CHARLESTON — Kanawha Circuit Judge Joanna Tabit sentenced a man to 40 years in prison for the death of a 29-year-old man outside of a Kanawha City bar in 2018.
Tabit said during the sentencing hearing that it was one of the most difficult things she had to do as a judge to determine appropriate punishments for individuals given a certain set of circumstances.
"I have to consider the ability for the individual to be rehabilitated … everybody is redeemable in some fashion, but there is also some aspect of retribution and deterrence so that when laws are violated this does not happen again," Tabit said during the sentencing. "I can listen to you, I can read the papers in this case, but this case is personified by listening to all of you.
diPiero
"It’s hard and it’s heartbreaking for the Rush family and heartbreaking for the Lucas family to deal with the issues we’re dealing with today, without question."
Tabit said Joseph Gilbert Lucas Jr., 34, had excellent people in his corner, but those people who testified on his behalf had been part of his life for many years and despite their efforts, he had not found his way.
"Despite what it is they do for you, you have to be the one to make the right choices in life," Tabit said. "Sir, you need to appreciate that actions have consequences. … This did not have to happen at all. This was something that could have been completely avoided and I’m not buying that you went back there because you wanted to get with the bartender but it was more than that and I think those actions are indicative of premeditation, of deliberation."
On Sept. 30, 2018, Lucas Jr. shot and killed Timothy Rush outside Gold Dome Bar in Kanawha City. Lucas pleaded guilty to second-degree murder last year.
Tabit said his police reports show a history of criminal activity spanning 15 years in three separate states.
"By age 23 I’m seeing 18 offenses on your adult record," Tabit said. "I believe you were mindful of what you did and your actions were intentional and deliberate. When you went back there you wanted to start something and you did start something. You finished it and as a result, tragically, someone lost their life. As a result, I am going to sentence you to the penitentiary, sir, for a determinate sentence of 40 years with credit for time served, restitution to be paid in the amount of $9,921.89 to the Crime Victims Compensation Fund and $5,000 to Mr. Kenneth Rush."
J. Timothy DiPiero, who was one of the attorneys representing Lucas, said the case was unique.
"I’ve never had a case quite like this, in one sense, where the exposure … he’s clearly exposed by the charges of a life sentence," DiPiero said. "By virtue of the facts, we felt we had a strong case and I doubt we’d be indicted if the grand jury had had all the information, but the Supreme Court kind of changed the rule. And by changing that rule he went from what we thought would be a not guilty verdict to just the mere fact that he had a gun put him in a life sentence situation.
"I’ve never had that quite happen, and that is why we’re so passionate about getting this in front of the Supreme Court."
Kenneth Rush, father of Timothy Dewayne Rush, the victim, said that he trusted Tabit's decision in the case.
"I’m torn up inside over this," Rush said. "The thing is, I’m hurting inside and I’m never going to get to see my son again. Judge, I will leave this in your hands and whatever you chose to do is fine with me."
Lucas's father, Joseph Lucas Sr., said during the sentencing hearing that he was praying for the Rush family.
"I cannot imagine what they’re going through," Lucas Sr. said. "It could’ve been me receiving that call if my son had died in that awful event. That being said, I am absolutely asking that my son would have an opportunity to not only prove that he remorse and that he has wanted another opportunity to make amends and do what he knows is right and get his life back on track. I’m asking for leniency for him. We have a support system for him to get him back on track and live a productive life."
Lucas Jr. also addressed the court, apologizing for his actions.
"I know that Tim was someone's father, son, nephew and brother," Lucas Jr. said. "I have no understanding of what it is to lose someone of that magnitude and I would also want you to know that this was not planned — it was not intentional. There was no hate or malice, for I did not know him. This was a split-second reaction. We got into a stupid altercation which resulted in him getting a little mad and pulling a gun on me."
Lucas Jr. said that scared him in that moment.
"It truly did," Lucas Jr. said. "I know I was not supposed to have a weapon on me that night, but I did and I reached for it and fired. I believe that that same weapon might have and did save my life."
Lucas Jr. said had he not had the weapon, the roles would likely be reversed.
"It could’ve been my family here missing me and he would be in my situation," Lucas Jr. said. "I replay this whole ordeal in my head every night.".
