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Probable cause found in hearing

Martinez

ELKINS — Probable cause was found in the case of a Randolph County man accused of distributing and exhibiting material depicting minors engaged in sexually explicit conduct, as he faces another felony charge for allegedly soliciting a minor.

Nelson Geovanne Martinez, 43, is charged with one count of distribution and exhibition of material depicting minors engaged in sexually explicit conduct, a felony. He is currently being held at the Tygart Valley Regional Jail on a $60,000 cash-only bond.

Martinez appeared in Randolph County Magistrate Court for a preliminary hearing. He was represented by attorney James Hawkins Jr. and the state was represented by Assistant Randolph County Prosecutor Leckta Poling. Randolph County Magistrate Tracy Harper presided over the hearing.

At the hearing’s start, Hawkins asked the court to modify Martinez’s bond from $60,000 cash-only to a $5,000 10% surety bond. Hawkins argued that the current bond is “grossly excessive,” stating that Martinez has no prior criminal history.

In response, Poling argued that the amount of bond was reasonably set given the circumstances around the crime and the risk Martinez presents to the community at large. Poling did contend, however, that she would leave it up to the court if the form of bond should be changed from cash-only.

After probable cause was found, Harper denied Hawkins’ request to modify the bond. The case will now be brought before the Randolph County Grand Jury for consideration.

During the hearing, Poling called Sergeant K. Shifflet with the Elkins City Police Department to testify before the court. Shifflet was the arresting officer in the case. No other witnesses were called to testify.

Shifflet testified that he was made aware of the allegations against Martinez after receiving a walk-in complaint from two individuals connected to the alleged victim, who is a minor. Shifflet was shown screenshots of Snapchat and text conversations that were reportedly between the alleged victim and Martinez.

Shifflet also testified that Martinez was reportedly identified through selfies that were sent among the messages. Also among the messages there was reportedly an explicit photo of the alleged victim.

According to Magistrate Court records, also on Jan. 13, Martinez was charged with one count of soliciting a minor via computer, a felony. Martinez faces an additional $50,000 cash-only bond with this new charge.

Starting at $3.92/week.

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