Man gets 40 years for '07 shooting
HUNTINGTON, WV -- Wilbert Shaver received a 40-year prison sentence Friday for his role in a September 2007 robbery and shooting that injured a woman in the 2000 block of 11th Avenue.
The victim, Sparkle Wade, and Cabell County Prosecutor Chris Chiles praised the punishment.
Wade addressed the court prior to Circuit Judge Dan O'Hanlon announcing his decision. She urged for the maximum penalty and a chance to move on. She described herself as still having mental issues and needing physical therapy after receiving multiple gunshot wounds.
"My life is up in the air right now," she said. "I can't really start my life until this process is over, and he keeps on prolonging it. ... He needs to go to jail, and to lay it down. He committed a very vicious crime against me."
The shooting took place inside of 2012 11th Ave. Shaver broke into the residence to steal money stashed inside. He and Wade met inside the house. Shaver forcibly overtook his victim, demanded the money and shot her twice with a .45 caliber weapon, according to Chiles and court documents.
Chiles said Wade revealed where the money was located, and Shaver fled. Wade went to a neighboring house for help, but collapsed in the neighbor's doorway.
"This is a crime that is very difficult for me to accept in our town," O'Hanlon said.
O'Hanlon pronounced the punishment after denying three defense motions that sought post-conviction home confinement, a withdrawal of Shaver's guilty plea and a delay in sentencing. The judge blamed Shaver as he denied each request.
Defense attorney Tim Rosinsky filed the motions after Shaver's holiday plans fell through. The December 2009 plea agreement, which led to convictions for malicious wounding and first-degree robbery, also included a clause allowing Shaver to spend the holiday season with family prior to sentencing. That privilege fell apart when the family member, at whose house Shaver would serve home confinement, decided the convicted-shooter was not welcome at his home.
O'Hanlon said the family agreement was struck by Shaver, so therefore the court had no obligation to approve another residence or set aside the guilty plea. He cited Shaver's refusal to cooperate with probation officers in pushing ahead with sentencing.
The December plea agreement included a sentencing range of 30 to 40 years. O'Hanlon believed that saved Shaver from spending a much longer sentence.
Rosinsky argued for the lower end, reminding O'Hanlon that just this month the judge ordered a 30-year sentence for murder. Chiles said the two punishments were as different as apples and oranges.
Police initially arrested Shaver near Kenova Elementary School within a week of the shooting. He was later released from jail.
Nearly two years later, Shaver was again captured just hours after being profiled as part of The Herald-Dispatch "Tri-State's Most Wanted." His spot on the list led to police receiving immediate telephone calls.