Coonrod found guilty of first-degree involuntary manslaughter; sentenced to 20 years WATCH THE VIDEO
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Brandy Chandler-brandychandler@gmail.com
Wesley Coonrod has been sentenced to 20 yeas in prison after he was found guilty Monday on two charges of involuntary manslaughter, felonies of the first degree, in the deaths of his sons Thomas and Stephen.
He was immediately sentenced to 20 years in prison by Highland County Common Pleas Court Judge Rocky Coss, who told Coonrod that the court has not seen him take responsibility for the deaths of his sons.
Coss told that defendant that most parents would die for their children.
"Not only did you not die, trying to save your children, you didn't even try," Coss said. "It appears to the court you did nothing ... You failed to protect your children. You say your children were your life ... There was also a lot of beer in yoru life."
The jury informed the court just before 3 p.m. that they had reached a verdict. They had been deliberating since 10 a.m., when one juror was excused and replaced by an alternate.
Coonrod, 43, of Greenfield, was found guilty in October in Highland County Common Pleas Court on two counts of felony endangering children. He had faced aggravated murder charges with death penalty specifications stemming from a March 7 fire in his apartment at 150 A Lafayette Street in Greenfield, during which his sons Thomas, 4, and Stephen, 3, were killed. The jury was unable to reach a verdict on the aggravated murder charges, two charges of murder with lesser charges of manslaughter and reckless homicide, and aggravated arson. The state did not seek to retry him on the aggravated murder charges, so he did not face the death penalty in the second trial. The trial was moved to Pickaway County in so that a jury could be more easily seated than in Highland County.
When Coss read the verdicts on Monday, Coonrod clasped his hands and let out a sigh as the "not guilty" verdicts on the two murder charges, felonies of the first degree, and aggravated arson, a felony of the third degree.
When Coss read the to guilty verdicts, on the two charges of -degree-felony involuntary manslaughter, Coonrod's expression did not change. Felicia Eliot, Coonrod's ex-wife, and the mother of Thomas and Stephen could be heard crying, and one juror openly cried and wiped tears from her eyes as the verdicts were read.
Following a short recess, the court immediately proceeded to sentencing.
Coss said that the Supreme Court ruled in December that charges of endangering children and involuntary manslaughter were "same and similar" when involving the same victims, and that there would not be consecutive sentences for the separate charges. Coss asked Highland County Prosecutor Jim Grandey which charges the state elected Coonrod to be sentenced on, and Grandey said the involuntary manslaughter. The defense had no objection.
Elliott asked Barb Shoemaker, of the Highland County Victim/Witness Protection Agency, to read a statement she had written.
"Today and for the rest of my life, I am mourning the loss of my two precious boys," Shoemaker said, reading Elliott's words. "There is not a day that goes by that I do not visualize them laughing and playing together. Because of your irresponsibility, selfishness, and your lack of parental guidance, I will never be able to hold them, hug them, kiss them goodnight, or watch them grow into men. You took everything away from me."
Many jurors, who had been excused from their service to the court, remained in the courtroom to hear sentencing. Many of them were in tears, and several could be seen comforting each other with hugs as they listened to the proceedings.
"March 7, 2010 was the worst day of my life," Shoemaker read. "We will not be able to watch them start their first day of school, first kiss, first heartbreak, prom, graduation. Everything you look forward to as a parent has been taken away. My kids lost their little brothers. They don't understand. How do you explain to my kids why they cannot take their Christmas presents or birthday presents to them. December 2010 was really hard on me and the kids. We had to go to the gravesite and look at the concrete stone to celebrate Christmas with them. How do you explain to a 7-, 9-, and 11-year-old? When the call came in, my 9-year-old couldn't understand. He asked, 'Why them?' as he cried. He asked, 'Can I give them my heart?' or if Jesus would take him instead of them. You didn't only take the lives of our boys, but you have destroyed the lives of my children. You have affected my family and yours. Our precious babies meant the world to your mom, brothers, sisters, as well as mine. Your mom can no longer look out the window and see them running to her door. You have destroyed so many lives forever."
