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Donald Thomas Boyd was re-sentenced Monday and will continue his sentence of 13 years for aggravated vehicular homicide and two drug offenses.
In 2021, Boyd was tried and found guilty of going left of center and causing the head-on collision on Willow Grove Road in Neffs that took the life of Robert Hartley, 52, of Moundsville, in September 2018.
He was found guilty of first-and-second-degree felony aggravated vehicular homicide, three counts of first-degree misdemeanor operating a vehicle under the influence of drugs, fifth-degree felony aggravated possession of drugs, and fifth-degree felony possession of LSD.
Boyd appeared on video from the Belmont Correctional Institute. The case was heard by Belmont County Common Pleas Judge John Vavra, who noted now-retired judge Frank Fregiato had imposed an indefinite sentence.
"There was some confusion about the correct law to be applied to your sentence," Vavra said. "The (Seventh District) Court of Appeals sent the case back, indicating that it understood you should have been sentenced to what is called an 'indefinite sentence' under what's called the Reagan Tokes Law, however that law went into effect in March of 2019 and your offenses were in August of 2018, and therefore you should not have been sentenced under Reagan Tokes, but you should have had a definite sentence."
Afterward, Belmont County Assistant Public Defender Aaron Miller explained that an indefinite sentence differed from a definite sentence, since an indefinite sentence allowed for the imposition of more time for bad behavior in prison.
Boyd, 63, of Bellaire, spoke, saying he believed his right to a speedy trial had been violated and asked that a more lenient sentence be imposed. He also said after the accident a urine sample was taken from his catheter without his permission or consent, and he was too injured at the time to urinate in a cup.
"It was impossible for me to get out of bed, and he took it wrongfully and I think it violated my rights," Boyd said.
Vavra reimposed the sentence, adding the lifetime suspension of Boyd's driver's license would also continue.
"The court's hands are somewhat tied, to the extent that the Court of Appeals has given a mandate that the sentencing errors be corrected, so that's what we're going to do," Vavra said.
Miller was appointed to represent Boyd for the hearing. Boyd indicated he intended to appeal the proceedings and asked for counsel, since he was indigent. Vavra ordered Miller to prepare the paperwork for Boyd.