By TAMMIE TOLER
PRINCETON — A Princeton woman accused of killing her 6-month-old son asked Mercer County courts this week to reconsider bond and drop one of her murder charges.
Katharine Janelle Boozer, 23, was arrested last week, after her son died of injuries authorities allege she inflicted.
Joshua Isaiah Boozer was transported to Princeton Community Hospital Feb. 7, with extensive injuries. He was soon transferred to a Roanoke, Va., hospital, where he was removed from life support on Feb. 9.
Katharine Boozer was originally charged with two counts of child abuse — one involving injury, the other serious injury. On Feb. 11, she was arrested on additional charges of first-degree murder and murder by a parent, according to West Virginia State Police Trooper 1st Class P.H. Shrewsbury.
She has remained in custody at the Southern Regional Jail ever since, but defense co-counsel Thomas Czarnick and Philip Scantlebury asked Circuit Court Judge William Sadler to set bond Thursday.
“This lady has no record,” Czarnick said. “I don’t think she’d even got a speeding ticket.”
The defense argued that Boozer’s parents would take her into their home near Princeton and that she did not represent a flight risk.
Czarnick also said he intended to prove during trial, if not before, that there was no basis for the charges against Boozer and that the state’s investigation relied heavily on the word of someone whose honesty he deemed doubtful.
Though neither side revealed much of their case during the bond hearing, defense attorneys have implied that they believe a third person present at the Boozer apartment the day the baby was hurt could be behind the abuse that ultimately killed him.
Prosecuting Attorney Timm Boggess did not answer the defense declarations, but he said the state’s investigation “is somewhat different.”
Boggess argued that the defendant had “incentive to flee,” and connections in her previous home that would make leaving West Virginia fairly easy. Boozer reportedly moved to Mercer County approximately eight months ago with her parents.
“I think at this time, it would be appropriate that she continue to be held without bond,” Boggess said.
Circuit Court Judge William Sadler concurred, finding Boozer to be “somewhat of a flight risk.” The judge ordered that Boozer return to the Southern Regional Jail.
Thursday’s court session was Boozer’s second this week. Tuesday, she appeared before Magistrate Rick Fowler, as her preliminary hearing was scheduled.
Scantlebury announced his client was waiving her right to a hearing within 10 days, but the defense attorney introduced a motion to dismiss the first-degree murder charge completely.
Scantlebury told Fowler that he could see no evidence in the investigation report that Joshua Boozer died of injuries his client willfully and deliberately dealt with the intent to kill him.
He also argued that charging Katharine Boozer with a count of first-degree murder and murder by parent equated to “double jeopardy,” referring to Americans’ constitutional guarantee that they will only be tried a single time for the same crime.
“Basically, she’s getting two murder charges,” Scantlebury said.
Responding to the motion, Boggess reminded the court that a jury or judge that reviews the case in the future will have the option to find the defendant guilty of a lesser offense of murder, no matter the original charge.
He also argued that first-degree murder and murder by parent are not the same charge, since the “by parent” portion of the second offense involves an additional element to the crime.
Boggess referred to a the Supreme Court’s ruling in Blockburger v. United States, where the justices ruled that each offense is different if each requires proof of an element the other does not.
At any rate, Boggess said it would be premature to dismiss a charge for lack of evidence when the hearing designed to find or disprove probable cause had been continued.
Fowler denied the motion initially but said he could reconsider at a later date.
“We can bring this back up after the preliminary hearing, when there has been some evidence presented,” he said.
Thursday, Boggess confirmed that the original child abuse charges had been dismissed, in favor of a charge of child abuse resulting in death.
The same day, Boozer appeared before Circuit Court Judge William Sadler, seeking bond.
Her family had a bail bondsman standing by in the event the judge granted the motion, but Sadler held firm and ordered that she return to Southern Regional Jail.
— Contact Tammie Toler at ttoler@ptonline.net.
