Officer’s death leads push for tougher law

Officer's Death Leads Push For Tougher Law
Published: Feb. 7, 2023 at 6:38 PM EST

CHARLESTON, W.Va. (WSAZ) - Body cam footage captured the struggled that ensued moments before the would-be fatal shooting of Charleston Police Officer Cassie Johnson in December 2021.

More than a year later, jurors found the shooting lacked elements of first-degree murder and spared the defendant a life sentence.

That reality is now pushing senators to create a new law against obstruction leading to the death of a first responder.

The legislation, Senate Bill 490, arrived Tuesday on the Senate floor, one day after Cassie’s mother appeared in committee Monday advocating for the law that bears her daughter’s name.

“The only person that got a true life sentence without parole is me,” Cheryl Johnson told senators. “I’ll never see her again. In 15 years, he can apply for parole. In 20 (years), he’ll be out.”

The proposal is different from first-degree murder -- no malice, no premeditation. That essentially makes it easier for prosecutors to secure the tougher punishment.

If passed, the sentence for someone convicted of the new crime would be 15 years to life, the same punishment as first-degree murder with mercy.

Sen. Vince Deeds, R-Greenbrier, is sponsoring the proposal. The retired state trooper says it’s a fitting punishment to protect first responders.

“They represent every citizen,” Deeds said Tuesday of first responders. “When an individual knowingly and willingly obstructs, and impairs, and causes that death of that individual, then they need to be held accountable.”

Senate Minority Leader Mike Woelfel, D-Cabell, expressed initial skepticism in committee saying the underlying offense could be a misdemeanor. He then expressed support for the measure.

“We’re going to have to trust our prosecutors and our jurors to make sure that this life in prison is warranted under a given set of circumstances, which I think will be very unique and rare in our state,” Woelfel said Tuesday.

The bill will be on first reading Wednesday. Senators could advance the bill by Friday to the House of Delegates.

The proposal would cover a broad array of first responders, including police, fire and EMS personnel, along with probation, parole, courthouse security and correctional officers.