Shrader gets 19 years

BECKLEY — Nerves were on edge at U.S. District Court in Beckley Thursday morning as counsel for the government and the defense made final arguments before the court pronounced final judgment and brought an end to a case of obsession that spanned nearly four decades.

The court sentenced Thomas Crieghton Shrader, 56, of Duhring to 235 months (19 years, 7 months) in federal penitentiary, 5 years of supervised release and ordered the federal bureau of prisons to screen his mail so he wouldn’t be able to continue to harass his victim — a woman who stopped dating him in 1974, and became the target of Shrader’s obsession.

“I find it sad that someone gives up their own life,” to pursue an obsession, U.S. District Judge Irene C. Berger of the Southern District of West Virginia said after announcing Shrader’s sentence on his July 13, conviction of being a felon in possession of firearms, and his conviction on two counts of stalking by use of an interstate facility. “You refused to give up. You refused to let go. You pursued the obsession for almost 35 years. You’ve not taken responsibility for your actions.”

Assistant U.S. Attorney Thomas C. Ryan, who represented the government and Shrader’s counsel, Assistant Federal Public Defender Christian M. Capece argued their respective positions on whether or not the court should consider Shrader’s four prior counts of conviction — two first-degree murder convictions, a malicious wounding conviction and a prison escape — to qualify him for a sentence enhancement under the Armed Career Criminal Act that would mean a 15-year sentence for the defendant.

Ryan introduced 7 exhibits including trial testimony from the female victim of Shrader’s obsession to make his case for the enhancement, but Capece argued that the court shouldn’t accept the testimony because he didn’t conduct a thorough cross examination of the female because Shrader the 1975 charges weren’t under consideration. Capece also argued that Shrader pleaded to an “unlawful wounding” charge that Capece said was a lower bracket charge.

In the end, Berger ruled that the two first degree murder convictions and the malicious wounding conviction represented three separate acts of violence that qualified him for the Armed Career Criminal Act enhancement. Berger also said the court would consider the victim’s testimony as well as the 32-page letter that Shrader sent to his victim in October 2009, that served as the basis of the stalking charges involving his victim and her husband. Berger cited several cases in support of the court’s decision.

In his summation, Ryan said that the victim and her husband, “don’t even put the return address on their Christmas cards,” because of the defendant’s actions through the years. “One of the most disturbing things is that the defendant never even apologized for murdering” the victim’s mother, Ryan said before asking the court to bar the defendant from making contact during his time in prison.

Capece said that prior to the recent convictions, Shrader had not been in any trouble with the law after he served the time for the two murders. He noted that Shrader started receiving Social Security benefits in 2007 for a back injury, and even pointed out that the government had offered him the chance to plead guilty to two counts and face only a 10-year prison term. He said in Shrader’s condition, even a 15-year sentence, “is a death sentence.”

When Berger started her detailed articulation of the facts of the case, Russell Butler, counsel for the victims, stood from the gallery and asked to address the court. Berger paused her narrative, told Butler he was out of order and told him: “Please, have a seat.” She then recognized Ryan, who said that the victims did not have a chance to address the court yet. Berger said they would have their opportunity and resumed her narrative.

Berger outlined the facts of the case as the evidence had revealed. She noted that the victim dated Shrader for a short time in 1974, and when stopped dating her, “he threatened to kill her and her two nephews.” Berger provided a detailed narrative of the events as they unfolded at the victim’s Switchback Hollow home on July 16, 1975. Berger said that Shrader shot the lock off the door, went into the bedroom where he shot and killed Rusty Adams, a family friend who was on leave from the military. Berger said the defendant continued shooting, killing the victim’s mother in the living room. Shrader then chased the victim to a neighbor’s house where he shot and wounded a neighbor before he was subdued.

Berger provided information about Shrader’s activities after the 1975 murders and read several passages from the letter he sent to his victim after he found out where she lived. The victim and her husband moved away from West Virginia. Berger also said that Shrader is no longer receiving SSI benefits. Berger imposed no fine, and no restitution because she thought that paying restitution to the victims would keep him focused on the family.

Capece said that on advice of counsel, Shrader decided to remain silent. His victim addressed the court, calmly at first, but became more emotional as she continued. She said that when Shrader threatened to kill her nephews, the State Police found a gun in the trunk of his car, but released him because he hadn’t done anything wrong. “I zigzagged,” she said, saving her life when Shrader killed her mother.

Shrader’s victim said that when Shrader escaped from prison on July 7, 1976, “my younger sister and I had to be removed” from the state. “We have had no peace,” she said. “My family has had no peace.” She cried and said she has been in constant fear of losing her life and the lives of the rest of her family. “I know this man will kill again,” she said. “He once told me he always gets what he wants.”

The victim’s husband said he has seen how Shrader’s actions has torn their family apart. “I’ve seen my wife in a fetal position on the floor crying,” he said. “It needs to end. We need peace. Just let us live in peace.”

Shrader had been polite as he answered each question from the court: “Yes Ma’am.” The only other reaction he made during the sentencing was when his victim addressed the court. He lowered his head and fixed his eyes on the defense table as his victim addressed the court. He continued watching the court when his victim’s husband addressed the court.

When the court adjourned, the victim and several family members exited the court gallery. Capece explained the appeals process to a Shrader family member, her friend and pastor, but refused to shake Russell Butler’s hand, because of something the victims’ counsel stated in a court document. At about the same moment, a chorus of voices lifted up a cheer in the hallway just outside the courtroom doors.

– Contact Bill Archer at barcher@bdtonline.com

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Stalker sentenced for pursuit of 35-year ‘obsession’

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