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80-Year Robbery Sentence Upheld

POSTED: October 31, 2009

The West Virginia Supreme Court on Thursday upheld Ricky Booth's 80-year prison sentence for robbing an elderly woman near Uncle Pete's Restaurant on Main Street more than two years ago.

In 2007, Booth, now 23, of Moundsville pleaded guilty to first-degree robbery after he attacked the 82-year-old Wheeling woman as she and her disabled husband prepared to enter the restaurant.

He attempted to grab the purse from her shoulder but fled in a vehicle after the victim fell to the ground.

Ohio County Circuit Judge James P. Mazzone sentenced Booth on Aug. 2, 2007, noting "anything but a stiff sentence would send the wrong message and would severely diminish the seriousness of Mr. Booth's actions that day."

Booth admitted to seeking money to buy drugs as well as being under the influence of Xanax and marijuana at the time of the attack. Mazzone also sentenced Jessica Lynn Wood, who drove the getaway car, to 55 years in jail for her role in the attack.

On Oct. 6, Ohio County Prosecutor Scott Smith went before the West Virginia Supreme Court, urging the justices to uphold the 80-year sentence, citing Booth's prior criminal record and the severity of the victim's injuries.

The woman, who was the primary caregiver of her husband, suffered a severe hip injury that required three surgeries, including a total hip replacement. In the victim impact statement presented to the court, she stated, "I have literally been robbed of a large chunk of my remaining life."

"Mr. Booth maintains that the sentence imposed upon him shocks the conscience, is excessive and disproportionate to the degree and character of his offense, and is disproportionate to the degree and character of his offense, and is disproportionate to the sentences imposed upon other individuals involved in this same crime," the opinion states. "We disagree.

"Due to Mr. Booth's decision to prey on the elderly," the document continues, "coupled with the significant negative impact that his actions will continue to have on the victim and her family, the 80-year sentence does not shock the conscience."

The high court's opinion was delivered per curiam, meaning the decision was rendered by the court as a whole - or at least a majority of it - with the individual judge authoring the opinion remaining anonymous.

 
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