Coy L. Moffit II, of Sistersville, was sentenced to one to 10 years in the West Virginia Penitentiary for Men on Thursday in Tyler County Circuit Court by Judge Mark A. Karl.
Moffit, who earlier this year was indicted on various charges in Tyler County, pleaded guilty to stealing $2,600 from his father on Aug. 9. Moffit admitted taking the money in order to support the drug addiction he and his wife had. When questioned by Judge Karl he admitted knowing the money he had taken was being saved by his father to purchase a headstone for his wife's grave.
Moffit's attorney, Brent Clyburn, argued his client had been incarcerated since July and had previously spent 60 days in jail for offenses he committed in Ohio and is currently on three years probation there. He also said he felt Moffit had more than enough encouragement to stay clean and he would like to ask for alternate sentencing and have him placed on probation.
Assistant Prosecutor Gary Rymer said that although the state agreed to stand silent, there is additional restitution that needs to be addressed. Karl then read the amounts of restitution to be made. He asked Moffit if there was anything he would like to tell the court prior to sentencing.
Moffit told the court he was sorry for what he had done; he said his father had forgiven him and was willing to help him get his coal miner's card. He said he would like to get a good job and get his life straightened out. He again said he was sorry and apologized to the court.
Judge Karl then said what bothers him is the fact "you stole money, $2,600, from your father knowing it had been saved to purchase a headstone for your mother. I don't understand drug addiction completely, but you have had the benefit of having nine counts dismissed against you, and if you think I am going to let you take a walk you are out of your mind. You can get a job and get on with your life when you get out."
While sentencing Moffit to one to 10 years, Karl gave him credit for time served. He can apply for a Rule 35 reduction in sentence. "If you receive any infractions or break any rules or regulations while incarcerated, I will not even look at it," said Karl. "You will make restitution in the amounts of $2,600 to your father, $422 to Carol Stuart, $17.43 to Martha Michaels, $148 to Steven Hamilton, and $80 to Howell's Pawn Shop." He was then remanded to prison.
Relatedly, codefendant Mary Moffit, 25, of Sistersville, appeared in court on Thursday with her court appointed attorney Kevin Neiswonger. Moffit had previously pleaded guilty to the felony offense of stealing $2,600 from her father-in-law. She was in court Thursday to argue sentencing.
Neiswonger told the court his client had always accepted responsibility for what she had done. He said she was sorry and had learned her lesson and she has also wanted to resolve this as quickly as possible. "She has not once questioned why she is being prosecuted, she knows what she did was wrong," said Neiswonger. "Much like her husband, she had a drug addiction. The plea my client agreed to was, she would come to court today and ask for alternate sentencing and the state would remain silent." Neiswonger said she admits to her wrong doing and at they requested probation. She has been incarcerated for several months.
Judge Karl said he would take alternate sentencing under advisement and ordered her to return to court on Nov. 14 at 10 a.m. She was then remanded to the North Central Regional Jail.