4th Circuit affirms sentence of man who threatened election inve - WOWK 13 Charleston, Huntington WV News, Weather, Sports

4th Circuit affirms sentence of man who threatened election investigator

Posted: Updated:
  • LawMore>>

  • West Virginia Bar Foundation Fellows to be honored

    West Virginia Bar Foundation Fellows to be honored

    Tuesday, April 22 2014 11:15 AM EDT2014-04-22 15:15:55 GMT
    Eighteen lawyers, including two judges, demonstrating outstanding dedication to their community and profession have been named 2014 West Virginia Bar Foundation Fellows. 
    Eighteen lawyers, including two judges, demonstrating outstanding dedication to their community and profession have been named 2014 West Virginia Bar Foundation Fellows. 
  • Mercer County man, 29, pleads guilty to possession of child pornography

    Mercer County man, 29, pleads guilty to possession of child pornography

    Tuesday, April 22 2014 11:14 AM EDT2014-04-22 15:14:04 GMT
    Eric A. Hitt, 29, of Princeton, admitted to Senior U.S. District Court Judge David A. Faber in Bluefield he kept pictures of prepubescent minors engaged in sexual acts on his personal computer.
    Eric A. Hitt, 29, of Princeton, admitted to Senior U.S. District Court Judge David A. Faber in Bluefield he kept pictures of prepubescent minors engaged in sexual acts on his personal computer.
  • Kanawha County man admits he produced, possessed child porn

    Kanawha County man admits he produced, possessed child porn

    Tuesday, April 22 2014 9:40 AM EDT2014-04-22 13:40:36 GMT
    Kanawha County resident Stephen Wayne Laton Jr., 40, admitted he possessed images and videos of children in pornographic situations, including a video of one of his relatives, a minor female relative which he had shot himself.
    Kanawha County resident Stephen Wayne Laton Jr., 40, admitted he possessed images and videos of children in pornographic situations, including a video of one of his relatives, a minor female relative which he had shot himself.

The 4th Circuit Court of Appeals recently affirmed a Lincoln County man did not act in self defense when he pulled a gun on an FBI agent and a Secretary of State investigator.

James A. Matheny, 61, of Midkiff appeared in federal court Sept. 24, four months after a federal jury found him guilty of assaulting a federal officer and using a deadly weapon during and in relation to a crime of violence.

Federal prosecutors said Matheny brandished a weapon and threatened to kill the FBI agent and the Secretary of State investigator who were interviewing him in connection to the 2010 Lincoln County primary vote fraud investigation.

In his appeal to the 4th Circuit, Matheny argues he was not aware that the people interviewing him were law enforcement and acted in self-defense to men who he thought were trespassing on his property.

In the 4th Circuit's May 2 per curiam decision, judges disagreed, saying the district court did not err in supporting the jury's finding nor erred in denying his motion for judgment of acquittal.

"In the present case, it is conceded that Matheny did not know the victims included a federal officer," the opinion stated. "Nonetheless, there was more than sufficient evidence to establish that Matheny used force against the victims that was disproportionate to any reasonably apprehended potential threat. There was no evidence that either victim took any action that would have given Matheny any reasonable belief that he was in physical danger."

The opinion further stated that evidence supported that Matheny pulled a gun "in response to a 10-15 second conversation … aimed it at the waists of both victims, threatened to kill them and trained the gun on them until they left."