Judge Anita Ashely convened Circuit Court on Thursday, December 4th, 2025 in the matter of State of WV vs. Michael Perry Richards, Case 25-F-8 and 25-M-2. Mr. Richards did not appear for court and a capias was issued for his arrest.
For nearly one year, Noah Richard Tribioli has been setting in the West Virginia Central Regional Jail awaiting trial for the murder of his Mother and her friend, as well as the shooting of his father and friend, last December, 2024. Appearing before Judge Ashley for arraignment following his grand jury indictments on the charges of two counts of Murder, two counts of attempted murder, two counts of Malicious Assault and four counts of Use or presentation of a firearm during the Commission of a felony, Mr. Tribioli appeared with court appointed counsel Kevin Postalwait and Hunter Burdette of the Public Defenders Corporation.
When the judge requested Prosecutor Michael Hicks to respond to a motion made by the defense for a reduction of bond, PA Hicks said it was best that the defense argued their reason for reduction before he spoke. The motion was filed in November 2025, following the cancellation of the September Grand Jury where Mr. Tribioli’s case was set for presentation. Prosecuting Attorney Hicks failed to respond to the motion in the required eleven days, violating the defendant’s rights. Another violation of Mr. Tribioli’s rights was the State’s failure to indict and provide due process with the defendant being incarcerated for two terms of court. Mr. Tribioli’s indictment came following a special grand jury who deliberated his ten count indictment as well as two other defendants. The Public Defender’s corporation argued that that State failed to give due process and the defendant should be released
Prosecuting Attorney Hicks responded that the point was “moot” because the defendant ended up being indicted, although it was delayed. Regarding the failure to respond Hicks stated that he had conversations with the defense discussing the matter, even though no written response was made. Also argued was the reasoning behind the indictment continuation which was because of the death of Justice Armestead and order for no trials on the original September Grand Jury dates, and that Mr. Hicks wife had been hospitalized with pregnancy complications requiring his absence.
The Defense responded that “The state has illuded multiple times about emotions causing the delay, tragedies happen and we are not heartless, but with that said, any circumstances are not the defendants fault either.”
Because the charge is a capitol offense, Hicks argued that the defendant was not even entitled to bail.
The Public Defenders continued their argument stating that the “Prosecutor’s hastiness of scheduling a special grand jury was because of their motion made to have the defendant released.
Prosecuting Hicks took objection to that statement, saying that once his wife was no longer in danger the Grand Jury was rescheduled.
The prosecutors wife was hospitalized due to pregnancy complications, once this was taken care of the grand jury was rescheduled
The defense retorted that “there had bee two terms without indictment. According to state law, he is entitled to be released. Just because there can be no bond as a possibility with this charge, does not stop the accountability for holding a defendant without holding a grand jury within the time allotted. There should have been and could have been time for his indictment. They had the opportunity from January of 2025 and they failed to do it,” the defense argued. The defense believed it was wholly improper to not respond to the defense motion.
Hicks again said it was a moot point because he ended up being indicted.
Judge Ashley told the State and defense that the arguments were “interesting” but she adopts the state’s opinion and believes that it was cured by the indictment. “Mr. Tribioli is not entitled to bond at all,” she said. Arraignment for Tribiolli is set for January 7th, 2026 at 9:30 a.m.
In case 25-F-26, State vs. Daniel Mark Johnson, he appeared for arraignment with his attorney Hunter Burdette of the Public Defender’s Corporation. Mr. Johnson was indicted on Felony charges of Entry of a building, Grand larceny and Destruction of property. He is currently serving a DOC sentence and is incarcerated. He will appear for arraignment onJanuary 7 at 9:15
Kia Shavonne Mason, Case Number 22-F-20 appeared for Sentencing. Having entered a plea deal, Ms. Mason received the same sentence as her son, Christopher Daniel Mason having been charged with acquiring or obtaining possession of a controlled substance, to-wit: phenergan (promethazine) with codeine, by misrepresentation, fraud, forgery, theft, deception, or subterfuge but failed to commit or was prevented from committing the felony offense in violation of W. Va. Code §61-11-8(2), a felony, against the peace and dignity of the State of West Virginia. Ms. Mason was sentenced to 12 months of incarceration in the Central Regional Jail with a credit of 136 days.
