UNFAIR sentencing times for Robbery

The Issue

Why I am asking for your help...

The worst crime you can commit in WV is murder. First degree is 15 yrs to life and second degree is 10-40 yrs. So practically speaking if a man goes out and murders 3 people in the second degree, he would have gotten less time than I did for robbery. That is not fair, and no court system can justify what has taken place. 

I, Ryan Henson was sentenced 28-110 years in prison. 

Physioc received 23-110 years in prison.

Kerry received 18-90 years but received a reduction to a flat 20 years. She completed 5 years and is free and very successful. 

Three innocent people get sentenced to 330 years total based solely and only on hearsay from an Ex girlfriend who changed her statement four different times. She was also given immunity to do so for an unrelated case. One of which included false information to a police officer, which wasn't the first time.  She was also addicted to numerous drugs at the time and worked in a strip club....so ready this story...it will blow your mind!

Underlying facts: 

Three men were at a home in Hedgesville, WV, when two invaders broke in, hit them with metal objects and then robbed the house of the property belonging to one of the gentlemen. All three gentlemen received optical stitches at the hospital and returned to their home later that night. All three victims, who were the only eyewitnesses, stated that two individuals with bandanas covering their face entered the home unlawfully. They also separately got on the stand and said that one intruder was tall and skinny, and that the other one was much shorter and stocky. My friend and I are only one inch apart and practically the same build. The only physical evidence was a rifle scope and bag that were found at the scene. The items were fumed for fingerprints, none were found. Instead of having them sent out to the lab for DNA samples the detective threw them away before the trial started. 

Evidence and Conviction:

The only thing that the state used to tie my friends and I to this crime was my ex-girlfriend. She got on the witness stand and claimed that I told her we committed the crime. This same person also wrote a statement admitting that she lied on us. She was also recorded on a jailhouse phone call stating that she knew that I did not rob those three men in Hedgesville, WV. She only stated that I did it because she was angry at me for breaking up with her that she was the only way that she could get me back. I personally feel that she would have got on the stand and told the truth but two weeks before our trial started. She was arrested on several drug felonies, 3rd offense shoplifting, and a false information for lying to the police about her name. When that happened, the prosecutor went to the jail and offered her a deal to drop all of her charges and let out right then and there if she would testify on us. She was heroin sick and knew she was headed to prison for a long time. So that's exactly what she said.

Although we asked for separate trials, my two friends and I were forced to go to trail together. At that trial, no one of our defense attorneys called a witness to the stand to testify on our behalf. despite the fact that I had alibi witnesses who would have testified to my whereabouts that day of the crime and wen the day after when I "supposedly" told my ex-girlfriend about this crime. 

I also had documentation where I received daily outpatient drug treatment which consisted of medication, all sorts of classes, drug testing, and one of one counseling. If that would have been used in trail like I asked, it would have completely shot down the prosecutors whole case. He repeatedly told the jury that I was on drugs and had to rob these people in order to feed my drug habit. The medication I was receiving prevented me from any sort of withdraws or sickness. Not only that, it shows I was clean and involved daily in my treatment. Documentation in the logbook and eyewitness testimony would have proved I was nowhere around my ex-girlfriend the day after the crime, again proving she lied. 

The prosecutor told the jury that after the robbery Kerry drove Physioc and me to a hideout in WV until the heat died down. Then 3am (9hours after the robbery) we drove to the strip club where my ex-girlfriend worked so we could get gas money to get across the state line. There is new evidence of a police report that shows my codefendant at a gas station in Maryland with a completely different individual around the time of the crime. A simple timeline proves he could not have been at the crime scene either because he could not be in two places at once. This also proves that I wasn't with him and there was no female in the vehicle. This again shows she lied on the stand. 

The state offered my friend Physioc and I a (1-5yr) prison sentence if one of us would testify. They also offered Kerri time serviced to testify. We all refused to lie under oath and testify on one another. Because of that were sentenced to 330 years all together. How could the prosecutor logically explain giving us that amount of time when before trial started, he took a recess to talk to his boss because he didn't want to continue with the case. Furthermore, when the trial was over, and the jury were deliberating out loud he stated that they will probably come back in five minutes with a not guilty verdict. 

Again....The worst crime you can commit in WV is murder. First degree is 15 yrs to life and second degree is 10-4- yrs. So practically speaking if a man goes out and murders 3 people in the second degree, he would have gotten less time than I did for robbery. That is not fair, and no court system can justify what has taken place. 

I, Ryan Henson was sentenced 28-110 years in prison. 

Physioc received 23-110 years in prison.

Kerry received 18-90 years but received a reduction to a flat 20 years. She completed 5 years and is free and very successful. 

 

306

The Issue

Why I am asking for your help...

