Numerous court orders were recently completed by Judge Michael W. Asbury, Jr. in the Braxton County Circuit Court. Dwayne Vandevender, Braxton County Prosecuting Attorney, represented the state in the proceedings.
On February 9, Ayla R. Simons appeared in court with her attorney Timothy Rosinsky for a sentencing hearing. The defense requested Judge Asbury impose an alternative sentence with no objection from the state. The state recommended Simons be placed on seven years of probation with substance abuse treatment. The defendant was sentenced to one to fifteen years for the felony offense of possession of meth with intent to deliver, but the court granted the request and suspended the sentence in lieu of seven years of probation.
Kristian Ray Harrell came before Judge Asbury with attorney Rosinsky for a plea hearing. A plea agreement had been reached. The defendant pled guilty to burglary and the state agreed to dismiss the grand larceny charge and stand silent at sentencing. The sentencing hearing has been set for April 8.
Dusten Brice Stewart and attorney David Karickhoff appeared before the judge for a plea hearing. The defendant entered a guilty plea to burglary as part of a plea agreement. The state agreed to dismiss the other charges in the indictment and recommend an alternative sentence of home confinement to be served consecutively with his current sentence at the sentencing hearing set for April 8.
On January 26, Harry Jacob Hinkel, IV came before the court for a plea hearing. He was represented by attorney Andrew Katz. Braxton County Assistant Prosecuting Attorney William A. McCourt, Jr. represented the state during the hearing. Hinkel entered a guilty plea to the felony offense of failure to register or provide notice of registration changes. The state, as part of the plea agreement, agreed to dismiss remaining charges and remain silent at sentencing. His sentencing hearing was set for March 11.
On January 17, Christopher Hoffman appeared in court with his attorney Daniel Armstrong for a plea hearing. As part of the plea agreement, the defendant entered a guilty plea to shoplifting, third or subsequent offense. The state will recommend he be sentenced to one to ten years in prison and for the sentence to be served consecutively to the one he is currently serving. The defense then requested to proceed with sentencing. Judge Asbury sentenced Hoffman to one to ten years and for it run consecutively.
On January 11, Joshua Lynn Fletcher and attorney Jonathan Fittro came to court for a sentencing hearing. The state was represented by Assistant PA McCourt. The defense requested some type of alternative sentence and the state agreed. Judge Asbury noted that the defendant had multiple probation violations and denied the request. On the felony charge of aiding escape and other offenses relating to adults in custody or confinement, Fletcher was sentenced to one to five years in prison.
On December 11, Bryonna Lee Schartiger came before the judge with attorney Adrew Katz for a sentencing hearing. The defense addressed the court on sentencing with the state staying silent as per the plea agreement. The court noted she had a serious substance abuse issue and had been addressing those issues while in custody for other, unrelated charges. Schartiger was sentenced to one year in the regional jail on the felony offense of aiding escape and other offenses relating to adults in custody or confinement. The sentence is to be served concurrently with the sentence she is currently serving.
On October 10, Dustan Brian Richardson and his attorney David Karickhoff appeared before Judge Asbury for a sentencing hearing. An alternative sentence was requested by the defense. Due to Richardson’s lengthy and extensive criminal history, Judge Asbury sentenced him to one to five years in prison on the felony charge of fleeing in a vehicle with reckless indifference.
