BECKLEY, W.Va. — The man who hit a Beckley Police officer with an ATV on July 4, 2016, was sentenced to the maximum time behind bars Thursday in Raleigh County Circuit Court.
Timothy Howard II, 26, of Beckley, was riding the machine illegally along East Prince Street when Beckley Police Cpl. William Gravely attempted to stop him. Cpl. Gravely stepped out of his patrol car and began walking toward Howard to talk to him. Howard steered the ATV toward the officer and sped up until crashing into him.
Police later determined Howard was under the influence of alcohol at the time of the incident and had marijuana in his possession.
Howard entered a Kennedy plea to the charges of Assault on a Member of Government and Attempted First Degree Murder on July 17. A Kennedy Plea means he does not admit guilt, but knew he would not be successful in a trial.
Raleigh County Prosecuting Attorney Kristen Keller was at Thursday’s sentencing on behalf of Cpl. Gravely. The officer was unable to attend due to his injuries sustained in the incident. Keller indicated that since that night, Cpl. Gravely has had several surgeries and was recently informed he will need a complete ankle replacement. He still has trouble walking even with assistance. Cpl. Gravely now works in the department’s office.
“You take for granted the ability to walk or run until that ability is taken away from you”, Keller said reading Cpl. Gravely’s victim impact statement. “As the man of the household, it’s hard to look out the window and see my wife and co-workers mowing the lawn because I can’t walk, even on crutches.”
Keller further explained that Howard should consider himself lucky given the circumstances of the situation.
“Legally, this police officer had the right to use deadly force. Officer Gravely and the Beckley Police Department should be commended for the restraint shown…and the defendant should be extremely grateful.”
Howard appeared remorseful while reading his statement to the court.
“I am 26-years-old and still learning life,” Howard said. “I know and understand that I am old enough to know better, but I failed to do so. For this, I am paying the price.”
Howard’s lawyer, Robert Dunlap, asked the court to consider that Cpl. Gravely did not use his vehicle’s emergency lights while driving up to him. Dunlap said Howard did not know it was a police vehicle until Cpl. Gravely stepped out of the vehicle. Judge H.L. Kirkpatrick III later refuted Dunlap’s point.
“Looking at the video we’ve reached no other conclusion than to know Mr. Howard made a conscious decision that day to violently harm Cpl. Gravely.”
Judge Kirkpatrick delivered the maximum sentence to Howard Thursday. He faces no more than 15 years for Assault on a Member of Government and another maximum of 15 years for Attempted First Degree Murder. Both sentences will run consecutively. Howard is also responsible for paying all court costs.
Two misdemeanor charges of Leaving the Scene of an Accident with Property Damage and Injury were previously dismissed.