Firing squads, drug dealers on billboards, and the difference between girls and boys – week four in the WV Legislature

By Matthew Young, RealWV

“Vengeance is mine,” sayeth Mike Stuart!

That’s right, baby! With the introduction of SB 264, Senate Judiciary Committee Chair Mike Stuart, R-Kanawha, took a break from carrying RFK, Jr’s. water bottle and work-out towel to inflict the wrath of imitation righteousness upon select evil doers. 

In case this one somehow got by you this week, SB 264 calls for the death penalty for anyone convicted of murdering a first responder. According to Stuart, $25 million is needed to construct a 75-person “death row” facility, because he apparently wants to kill a whole bunch of people. To carry out these executions, the bill allows for both lethal injection, and – drum roll please – firing squad!

Yup, we’re gonna take the bad guys out gangland style.

So let this warning ring out from the tops of the mountains, and down to the hollers – if you murder a first responder in the Mountain State, West Virginia’s pro-life lawmakers are gonna kill ya’! But as for the state’s other murderers, you guys are fine. We’re not concerned about kids, or the elderly, or really anybody else for that matter. Apparently we only get indignant when the victim is wearing a uniform. 

The first time I wrote about a death penalty bill being introduced in West Virginia was in January of 2023, and I was mocked for “writing about bills that weren’t going to go anywhere.” And while it’s true that the bill wasn’t taken up that year, I feel it’s important that people know what their elected representatives are trying to do, whether they’re successful with it or not. I spoke to then-Delegate Joey Garcia, D-Marion, at the time, and he was opposed to the idea. 

According to Garcia, reinstating the death penalty would do nothing more than add useless complication to an already inconsistent legal system, noting that, “It does nothing to help public safety, which should be the main goal for any type of criminal justice system.”

Fast forward to January of last year, and SB 307 was introduced. This one also called for the death penalty for anyone convicted of first degree murder, albeit without the first responder caveat. But, Stuart introduced his plan last year as well, which did focus solely on the murder of first responders. Just like in 2023 however, neither bill went anywhere.

So why has a bill which would reinstate the death penalty in West Virginia suddenly grown legs this year, and has already passed through the Senate Judiciary Committee? 

Well, simply stated, former Judiciary Committee Chair Charles Trump left the State Senate for the West Virginia Supreme Court of Appeals, and in his place – at least a few days a month – now sits Mike Stuart. As committee chair, Stuart has the power to put his bill proposals front and center. 

While the new bill moved rather swiftly through Judiciary, one member did voice his opposition – that being the now-Senator Joey Garcia, who called the proposal “morally repugnant.”

“This is a bill that has been introduced for a long period of time,” Garcia said. “Every year you’d see this bill would come up, and I’ve never seen it run. I’m a little bit shocked.”

Shocked as Garcia may be, SB 264 is now in the hands of Finance Committee Chair Jason Barrett, R-Berkeley. It remains to be seen if it will appear on that committee’s agenda this week. 

While he was in town visiting, and in a plot twist that no one saw coming, Stuart possibly did good by also introducing a bill that may actually protect some kids. SB 585, also known as the “Cohen Craddock Student Safety Act,” would require the use of “Guardian caps” during school-sanctioned football practice. “Guardian caps” are the goofy looking soft-shell things that you sometimes see on the outside of football helmets. Kids will probably hate them because it’s just more awkward, bulky padding to wear. But parents will love them because they can help protect their kids from preventable brain injuries, and a lifetime battle with post-concussion syndrome. 

Way to go, Mike Stuart! (Man, it feels weird saying that).  

In other Senate nonsense – excuse me – Senate news, SB 456 passed by a vote of 32-1. And just what is SB 456 you ask? Well, it settles the age-old debate between innies and outies, by codifying the definitions of “man” and “woman.” 

Unsurprisingly, the sole nay vote belonged to Joey Garcia. What was somewhat surprising, however, is that the Senate’s only other Democrat, Minority Leader Mike Woelfel of Cabell County, broke with his party to vote in favor of the bill. Although that’s probably because he was also its sponsor. 

On Thursday, Woelfel seemingly engaged in a bizarre form of damage control by releasing a statement to the media, where he addressed “the manner in which bills are introduced to the Senate,” and his “responsibility as Minority Leader to co-sponsor such legislation.” 

In his statement, Woelfel references the separation of powers outlined in West Virginia’s constitution, and explains how the power to introduce legislation belongs solely to the legislature. He then calls it a “custom” and a “professional courtesy” for the leaders of both parties to jointly introduce legislation at the behest of the governor, which would seem to be a bipartisan skirting of the constitution by allowing a non-legislator to introduce legislation. 

Woelfel further refers to this action as “statesmanship” and “collegiality,” before addressing directly “those who are hurt and affected by the legislation that is being passed with my name but not my vote.”

“I hope you understand that these bills do not reflect my stance on the harmful policies they represent,” Woelfel continues. “I believe the most effective way to change policy is through advocacy, organizing, and electing more members to the Legislature who are devoted to solving the serious issues facing our state, not to wasting time on hurtful bills that only drive us further apart.”

The problem with Woelfel’s statement is that a legislative party leader’s only responsibility is to their constituents. They are certainly not responsible to introduce legislation on behalf of someone who is constitutionally prohibited from introducing legislation themselves. While this action may be considered a “custom” among lawmakers, it is most assuredly not a “professional courtesy.” 

Case in point…

Also on Thursday, Woelfel delivered an impassioned floor speech where he accused Gov. Patrick Morrisey, as well as Senate Republicans, of blocking Democratic legislative proposals, going so far as to say, “We’re not errand boys.” This statement would seem to contradict his claims of “professional courtesy.”

But as far as SB 456 goes, I guess Woelfel doesn’t see it as “wasting time on hurtful bills that only drive us further apart,” since he both sponsored it and voted for it. Hopefully we can all sleep better tonight since we finally know what girls and boys are. 

And now, we can move on to Eric Tarr…oh boy.

Seems like Tarr, R-Putnam, woke up Monday morning and suddenly remembered he’s both a member of the State’s Senate, and the hero West Virginia needs. His first ingenious idea is to put pictures of convicted drug dealers on billboards throughout West Virginia. Apparently sales of illegal drugs are below projections, so we’re going to use some tax money to fund their advertising. But don’t worry, we’re just going to raise taxes on stuff like Narcan to cover the cost. 

I for one think this plan is amazing. For starters, we’re going to kill off some of the addicts by raising prices on the stuff that could save their lives. Seriously, addicts are the 21st Century’s answer to three-fifths of a person, am I right?

And after they’re gone, we help the dealers advertise, so a whole new crop of higher-income drug users can fill the void and know just who to call. There’s no way this plan can fail. 

Oh, and Tarr also wants to close primary elections to only those voters who are registered to a particular political party. Again, the man is brilliant! This way, the only people who can vote are the ones that we already know are going to vote for the candidates we’ve handpicked for the job. 

There is simply nothing more American than voting for the guy you’re told to vote for. 

These knuckleheads have 10 more days to introduce their hare brained ideas for a dystopian utopia. Get your popcorn and your Skittles (if the rainbow doesn’t offend you) ready. Something tells me the best is yet to come.