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Speakers challenge adding longer minimum sentence doesn’t add justice

CHARLESTON, W.Va. — Members of the House Judiciary Committee heard testimony from the public about the modifications for punishment proposed in a bill already approved in the state Senate for murder cases.

Senate Bill 137 was up for discussion in the House Judiciary Committee Monday. The committee heard from several who spoke against the measure, including one lady who was convicted of murder 21 years ago. Terry Castle of Glenwood, W.Va. served 16 years for running down and killing a woman with her car on a Huntington Street in 2005.

“That was the worst feeling I’ve ever had because I was high, someone was dead,” Castle told the Committee.

Since her time behind bars and since her release Castle said she is a changed person. She earned a degree from Marshall University, got married, was able to take care of her mother and help to reconcile with her daugher after spending so much time away.

“If this bill would have been in place back then, I still wouldn’t be out doing the things I’m doing. I’m living a life right now that I never lived before I went to prison. I’m sorry to say it took that long for me to wake up. Today I’m actually doing a job that I love which is helping other people that when they get out of prison, they will not go back,” Castle explained.

The bill would increase the prison time for murder convictions. The penalty for 2nd Degree Murder would go from 10 to 40 years to 15 to 60 years. A conviction of voluntary manslaughter would carry a minimum of five years rather than three. Life sentences with mercy would go from 15 to a 25 year sentence and the recidivist life sentence would also increase to a 25 year minimum.

Lisa Lister of Fairmont spoke to the committee about her son who is serving life without mercy for killing a person while on opioids. She said he too is a changed person now with a degree and a purpose, but no chance at ever doing anything outside the prison walls. She said extending minimum sentences doesn’t extend justice.

“I have lived with the heartbreak of knowing no matter how hard he works, West Virginia has no meaningful mechanism to recognize his rehabilitation,” said Lister.

“I’m against the bill because I know that people do change and when they change, victims and families have the chance to change also,” said Sarah Whitaker with the West Virginia Center on Budget and Policy.

The only speaker in favor of the measure was Betsy Coffey of the West Virginia Prosecuting Attorneys Association.

“I’ve heard stories this morning and we could bring in family members to pull at your heartstrings, but we didn’t do that today. We stand by the validity of this bill and the justice behind it,” she said. “This is not a bill that’s going to enforce mandatory life sentences where they’re not deserved. Those kinds of things are in the hands of a jury, but we’ll be able to get more fair plea agreements and more just sentencing out of this bill.”

 





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