Supreme Court upholds ruling in rail trail assault case

The West Virginia Supreme Court of Appeals has upheld the conviction of a Fayette County man convicted of the 2014 attack on the White Oak Rail Trail in Oak Hill.

After a three-day trial in 2015, a jury found Thomas G. Carter Jr. guilty of robbery, kidnapping, first degree sexual assault and first degree sexual abuse.

Carter attacked the female victim June 14, 2014, as she was jogging on the trail. He pulled her off the trail and into the woods, taking her cell phone during the struggle.

Carter tied the victim to a tree using rope and tape, then sexually assault her. He left her bound and gagged and threatened to kill her when he returned, but the victim was able to free herself. She fled naked through a thicket of briars to a nearby home for help.

In Carter’s appeal to the Supreme Court, his counsel argued Fayette County Circuit Court erred in allowing certain photographs to be admitted at trial, as well as denying Carter’s motions for an acquittal of the robbery and kidnapping charges.

The Supreme Court, finding no substantial question of law and no prejudicial error, affirmed the lower court’s decision.

Carter was sentenced to life in prison for kidnapping, as well as 50 years for robbery, 15 to 35 years for first degree sexual assault and one to five years for sexual abuse.

— Email: wholdren@register-herald.com and follow on Twitter @WendyHoldren

Article source: Supreme Court

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