Shawn Brookins is facing up to five years in prison after pleading guilty to a charge of unlawful assault for hitting his girlfriend's mother in the face with a billiards cue stick.
Brookins, 28, of Dayton entered a Kennedy plea Tuesday before Ohio County Circuit Judge David Sims in conjunction with an agreement drafted by his attorney, Matthew Chapman, and assistant Ohio County Prosecutor Gayle Kahle. Under the Kennedy plea, Brookins did not admit guilt but acknowledged that enough evidence existed for a jury to find him guilty of charges contained in the indictment. He was initially charged with two counts of malicious wounding and one count of domestic battery.
Sims accepted the plea, but deferred sentencing pending completion of a risk assessment report.
Brookins' criminal past includes a 15-year sentence for voluntary manslaughter in Ohio County. He served less than four years of his time before being paroled.
On April 30, 2009, then-Ohio County Circuit Judge Arthur Recht sentenced Brookins to 15 years after he pleaded guilty in the March 2009 shooting death of another Dayton resident, Eric Clayton. Brookins admitted to shooting Clayton in the abdomen while the two were in South Wheeling.
After the shooting, Brookins dropped Clayton off at the Ohio Valley Medical Center, where he died.
West Virginia law provides that inmates incarcerated for a determinant sentence - in this case, 15 years - are eligible for parole after serving one-fourth of the sentence, or, for Brookins, three years, nine months.
The West Virginia Parole Board denied Brookins request Feb. 20, 2012, but granted it a year later, despite a recommendation by Recht in his sentencing report that Brookins serve the full 15 years.
In a separate incident Feb. 20, 2013, Wheeling police charged Brookins with domestic battery, public intoxication and obstructing an officer. In that instance, police allege that Brookins was drunk when he struck a woman in the 800 block of Main Street and then resisted when officers attempted to take him into custody. Those charges were dropped in light of Tuesday's plea.