Coonrod did not react as his ex-wife asked that the court sentence him to the maximum sentence.
"Your honor," Shoemaker read, "I asked that since a guilty verdict has been rendered that the defendant receive the maximum sentence. He should wake up and go to bed every day thinking about what he did to myself, my children, and both of our families. We have to live every day of our lives without seeing their precious faces or hearing their little voices. He should have to sit in prison and fight for his life as my babies fought for theirs on that early morning on March 7, 2010. He stood there and did nothing. So, as he screams out for mercy on his life, we should ignore his cries, as he did theirs."
Grandey also asked the court that Coonrod receive the maximum sentence.
"Two little boys, age 3 and 4, lost their lives because of his inaction, and his refusal to take any responsibility," Grandey said.
Defense attorney William Mooney told the court that two juries have not found Coonrod to be guilty of murder or aggravated arson, and noted that Coonrod was on disability at the time, and has been declared legally blind.
"One thing is clear from the two trials," Mooney said. "Wesley did nothing purposefully to harm these boys. If he's guilty of anything, it is of being physically limited."
Coonrod also addressed the court, crying, saying that he could not believe the outcome of the verdicts, and that his children were his life, and asking "How am I guilty of anything?"
"Your honor, I done lost both my boys, and I ain't got no life," Coonrod said. "They was my life. I suffer every day for my kids. I didn't do nothing to harm my kids. I would never do nothing to harm my kids. These accusations ... I don't know. I couldn't get in to save my kids. Them other people couldn't get in to save my kids, so I'm standing here before you, at the mercy of the court, and I'm wondering, 'How am I guilty of anything?' These people couldn't get in when I couldn't get in. I don't know. It's unbelievable. I'm just begging, at the mercy of the court. I'm speechless.
"My ex-wife, she knows good and well that them kids was my life," Coonrod said. "There wasn't nothing in this world I wouldn't do to protect them. I'd protect them any which way. But on that night, I couldn't protect 'em good enough. I couldn't save my sons. And that's all I got to say."
Coss told Coonrod that in the court's estimation, he watched, doing nothing, as strangers attempted to save his children. During the trial, witnesses testified that Coonrod did not tell rescuers where the children were, and that the only words he spoke were to ask for a cigarette.
Through the course of the two trials, Coss said, one of the things noted by the court was, "your refusal to take any responsibility for your children's deaths. Most parents, including myself, when children are harmed - even if it was an accident - they blame themselves for not having foreseen that there was a risk or that they didn't do a good enough job to educate them, or to watch them. I hear nothing from you, other than the fact of how hard this has been on you. I have heard nothing in any of the testimony you have given in either trial about the children suffering. This case has been all about you. You and how you have suffered because your children died. I have heard nothing about your children screaming during that fire."
Coss noted that Coonrod's testimony in the second trial was "much greater" than the emotion he showed during the first trial. When Coonrod testified on Jan. 28, he laid his head down on the witness stand and wept. Coss said the only emotion during witness testimony was when the defendant watched his family members on the stand and they spoke about his reaction to the children's passing at the hospital.
"It didn't seem to me, as I watched, that listening to the testimony of those witnesses talking about your children screaming, you showed any emotion from it," Coss said. "The fact is, verdicts from both juries say that you are responsible. You failed in your duty to protect your children. A parent takes on a duty, not only to clothe and feed and house their children, but to protect them. Not only from others, but from themselves. In this case, you failed miserably in that. I know you talk about how the kids were your life. I've heard a lot of testimony that there was also a lot of beer in your life."
Coss said the court had the impression that a lot of the care of the children was being done by Coonrod's family members. Additionally, Coss said that if the defense's allegations were true, and the either Thomas or Stephen started the fire, and had previously displayed a curiosity toward fire, Coonrod had a responsibly to keep cigarette lighters away from them.
