According to Circuit Clerk Connie Carr, the following cases were heard by Judge J.C. Pomponio, Jr., on Thursday, February 7, and Judge James J. Rowe on Friday, February 8:
State vs. Sara Lynette Bryan-Cantrell, 33, of Accoville. Defense counsel Martin Saffer indicated that Count I – Transport any Contraband onto the Grounds of any Jail, State Correctional Facility, Juvenile Facility or Juvenile Detention Facility – has the wrong code cited on the indictment.
Saffer added that Count II – Attempt to Deliver Contraband onto the Grounds of any Jail, State Correctional Facility, Juvenile Facility, or Juvenile Detention Facility – does not inform the defendant of her crime. He argued that it charges Bryan-Cantrell with delivering contraband and does not have the essential elements of the crime.
Assistant Prosecutor Bob Martin indicated that at the time of the indictment, the prosecution knew it was not a controlled substance.
Saffer asked for a dismissal of the indictment. Martin said contraband is believed to be used as a generic term in the indictment and could imply clothes, food, etc. Pomponio denied the motion to dismiss. The code section of the indictment will be corrected. The matter remains on the trial docket.
State vs. Elmer L. Tincher, III, 31, of Marlinton. Defense counsel D. Arbuckle said Tincher has been doing well in the Day Report Program and asked that he continues the program. Prosecutor Eugene Simmons did not oppose alternative sentencing.
Based on recommendations, Pomponio sentenced Tincher to not less than one year nor more than 10 years in the state penitentiary. Tincher is allowed to discharge sentence on the Home Incarceration Program along with the Day Report Program. He is allowed one week to sign up for the Home Incarceration with credit for time served. Tincher has paid restitution in the amount of $257.50.
State vs. Charlie M. Waugh, 30, of Marlinton. Public Defender Susan Breece explained that Prosecutor Simmons provided legal services to Waugh prior to being elected prosecutor. She asked that he be disqualified as prosecutor in the matter. Pomponio will ask for a special prosecutor to be appointed, and the matter will remain on the trial docket. Pomponio may ask for a continuance if a prosecutor cannot be appointed in time for trial.
State vs. Ashley Wooddell, 25, of Circleville. Pomponio granted a dismissal of Count II of the indictment – Petit Larceny – due to wording stating “felony offense of Petit Larceny. This is a misdemeanor offense. Defense counsel Arbuckle made a motion to continue the pretrial and trial dates. Wooddell waived her right to a speedy trial. Pomponio accepted the waiver and granted a continuance.
State vs. Brian Withers, 37, of Marlinton. Pomponio granted defense counsel Saffer’s request to appoint a special prosecutor, because Prosecutor Simmons previously represented Withers. Saffer requested a continuance in the matter. Withers waived his right to a speedy trial. Pomponio accepted Withers’ waiver and granted a continuance.
State vs. Bryson Hill, 20, of Marlinton. Prosecutor Simmons has provided “open book discovery.” Defense counsel Breece indicated that the indictment is fatally flawed and asked for a dismissal. Simmons replied that Pomonio has already amended the indictment to add a period after “West Virginia.” Pomponio will rule on the issues and motions of the public defender on a later date.
State vs. Aaron Helman, 30, of Shippensburg, Pennsylvania. Defense counsel Breece requested a dismissal of the indictment as earlier issues with other defendants have arisen. Breece requested time to file motions. Pomponio granted the motion.
Pocahontas County Solid Waste Authority vs. George Alikakos, et al. After Pomponio considered all motions presented by pro se litigants John Leyzorek, Jerome Heinemann for Kurt Heinemann, Doug Bernier and Charlotte Elza, a summary judgement was granted in favor of the plaintiff and against John Leyzorek in the amount of $880.88; against Kurt Heinemann in the amount of $880.88; against Charlotte Elza in the amount of $880.88; and against Doug Bernier in the amount of $62.65.
State vs. Rocky D. Nichols, 34, of Marlinton. Prosecutor Simmons said Nichols self-reported to the Commonwealth of Virginia on February 4 and is currently on bond there. Simmons asked for a dismissal of the matter. Judge Rowe dismissed the matter and returned bond with the exception of $25 owed to circuit court for bond issuance fee.
State vs. Clarence P. Louk, 47, of Dailey. Louk was sentenced in magistrate court in 2009 and placed on alternative sentencing but failed to comply. Bond was revoked August 20, 2012. No hearing was held on the revocation. Prosecutor Simmons asked for dismissal of the matter with credit for time served based on a one year sentence. Rowe granted the motion, and Louk was released.