The West Virginia Supreme Court of Appeals (WVSCOA) agreed with a Monongalia County Circuit Court decision to deny a convicted rapist a new sentence.
Jordan Bennett was sentenced by Judge Susan Tucker to 73-185 years in prison for abducting and raping a woman along a trail in Monongalia County in 2014. He pleaded guilty to seven counts of second-degree sexual assault and one count of abduction prior to his trial, but after the jury was sworn in.
In Monday’s ruling, the WVSCOA said after consideration, there was no substantial question of law and no prejudicial error.
Bennett’s motion claimed several of the counts violated double jeopardy principles because the abduction was incidental in the commission of the sexual assault and the victim’s initial statement only supported three of the seven sexual assault counts. The appeal also claimed the other four counts did not meet the burden of proof that they were separate offenses.
The motion was denied by the Monongalia County Circuit Court, in March 2017.
“I have never heard anything as awful as what [the victim] described when she was here,” Tucker said at his sentencing.
The victim testified during the plea hearing. The Dominion Post does not typically identify the victims of sexual assault.
In September 2014, the then WVU-Ph.D. student went for an early morning run on the trail along the Monongahela River. She said Bennett approached asking questions, but he smelled of alcohol.
She said she had a flashlight and shined it on his face.
“His eyes were devil red, they were completely bloodshot,” she said.
Bennett attacked, hitting and choking her. He dragged her down a hill. The victim said she kept hoping another runner would pass by and hear her screaming.
Down the hill, Bennett raped her, she said, later adding … “I thought I might die.”
The victim said she suffered cuts, bruises and other injuries as a result of the incident. She also contracted a sexually transmitted disease from Bennett.