"Everybody in the family, and you most of all, should have been doing something about it," Coss said. "And you didn't."
Coss said that regarding Coonrod's conduct during the fire, he was very aware of what he didn't hear from the defendant.
"I didn't hear, 'Lord, help me, I couldn't seen, I couldn't do anything.' What did you testify to? You said you tried your best," Coss said.
The judge said that if Coonrod had tried his best, he would have suffered more injuries than a burnt hand. Coss said "it would seem reasonable to the court" Coonrod should have had a broke foot if he really had tried to kick in the door, broken fingers from trying to punch in the windows, or had been covered in soot from the smoke. He also noted that a neighbor - who did not personally know the Coonrod family - suffered smoke inhalation and a severed artery going through a broken window to try to save the kids.
"This trial you claim that you tried to go through the front door and Jimmy Dale Dunn tackled you," Coss said. "Jimmy Dale Dunn didn't testify to that. You try to describe yourself as a hero. You didn't, in the court's estimation, you didn't do anything.
"I think that almost every parent that I know would say that they would give their life for their children," Coss said. "And I agree, in closing arguments, (defense attorney) Mr. (Jerry) McHenry said we don't know until we're there. But not only did you not die for your children - which I think every parent should do if necessary to save their lives, or die trying - you didn't even try. You stood there ... I don't know if you were drunk or hung over from your drinking, but the next afternoon when the fire marshal came to your sister's in Belfast, you're not grieving, you're not sleeping. You're drinking a 40 ounce beer. You asked for a cigarette at the scene."
Coss said the witnesses from the scene who testified had no reason to lie.
"They all tried to save your kids. They all worked very hard and some of them risked their lives," Coss said. "They did everything that they could. It appears to the court that you did nothing. And the court believes that the evidence is overwhelming that you violated your duty of care and protection of your children ... It doesn't matter why the fire was started or how it was started, you as their parent had a duty to save them, or prevent it from happening, if it was their fault. And you failed.
"Based upon these circumstances, based upon the evidence of both trials, the court finds this is the worst form of the offense, two young boys having died in this fire," Coss said.
Coonrod was sentenced to 10 years in prison for each count of involuntary manslaughter, to be served consecutively, for a total of 20 years, at the Corrections Reception Center in Orient.
The defense has 30 days from the date the sentencing entry is filed to file an appeal.
Coonrod told the court he wanted the appeals process to being immediately.
Mooney said that it is his firm's policy that they do no represent defendants on appeal, but that they could file the paperwork to get the process started. Coss said that he would appoint new counsel for the appellate process. Because the case had been transferred to Pickaway County, all court filings will take place in that county's clerk of courts office, which is in the Fourth District Court of Appeals with Highland County.
Coonrod was placed in handcuff in the courtroom. He has been in custody since March 7 and will be given jail time credit for time served.
Coss noted for the court that the reason the juror was dismissed Monday morning, was that the juror had informed the other jurors that a "similar situation" had occurred in her family regarding children and a fire, which had not been disclosed in jury selection. Coss said he researched the issue over weekend. The jurors indicated that they could not reach a decision due to that juror's emotional involvement with the case. Coss said that juror was not dismissed so the jury could make a decision, rather because the information had not been disclosed. Other potential jurors had been dismissed for similar issues, that juror did not indicate the experience during the voir dire process.
Following court proceedings, Felicia Elliott addressed members of the media that while she wishes Coonrod had been convicted on the murder charges, "some justice was served, and God will serve the rest of the justice when his day comes. My kids missed out on their wholes lives. When I let the kid live with him, I thought I was doing what was best for my kids, as a mother. And now I regret that every day of my life."
Highland County Prosecutor Jim Grandey said, "Obviously we still feel that he set the fire, and after talking to the jury and understanding where they're coming from, it's a verdict we can accept, and understand. From day one our focus on this case has been to do justice for Thomas and Stephen. I believe that has been accomplished. That has been the crux of this from day one, little Thomas and Stephen."
