According to Circuit Clerk Connie Carr, the following cases were heard by Judge J.C. Pomponio, Jr. on Wednesday, January 23, and Judge James J. Rowe on Friday, January 25:
State vs. John Mullenax, 37, of Dunmore. Mullenax pleaded not guilty to a 14 count indictment of 12 counts grand larceny; one count conspiring and one count fraudulent scheme; all felonies. The matter is set for a pretrial conference March 27 at 10:45 a.m. and trial March 28 at 9 a.m. Bond was set at $10,000.
State vs. Cyrus Bennett, 22, of Marlinton. Bennett pleaded not guilty to one count of grand larceny and one count receiving or transferring stolen goods, both felonies. The matter is set for pretrial conference February 7 at 11:15 a.m. and trial March 29 at 9 a.m.
State vs. Harley F. Dickinson, 28, of Huntington. According to a written plea agreement, all four counts of the indictment – possession of a Schedule III substance; possession of a Schedule I substance; manufacturer-possession with intent to manufacture a controlled substance; and possession of a firearm while being a prohibited person – were dismissed and Dickinson would plea to the lesser offense of prohibited person with a firearm.
Judge Pomponio granted the plea as a Kennedy Plea, a plea where the defendant does not admit to the act and asserts innocence, but pleads guilty. Under the Kennedy Plea, the defendant admits that sufficient evidence exists with which the prosecution could convince a judge or jury to find the defendant guilty beyond a reasonable doubt.
Dickinson was sentenced to one year in the regional jail with credit for time served and assessed a $500 find. The sentence is to run concurrent with a Wayne County sentencing.
State vs. Phillip A. Moyers, 28, of Durbin. Prosecuting Attorney Eugene Simmons made a motion to revoke Moyers’ bond. Defense counsel M. Whitt did not oppose the motion. Pomponio revoked bail.
State vs. Michael Wolfe, 41, of Cass. Wolfe pleaded not guilty to one count petit larceny, a misdemeanor; one count conspiracy and one count fraudulent scheme, felonies. The matter is set for pretrial conference February 7 at 10:30 a.m. and trial March 28 at 9 a.m. Bond was set at $5,000.
State vs. Travis Loudermilk, 36, of Hillsboro. After testimony of sworn witnesses, Judge Rowe disqualified Simmons as prosecutor in this matter and appointed Assistant Prosecutor Robert Martin. The matter is set for trail March 21 with a back-up trial date of March 28.
State vs. Rocky D. Nichols, 34, of Marlinton. Rowe accepted Nichols’ waiver of evidentiary hearing. Bond was set in the amount $2,000 with 10 percent cash or surety. If bond is posted, Nichols may self-report to King George County Authorities in Virginia. If bond is not posted, the authorities from Virginia shall pick up Nichols in 10 days. The matter is set for a status conference February 8 at 9 a.m.
State vs. Travis Rider, 26, of Marlinton. Simmons said Rider has completed the court drug program and asked for dismissal. Rowe granted the dismissal of charges.