Cops and Courts, News

Morgantown man allowed to serve rest of sentence on home confinement

MORGANTOWN — A man who was convicted of sexually assaulting two underage girls will be allowed to serve the rest of his sentence on home confinement.
Monongalia County Circuit Judge Phillip Gaujot said Marvin Belcher didn’t appear to be a threat to society and it would be appropriate to start re-integrating him into society. Belcher’s home confinement is contingent on Kanawha County accepting oversight, Gaujot said.
Belcher was sentenced to serve a total of two to 10 years in prison and served nine months of that sentence. He was sentenced to one to five years on each count of third-degree sexual assault.
Eric Wildman, defense attorney, said his client reflected on his actions in prison and grew during that “not insignificant” time.
He said the primary reason behind Tuesday’s request for reduction in sentence was a favorable sex offender evaluation.
Jack Torsney, a psychologist specializing in sexual offenders, testified he determined Belcher’s risk of re-offending was low, and he would be an appropriate candidate for home confinement.
When asked by Gabrielle Mucciola, the prosecutor, he said the current sentence wasn’t inappropriate. He also said that Belcher’s re-integration needed to be structured, which is why he recommended home confinement, not probation.
Mucciola asked if Belcher accepted responsibility for his crimes, and Torsney said Belcher accepted a “limited responsibility.” Torsney said Belcher’s story didn’t match with the statements his victims gave, but that he didn’t deny what he did was wrong.
Renae Burnette, Belcher’s mother, testified that she had two jobs lined up for her son if the court granted him home confinement. She said Belcher would be able to stay with her in Kanawha County for his home confinement and that she lives on a bus line so he would be able to get to work.
His grandmother, Harriet Brunette, also testified she’d be willing to let Belcher live with her, also in Kanawha.
“He has not fully accepted responsibility today and certainly not at trial,” Mucciola said.
She pointed out that at trial Belcher denied his crimes despite DNA evidence to the contrary.
She told Gaujot the state believed the original sentence was appropriate — Blecher’s victims were 13 and 14 years old, and he was 26 at the time of his crimes.
“They were children,” she said.