Wesley Coonrod has been sentenced to 20 years in prison after he was found guilty Monday on two counts of involuntary manslaughter, felonies of the first degree, in the deaths of his sons Thomas and Stephen.
He was immediately sentenced to 20 years in prison by Highland County Common Pleas Court Judge Rocky Coss, who told Coonrod that the court has not seen him take responsibility for the deaths of his sons.
Coss told the defendant that most parents would die for their children.
"Not only did you not die, trying to save your children, you didn't even try," Coss said. "It appears to the court you did nothing ... You failed to protect your children. You say your children were your life ... There was also a lot of beer in your life."
The jury informed the court just before 3 p.m. that they had reached a verdict. They had been deliberating since 10 a.m., when one juror was excused and replaced by an alternate.
Coonrod, 43, of Greenfield, was found guilty in October in Highland County Common Pleas Court on two counts of felony endangering children. He had faced aggravated murder charges with death penalty specifications stemming from a March 7 fire in his apartment at 150 A Lafayette Street in Greenfield, during which his sons Thomas, 4, and Stephen, 3, were killed. The jury was unable to reach a verdict on the aggravated murder charges, two charges of murder with lesser charges of manslaughter and reckless homicide, and aggravated arson. The state did not seek to retry him on the aggravated murder charges, so he did not face the death penalty in the second trial. The trial was moved to Pickaway County in so that a jury could be more easily seated than in Highland County.
When Coss read the verdicts on Monday, Coonrod clasped his hands and let out a sigh as the "not guilty" verdicts were read on the two murder charges, felonies of the first degree, and aggravated arson, a felony of the third degree.
When Coss read the two guilty verdicts, on the two charges of first-degree-felony involuntary manslaughter, Coonrod's expression did not change. Felicia Eliot, Coonrod's ex-wife, and the mother of Thomas and Stephen could be heard crying, and one juror openly cried and wiped tears from her eyes as the verdicts were read.
[[In-content Ad]] Following a short recess, the court immediately proceeded to sentencing.
Coss said that the Supreme Court ruled in December that charges of endangering children and involuntary manslaughter were "same and similar" when involving the same victims, and that there would not be consecutive sentences for the separate charges. Coss asked Highland County Prosecutor Jim Grandey which charges the state elected Coonrod to be sentenced on, and Grandey said the involuntary manslaughter. The defense had no objection.
Elliott asked Barb Shoemaker, of the Highland County Victim/Witness Program, to read a statement she had written.
"Today and for the rest of my life, I am mourning the loss of my two precious boys," Shoemaker said, reading Elliot's words. "There is not a day that goes by that I do not visualize them laughing and playing together. Because of your irresponsibility, selfishness, and your lack of parental guidance, I will never be able to hold them, hug them, kiss them good night, or watch them grow into men. You took everything away from me."
Many jurors, who had been excused from their service to the court, remained in the courtroom to hear sentencing. Many of them were in tears, and several could be seen comforting each other with hugs as they listened to the proceedings.
"March 7, 2010 was the worst day of my life," Shoemaker read. "We will not be able to watch them start their first day of school, first kiss, first heartbreak, prom, graduation. Everything you look forward to as a parent has been taken away. My kids lost their little brothers. They don't understand. How do you explain to my kids why they cannot take their Christmas presents or birthday presents to them. December 2010 was really hard on me and the kids. We had to go to the gravesite and look at the concrete stone to celebrate Christmas with them. How do you explain to a 7-, 9-, and 11-year-old? When the call came in, my 9-year-old couldn't understand. He asked, 'Why them?' as he cried. He asked, 'Can I give them my heart?' or if Jesus would take him instead of them. You didn't only take the lives of our boys, but you have destroyed the lives of my children. You have affected my family and yours. Our precious babies meant the world to your mom, brothers, sisters, as well as mine. Your mom can no longer look out the window and see them running to her door. You have destroyed so many lives forever."
