Murder Haunts Family
By FRED CONNORS Staff WriterArticle Photos
NEW CUMBERLAND - When police responded to a call about shots being fired at a New Cumberland apartment on March 22, 2008, they saw Billy Rice walking away from the residence.
He had no shoes on, and officers noticed blood on his socks and hands.
Inside the house, they discovered Sherry Paris on the living room floor - dead of an apparent gunshot wound to the head.
At a neighbor's home, police found the couple's toddler daughter covered with blood splatter.
The presence of a soiled diaper near the victim's body led police to speculate that Paris died while changing her daughter's diaper. A police report noted Rice, who appeared to be intoxicated when police arrived at the scene, told investigators Paris had taken her own life by placing a .40-caliber handgun to her head and pulling the trigger.
Compelling crime scene evidence and an alleged confession led police to charge the 28-year-old Rice with first-degree murder and wanton endangerment involving a firearm.
During the next year, however, as the case wound through the legal system, Hancock County Prosecutor James W. Davis Jr. found himself struggling to keep the charges against Rice more serious than a misdemeanor involuntary manslaughter.
The case also gave the victim's family an unexpected lesson on crime and punishment in the real world.
A year after Paris' death, on March 25, Rice entered a "Kennedy plea" to voluntary manslaughter and an unconditional guilty plea to wanton endangerment with a firearm. A Kennedy plea is offered when a defendant does not admit to the crime but agrees to accept responsibility because a jury conviction could produce catastrophic results.
Hancock County Circuit Judge Martin Gaughan, who accepted the binding plea agreement, sentenced Rice to 15 years in prison for voluntary manslaughter and to five years in prison for wanton endangerment with a firearm. He ordered the sentences be served consecutively for an effective term of 20 years in prison.
But Paris' family learned that in West Virginia, a 20-year sentence does not mean 20 years behind bars.
Gaughan suspended the five-year sentence in lieu of two years probation. And under West Virginia law, Rice will be eligible for parole after serving one-third of the 15-year sentence.
If parole is denied, he could be released in as few as six and a half years.
Paris' family - her mother, Wanda Showalter, and two sisters, Teresa Powell and Barbara Settle - knew Davis and defense attorneys were working on a plea agreement, but they claim Davis did not tell them about the reduced years resulting from prison sentencing and parole guidelines.
"We knew they were making a plea agreement, but we were led to believe that he (Rice) would serve the full 20 years," Powell said. "Besides that, we never agreed to probation for the wanton endangerment charge."
She said Davis told the family a guilty plea would result in Rice serving the full 20 years.
"We were there when he was talking to the defense attorneys," Powell said. "He came back into the room and told us he had to settle for two years probation on the wanton endangerment charge. I told him to go back in and tell them we do not agree, but he declined to do so."
She said the final plea agreement did not prohibit Rice from applying for parole after serving one-third of his sentence.
Showalter expressed equal disappointment.
"Every time we met with law enforcement officials, (Rice's sentence) kept going down and going down and going down."
Settle added, "I feel like we were bamboozled. There is no justice for Sherry Paris. People need to know that this type of thing goes on and beware if they are ever involved with the Hancock County court system."
Family members also criticized Gaughan for not allowing them to read victim impact statements during Rice's sentencing hearing.
Gaughan said he had previously read the victim impact statements and did not allow them to be read in court because they contained personal attacks against Rice rather than saying how the crime impacted their lives.
Concerning his decision to accept the plea, Gaughan said, "I knew they (the family) were not happy with the plea agreement, but none of them said in open court for me to not accept it. I followed the recommendations of the attorneys because I knew the prosecutor had a bad case."
Settle said family members did not have an opportunity to comment in open court.
"He did not ask us whether or not he should accept the plea," she said.
Davis said the plea came after he realized the prosecution's case would be weakened by crime scene evidence being suppressed from the jury. Investigators on the scene failed to get a search warrant before gathering evidence. Some evidence found during the search helped to elicit a confession from Rice, but neither the evidence nor the confession could be used in court in the absence of a search warrant.
"I told investigators at the scene that this was not a first-degree murder case because there was no proof of premeditation or other elements required in the first-degree murder statute," Davis said. "Second-degree murder would be hard to prove because we had only circumstantial evidence with which to prove malice, evil intent or a crime of passion."
That left Davis with possible charges of felony voluntary manslaughter or misdemeanor involuntary manslaughter.
"A conviction on involuntary manslaughter could result in one year in jail. Wanton endangerment could bring five years with parole eligibility in one and one-quarter years and could be discharged in two and one-half years. The risk was too great," he said.
Davis said he agreed to suspension of the wanton endangerment sentence so he could make the voluntary manslaughter charge stick.
