According to Circuit Clerk Connie Carr, the following cases were heard by Judge J.C. Pomponio, Jr. on Wednesday, January 9, and Judge James J. Rowe on Friday, January 11:
State vs. Aaron Helman, 30, of Shippensburg, Pennsylvania. Helman pleaded not guilty to a one count indictment of conspiracy to commit a felony. The matter is set for a pretrial conference February 7 at 11:45 a.m. and trial on March 29 at 9 a.m. Bond was set at $1,500 – cash or surety. Helman is permitted to travel out of the state.
State vs. Jeremy Fitzgerald, 27, of Green Bank. Fitzgerald has successfully completed court-ordered treatment program. An agreement was in place wherein Fitzgerald would be placed on probation if he completed the program. Rowe granted Fitzgerald one-year probation and ordered that he pay a monthly supervision fee.
State vs. Charles E. Ellison, 35, of Slaty Fork. Defense counsel R. Keesee asked the court for direction as to the charges and for an amended order with correct case numbers. The matter of two counts burglary and two counts grand larceny is set for trial January 29.
State vs. Donald Ray Hoke, 53, of Marlinton. After testimony from state’s witness Chuck Alexander, Supervisor of the Pocahontas Day Report Program, defense counsel E.L. Morgan, Jr., argued that Alexander was not an expert witness for the laboratory reports received by the court.
Rowe found that Hoke did violate the terms and conditions of his probation. Morgan asked that Hoke be returned to home confinement. Rowe indicated that this is the third time Hoke has been revoked. Rowe reinstated Hoke’s original sentence of one year in the regional jail with credit for 51 days served.
State vs. Danielle Smith, 23, of Marlinton. Smith was wanted on a warrant from the Commonwealth of Virginia. Smith waived her right to an evidentiary hearing and will return to Virginia. Defense counsel asked that Smith remain on her present bond. Rowe allowed Smith to remain on her present bond and gave authorities from Waynesboro 10 days to receive her. The matter is set for a status conference January 25 at 9 a.m.
State vs. Travis Brown, 30, of Arbovale. Prosecuting Attorney Eugene Simmons objected to the motion to waive home confinement fees. Defense counsel S. Breece indicated that the defense has financial disclosure relating to Brown’s income and bills. Rowe said the information had not been filed. Rowe denied the defense’s motion but will allow a sliding fee scale and asked that financial disclosure be provided. Simmons will prepare the order.
State vs. James A. Richard, 36, of Marlinton. A plea agreement was reached in November but was never entered into. Richard asked to proceed with a plea of brandishing and assault – misdemeanor offenses. Rowe accepted the plea agreement and adjudges Richard guilty of one count of brandishing and one count of assault, with the one count of assault withdrawn.
Richard was sentenced to 90 days as to each count to run concurrently. He has discharged from one 90 day sentence. Rowe placed Richard on probation for one year with costs assessed.