October 31, 2012
POINT PLEASANT — Mason County’s former sheriff is requesting his jail sentence be modified to possibly include probation, day report or home confinement — his request was filed this summer, and the court has agreed to rule on it after Nov. 15.
Counsel for David L. Anthony, II, filed a motion in Mason County Circuit Court back in July asking Judge David Nibert to consider a modification of his sentence. Last week, Nibert sent out an order to Anthony’s counsel, David Moye, and Mason County Prosecuting Attorney Damon Morgan, saying he needed comments regarding this motion to be received by the court no later than Thursday, Nov. 15.
Nibert said after Nov. 15, he would rule upon the motion for reduction in sentence without a hearing unless a hearing is requested by Anthony.
The original motion filed by Moye, asks the court to consider the modification of Anthony’s sentence by stating Anthony had served the citizens of Mason County for over 20 years as a law enforcement officer without a criminal record of any manner; Anthony had provided hand-written letters to the Mason County office holders as required in his plea agreement; since his sentencing date, Anthony’s father had become increasingly ill and could use Anthony’s assistance; Anthony has had no violations since his incarceration, and thus is a good candidate for probation, day report or home confinement;
In his motion, Moye also states Anthony has the income to pay for probation costs, thus eliminating a state expense. Due to Anthony’s prior job as a sheriff, the regional jail has been forced to hold Anthony in protective custody which is an additional burden upon the state, Moye wrote, arguing an alternative sentence would be more “economically efficient.”
Earlier this year, Anthony entered into a plea agreement where he pleaded guilty to the misdemeanor offenses of shooting within 500 feet of a dwelling, brandishing and two counts of misdemeanor embezzlement. Anthony was sentenced to six months for brandishing and 90 days for shooting within 500 feet of a dwelling, to run concurrent. He was also sentenced to one year for each count of misdemeanor embezzlement to run concurrent with each other but to run consecutive with the six month sentence.
Also as part of the plea agreement, Anthony relinquished his law enforcement certification to the state of West Virginia, resigned from office, withdrew from seeking reelection in the May primary and agreed not seek any other elected office in the future.
In relation to Anthony’s questionable charges on a county credit card, he has already paid back these charges in the amount of $2,435. Again, his plea agreement included a plea of guilty to misdemeanors, no felonies.
Anthony started serving his sentence back in May. He is currently housed in the Southwestern Regional Jail in Holden.