Coonrod did not react as his ex-wife asked that the court sentence him to the maximum sentence.
"Your honor," Shoemaker read, "I asked that since a guilty verdict has been rendered that the defendant receive the maximum sentence. He should wake up and go to bed every day thinking about what he did to myself, my children, and both of our families. We have to live every day of our lives without seeing their precious faces or hearing their little voices. He should have to sit in prison and fight for his life as my babies fought for theirs on that early morning on March 7, 2010. He stood there and did nothing. So, as he screams out for mercy on his life, we should ignore his cries, as he did theirs."
Grandey also asked the court that Coonrod receive the maximum sentence.
"Two little boys, ages 3 and 4, lost their lives because of his inaction, and his refusal to take any responsibility," Grandey said.
Defense attorney William Mooney told the court that two juries have not found Coonrod to be guilty of murder or aggravated arson, and noted that Coonrod was on disability at the time and has been declared legally blind.
"One thing is clear from the two trials," Mooney said. "Wesley did nothing purposefully to harm these boys. If he's guilty of anything, it is of being physically limited."
Coonrod also addressed the court, crying, saying that he could not believe the outcome of the verdicts, and that his children were his life, and asking "How am I guilty of anything?"
"Your honor, I done lost both my boys, and I ain't got no life," Coonrod said. "They was my life. I suffer every day for my kids. I didn't do nothing to harm my kids. I would never do nothing to harm my kids. These accusations ... I don't know. I couldn't get in to save my kids. Them other people couldn't get in to save my kids, so I'm standing here before you, at the mercy of the court, and I'm wondering, 'How am I guilty of anything?' These people couldn't get in when I couldn't get in. I don't know. It's unbelievable. I'm just begging, at the mercy of the court. I'm speechless.
"My ex-wife, she knows good and well that them kids was my life," Coonrod said. "There wasn't nothing in this world I wouldn't do to protect them. I'd protect them any which way. But on that night, I couldn't protect 'em good enough. I couldn't save my sons. And that's all I got to say."
Coss told Coonrod that in the court's estimation, he watched, doing nothing, as strangers attempted to save his children. During the trial, witnesses testified that Coonrod did not tell rescuers where the children were, and that the only words he spoke were to ask for a cigarette.
Through the course of the two trials, Coss said, one of the things noted by the court was, "your refusal to take any responsibility for your children's deaths. Most parents, including myself, when children are harmed - even if it was an accident - they blame themselves for not having foreseen that there was a risk or that they didn't do a good enough job to educate them, or to watch them. I hear nothing from you, other than the fact of how hard this has been on you. I have heard nothing in any of the testimony you have given in either trial about the children suffering. This case has been all about you. You and how you have suffered because your children died. I have heard nothing about your children screaming during that fire."
Coss noted that Coonrod's testimony in the second trial was "much greater" than the emotion he showed during the first trial. When Coonrod testified on Jan. 28, he laid his head down on the witness stand and wept. Coss said the only emotion during witness testimony was when the defendant watched his family members on the stand and they spoke about his reaction to the children's passing at the hospital.
"It didn't seem to me, as I watched, that listening to the testimony of those witnesses talking about your children screaming, you showed any emotion from it," Coss said. "The fact is, verdicts from both juries say that you are responsible. You failed in your duty to protect your children. A parent takes on a duty, not only to clothe and feed and house their children, but to protect them. Not only from others, but from themselves. In this case, you failed miserably in that. I know you talk about how the kids were your life. I've heard a lot of testimony that there was also a lot of beer in your life."
Coss said the court had the impression that a lot of the care of the children was being done by Coonrod's family members. Additionally, Coss said that if the defense's allegations were true, and that either Thomas or Stephen started the fire, and had previously displayed a curiosity toward fire, Coonrod had a responsibility to keep cigarette lighters away from them.
"Everybody in the family, and you most of all, should have been doing something about it," Coss said. "And you didn't."