"The family didn't like it. I didn't like it. I felt like I was getting the best I could get," he said.
Wheeling attorneys Gerald Jacovetty and Robert G. McCoid defended Rice.
"The defense team in this matter is certainly very sympathetic to the family of Sherry Paris, and we cannot fathom the unimaginable pain that they have endured through the loss of their beloved daughter and sister," McCoid said. "We understand, as well, how emotion can cloud reason.
"However, the facts in this case clearly establish that the shooting death of Sherry Paris by Charles Rice was accidental. All of the forensic evidence, fully sustained by the opinions of a highly qualified forensic pathologist, a gun discharge expert and a forensic death scene reconstructionist, indicates that Mr. Rice accidentally fired the gun while in an intoxicated condition, meaning that he is factually guilty of nothing more than involuntary manslaughter.
"His decision to enter a Kennedy plea to the offense of voluntary manslaughter, a greater offense with a stiffer penalty than that of which he would likely have been convicted, was the product of his fully informed decision to accept responsibility for his actions and eliminate the ordeal of a trial, including any uncertainty as to its outcome," McCoid added. "While jurors frequently get it right, they sometimes get it wrong, and given the high stakes in this prosecution, he elected to take the sure thing. Mr. Rice's decision, however, does not mitigate against the fact that he is guilty of nothing more than criminal negligence."
Settle takes exception to McCoid's comment.
"He only feels that he had a solid case because he had important evidence suppressed," she said. "There is nothing cloudy about our reasoning. That comment insults my intelligence. He admitted in a letter to the prosecutor that there had been a history of violence between Sherry and Rice, but he contended there was not enough physical evidence of Rice's violent conduct to support a claim of intentional shooting."
|
AuSterre
|
|
|---|---|
|
06-17-09 11:38 PM
|
As far as Search Warrant being required - The Fourth Amendment of the US Constitution prohibits unreasonable searches and protects a person and his property from such search by police - If Rice resided in the house where the incident occurred, was apprehended away from the scene and there were no "exergent" circumstance requiring an immediate search, law enforcement personnel should have taken their time, called the prosecutor and/or wrote a search warrant, before making or taking any potential evidence. Although I'm not knowledgeable about the specifics in this case, I believe that is what several of the contributors are referring to.
|
|
AuSterre
|
|
|
06-17-09 11:24 PM
|
It's incredible that Rice could get such a sentence. I can't understand why the people in the community are not in the streets like they are in Iran! My prayers go out to the Powell-Showalter-Settle families of their loss. Thank goodness there is a great reporter keeping on top of the "stuff" that goes on in Almost Heaven. GREAT JOB Mr. Connors...Keep the crooks and politicians in the light!
|
|
dmxem20011
|
|
|
06-15-09 3:29 PM
|
All they care about in Hancock county is their precious casino, how many strip clubs, and gaming machines they can pump in. If this was the wife of a cop or local idiot politician, Rice would be dead or in jail and probably getting shanked in their. When you have police who only care about pulling people over for speeding and who couldnt find their *** from a hole in the ground at the crime scene, what do you expect? This will go into the law books as a classic case of how to F things up royally. If this law enforcement handled Ted Bundy's case, he would still be killing people as we speak. time to start the firing and hiring, and then fire the schmuck officials who hired those idiots!
|
|
m8jarrett
|
|
|
06-15-09 2:01 PM
|
THANK YOU TO FRED FOR DOING SUCH A GOOD JOB ON INVESTIGATING AND QUESTIONING THE PEOPLE INVOLVED. AGAIN MY PRAYERS GOES OUT TO THE FAMILY OF SHERRY PARIS
|
|
WPWRESTLING
|
|
|
06-15-09 9:36 AM
|
The reporter, Fred Connors, did an excellent job on this article. He worked hard investigating and questioning those involved. Thank you, Fred
|
|
GoldenArm
|
|
|
06-14-09 12:08 PM
|
Wow, the audacity of Ellis is appalling. Why is that a hole allowed to post on this site again?
|
|
amys2020
|
|
|
06-14-09 11:34 AM
|
No family deserves to go through the agony of this type of crime. The Hancock County Sheriff's department botched this investigation from the very beginning. If they needed a search warrent, they should have guarded the scene and gotten what they needed before EVER entering the scene. I understand that the laws are made to protect people from undue punishement, but what about the victims and families of victims? When do they begin to have rights? It seems as though criminals have more rights then the people they harm... and it isn't right. This country was built by the people and I believe it is about time that the people step up and take it back, no matter what it takes! Wanda and Family- you are a good family and did not deserve to go through this. Rest assured- he and those involved in botching this case will get what they deserve, whether it be in this life or after it. God works in mysterious ways. God Bless!
