Judge denies sentence reduction in murder case

NEW CUMBERLAND - An area circuit court judge, on Tuesday, denied a request for a sentence reduction from a man involved in the June 2008 death of Rex Waugh.

First Judicial Circuit Presiding Judge Martin Gaughan stood by his decision to sentence Terrance Williams to 36 years in jail as previously rendered in a plea agreement hearing.

Williams, one of three people involved in Waugh's death, was charged with voluntary manslaughter and robbery in August.

Held in Mount Olive Correctional Complex in Mount Olive, W.Va., Williams appeared in court Tuesday via videoconference. His lawyer, Joseph Ludovici, appeared in person along with Hancock County Prosecuting Attorney Jim Davis.

Ludovici stated Williams requested the sentence reduction hearing under Rule 35, which indicates the defendant may file for correction or reduction of a sentence within 120 days of his or her sentencing.

Ludovici stated the motion had been filed in the hope Gaughan would reduce Williams' sentence because he "was cooperative with the authorities from the date he was arrested."

Williams' story, Ludovici said, remained consistent throughout the proceedings which led to the plea agreement, in which Williams stated he did not play a role in planning the robbery and subsequent murder of Waugh.

"I think the state cannot argue against the fact that April Tanner (a second person involved in Waugh's death) was the main character in this crime," Ludovici said.

Tanner was sentenced to 40 years in jail in October for her role in planning the robbery and murder with Williams' brother, Michael Williams. Michael Williams was found dead of a drug overdose in his home two days after Waugh's death.

Davis stated the information Ludovici presented is not new to the case and had been reported prior to Williams' sentencing. He added because no new information has appeared in the case, the sentence should remain the same.

According to reports, Tanner entered Waugh's Grant Street home in Newell and distracted him while the Williams brothers entered the home a few minutes later and robbed Waugh.

Approximately 10 minutes after Tanner entered the home, the brothers entered and "held Waugh down, beating him about the head and face," according to a report from Hancock County Sheriff Mike White. The two men duct-taped Waugh's and Tanner's hands, then placed her in an adjacent room and removed several items from Waugh's home.

After the Williams brothers left his home, Waugh was able to get free and called 911 dispatchers, but was unconscious when Hancock County Sheriff Department deputies arrived. A few minutes after Waugh's 911 call, Tanner called and stated Waugh had collapsed.

Waugh was transported to East Liverpool City Hospital, where he later died without regaining consciousness.

Davis stated Tuesday that Waugh's family members were "adamantly opposed" to the sentence reduction.

"Rule 35 is not for the purpose of somebody having buyer's regret as a result of an agreement they previously made," Davis said.

Gaughan denied the request for sentence reduction and stated he had been reluctant to accept the plea agreement in the first place, implying the original charge of first degree murder may have resulted in a more fitting sentence for Williams.

"I had to be convinced to accept the plea at the time," Gaughan said. "If you filed this (motion to reduce the sentence) 10 years from now, I would deny it also."

(Matsick can be contacted at jmatsick@reviewonline.com)