By Heather Clower
The Parsons Advocate
The Honorable Judge James Courrier presided over the Tucker County Circuit Court hearings in a continued effort to gain ground on time lost due to the Caronavirus pandemic. First on the docket was Kandice Sponaugle on three counts of delivery of a controlled substance. This served as a status hearing and is set to return on September 9 at 3:30 p.m. with her defense attorney, Morris Davis. Sponaugle is in custody of the Department of Corrections on charges obtained in Randolph County.
Spitznogle and Waybright, both incarcerated on felony charges, appeared in Tucker County Circuit Court with Judge James Courrier presiding.
Dillon Waybright appeared on over 100 counts of child abuse resulting in injury. His defense attorney, Morris Davis, made a motion for a mental evaluation to be conducted on Waybright. Prosecuting Attorney Ray LaMora did not object to the motion, though recommend Dr. Saar to be the conducting physician. The defense argued and suggested the use of Dr. Rush, which the Judge granted.
Another motion was made to modify the bond originally set for Waybright, though LaMora objected to any modifications be made at this time. Judge Courrier denied the motion and stated the bond will remain as is and it can be revisited once the mental evaluation results are received. If the bond is modified at that time, GPS electronic monitoring will be required. Currently, Waybright is in the custody of the Tygarts Valley Regional Jail.
Mario Orellana, charged with two counts of conspiracy, was set to go on trial before a jury later this month, however plead guilty to aiding and abetting as part of an agreement offered by Assistant Prosecuting Attorney Frank Bush. At a request from Defense Attorney Mark Gados, Judge Courrier decided to hold his plea in abeyance under a deferred adjudication for a period of time to determine if Orellana will do well on probation. If probation requirements are met, Orellana can potentially avoid a formal conviction on his record and have his case dismissed.
The final criminal case hearing of the day was that of Darrel Spitznogle, charged with one count of sexual assault in the first degree and six counts of sexual abuse in the first degree. The defense attorney representing Spitznogle, Morris Davis, plans to file motions in his clients favor, which Judge Courrier has scheduled for August 7. Spitznogle is also incarcerated at the TVRJ.
This concluded the criminal cases heard by Judge Courrier for the day. He is set to return to the bench on Friday, August 7. The Honorable Judge Lynn Nelson will be overseeing abuse and neglect cases on Tuesday, July 21.