Tuesday, December 07, 2010
Court of Appeals Rules In Favor Of Dunbar Man
WEST VIRGINIA....
In its decision last week, the West Virginia Supreme Court of Appeals ruled favorably in the case of 53 year old David Eilola of Dunbar, who was convicted in April 2007 of attempted murder for slashing his estranged wife and attempting to burn her alive. He was sentenced to three to 15 years for attempted first-degree murder; two to 10 years for malicious assault; two years for arson; one year for violation of a domestic violence protective order and one year for domestic battery, the sentences to be served consecutively. Eilola argued he should be able to come before a parole board about two years sooner because of time he served at South Central Regional Jail awaiting his trial and sentencing. The court agreed, with the exception of Chief Justice Robin Davis, who dissented, saying the defendant received more favorable consideration than the victim, and the court didn't give proper regard to victims of domestic assault. Both her opinion and the majority's were issued November 23rd. The appeal was based on a law that allows criminals to receive credit for time already served in jail, but Eilola argued that the credit was applied in a way that put him at a disadvantage. The Supreme Court ordered Kanawha Circuit Court to issue a new order reflecting the correct credit.
In its decision last week, the West Virginia Supreme Court of Appeals ruled favorably in the case of 53 year old David Eilola of Dunbar, who was convicted in April 2007 of attempted murder for slashing his estranged wife and attempting to burn her alive. He was sentenced to three to 15 years for attempted first-degree murder; two to 10 years for malicious assault; two years for arson; one year for violation of a domestic violence protective order and one year for domestic battery, the sentences to be served consecutively. Eilola argued he should be able to come before a parole board about two years sooner because of time he served at South Central Regional Jail awaiting his trial and sentencing. The court agreed, with the exception of Chief Justice Robin Davis, who dissented, saying the defendant received more favorable consideration than the victim, and the court didn't give proper regard to victims of domestic assault. Both her opinion and the majority's were issued November 23rd. The appeal was based on a law that allows criminals to receive credit for time already served in jail, but Eilola argued that the credit was applied in a way that put him at a disadvantage. The Supreme Court ordered Kanawha Circuit Court to issue a new order reflecting the correct credit.
# posted by Homer Owens @ 7:53 PM 
