by Ron Gregory
ronjgregory@gmail.com
LOGAN — Despite the objections of the beating victim, a Logan County man was sentenced Wednesday in Logan Circuit Court.
State Senator Richard Ojeda spoke passionately — and with some admitted anger — before Special Judge Duke Bloom handed down his sentence to Jonathan Porter. Ojeda told the judge and a courtroom filled with about 40 observers that he resented the results of a May 2016 fight at the residence of Kendall Dingess outside Logan. Dingess was present in the crowd for the sentencing as were several Ojeda family members, including the senator’s wife Kelly.
Actually, the audience in the heavily-policed courtroom appeared about equally divided between Ojeda supporters and those standing behind Porter. Ojeda had asked for weeks on social media that his supporters turn out for the sentencing. Shortly before the hearing began, about ten Ojeda backers stood outside the courthouse. Some held signs condemning what they claim is the “corruption” in Logan County. They later joined about seven others on the right side of the courtroom seats with Porter family and friends, numbering about 20, on the other side.
Seated at the prosecution table were Logan Prosecutor John Bennett, Special Prosecutor Fred Giggenbach and Ojeda. Porter entered the courtroom in prison attire and shackles, escorted by law enforcement. His attorney, Charleston lawyer John Mitchell, Jr., joined him at the defense table.
After statements from Mitchell, Porter, Ojeda and Bennett, Bloom pronounced his sentence. Porter had earlier agreed to plead guilty to one felony count as a result of the Mothers’ Day 2016 incident. The judge ordered Porter to spend one to five years incarcerated, pay a $500 fine, the cost to replace a four-wheel vehicle damaged after the incident, and all of Ojeda’s medical bills connected to the fight. Bloom said, because he did not believe Porter expressed responsibility for the incident. he would write a letter to the parole board urging them not to grant any request for early release.
Bloom said 168 days spent by Porter in the regional jail would be counted toward his sentence. His time on home confinement would not reduce the sentence time, he said.
Mitchell began his summation by assuring the court, “this case is not important to Kanawha County, but it’s very important in Logan,” an apparent reference to his and Bloom’s identification with Kanawha. Mitchell is a well-known Charleston criminal defense attorney who previously served as a state senator. Bloom was a Kanawha County commissioner before becoming a circuit judge there.
Mitchell repeated reports that Porter had been “enticed” to “come to come to Whitman Hollow, eat some hot dogs and maybe drink some beer at a political function.” He said Porter, who he described as “generally disinterested in politics,” was also told that he could hand out campaign literature for his brother at the event. The lawyer said obvious facts do not support the assertion that Porter was an “instrument of the victim’s opposition.” Mitchell added that “common sense tells you that attacking (now) Senator Ojeda did nothing to help his opponent, Art Kirkendoll, and surely did not increase the chances of his brother winning the election.”
In fact, Mitchell said, Kirkendoll was “one of the victims who is not here today in the courtroom. At least I don’t think he is. I have never met him.” The lawyer said his client was “approached by Ojeda at the picnic.” He maintained that Ojeda verbally attacked members of Porter’s family.
“He got the response he wanted,” Mitchell said. “Jonathan Porter will not stand for one thing — and that’s people talking bad about his family.” He said Porter “won the fight, the crowd started to threaten him, he realized what was happening and that’s why he fled from the scene.” Mitchell pointed out that Porter eventually turned himself in “when he found a deputy he could trust.”
The Charleston lawyer added that he also considered Bennett “a victim. Senator Ojeda and his followers have attacked Mr. Bennett in every way possible” on social media and otherwise. Mitchell said, “my client and anyone else you want to call would have testified that they never once had a discussion with Kirkendoll about this fight before it happened. Mr. Kirkendoll has had his reputation attacked and lost his seat in the senate because of vicious allegations that simply are not true. He is a real victim here.”
Throughout his presentation, Mitchell referred to the altercation as the “horse that the victim (Ojeda) jumped on to lead him to the state senate and wherever he can ride it to.” The attorney ended by saying his client “now understands that you cannot settle differences with your fists.” Throughout, Porter has described the incident as a “fight” and maintains he used no objects such as steel knuckles, as Ojeda has alleged. In his summation, Prosecutor Bennett admitted there “is no physical evidence to indicate metal was used although I suspect it was.”
Despite media reports to the contrary, officials have consistently told the Chronicle that, despite several separate searches, no knuckles or metal were ever located. In court, Bennett confirmed that some who had attended the political gathering “searched the river bank but found nothing.”
Porter echoed his attorney during his statement and said he was “sorry for what happened.”
Ojeda addressed the court and said he “came here today and might have been prepared to start forgiving Jonathan for what he did, but he still does not accept responsibility.” He said he received eight fractures and a contusion as a result of what he consistently referred to as an “attack not a fight.” He maintained that Porter approached him from the rear and stuck the initial blow.
Both the senator and Bennett insisted that Porter “lured” Ojeda from the crowd by insisting he (Ojeda) put a bumper sticker on Porter’s truck. There was only one actual witness to the battle, Bennett said, and that “star witness started backing up on us as the trial date approached.” He indicated that was one reason the original three charges against Porter were reduced to one in the plea agreement.
Ojeda said he objected to the plea agreement Bennett and Giggenbach offered Porter, saying “I was not consulted about it and didn’t know it until I saw it on the news”
In his later comments, Bennett countered that by saying he had met with Ojeda and his wife and even provided them a four-page letter outlining the potential issues in a trial. He said he told the pair that he would be offering a plea agreement.
Ojeda said there had been “a team that was prepared to destroy me.” He talked of the mental anguish suffered by his wife, son and daughter related to his injuries.
Ojeda said Porter has a history of violence and wondered, “next time, will he kill somebody? Will he see justice then? Probably not.” The senator said the plea agreement “was shrouded in secrecy.”
Ojeda told the court he is “proud” to be a state senator and said “I think there’s a good chance I’ll be in congress.” The Democrat has announced his candidacy for House of Representatives from the Third District.
Bennett, in his closing, expressed “outrage” that Porter’s previous attorney “claimed to have evidence and pictures that indicated some sort of liaison between Mrs. Ojeda and the defendant.” He related how the government had looked into those allegations and determined “the only picture was of Mrs. Ojeda — not Mrs. Ojeda then — attending a prom in which the defendant was in the group. The implications they presented were outrageous and wrong.”
Bloom then pronounced sentence, saying he did not think Porter was “accepting true responsibility” for the incident. “He still tries to blame the victim,” the judge said.
The judge further declared that Bennett had “performed professionally and diligently in every way.” He said that while Bennett did seek “the victim’s advice,” it was “at the prosecutor’s discretion to offer the plea deal he did in the interest of justice.”
Bloom said he did not accept Porter’s version of the incident as “credible. In fact, I find it incredible.”
Bloom was appointed as a special judge in the case after Logan’s two judges recused themselves. Giggenbach was appointed to assist Bennett on an order from Bloom.
Porter was returned to the regional jail, where he has been staying since his probation was revoked because of previous violations.