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CLARKSBURG — The state Supreme Court has rejected a challenge of imprisonment filed on behalf of convicted Harrison County murderer Brian Evert Ashcraft.
The decision keeps Ashcraft, 46, confined to the West Virginia Division of Corrections, where he’s a prisoner at the Mount Olive Correctional Center in Fayette County on first-degree murder and voluntary manslaughter convictions.
Ashcraft is due for his first parole hearing Jan. 7, 2019. If he never makes parole, he will spend the rest of his life in prison.
In 2000, Ashcraft was convicted of first-degree murder in the death of his former wife, Heather, and of voluntary manslaughter in the death of J.T. Honce, a firefighter and emergency medical technician with the Bridgeport and Anmoore fire departments. Honce was a friend of Heather Ashcraft and was visiting her the night of the June 5, 1999, shootings.
Ashcraft is serving time for first-degree murder (with mercy, meaning he’s eligible for parole in 15 years), plus 15 years for manslaughter.
In the latest challenge of Ashcraft’s imprisonment, Fairmont attorney Christopher M. Wilson had argued a prior attorney representing the defendant had been ineffective. That attorney had represented Ashcraft during a legal challenge in 2006 through 2008.
Wilson’s challenge had been heard in 2012 and was rejected last June 4 by Harrison Circuit Judge John Lewis Marks Jr., with Assistant Prosecutor James Armstrong representing the state.
Wilson appealed to the state Supreme Court, which unanimously ruled to uphold the decision issued by Marks.
Also:
— A 20-year-old Clarksburg woman accused in the burning of an abandoned home on Byrd Lane in Clarksburg has been charged with first-degree arson.
Clarksburg Police Sgt. Detective Mike Walsh charged Emma Jean Smith with the felony, which carries a potential penalty of anywhere from 2 years all the way up to 20 years in prison.
A witness implicated Smith, according to the criminal complaint.
The fire at 206 Byrd Lane, set May 18, “did major damage to the residence, but the monetary loss is not known at this time,” Walsh alleged.
The structure is owned by an estate, according to the criminal complaint.
Smith was jailed on $50,000 bond after an initial appearance Tuesday before Harrison Chief Magistrate Tammy Marple.
— Richard Glen Gordon, 34, of West Milford, has been charged with felony third-offense driving on a license suspended or revoked for DUI by State Police Cpl. Martin Bailey.
Gordon drove unlawfully April 23 in Clarksburg, in the vicinity of South Park Avenue and East Main Street, Bailey has alleged.
During the traffic stop, Bailey confiscated a substance that tested positive for cocaine, as well as drug paraphernalia, the criminal complaint alleges.
Bond was set at $12,500 by Marple.
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