W.Va. man convicted on burglary charges
WAYNESBURG – After deliberating less than an hour Monday, a Greene County jury convicted a West Virginia man on three counts of burglary in connection with break-ins at Greene County residences from January to July 2011.
The jury also found James David Shriver, 39, of 1006 Eastwood Drive, Fairmont, guilty of four counts of criminal conspiracy to commit burglary, five counts of criminal conspiracy, six counts of theft by unlawful taking, criminal trespass, conspiracy to commit criminal trespass, four summary violations of criminal mischief and one summary violation of conspiracy to commit criminal mischief.
Shriver, however, was found not guilty on two burglary charges based on testimony he did not enter the residences. His convictions stem from break-ins at the home of District Judge Lee Watson in Monongahela Township on Jan. 6; David and Tammy Hopkins, 709 Hunters Ridge Road, Dunkard Township, May 27; and Randall and Melody Kennedy, 1192 Golden Oaks Road, Holbrook, July 7.
He was acquitted of burglarizing the home of Carl and Valerie Brooks, Franklin Township, and Johnna Geisel, Dunkard Township, but he was found guilty of related charges stemming from these two incidents.
Shriver was arrested by Marion County Sheriff’s Deputies in Fairmont, W.Va., July 8, 2011, after he was implicated in the burglaries by Richard Vanpelt, 40, of Route 2, Fairmont. Vanpelt testified against Shriver, who also took the stand in his own defense.
Testifying during the two-day trial before Judge Farley Toothman were law enforcement officers from West Virginia and Pennsylvania, victims of the burglaries and the former employer of Shriver and Vanpelt.
In their closing arguments, Greene County District Attorney Marjorie Fox and defense attorney David Russo painted very different images for the jury. Russo characterized his client as a “patsy” and a “sacrificial lamb.” He said Vanpelt, as the mastermind behind the burglaries, had pulled the wool over people’s eyes. Russo said Shriver was dependent on Vanpelt for getting him his job and transporting him to and from work daily. Russo suggested the Marion County Sheriff’s Department deputies “coddled” Vanpelt because his brother had been in law enforcement there, and the PA state police officers on the case had “followed” the lead of Marion County officers.
“James Shriver was a patsy. It is the way the evidence points,” Russo said. “He became dependent on and had to succumb to the whims of Mr. Vanpelt.”
Fox countered by reading a statement given by Shriver to a Marion County sheriff’s deputy where Shriver admitted the two had broken into homes where they stole televisions, jewelry and more to be sold for pills and cocaine.
“Mr. Russo wants you to believe Mr. Shriver is a victim of peer pressure. Maybe that’s an excuse you’d accept from a 5 year old, that it was his idea, it wasn’t mine,” Fox said. “However, he’s a grown man. Whose idea was it? It doesn’t matter. He was a participant.”
Fox added that both men had participated and both had benefited.
“They both reaped the benefit of buying drugs to feed their drug habits,” she said. “Maybe Mr. Vanpelt is a chump for sitting up here and baring his soul, telling you about these things like ‘I’m a drug addict. I stole. I’m ashamed of what I did. I’m sorry.’ Maybe, for taking responsibility for what he did, maybe, this is the first unofficial step to recovery.”
Fox turned to Shriver and said, “You can’t escape responsibility Mr. Shriver. You’re just as culpable as your co-defendant.”
Listening to testimony from the gallery of the courtroom and testifying himself, Vanpelt was not present when the jury’s verdict was read. Vanpelt cried softly throughout the trial as he testified and listened to burglary victims and Shriver give testimony, often looking to his wife, who was seated a few feet from him.
After the jury returned with its verdict, Toothman revoked Shriver’s bail and remanded him to the county jail. Sentencing was deferred pending a presentence investigation.
Vanpelt is scheduled to be sentenced at 10 a.m. Thursday. The Commonwealth is recommending he receive 2-to-10-years in prison.