Moatsville, West Virginia woman receives maximum prison sentence in shooting death of husband

This is the second prison sentence received by Reed, who had previously been found guilty of second-degree murder and was sentenced to 40 years in prison. The case was appealed to the West Virginia Supreme Court of Appeals, with the justices reversing and remanding the case.

Citing a risk for a hung jury, the special prosecutor for the case, Michael Parker, entered into the plea agreement with Reed, noting that Fagons’ family was not in agreement with the terms.

A key caveat to the plea was that Reed waived her right to accept parole without serving at least one-third of the sentence handed down by the court. The deal states that all parties expressly agree to a sentence enhancement set forth in West Virginia State Code §62-12-13 because the crime was committed by the use of a firearm.

Furthermore, the agreement noted that the state will make no recommendations for parole and that it would be the maximum penalty of 15 years in prison.

Nines clarified that state code says that only three years of a sentence would have to be served. However, the plea agreement stipulated that it must be one-third of the sentence served before Reed would be parole eligible.

Reed’s post-conviction home incarceration bond was allowed to continue until sentencing.

During a sentencing hearing Thursday morning in Taylor County Circuit Court, the defense team of Hunter Mullens and Brian Matko petitioned the court to not only credit her for time already served, but also hand down an alternative sentence for Reed to allow her to integrate back into society.

“This is a tragedy. It is very tragic for the Fagons family,” Mullens said. “Nothing can bring Marcus back, and all we can do is move forward.”

The defense called two witnesses, probation officer Justin Carter, who testified that Reed had no issues while serving on her post-conviction bond, and Dr. David Clayman, a clinical and forensic psychologist who said Reed’s record had been the cleanest he had ever seen.

After thoroughly investigating various documents and interviewing Reed in person, Clayman said he found her to have a low risk to re-offend.

“Ms. Reed currently sees a therapist every other week, and that simply isn’t adequate in this case,” he said. “It would be my recommendation that, should the court allow it, she be placed back on home confinement with the ability to step down slowly from restrictions, and she see her therapist every week as she works to reintegrate back into society.”

Mullens echoed that recommendation when it came to sentencing, petitioning the court for a year of home incarceration with the ability to slowly lift restrictions to allow her to rejoin society.

“Either way, she is going to go back out into society, so we have to figure out what is best for her and for the Barbour County community,” he said. “Allowing her to continue on home confinement so that the can continue her treatment is the best option.”

Fagons’ mother and sister asked the court to sentence Reed to the maximum prison sentence.

“You will have a chance to continue on with your life after this is done,” said Fagons’ mother. “That is something my son will never get to do, because you decided to take his life.

“Who is to say she won’t lose control and do it again? I am begging [the court] to please give her the maximum sentence possible.”

Fagons’ sister noted that her brother would never get to see his children grow up, and his family would never get to hear his laugh or talk to him again.

“We will forever sit at a tombstone, praying that Marcus is watching over us as we grieve a person who was selfishly taken from us,” she said. “We are suffering the consequences of your actions.”

Parker told the court that the state stood firm on the recommendation of the 15-year sentence, as this was a case in which punishment must be handed down.

“A man needlessly lost his life — a father, a son and brother,” he said. “All because of Ms. Reed’s actions. We are asking for the maximum 15-year sentence. That would be the state’s prayer.”

Nines, representing the 19th Circuit of Taylor and Barbour counties, noted that the plea, while ultimately accepted, was one that the court had to “hold its nose to accept.”

“This was a very favorable plea agreement for you,” he said. “You received substantial consideration and a great reduction of risk to you as far as sentencing. But this court is not in favor of giving you any more consideration.

“The grief of the Fagons family is at the forefront of this court’s mind. They will not have closure, and they will never get over this. You will have opportunities in life when this is all said and done, and Marcus will not. There is a price to pay in this.”

Nines ordered that Reed would serve 15 years in prison for her actions, and that she would receive no credit for time served while on post-conviction bond.