TAZEWELL, Va. — A Tazewell County man was sentenced Wednesday to 15 years in prison on a felony homicide charge stemming from the death of a Mercer County man during a game of quick draw.
Randy Howerton, 23, of Falls Mills, originally pleaded no contest to charges of felony homicide, discharging a firearm in an occupied dwelling and possession of a firearm by a convicted felon, in connection with the Jan. 24, 2009, shooting death of Wesley K. Miliam Sr., 42, of Kegley, Commonwealth Attorney Dennis Lee said.
Howerton was sentenced Wednesday by Circuit Court Judge Teresa Chafin to 46 years in prison with 31 years suspended leaving the man with an active penitentiary sentence of 15 years followed by 10 years of supervised probation upon release.
“It was investigated by the Tazewell County Sheriff’s Department and the evidence indicated there was a party in a home in Falls Mills, and there was basically some roughhousing going on at the party, and during the course of that Mr. Howerton produced a handgun and was quick drawing it as in a gunfight. And his statement was it accidentally went off while there were other witnesses at the party, and killed Mr. Wesley Milam, with a single gunshot wound to the chest.”
Lee said prosecutors dropped an earlier involuntary manslaughter charge as part of a plea agreement since the felony murder charge carries a lengthier prison sentence.
“We were in consultation with the victim’s family, and they approved of the plea,” Lee said. “It (the case) was investigated by the Tazewell County Sheriff’s Department. They did a thorough investigation, and the officers should be commended.”
Lee said the case was the first he’s seen in Tazewell County involving a death from a game of quick draw.
“He was committing a felony in possessing the firearm,” Lee said. “The murder part of it resulted from a death occurring while committing a felony.”
– Contact Charles Owens at cowens@bdtonline.com
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September 2, 2010
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