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BUCKHANNON -- A man who shot at his stepfather in a vehicle and took his 8-month-old grandchild, leading to a multi-county Christmas Day chase in 2019 offered a plea that was not immediately accepted by 26th Judicial Circuit Judge Kurt Hall Tuesday.
Craig A. Stimson, 41, of Buckhannon, was indicted in June for kidnapping, use or presentment of a firearm during a felony, prohibited person in possession of a concealed firearm, prohibited person in possession of a firearm, fleeing with reckless indifference, and wanton endangerment involving a firearm, all felonies; and a misdemeanor count of brandishing a deadly weapon.
On Tuesday in Upshur County Circuit Court, Stimson's attorney Steve Nanners told Hall that Stimson would plead guilty to prohibited person in possession of a concealed firearm, a felony.
After Stimson was charged from the Christmas Day incident, a criminal competency evaluation was performed that ended up split in that Stimson was not criminally responsible for kidnapping or the other charges, but was for the firearms charge, according to Nanners.
Under the plea agreement, Stimson would plead guilty to the felony and could receive a determinate sentence of up to 10 years and/or up to a $10,000 fine.
Stimson, who appeared via video from Tygart Valley Regional Jail, told Hall he possessed a firearm he wasn't allowed to possess and that it was concealed in his vehicle.
He also told the court he had severe Post-Traumatic Stress Disorder, major depression and a traumatic brain injury from his military service.
The ultimate goal is for Stimson to get into a treatment program, according to Nanners.
"He has had some treatment in-patient through the VA," Nanners said. "If he is able to get into an in-patient VA bed, the state will not object to that."
If Stimson is not able to get int to a VA placement prior to sentencing, the state will recommend that Stimson complete a 60-day diagnostic evaluation with the West Virginia Department of Corrections and return for sentencing, according to Nanners.
At sentencing, state will not object to alternative sentencing.
The defense attorney said he had heard from a VA staff person that there was some problem with getting placement.
"Because of COVID, they are having issues with getting inpatient programs up and running at this time," Nanners said. "They are still working on it. I will relay to the state once we know more."
Hall did not accept the guilty plea but said he would take it under advisement.
"I want to see the presentence report," he said.
Not accepting the plea does not prevent Stimson from going to the VA for treatment or entering the 60-day diagnostic evaluation through the WVDOC.
"I have to tread carefully," Hall said. "He is charged with kidnapping. These are some serious charges. Part of this is because of your PTSD. I want to be careful for the community and I want to be careful for you as well.
"Mr. Nanners tells me your family wants you to get help. It would be helpful if they came to the court and expressed that in person," Hall said.
Nanners said he had spoken with Stimson's family, but no one appeared in court Tuesday or responded to letters from the victim advocate in Upshur County Prosecuting Attorney Brian Hinkle's office.
Hall set the next hearing date for Oct. 16.
Stimson has been held without bail due to the kidnapping charge since his arrest. There is also a probation violation filed in Randolph County.
In the 2017 Randolph County case, Stimson was sentenced to one to five years in the state penitentiary on one felony count of unlawful wounding and one year in jail on one misdemeanor count of domestic battery. The sentences were to run consecutively with one another but were suspended and Stimson was placed on five years of supervised probation.
He was also ordered to successfully complete the treatment he was receiving at the VA Hospital in Clarksburg as well as enroll in PTSD in-patient long-term treatment.