CLAY COUNTY SHERIFF ON WARPATH - Holcomb Says He's Suspending Home Confinement After Bond Was Posted

(05/14/2011)
Clay County Sheriff Randy Holcomb is on the warpath with the judicial system, following the release of Brent Boggs from Central Regional Jail.

Holcomb is suspending the county's home confinement program, a situation some officials are saying is not in his purview.

He has sent a letter to Judges Jack Alsop and Richard Facemire, saying, "It is the intention of the Sheriff of Clay County to suspend any new hookups."

Brent Boggs was arrested by WV State Police after he allegedly attempted to hire troopers to kill a former business partner.

Boggs was initially arrested and released on bond and placed on home confinement. He was jailed a second time for what Sheriff Holcomb says was a violation of his home confinement, and released on bond again.

Holcomb told WSAZ-TV there is no point of having home confinement when suspects can just cut off their tracking devices.

Clay authorities are questioning whether or not Boggs actually violated home confinement rules.

Clay County Assistant Prosecutor Daniel Dotson says it's not that clear cut.

"Based on federal laws that deal with when a prisoner is actually in custody," Dotson said, "being on home confinement in lieu of bond is not a custodial situation."

Dotson said he did not submit any evidence in the case, forcing a Clay magistrate to have to throw out the felony charges (home confinement breach) against Boggs.

Officials indicated the setting of a bond and complying to the terms of a bond to be released is guaranteed by constitutional law. Boggs met the bonding requirements.

Daniel Kessler, the Kanawha County businessman who was the target of the alleged murder-for-hire plot, says he and his family are now fearing for their lives.

"I just want to know what we have to do to have me and my family protected?" Kessler told state media.

After being called by Sheriff Holcomb, Kessler told WSAZ-TV that he was visibly shaken by the situation. He says he now keeps a gun on his side at all times.

Sheriff Holcomb said, "I told him by all means, I'd probably carry two of them."

"Boggs offered troopers money and a vehicle to cut my head off and bring it back in a five-gallon bucket," Kessler said.

Sheriff Holcomb told WSAZ-TV "He [Boggs] has history, bad history. He's a danger to the public, and to the citizens of Clay County." Holcomb said his trust in the Clay prosecutor is gone.

"I don't know what's going on here...If it's payoff, politics... but something is going on," Holcomb told WSAZ-TV.

Holcomb, in his letter to the circuit judges, said he would maintain current home confinement hook-ups until they expired.