a lengthy video of a witness to the court instead of watching that video in court. Defense attorney Michael Callaghan objected and said the witness was not on the list provided by Parsons. Rowe overruled defense’s objection.
Callaghan asked for general dismissal of Parsons’ motion concerning introduction of evidence under 404B. He added that the motion should be held in camera so Totten’s rights would not be violated. Callaghan went on to explain that the danger of unfair prejudice toward Totten was huge. Rowe ordered that it be done in chambers.
A motion by the defense to dismiss counts one through 16 concerning custodial issues was denied.
Parsons will respond to a motion by the defense concerning a bill of particulars, which is a detailed, written statement of claims or charges.