Coss said that regarding Coonrod's conduct during the fire, he was very aware of what he didn't hear from the defendant.
"I didn't hear, 'Lord, help me, I couldn't see, I couldn't do anything.' What did you testify to? You said you tried your best," Coss said.
The judge said that if Coonrod had tried his best, he would have suffered more injuries than a burnt hand. Coss said "it would seem reasonable to the court" Coonrod should have had a broken foot if he really had tried to kick in the door, broken fingers from trying to punch in the windows, or had been covered in soot from the smoke. He also noted that a neighbor - who did not personally know the Coonrod family - suffered smoke inhalation and a severed artery going through a broken window to try to save the kids.
"This trial, you claim that you tried to go through the front door and Jimmy Dale Dunn tackled you," Coss said. "Jimmy Dale Dunn didn't testify to that. You try to describe yourself as a hero. You didn't, in the court's estimation, you didn't do anything.
"I think that almost every parent that I know would say that they would give their life for their children," Coss said. "And I agree, in closing arguments, (defense attorney) Mr. (Jerry) McHenry said we don't know until we're there. But not only did you not die for your children - which I think every parent should do if necessary to save their lives, or die trying - you didn't even try. You stood there ... I don't know if you were drunk or hung over from your drinking, but the next afternoon when the fire marshal came to your sister's in Belfast, you're not grieving, you're not sleeping. You're drinking a 40-ounce beer. You asked for a cigarette at the scene."
Coss said the witnesses from the scene who testified had no reason to lie.
"They all tried to save your kids. They all worked very hard and some of them risked their lives," Coss said. "They did everything that they could. It appears to the court that you did nothing. And the court believes that the evidence is overwhelming that you violated your duty of care and protection of your children ... It doesn't matter why the fire was started or how it was started, you as their parent had a duty to save them, or prevent it from happening, if it was their fault. And you failed.
"Based upon these circumstances, based upon the evidence of both trials, the court finds this is the worst form of the offense, two young boys having died in this fire," Coss said.
Coonrod was sentenced to 10 years in prison for each count of involuntary manslaughter, to be served consecutively, for a total of 20 years, at the Corrections Reception Center in Orient.
The defense has 30 days from the date the sentencing entry is filed to file an appeal.
Coonrod told the court he wanted the appeals process to begin immediately.
Mooney said that it is his firm's policy that they do no represent defendants on appeal, but that they could file the paperwork to get the process started. Coss said that he would appoint new counsel for the appellate process. Because the case had been transferred to Pickaway County, all court filings will take place in that county's clerk of courts office, which is in the Fourth District Court of Appeals with Highland County.
Coonrod was placed in handcuffs in the courtroom. He has been in custody since March 7 and will be given jail time credit for time served.
Coss noted for the court that the reason the juror was dismissed Monday morning, was that the juror had informed the other jurors that a "similar situation" had occurred in her family regarding children and a fire, which had not been disclosed in jury selection. Coss said he researched the issue over weekend. The jurors indicated that they could not reach a decision due to that juror's emotional involvement with the case. Coss said that juror was not dismissed so the jury could make a decision, rather because the information had not been disclosed. Other potential jurors had been dismissed for similar issues, but that juror did not indicate the experience during the voir dire process.
Following court proceedings, Felicia Elliot addressed members of the media that while she wishes Coonrod had been convicted on the murder charges, "some justice was served, and God will serve the rest of the justice when his day comes. My kids missed out on their whole lives. When I let the kids live with him, I thought I was doing what was best for my kids, as a mother. And now I regret that every day of my life."
Highland County Prosecutor Jim Grandey said, "Obviously we still feel that he set the fire, and after talking to the jury and understanding where they're coming from, it's a verdict we can accept, and understand. From day one, our focus on this case has been to do justice for Thomas and Stephen. I believe that has been accomplished. That has been the crux of this from day one, little Thomas and Stephen."