Randolph County Circuit Court Judge Jaymie Godwin Wilfong denied two requests to reconsider sentences Wednesday.
Attorney Dwight Hall filed both motions on behalf of his clients.
Wilfong denied the request to reconsider the 20-50 year sentence given to Joshua Jones. 20, of Montrose. Jones was sentenced on Nov. 14 after he pleaded guilty on Aug. 6 to two counts of felony second-degree sexual assault. Jones admitted he had forcible sexual intercourse with his underage female cousin.
"Mr. Jones is 20 years old at this time," Hall said. "The evaluation at the Anthony Center listed him for placement there."
Hall asked the court to consider placing Jones at the Anthony Center as opposed to the prison sentence.
"He would get out at the age of 40 with no education and no work history," Hall said. "You are looking at a young man with no chance. At least give him a chance at life."
Randolph County Prosecuting Attorney Michael Parker said the state "strongly opposed" a sentence reduction.
Wilfong denied Hall's request.
- Hall also asked the court to reconsider the sentence given to Patrick Herald Hedrick, 44. Hedrick was sentenced to two years consecutively on two misdemeanor counts of failure to update registry. Since he was sentenced, Hedrick was arrested for DUI while he was on probation.
"He lived with his 80-year-old grandma, who has been in a convalescent center since," Hall said. "If he were to get out he could take care of her."
Hall said Hedrick was harmless and if alcohol is a concern a new provision could order that he attend Alcoholics Anonymous and have random testing.
"Him sitting in jail is doing no one any good," Hall said.
Parker opposed the reconsideration and said that Hedrick does pose a danger to the public.
Wilfong denied Hall's motion.
- Hall also filed a motion to reduce the $75,000 cash only bond on behalf of Steven Smith, 30, of Elkins. Smith is charged with a felony count of burglary and a misdemeanour count of providing false information.
Smith is accused of breaking into an Elm Street residence with his wife, Corcia Smith, 33, of Elkins on Oct. 3. Hall said the Elkins Police Department located Corcia Smith in the basement of the home and gave officers a false name. He said after multiple interviews with the police, she eventually gave officers Steven Smith's name.
"She said Mr. Smith was with her," Hall said. "There is no other evidence."
Wilfong asked if Randolph County Magistrate Court found probable cause in the case.
"Yes, but I don't know on what," Hall said. "During the fourth interview she gave her real name and said he was with her. The charge is based on the word of a woman who gave false statements to the police."
Parker argued that the bond was set so high because Smith is new to the area and could be a flight risk. Parker added that information from Corcia Smith suggests there may also have been a firearm in Steven Smith's possession during the burglary.
"His wife said he busted out a window, climbed out and ran," Parker said. "There was a broken window at the scene."
Parker objected to the bond reduction. Wilfong did not lower the $75,000 cash bond, but did modify it to cash, surety or property.
- Wilfong also accepted a plea agreement for Brian Broseker. Broseker was facing four felony charges including three counts of attempted malicious wounding and one count of destruction of property. Broeseker appeared with attorney Raymond LaMora.
Broseker was not indicted on the charges, but agreed to enter an "information." Wilfong explained the move allowed Broseker to waive his right of being indicted by the grand jury. Part of the agreement includes Broseker paying full restoration for damage done to car.
"I was at the house with my girlfriend," he said. "Someone came to pick her up and I went outside to see who it was. He pulled a gun on me and I beat his car."
He is facing 1-10 years and a fine of $2,500. In the agreement it is recommended that he be sentenced to an alternative sentence. Wilfong ordered a pre-sentence investigation and set sentencing for Dec. 20 at 10:30 a.m.
- Benjamon Contrell appeared with attorney Andrea Roberts to set a date for his trail. Contrell is facing six counts of failure to register as a sex offender. Wilfong set a pre-trail conference for Jan. 30, jury selection for Feb. 5 and the trial for Feb. 6.