The sentencing of a man convicted of second-degree sexual assault was rescheduled after several agencies failed to provide the defense what it needed to prepare.
Timmy Crockett, convicted by a jury in July, was set to be sentenced on Monday in Monongalia County Circuit Court. Crockett faces 10-25 years in prison.
David DeMoss, representing Crockett, told Judge Phillip Gaujot he had not received his client’s sex offender evaluation report, which is required by state code in order to request an alternative sentence, such as probation or home confinement.
At DeMoss’ request, Crockett was evaluated by a psychologist in Charleston rather than one at WVU since so many witnesses and the victim in the case had connections to WVU.
The evaluation was scheduled for Aug. 22 and DeMoss’ assistant called the office several times to stress the importance of the evaluation, even calling before Tuesday’s hearing when it was discovered the doctor who needed to prepare the report was out of town, DeMoss said.
He also said he barely had time to properly read the 23-page victim impact statement written by the victim’s mother which he received Monday evening. DeMoss said he did not get an opportunity to discuss that statement with Crockett.
The North Central Regional Jail also failed to follow the court order to give Crockett an HIV test, DeMoss said.
Assistant Prosecuting Attorney Gabrielle Mucciola said the state was ready to go and pointed out the victim’s mother traveled a long way to be at the hearing.
The court had the option to leave the record open and could review the report from Charleston when it was done or could even sentence Crockett with the knowledge that even a glowing recommendation from the report wouldn’t change things, Mucciola said.
“I appreciate all of that but this is a sentencing of someone that could lose his freedom for a substantial amount of time,” Gaujot said. “So, I believe that he’s entitled to be prepared at sentencing and from what I hear from his counsel he nor his counsel are prepared. So, I feel that I have no alternative but to continue this matter.”
Gaujot offered the victim’s mother the opportunity to read the statement from her daughter into the record. However, after a short discussion Mucciola said the victim’s mother wanted to be present at any kind of sentencing or hearing.
Mucciola requested the next hearing be scheduled for a Friday or Monday so the victim’s mother wouldn’t have to take extra days off work.
Gaujot agreed and rescheduled the sentencing for October.