The worst crime you can commit in WV is murder. First degree is 15 yrs to life and second degree is 10-40 yrs. So practically speaking if a man goes out and murders 3 people in the second degree, he would have gotten less time than I did for robbery. That is not fair, and no court system can justify what has taken place. 

I, Ryan Henson was sentenced 28-110 years in prison. 

Physioc received 23-110 years in prison.

Kerry received 18-90 years but received a reduction to a flat 20 years. She completed 5 years and is free and very successful. 

Three innocent people get sentenced to 330 years total based solely and only on hearsay from an Ex girlfriend who changed her statement four different times. She was also given immunity to do so for an unrelated case. One of which included false information to a police officer, which wasn't the first time.  She was also addicted to numerous drugs at the time and worked in a strip club....so ready this story...it will blow your mind!

Underlying facts: 

Three men were at a home in Hedgesville, WV, when two invaders broke in, hit them with metal objects and then robbed the house of the property belonging to one of the gentlemen. All three gentlemen received optical stitches at the hospital and returned to their home later that night. All three victims, who were the only eyewitnesses, stated that two individuals with bandanas covering their face entered the home unlawfully. They also separately got on the stand and said that one intruder was tall and skinny, and that the other one was much shorter and stocky. My friend and I are only one inch apart and practically the same build. The only physical evidence was a rifle scope and bag that were found at the scene. The items were fumed for fingerprints, none were found. Instead of having them sent out to the lab for DNA samples the detective threw them away before the trial started. 

Evidence and Conviction:

The only thing that the state used to tie my friends and I to this crime was my ex-girlfriend. She got on the witness stand and claimed that I told her we committed the crime. This same person also wrote a statement admitting that she lied on us. She was also recorded on a jailhouse phone call stating that she knew that I did not rob those three men in Hedgesville, WV. She only stated that I did it because she was angry at me for breaking up with her that she was the only way that she could get me back. I personally feel that she would have got on the stand and told the truth but two weeks before our trial started. She was arrested on several drug felonies, 3rd offense shoplifting, and a false information for lying to the police about her name. When that happened, the prosecutor went to the jail and offered her a deal to drop all of her charges and let out right then and there if she would testify on us. She was heroin sick and knew she was headed to prison for a long time. So that's exactly what she said.

Although we asked for separate trials, my two friends and I were forced to go to trail together. At that trial, no one of our defense attorneys called a witness to the stand to testify on our behalf. despite the fact that I had alibi witnesses who would have testified to my whereabouts that day of the crime and wen the day after when I "supposedly" told my ex-girlfriend about this crime. 

I also had documentation where I received daily outpatient drug treatment which consisted of medication, all sorts of classes, drug testing, and one of one counseling. If that would have been used in trail like I asked, it would have completely shot down the prosecutors whole case. He repeatedly told the jury that I was on drugs and had to rob these people in order to feed my drug habit. The medication I was receiving prevented me from any sort of withdraws or sickness. Not only that, it shows I was clean and involved daily in my treatment. Documentation in the logbook and eyewitness testimony would have proved I was nowhere around my ex-girlfriend the day after the crime, again proving she lied. 

The prosecutor told the jury that after the robbery Kerry drove Physioc and me to a hideout in WV until the heat died down. Then 3am (9hours after the robbery) we drove to the strip club where my ex-girlfriend worked so we could get gas money to get across the state line. There is new evidence of a police report that shows my codefendant at a gas station in Maryland with a completely different individual around the time of the crime. A simple timeline proves he could not have been at the crime scene either because he could not be in two places at once. This also proves that I wasn't with him and there was no female in the vehicle. This again shows she lied on the stand. 

The state offered my friend Physioc and I a (1-5yr) prison sentence if one of us would testify. They also offered Kerri time serviced to testify. We all refused to lie under oath and testify on one another. Because of that were sentenced to 330 years all together. How could the prosecutor logically explain giving us that amount of time when before trial started, he took a recess to talk to his boss because he didn't want to continue with the case. Furthermore, when the trial was over, and the jury were deliberating out loud he stated that they will probably come back in five minutes with a not guilty verdict. 

Again....The worst crime you can commit in WV is murder. First degree is 15 yrs to life and second degree is 10-4- yrs. So practically speaking if a man goes out and murders 3 people in the second degree, he would have gotten less time than I did for robbery. That is not fair, and no court system can justify what has taken place. 

I, Ryan Henson was sentenced 28-110 years in prison. 

Physioc received 23-110 years in prison.

Kerry received 18-90 years but received a reduction to a flat 20 years. She completed 5 years and is free and very successful. 

 

The Decision Makers

WEST VIRGINIA SUPREME COURT OF APPEALS
WEST VIRGINIA SUPREME COURT OF APPEALS

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Petition created on April 1, 2024