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Posted: 5:08 p.m. Thursday, Nov. 29, 2012

Judge suspends prison sentence for man who fractured another’s skull after victim fails to testify

NEWS9
NEWS9

By Kelly Camarote and  NEWS9

BROOKE COUNTY, W.Va. —

A Brooke County judge has suspended a prison sentence for a man who struck another man with a rock, causing a major skull fracture.

Judge Ronald Wilson suspended a one- to five-year prison sentence for David Minger, of Weirton. Now, Minger will be on two years probation and the first year he will remain on house arrest.

Minger pleaded guilty to an incident that started as a child custody argument between Minger's current wife and his ex-wife. The argument escalated and grew to include Minger and another man.

When the victim turned to get into a car, Minger hit the man in the back of the head with a rock, causing what officials said was a major skull fracture.

Court officials said they tried to contact the victim, but he didn't show up for court.

The judge said Minder will be permitted to attend anger control sessions at HealthWays, but he must go directly to and from his sessions.

"He has to understand he will report directly to those sessions and return directly home after finished. No side trips," Wilson said.

The judge said the fact that the victim did not address the court on Thursday factored into Minger's sentence.


"Any role that the victim played in this incident are factors that the court considers. … There is no reason that the victim should not have responded to the questionnaire that was addressed to him concerning his position on this matter," Wilson said.

The judge could have also fined Minger, but he chose not to do that.

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