Hummel Sentences Floyd
BY AMY WITSCHEY, Editor
A Smithfield woman was sentenced to one to five years in the West Virginia Penitentiary for Women Monday after she pleaded guilty to one count of third-offense domestic battery.
Judge David W. Hummel Jr. handed the sentence to Dana Jean Floyd, 36, of Pricetown Road (P.O. Box 55), while warning her about the consequences of recidivism. She was given credit for the 96 days she has served after her arrest on a capias warrant for failing to appear in court on Sept. 17.
Under Rule 35, Floyd’s attorney, Jeremiah Gardner, may file for a reduction in sentence that would allow her to serve the minimum sentence and one year probation concurrently. However, if Floyd has any write-ups or other problems while incarcerated, the reduced sentence could be denied.
There was no restitution to be paid in this case as the victim did not require medical treatment.
Prosecutor Timothy Haught explained that Natasha McMasters called the Wetzel County Sheriff’s Department to the Floyd residence on Aug. 11. “She stated Ms. Floyd came home drunk and punched her in the face,” said Haught.
When Deputy Randy Adams arrived, Floyd was passed out in a chair with a can of beer. McMasters also reported that her two-month old child was also struck, but the Adams did not observe any injury.
When asked to explain why she was guilty, Floyd said, “I did slap Ms. McMasters up side the face.”
A motion to dismiss count two of the indictment, also for third-offense domestic battery involving the infant, was granted.
Floyd was previously convicted in Wetzel County Magistrate Court on Sept. 27, 2001, and Aug. 6, 2004, of domestic battery.