Following a full morning of juvenile cases and one civil dispute, Judge Anita Harold Ashley arraigned four of the recently indicted defendants.
Timothy Lee Tallhammer, charged with DUI 3rd offense was the first to appear (via telecom) with his Attorney Daniel Minardi and Prosecuting Attorney Nigel Jeffries. He entered a plea of not guilty and a trial date has been set for May 16th, 2023 at 9 a.m. and a Pretrial date of April 13, 2023 at 10 a.m. Prosecutor Jeffries stated that that body camera footage and certified copies of his prior arrest would be provided during discovery to the defense. He also stated that there was currently an offer presented tao the defendant’s council with regard to a plea. Tallhammer is being held in the WV Central Regional Jail on $15,000 bond for Calhoun, and in violation of parole in Roane County.
Jason Bradley Smith, charged with Burglary appeared (via telecom) with Attorney Daniel Minardi and Prosecuting Attorney Nigel Jeffries. He entered a plea of not guilty and had a trial date set for March 7th, 2023 at 9 a.m. Attorney Minardi argued on his behalf for a change or reduction in bond, requesting first to have the defendant placed on a personal recognizance bond with home confinement. Judge Ashley asked Prosecutor Jeffries if there would be any issue with the request to which he responded that there would be. Because of the seriousness of the charge against Smith and because the defendant has a known drug problem he did not believe it was appropriate. Judge Ashley immediately denied the request with bond staying at $45,000. Upon being told he was denied Smith commented something to the effect that he would “Just stay in prison and die.” Judge Ashley asked him to repeat what he said and why for which he responded that he had been assaulted twice while at the West Virginia Central Regional jail, being hit in the head both times, which is “why he gets a disability check.” Judge Ashley made no change in the bond denial.
Candice Marie Cash appeared in person with Attorney Betty Gregory to be arraigned on the charge of Second Offense of Unlawful Taking of Vehicle. The defendant informed the judge that she was confused about what was going on with regard to her court case. Both Attorney Gregory and Prosecuting Attorney Nigel Jeffries confirmed that the defendant did seem to have issues with not understanding the proceedings of court. A recommendation was made and accepted by Judge Ashley that the defendant be taken to Sharps Hospital for a competency evaluation and the case was continued in general. Cash is currently on bond in the amount of $52,500
David Jason McCumbers, charged with Possession with the Intent to Deliver Methamphetamine, Possession with the Intent to Deliver Marijauana appeared with his Attorney, Daniel Minardi and Prosecuting Attorney Nigel Jeffries. After entering a plea of not guilty his case was continued by his Attorney’s request to the next term of court. A defendant has a right to have his case heard in the current term of court but that right can and was waived. His trial will be June 6, 2023 at 9 a.m. with a Pretrial date of April 13th, 2023 at 10:30 a.m.
Calhoun Circuit Court continues today with both Criminal and Juvenile Cases filling the day of Judge Ashley. Today’s criminal docket includes:
- 22-F-38 State v. William Greathouse, Sentencing Hearing
- 22-F-23 State v. Dylan Paul Little, Trial Continued
- 22-F-24 State v. David Paul Little, Trial Continued
- 22-F-34 State v. April Dawn Carpenter, Pretrial Heating
- 22-F-22 State v. Amanda Louise Testerman, Sentencing Hearing
