HUNTINGTON ÃÛÁÄÖ±²¥” The release of a woman who was convicted of being an accessory to murder in 2008 was halted in Cabell County Circuit Court on Friday morning by Judge Chad Lovejoy.
Cherylethia ÃÛÁÄÖ±²¥œBunnyÃÛÁÄÖ±²¥ Holmes was convicted in a jury trial in March 2008 of ordering the death of Wendy Morgan in the summer of 2004 and was sentenced to life in prison with a chance of parole in 15 years.
HolmesÃÛÁÄÖ±²¥™ name was also mentioned by investigators in connection with the killing of four area teenagers in May 2005. Although she was never charged with those deaths, The Herald-Dispatch previously reported investigators had theorized the teens were killed in a similar way.
At the time of HolmesÃÛÁÄÖ±²¥™ conviction, she was already serving a more than eight-year sentence in federal prison for drug and firearm violations, for which she was sentenced in February 2008.
According to an order of commitment signed by Judge Alfred E. Ferguson in 2008, HolmesÃÛÁÄÖ±²¥™ sentence for the accessory to murder charge was to begin at the conclusion of the federal sentence with zero days credit.
Lovejoy said Friday that Holmes was released to the state of West Virginia after serving her federal sentence on Nov. 14, 2011.
Following the order of commitment, this means Holmes would not have been eligible for parole until after she served at least 15 years in the state penitentiary by Nov. 14, 2026.
But during a hearing in March, the West Virginia Parole Board granted her release for April 9, 2025, according to a petition from the state provided by the Cabell County ClerkÃÛÁÄÖ±²¥™s Office.
The state originally argued the parole board was in contempt of court for crediting Holmes and granting her release after serving only 13 ½ years.
But Cabell County Prosecuting Attorney Judge Spears dropped the charge Friday, as he found they were just following what they believed to be court orders.
The state also pressed the court to halt HolmesÃÛÁÄÖ±²¥™ release.
Ferguson testified Friday that his original intentions were for Holmes to finish serving out her federal sentence before beginning her state sentence.
HolmesÃÛÁÄÖ±²¥™ defense argued that another order from 2010 stated that she could be granted time served when calculating her release date. The defense also argued Holmes was transferred from federal prison to state custody pending her trial for 17 months, with which she should be credited.
The defense brought in the Director of Record for the WV Division of Corrections and Rehabilitation, Jonathan Huffman, who said the office looks at the latest order it is given when calculating parole eligibility and release dates.
But the state counter-argued federal documents show Holmes was given full credit for her time served in federal prison with no interruptions. He said Holmes was simply serving out her federal sentence during those 17 months, and granting parole based on time served on the state charge is impossible if there were zero days to grant.
Ultimately, Lovejoy recognized that HolmesÃÛÁÄÖ±²¥™ federal and state sentences were to be served consecutively. Although the order from 2010 said Holmes could be granted time served on the accessory to murder charge, there was none to grant, he said.
Lovejoy also brought up that Holmes filed a motion for sentence reconsideration in 2019, which was not granted by the court, in which she acknowledged her parole eligibility date as Nov. 14, 2026.
ÃÛÁÄÖ±²¥œIf you have a parole hearing ÃÛÁÄÖ±²¥¦ prior to eligibility ÃÛÁÄÖ±²¥” that is to say you werenÃÛÁÄÖ±²¥™t eligible for parole until November of 2026 ÃÛÁÄÖ±²¥” if the parole board convenes a hearing, much less grants parole prior to eligibility, we run afoul of many things in the law,ÃÛÁÄÖ±²¥ Lovejoy said.
Lovejoy referenced a summary judgment from a different court case which ordered, ÃÛÁÄÖ±²¥œsimply put, this Court has repeatedly held that (defendants) are not entitled to have credit for time served during one period applied to two separate sentences.ÃÛÁÄÖ±²¥
Lovejoy said he would enjoin HolmesÃÛÁÄÖ±²¥™ release and enter an order with findings which show it is the position of the court that HolmesÃÛÁÄÖ±²¥™ state sentence began at the conclusion of her federal sentence.
