Sign In | Create an Account | Welcome, . My Account | Logout | Subscribe | Submit News | Contact Us | Home RSS
 
 
 

Elkins man sentenced in child porn case

October 2, 2013
By Chad Clem - Staff Writer , The Inter-Mountain

A 62-year-old Elkins man who had pleaded no contest to charges of possessing child pornography appeared in Randolph County Circuit Court Tuesday with a complaint of his own.

In early August, Richard Clive Devine pleaded no contest to five counts of possession of material depicting a minor engaged in sexually explicit conduct, a felony, during a last-minute plea hearing.

At the outset of his sentencing hearing Tuesday in Circuit Court, Devine submitted a statement to his probation officer in which he expressed dissatisfaction with his attorneys, James Hawkins and Russell Stobbs. In the statement, Devine claimed Hawkins and Stobbs had "sold him out," that his files were "not intact" throughout his case and that he had felt coerced into some of his decisions when faced with "150 years in prison."

Devine's statement was incorporated in the probation officer's presentence investigation report.

Judge Jaymie Wilfong asked Devine to explain his statement to the court. Specifically, Wilfong asked him if he felt negatively about how his attorneys had handled his case, and if he felt that he was coerced at any time during his case. Devine said no.

Wilfong reminded Devine that she had asked him during his plea hearing if he had felt coerced into making his decision. She also reminded him she'd also previously asked him if he was absolutely sure that he wanted to plead no contest, and he said that he was "absolutely sure" at that time.

Hawkins, too, asked Devine specific questions about the quality of the work that he and Stobbs had performed regarding the case. Devine eventually redacted his claims against his counsel and said that his dissatisfaction was directed more at the system.

"He seemed to be frustrated with the entire process," Hawkins said later in an interview with The Inter-Mountain. "He feels that the system had let him down and he took the opportunity to voice his concerns in court."

After Wilfong denied his motion to withdraw his initial plea, she proceeded with Devine's sentencing.

Hawkins made the argument that the material in question depicting a minor was taken for medical reasons, to document abuse and bodily injury like bruising and not for "sexual gratification purposes."

He also said Devine downloaded the material onto a disc and turned it in to officials.

Randolph County Prosecuting Attorney Michael Parker showed the materials in question to Hawkins and Stobbs.

Parker said that based on the evidence, "It is ludicrous and ridiculous to say that he (Devine) did not take the pictures for sexual gratification purposes."

Wilfong agreed, sentencing Devine to an additional 10 to 25 years in a state penitentiary, which will run consecutive to the sentence he's currently serving. Devine was also sentenced to 50 years of supervised probation and will be required to register as a sexual offender.

Also in Randolph County Circuit Court Tuesday:

- Phillip Moyers, 28, of Elkins, pleaded guilty to one count of operating or attempting to operate a clandestine laboratory, a felony, and two counts of felony conspiracy. Moyers and four other individuals were arrested Dec. 29, 2012, after police allegedly found methamphetamine precursors, methamphetamine and residue from shake-and-bake meth "cooks" inside a residence located at 462 Wilson St. His sentencing is set for Nov. 20 at 10:30 a.m.

- Sheila Diane Maxey, 46, of Sutton, was sentenced to one to 10 years in a state penitentiary on one felony count of embezzlement, one to 10 years in a state penitentiary on one felony count of forgery and one to 10 years in a state penitentiary on one felony count of uttering. Wilfong ordered that these sentences run consecutively, or back to back, but that the latter two sentences be suspended, and Maxey instead be placed on five years of supervised probation. Wilfong also ordered Maxey to pay $24,633.38 in restitution fees as a condition of her probation.

A representative of Youth Health Center, the company that Maxey worked for and the victim in the case, testified that as a result of the funds that were taken, the center nearly faced bankruptcy and workers were prevented from getting raises in wages that were planned before the incident.

Contact Chad by email at cclem@theintermountain.com.

 
 

 

I am looking for:
in:
News, Blogs & Events Web