WOODSTOCK – A Shenandoah County Circuit Court judge rejected a motion to dismiss an indictment of the director of a local day care facility charging that she failed to report abuse at the center.

Judge William W. Sharp responded in writing to a motion Jamie Pence, the director of Pollywog Place, and her attorney submitted in January. In January, Sharp gave the commonwealth time to respond to the motion before he ruled on it.

William B. Allen III, Pence’s attorney, argued the indictment charging Pence with failing to report abuse did not rise to the level of a criminal charge because the abuse was not one of rape, sodomy or object penetration.

In response, Bryan Layton, assistant commonwealth’s attorney, wrote that the facts of the case comply with Virginia’s code so the indictment was proper but conceded the commonwealth did need to change the Virginia Crime Commission number on the indictment, a “purely administrative” move.

Sharp returned his decision to Allen and the commonwealth on March 2 but addressed the matter in court on Friday. Allen said he wanted his objection to the decision noted but no further action was taken.

Further proceedings in the case are set for May 15, though that is tentative because Sharp has not officially been appointed in the case.

Judge Kevin C. Black was set to hear the case but recused himself. All of Pence’s matters have fallen on days when Sharp has presided but no appointed judge is seeing the case.

Pence’s trial is set for July 6-8. Pence demanded a trial by jury.

Contact Max Thornberry at mthornberry@nvdaily.com