Bryant

ELKINS — A Harman man was given the maximum sentence for voluntary manslaughter in Randolph County Circuit Court this week in the 2023 shooting of an Elkins man.

Dallas Ray Bryant, 71, was sentenced by Randolph County Circuit Court Judge David Wilmoth to 15 years in prison for his part in the 2023 death of Preston L. “Patch” Higgins, 66, of Ward Road.

Bryant must also repay the state, which gave restitution on Bryant’s behalf to Higgins’ family for funeral expenses, and he is not permitted to have any direct or indirect contact with Higgins’ family.

Bryant had initially been indicted in June 2024 on one felony count of murder; one felony count of use or presentation of a firearm during commission of a felony; and two misdemeanor counts of false information.

However, in a plea deal that was finalized in January, the charges were reduced to voluntary manslaughter.

Bryant was represented by attorneys Les Mallow and Steven Nanners. Mallow addressed the court before sentencing, asking Wilmoth for the mandatory minimum sentence of three years for Bryant. He also asked that, if the court were to impose any additional years, Bryant be allowed to serve that time in home confinement or through alternative sentencing.

Mallow cited five mitigating factors in favor of the minimum sentence: There was no premeditation in Higgins’ death; Bryant has “severe health issues” that could get worse with a long prison sentence; Bryant has had a strong employment history that “contributed to the economic gain;” Bryant had a very small criminal history prior to this; and Bryant has “expressed genuine remorse.”

Bryant chose to address the court, explaining his health conditions to Wilmoth, including degenerative spine disease, pinched nerves in his neck and an injury he sustained when he was younger. Bryant also said he was “very upset about what happened.”

“I don’t know what I could do to make it up to (Higgins’) family, except tell them God bless them and God bless him,” Bryant said. “I wish to be forgiven for my sins. I got to answer to God… whatever they decide, I trust the court.”

Bryant implied he had something to say that he knew the court “didn’t want to hear.” After being prompted by Wilmoth to continue, Bryant claimed, as he did during his January plea hearing, that Higgins had pulled a gun on him and would not let him leave, and, during an altercation, Bryant’s own gun went off and killed Higgins.

“I accept responsibility because if I hadn’t been there and I wouldn’t have had the gun, maybe he would be here answering questions instead of me,” Bryant said. “I just wish to be forgiven… I’m sorry, God bless, I’m sorry.”

In a tearful victim impact statement, Macy Wiseman, one of Higgins’ daughters, stood with her sister, Emily Shobe, as she asked the court to give Bryant the maximum sentence.

“He shot my father in the back and he left him there,” Wiseman said. “For days. He was there for days and it was cold. It was November. He froze, he thawed, he froze, he thawed. I buried a man I didn’t recognize anymore and I have to live with that image. For the rest of my life I never get my father back… maybe God will forgive (Bryant), but I never will.”

Assistant Randolph County Prosecutor Richard Shryock disagreed with Mallow that Bryant had shown any remorse for Higgins’ death, saying he didn’t think Bryant had accepted responsibility for anything. Shryock also asked that Bryant be given the maximum sentence.

“This case is about the death of Preston Higgins, it’s not about (Bryant’s) laundry list of health complaints and the fact that he wants to see a neurologist,” Shryock told the court. “He essentially continues to claim his innocence in this case. That’s not accepting responsibility for taking the life of Preston Higgins, your honor.”

Wilmoth said he agreed that Bryant was not taking responsibility for his actions.

“I recall that, when Mr. Higgins was shot, as his daughter pointed out, he laid in the driveway and was found two or three days later,” Wilmoth said. “The firearm that was used, as I recall, was tossed along the side of the road… thrown over the hill. Those things, in leaving Mr. Higgins and throwing the gun over the hill 30 miles away, frankly doesn’t sound like self-defense. Sounds to me like ‘I’ve done something wrong and I don’t want to get caught.'”

During the January plea hearing, when asked by Wilmoth what he did that made him guilty of voluntary manslaughter, Bryant stated that Higgins had “beat him pretty bad” and pulled a gun on him. After a struggle, Bryant claimed he was holding Higgins by the arm and put his own gun in Higgins’ back, telling Higgins to drop his gun or he’d shoot. Bryant then claimed that Higgins reached over his right shoulder and aimed at him, and when Bryant moved to the left, Higgins reached for his arm and that is when Bryant’s gun went off, shooting Higgins.

“So the gun was in my hand, it was my gun and it went off,” Bryant told the court. “I was scared for my life. I was panicked and I didn’t know what to do.”

Wilmoth asked Bryant if he realized that what he just described could have been a case for self-defense. Bryant said he hoped that was what he would get, but he was “advised it might go the other way.”

When asked again by Wilmoth if he wanted to enter into the plea deal, Bryant said yes.

“I have been in jail a long time, for over a year, and I got a bad heart now and I’ve had seizures,” Bryant said. “It’s not good. I’m 71 years old and I don’t see living like this long… much longer.”

Randolph County Prosecuting Attorney Michael Parker, during the January plea deal, told the court that, during a Mirandized interview, Bryant initially stated that Higgins had taken his keys “because he was drunk” and when Bryant asked for his keys back, Higgins hit him in the head with a flashlight.

Bryant then told police, according to Parker, that when was trying to get under his truck to escape Higgins, Higgins said he had a right to kill Bryant “because (Bryant) was on his property.” After knocking Higgins down, Bryant said he took off running and heard several shots behind him. When he was able to get his keys back and leave, Bryant said, according to Parker, that Higgins was standing in the driveway as he pulled out.

After several more Mirandized interviews, Bryant stated, “I’ll give you a full confession. I’m tired of this sh**,” according to Parker. Bryant then reportedly told police Higgins had pulled a gun on him and they had struggled over the weapon.

“He stated he did not shoot (Higgins), but if he did, it was because (Higgins) was trying to kill him,” Parker told the court.

Parker stated that Bryant said he had taken the gun and had dropped it over a guardrail on Rich Mountain Road off U.S. 33. Bryant showed the investigating officer where he had thrown the gun, Parker said.