ÃÛÁÄÖ±²¥œI do believe that the 15 years would be in November of 2026 and therefore she would be ineligible, and any parole hearing taken prior to eligibility would not be proper,ÃÛÁÄÖ±²¥ he said.
Spears said itÃÛÁÄÖ±²¥™s now up to the parole board to follow LovejoyÃÛÁÄÖ±²¥™s order and stop Holmes from being released.
ÃÛÁÄÖ±²¥œIn 2026 if they decide thatÃÛÁÄÖ±²¥™s going to have another hearing, I will be there or appear to advocate that sheÃÛÁÄÖ±²¥™s not released because I believe that her crime that she committed, and the crime that she was convicted by a jury of her peers, was horrendous,ÃÛÁÄÖ±²¥ Spears said.
Spears said he was assisted by former Wayne County prosecuting attorney Matt Deerfield and Assistant Prosecuting Attorney Sarah Hudson in FridayÃÛÁÄÖ±²¥™s case.
ÃÛÁÄÖ±²¥œOrdering the hit of another individual over drugs is pointless, and it does nothing to better society. It just brings down Cabell County and makes this place unsafe,ÃÛÁÄÖ±²¥ he said.
In reference to the four youths who were killed in 2005 ÃÛÁÄÖ±²¥” Donté Ward, 19, of Huntington; Eddrick Clark, 18, of South Point, Ohio; Michael Dillon, 17, of Huntington; and Megan Poston, 16, of Barboursville ÃÛÁÄÖ±²¥” Spears said itÃÛÁÄÖ±²¥™s hard not to take those cases into account, but this was about MorganÃÛÁÄÖ±²¥™s death, too.
ÃÛÁÄÖ±²¥œI remember it clearly; it was before I was an attorney. I was studying for the bar. I was still a paramedic in the county, and IÃÛÁÄÖ±²¥™ll remember that till the day I die,ÃÛÁÄÖ±²¥ Spears said in reference to the deaths of the four teens.
ÃÛÁÄÖ±²¥œI understand their feelings. I understand the publicÃÛÁÄÖ±²¥™s feelings. ÃÛÁÄÖ±²¥¦ And to me, as long as IÃÛÁÄÖ±²¥™m in this seat, there is no such thing as a dead case or a case that is just gone. ItÃÛÁÄÖ±²¥™s always open, and I assure you that case is worked constantly by the Huntington ÃÛÁÄÖ±²¥ Department and my office.ÃÛÁÄÖ±²¥
Eddrick ClarkÃÛÁÄÖ±²¥™s mother, Joann Clark, was present at FridayÃÛÁÄÖ±²¥™s hearing.
ÃÛÁÄÖ±²¥œIÃÛÁÄÖ±²¥™ve never been to court, not one second, for my child,ÃÛÁÄÖ±²¥ Joann Clark said, adding she has been present at hearings for MorganÃÛÁÄÖ±²¥™s case from day one but never received justice for EddrickÃÛÁÄÖ±²¥™s death after 20 years.
ÃÛÁÄÖ±²¥œI was happy that they didnÃÛÁÄÖ±²¥™t let (Holmes) out, and she still got to stay there until 2026. I was happy with that, and maybe by then weÃÛÁÄÖ±²¥™ll even get a chance to go to court for our children.ÃÛÁÄÖ±²¥
Bernard Partee, Joann ClarkÃÛÁÄÖ±²¥™s husband, said theyÃÛÁÄÖ±²¥™ve only been married for 16 years, but they live with Eddrick ClarkÃÛÁÄÖ±²¥™s death every day. Moleta Branch, whose son is Joann ClarkÃÛÁÄÖ±²¥™s godson, said Eddrick was loving, caring and into sports.
ÃÛÁÄÖ±²¥œHe always had the biggest smile on his face,ÃÛÁÄÖ±²¥ she said. ÃÛÁÄÖ±²¥œWe miss him.ÃÛÁÄÖ±²¥
The four teens will be remembered May 17 at the A.D. Lewis Community Center for a ÃÛÁÄÖ±²¥œDay of HopeÃÛÁÄÖ±²¥ marking the 20th anniversary of their deaths.
