Are some crimes so henious they merit death? A pastor & senator says yes
By Stephen Baldwin, RealWV
CHARLESTON, WV – In 1965, West Virginia abolished the death penalty. For the past several years, there has been talk among Republican officials in the capitol halls of reinstating it…but no official action. Until yesterday.
The Senate Judiciary Committee debated SB1037 on Thursday, a bill which reinstates the death penalty for certain crimes.
The bill is sponsored by Sen. Kevan Bartlett, R-Kanwaha, who is also a Baptist pastor and the Vice Chairman of the Judiciary Committee.
Bartlett invited Jackson County Sheriff Ross Mallinger to testify before the committee. He spoke at length about a gruesome crime committed by a 32-year old man against a 9-month old child in 2016, for which the perpetrator is now serving a life sentence without the possibility of parole. But Sheriff Mallinger said this case was so heinous that he didn’t think that punishment went far enough.
“Theses types of people do not rehabilitate,” Mallinger said of the perpetrator. “There are two goals for incarceration of those who are convictd–punblic protection and rehabilitation. The rate of reoffending in sexual crimes is second only to substance abuse.”
“You can’t rehabilitate these people,” Mallinger said. “There’s no rewiring. They are who they are.”
Bartlett agreed, fighting back tears as he softly said, “There are some perpetrators who, in my view, void their right to exist in our society.”
“I advocate for the bill, for bringing capital punishment back to West Virginia,” Bartlett said. “To value life, because those who devalue life forfeit their right ot coexist with the rest of us. I’m saddened, but I feel a responsibility to bring this bill.”
Sen. Brian Helton, R-Fayette, spoke in support of the bill, “I wanna applaud the sponsor because I think we need this bill. There are individuals who cannot be rehabilitated. The appropriate punishment for that is in this bill and it needs to be capital punishment. For too long, we’ve seen our society drift away from being civilized. When I talk to people, everyone almost unanimously agrees that’s the appropriate penalty when children are harmed.”
He continued, “From a Biblical standpoint, it tells us that it would be better if a millstone was around your neck and you (were) cast into the sea than to hurt little children.”
Sen. Joey Garcia, D-Marion, voiced the sole opposition to the bill. While he agreed the crime in question was “horrible,” he said the perpetrator is serving the appropriate punishment of life in prison with no chance of parole.
“When I read the New Testament, I don’t see the justification for this. I hear a lot of people talk about being ‘pro life’ until we get to this subject. Then everything changes. I don’t think that’s consistent. I’m proud that were one of the state that has not had the death penalty. What it does is open the door for the death penalty in other situations. We don’t need the death penalty in West Virginia.”
Committee counsel shared several details of the bill with the committee. It would only apply to the crimes of 1st degree murder or 1st degree sexual assault. Mitigating factors include emotional disturbance, the capacity of the perpetrator to make sound decisions, the age of the perpetrator, and whether they acted under duress. An appeal would be required if a death penalty is issued. Finally, counsel said the bill does not prescribe the manner of death to be inflicted on the perpetrator but could include firing squad or lethal injection.
The committee passed the bill by voice vote and it now heads to the Finance Committee for further consideration. It does have a fiscal note, showing the anticipated cost of the bill to be $116,825 annually to cover legal costs associated with the death penalty process.
Stay tuned to RealWV for updates.
