ELKINS - A 19-year-old Dailey man was sentenced to two to 10 years in a state prison for his role in a DUI accident that claimed the life of 15-year-old Timothy Roger "Bo" Hornick.
Cole Alexander Edmond, 20, appeared for sentencing before Judge Thomas Keadle in Randolph County Circuit Court on Monday on one felony count of DUI causing death.
Edmond was the driver of a Chevrolet Cavalier that was involved in a two-car collision on June 20, 2013. Hornick, 15, died in the crash and another passenger, Eric Davis, was injured.
Edmond's attorney, Timothy Prentice, asked the court to consider a lighter sentence because he believes Edmond still has a bright future and that a heavy sentence would not bring the deceased back.
"He (Edmond) was a youthful offender only being 19, he had a bright future ahead of him, and now that is gone," Prentice said. "Sending Cole Edmond to prison will not help anyone, it will not bring the victim back. This has been a tremendous event in his life that he will never forget, and it will haunt him the rest of his days."
Prentice asked the court to consider the Community Corrections program or another alternate sentencing.
"I urge the court to treat him as a youthful offender and treat him accordingly," Prentice said.
Following the statement from the defense, Judge Keadle asked Edmond if he had anything he would like to add.
"I would just like to say that it was not intentional," Edmond said. "I have never had a chance to tell them (Hornick and Davis) I'm sorry."
Assistant Prosecuting Attorney Richard Shryock said the state had agreed to stand silent, but family members of the victim were given an opportunity to make statements concerning the severity of the sentence.
Connie Tacy, Hornick's mother; Tim Hornick, the victim's father; and Nicole Hornick, the victim's step-mother, all took their opportunity to express their feelings.
"On June 20, 2013, my life changed forever. At approximately 3 p.m., I got a call that no mother should ever get. I can still remember my last words to him when he left that day, 'be careful, I love you and don't forget to check in,'" Tacy said. "My son was taken from me way too soon. I ask you, please judge, to set an example today and give an appropriate sentence, because I got the worst sentence of all."
Keadle then addressed Hornick's mother, "I am going to be blunt. What should I do with this man?"
"His parents get to see him again. I will never see my son again. I don't know what the government sees fit, maybe I'm wrong to say this, but I don't think he needs max sentence, but he needs to go away for awhile," Tacy responded.
Next, Tim Hornick approached the bench and said that he would keep his comments on the matter short.
"He has not changed, I think he deserves the max (sentence). He took my son's life," Tim Hornick said.
Nicole Hornick talked about the importance of Bo to the family and how it has changed their lives since the incident.
"He was a wonderful son and soon to be uncle. Not only did he (Edmond) kill our son, but he killed a part of us," Nicole Hornick said. "He has learned nothing. Our son did not die by accident. You (Judge Keadle) can never give us Bo back, but you can give us justice for Bo."
After approximately 10 minutes of deliberation, Keadle came back and spoke to Edmond directly as he handed down the sentence.
"You committed a very serious offense by taking the life of a young man," Keadle said. "Therefore, it is the sentence of the court that you spend, in a state penitentiary, no less than two and no more than 10 years."
Edmond will receive credit for the time he already has served, which is just short of one month's time. Edmond was released into the custody of the West Virginia Division of
Also in circuit court Monday:
- Dylan Craig Kyle, 32, pled guilty to possession with intent to deliver a controlled substance (marijuana), a felony and improper registration, a misdemeanor.
As part of a plea agreement, Kyle was put on a pre-trial diversion for 24 months. If he successfully completes the 24 months without any offenses, the felony charge will be dismissed. The misdemeanor charge carries a sentence of five years of supervised
When asked by Keadle to tell him about the improper registration, Kyle said that it hadn't been processed at the time of the
"I just didn't have my registration in order," Kyle said. "It had been about a week since it was registered, and it hadn't gone through."
Judge Keadle then asked Kyle to explain the possession with intent to deliver a controlled substance charge and what he was going to do with the marijuana.
"I had two ounces of marijuana with me," Kyle said. "I was gonna (sic) take it and sell it."
- A suspension hearing for Melissa Dawn Summerfield was set for 1 p.m. on May 29. Summerfield is charged with four felony counts of possession with intent to deliver a controlled substance, and two misdemeanor counts of carrying a deadly weapon.