Judge pronounces sentence on Shriver
Judge Robert Stone, filling the bench for retired Judge Mark A. Karl, sentenced Howard Paul Shriver of Shinnston, W.Va., on April 4 to eight-and-a-half to 45 years in the West Virginia State Penitentiary for Men.
Shriver had been indicted by the Tyler County Grand Jury in February 2013 in a 12-count indictment charging him with five felony offenses and seven misdemeanor offenses. On Jan. 9, after a three-day trial, he was found guilty by a jury of of his peers on 10 of those charges.
Shriver appeared in court on Tuesday for sentencing alongside his court-appointed attorney John Gainer, who was representing him after his former attorney, Jay Gerber, was allowed by Judge Karl to withdraw from the case. Shriver had filed a legal ethics complaint against Gainer with the State of West Virginia Office of Disciplinary Counsel.
Prior to sentencing on Tuesday, Judge Stone gave Shriver and his counsel opportunities to speak to the court. Shriver told the court he was preparing to file an appeal and is using the Veterans Administration to help him. He thanked Judge Stone for sitting in on the case. His counsel, Gainer, said he had nothing to add.
Prosecutor Luke Furbee gave the court a run down on the way the case played out. He said from the beginning to the end Shriver has not taken any responsibility for his actions. He said the victim was in the audience, but did not wish to speak. Furbee said Shriver has maintained his innocence, but that doesn’t overcome the facts as they were presented.
He said Shriver had used a large tool to provoke fear and intimidation into the victim and the children. He was seen by witnesses entering the property on the night of the incident and as the victim tried to escape with the children, he used the tool to break the windshield of the vehicle and take the keys. The victim was able to escape into the woods and Shriver, after leaving the property, was reportedly seen by the wife of the then-Sheriff of Doddridge County as he was driving on U.S. Route 50. He was later apprehended in Shinnston and charged with DUI. All this led to the charges in the indictment. Shriver was also under a protective order at the time of the incidents.
Judge Stone, in following the recommendation of the state, imposed the following sentence. He told Shriver the record was clear that he has taken no responsibility for his actions and continues to blame everyone else. He was sentenced to one year each for count 12, domestic battery; count seven, unlawful restraint; and count 10, destruction of property. He was also sentenced to six months each for count eight, misdemeanor domestic assault; count nine, domestic assault; and count four, violation of a protective order. For the following felonies he was sentenced to one to 10 years: count five, retaliation against a witness; count six, retaliation against a witness; and count 11, attempted murder. He also received one to 15 years for count three, burglary. All of the sentences are to run consecutive, an effective eight-and-a-half to 45 years, and be served in the West Virginia Penitentiary for Men.
Shriver was given credit for time served of 663 days and was remanded to the Division of Corrections.
Judge Stone also told Shriver there are strict guidelines and time limits to filing an appeal. “You have 30 days to file the appeal and you need to make sure you have it done in time,” Stone told him. Shriver said he has the Veterans Administration on top of it.