W.Va. Supreme Court of Appeals upholds murder case's verdict
Monica Suzette Hartwell of Lashmeet was sentenced in September 2022 to a determinate term of 40 years in prison. A jury had convicted Hartwell on Aug. 11 that same year of second-degree murder for the July 26, 2020 shooting death of her boyfriend, Michael Walker, outside their Presbyterian Avenue home in Lashmeet. Hartwell was initially charged with first-degree murder and was later found competent to stand trial.
After Walker's death, Hartwell had told troopers with the West Virginia State Police Princeton detachment that she believed Walker was possessed. Witnesses testified during her trial that Hartwell and Walker had been drinking that day, adding that Walker had spoken about Jesus, God and the Holy Spirit.
Troopers found Walker on the home's front porch. Hartwell was in the home and told the troopers that the shotgun was in the living room. Walker had been shot in the head.
Hartwell's attorney Ryan Flanigan, who is now a circuit court judge in Mercer County, made motions during her sentencing for a new trial and for a judgement of acquittal. The presiding judge, Circuit Court Judge Derek Swope, who is now retired, denied both motions. Flanigan told the court that Hartwell had been a productive member of society before she became ill, and that she had been struggling with mental illness her entire life. A member of Hartwell's family told the court she had been diagnosed with bipolar disorder and other mental conditions.
Attorney David Kelley argued the appeal before the state Supreme Court of Appeals, said Prosecuting Attorney Brian K. Cochran, who prosecuted the case in 2022. The West Virginia Attorney General argued the appeal on behalf of the Mercer County Prosecuting Attorney's Office.
According to court documents filed May 22, the sole issue before the Supreme Court of Appeals of West Virgnia was the admissibility of a statement Hartwell made after she was taken into custody and handcuffed outside the home. Trooper S.K. Weikle and Hartwell were walking to the trooper's cruiser when he asked 'where's the gun?' to which Hartwell replied 'it's on the couch.' The question was asked before Hartwell had been read her Miranda Rights.
Weikle later testified that officers had not yet secured the weapon, according to the supreme court's document. Officers only knew that the victim had been shot on the porch and that Hartwell immediately went into the home and was not seen by any witnesses during the 15 to 20 minutes it took for law enforcement to respond to the 911 call. Officers did not know if the weapon was still in the house and whether anyone else had access to it or whether it had been thrown out a window or back door 'where it might be found by a passerby or an inquisitive child.'
'For the reasons set forth herein, the judgement of the Circuit Court of Mercer County is AFFIRMED,' the justices concluded in the court document.
During the 2022 hearing, Swope sentenced Hartwell to 40 years in prison with 789 days credit for the time she had spent in jail and on home confinement after her arrest. Swope then told her family that she would be eligible for parole in 10 years, and could discharge her sentence with good behavior within 20 years.
'I certainly believe she needs to get help in the penal system, the maximum amount they can give her,' Swope said then.
Contact Greg Jordan at
gjordan@bdtonline.com
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