POINT PLEASANT — The sentencing of former Mason County Sheriff David L. Anthony, II, has been unexpectedly continued until May 21.
The sentencing hearing which began Monday morning was continued after, apparently upon the advice of his attorney, Anthony failed to provide the court with a written apology to residents and office holders in Mason County which he agreed to in his plea bargain.
Anthony’s Attorney David Moye took responsibility for the apology not being available in writing Monday morning, saying he had advised Anthony to verbally go on the record with the apology during the court proceedings on Monday, as opposed to writing the apology. Mason County Prosecuting Attorney Damon Morgan said he felt Anthony’s failure to produce the written apology reflected his attitude about the proceedings.
Moye apologized again and said “I take that responsibility” for not having the written apology, again reiterating he’d told his client he could stand before the court and verbally make the apology. Moye also said his client was prepared to submit the apology in writing and in the record if granted a recess.
Circuit Court Judge the Honorable David Nibert reminded Moye and Anthony they had both signed off on the plea agreement which specifically states the written apology.
In his plea agreement, Anthony pleaded guilty to the misdemeanors of brandishing a weapon and shooting near a dwelling, as well as no contest to misdemeanor counts of fraudulent scheme and embezzlement - the fraudulent scheme and embezzlement charges were in relation to questionable purchases on a county credit card. In exchange for his pleas to the four counts, the remaining counts contained in a 42-count grand jury indictment were to be dismissed. In addition, Anthony was to relinquish his law enforcement certification to the state of West Virginia, resign from office, withdrawal from seeking reelection in the May primary and not seek any other elected office in the future, and write the apology to the citizens and officer holders. In relation to the apology to office holders, Anthony was to apologize for alleging others in county government misused county credit cards.
After consideration of Moye’s request, Nibert continued the sentencing to 9:30 a.m., May 21.
The brandishing charge has a maximum sentence of one year in jail and maximum fine of $1,000. The shooting near a dwelling charge has a maximum sentence of 100 days in jail and $300 fine. The fraudulent scheme misdemeanor has a maximum sentence of one year in jail and $2,500 fine. The misdemeanor embezzlement charge has a maximum sentence of one year in jail and $2,500 fine.
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.