Area Residents Have Day in Circuit Court

Several Braxton County Circuit Court hearings have recently been completed by the Honorable Judge Richard A. Facemire. Jasmine R.H. Morton, Braxton County Prosecuting Attorney, represented the state during the court proceedings. Jacob Foster and Matt Haley from the Braxton County Probation Office were also present for several of the hearings.
On February 24, arraignment hearings were held for Chester C. Marsh and Ernest Samuel Weaver, III.
Marsh failed to appear but his attorney Kevin Hughart was present and a warrant for his immediate arrest was issued. Later in the afternoon Marsh appeared in court. He then proceeded to enter a not guilty plea to the two felony counts of possession of a controlled substance with intent to deliver for methamphetamine and fentanyl and the one felony count of conspiracy.
Weaver appeared before Judge Facemire with his attorney Jonathan Fittro. He entered a not guilty plea to the felony charge of possession of methamphetamine with intent to deliver.
Jury trials for both Marsh and Weaver were set for May 11.
Justin Matthew Hannah and attorney Andrew Katz came to court for a sentencing hearing. The defense requested his client’s sentence run concurrent with the one he is currently serving if an alternative sentence was not granted by the court. The state stood silent per the plea agreement. On the felony offense of burglary, Hannah was sentenced to one to fifteen years. The court ordered the sentence run concurrent to his current sentence.
Coty Wayne Bird appeared in court for his sentencing hearing. He was represented by Andrew Katz. A motion was made requesting an alternative sentence by the defense with the state staying silent per the plea agreement. Judge Facemire denied the motion and sentenced Bird to one to five years on the felony charge of conspiracy. It was also ordered that sentence run consecutively to the one the defendant is currently serving.
Joshua Lynn Fletcher and his attorney Jonathan Fittro came before Judge Facemire for a plea hearing. The defendant entered a guilty plea to the felony offense of aiding escape and other offenses relating to adults in custody or confinement. The state agreed to recommend the sentence generation—except the microphone at the Braxton County Armory. “I’ll still announce Braxton sports,” he said,” as long as I’m physically able.” That should please local sports fans.
run concurrent to any sentence he is currently serving and to dismiss other charges pending. After accepting the plea agreement, the court set the sentencing hearing for May 9.
On February 14, Tammy Jean Haggerty and attorney Andrew Katz appeared in court for a hearing on revocation of home confinement. The defendant admitted to allegations contained in the petition for revocation. The defense requested she be permitted to attend a 28 day treatment program to address her drug issues. The state argued she should be sentenced to prison as she cannot comply with the conditions of an alternative sentence. Judge Facemire denied the motion and sentence Haggerty to one to three years in prison on the felony charge of driving while license revoked for DUI, 3rd or subsequent offense.
Kevin D. Detamore came before the court with his attorney Andrew Shaffer for a motion to reconsider sentence. The defendant had successfully completed the rehabilitation program at LifeHouse and therefore asked to be granted probation as he is trying to turn his life around. The state commended Detamore for completing the program and noted he would be a good candidate for alternative sentencing. He was sentenced to one to five years for the felony offense of possession of methamphetamine with intent to deliver. However, the court granted the motion and suspended the sentence. The defendant was admitted to five years of probation.
On October 6, Jacob Ryan O’Dell appeared before Judge Facemire with his attorney Kevin Hughart for a sentencing hearing on the felony charge of cultivation of a controlled substance-psilocybin. The defense requested an alternative sentence because of his limited criminal history and employment. He told the court he regrets the pain he has caused his children and does not want to repeat this kind of behavior. The state stood silent per the plea agreement. The court agreed he was a good candidate for alternative sentencing and suspended the one to five years sentence. O’Dell is to be admitted to six years of probation.