|
|
m8jarrett
|
|
|
06-14-09 10:13 AM
|
NO JUSTICE was served in Hancock County for this case. The Law Enforcement BOTCHED this from day one!!! How do you sleep at night? Do you not take classes on the Law and the right way to handle cases like this? If you are a Law Enforcer then you should of known to get a search warrant. I still don't know why you needed a search warrant for an active crime scene. I hope the Prosecuting Attorney will step down and let someone else handle putting criminals in jail!!! MY PRAYERS GOES OUT TO THE FAMILY OF SHERRY PARIS.
|
|
Dwight
|
|
|
06-14-09 9:59 AM
|
I grew up with this family.They lived just a short distance from me and Teresa was in my class at Oak Glen. I have never known any of them to make things up. This man got away with cold blooded murder! I agree with ChaplineRow, I would have taken matters into my own hands. The lawyers and judges in this case should be without jobs for their incompetent handling of this case! The possibility of this jack#@$ being released in 6.5 years is appalling. Then what, he get's visitation with their daughter? What about custody of her? The lawyers are probably already working on it. Common sense in this country is dead. This man shot and killed this young woman and he should have to pay for it. Not just a slap on the wrist and a slap in the face to the Showalter family. And to the family, You have my sympathy.
|
|
kmd0302
|
|
|
06-14-09 9:01 AM
|
I agree with ChaplinerRow, if it was my child I would have taken matters into my own hands and take my chances in jail. The system is for the criminals and not the innocent. The defense attorneys look for all the ways to get around the laws. If there is a plea agreement it should be up to the vitctim or the family before it is accepted, this was a slap in the face for the Paris family and Rice lives on as though nothing has happened. SAD SAD SAD !!!!!!!
|
|
nojustice
|
|
|
06-14-09 8:51 AM
|
WV law needs to be changed when a search warrant is required for an active crime scene !! That is outrageous! But when that is the law, I expect "law enforcement" to know the law...and GET THE SEARCH WARRANT!!! They really screwed this case up and they should be ashamed.
|
|
nojustice
|
|
|
06-14-09 8:48 AM
|
This is Hancock County law enforcement at it's finest....all they do is pull people over for speeding. Check out the newspaper sometime, no one goes to jail..if you are CONVICTED for a 2nd or 3rd DUI...a slap on the wrist..home confinement. That will change only when that same drunk driver kills one of THEIR family members... The prosecuting attny. should step down and let someone actually put criminals in jail. BRING BACK THE DEATH PENALTY!
|
|
EllisWyatt
|
|
|
06-14-09 8:17 AM
|
There is a reason the "Death Wish" movies were, and still are, so popular. People feel frustrated at a system that protects perps and makes criminals of victims. Our Founders said that we have a right to take matters into our own hands when government fails us. Well, government HAS failed us, at all levels. It's time to consider whether or not you are going to trust a bureaucrat, for whom this is a job, or yourself, for whom this is your whole life.
|
|
EllisWyatt
|
|
|
06-14-09 8:15 AM
|
An "alleged" confession? If his prints weren't on the weapon and if he did not confess, there is no concrete evidence to tie him to this crime. That said, I agree with Chapline. I believe in law and order. Unfortunately, the police cannot protect you and the court system is a bureaucratic nightmare. You are obligated, and entitled, to protect yourself and your loved ones. If this was my daughter, I think I would settle this one out of court. In this day and age, race is a factor ie. if you are a white victim, tough luck and if you harm a black, you will hang. I realize this article has nothing to do with race but I thought I would throw that in there. If you are white, you are whale shit. You have no rights. If 6 blacks kick in your door to rape your wife and you shoot them, some scumbag lawyer will interview everyone you've ever talked to to find out if you ever used the 'N' word. If you did, you will go to jail.
|
|
topofthehill
|
|
|
06-14-09 8:10 AM
|
Together,they blew this case. A conviction was within reach. I've never heard of a search warrant being required for an active crime scene?? Sounds like the defense and Judge were in the same corner on this one!! WV justice...shameful!!
|
|
ChaplineRow
|
|
|
06-14-09 7:38 AM
|
As a former cop I too have never ran across a crime scene where a search warrant was required. This creep shot and killed the young mother of his child in the presence of the baby and confessed to doing it. If it was my daughter his ass would be in the ground and I would take my chances with the jury and look at the six years. I believe in the death penality and not taking ten years to carry it out. And don't you just love these lawyers who defend guys like this, wonder how they sleep at night? My prayers go out to the family of this poor young victim.
|
|
doyathink
|
|
|
06-14-09 7:19 AM
|
I have never heard of investigators havng to get a search warrant to examine an active crime scene. That doesn't sound right to me ---
|
|
scorpy01
|
|
|
06-14-09 6:54 AM
|
Everything about this case infuriates me.
|