A Fairmont woman facing 70 years is asking for a reduced sentence for robbery conspiracy

Nov. 22 — FAIRMONT — A woman asked Marion County Circuit Court Judge Patrick Wilson for a lighter sentence Tuesday, two months after pleading guilty to robbery and conspiracy charges stemming from Sean’s slaying Gardiner.

Shekea Fox, of Fairmont, asked Wilson to reconsider her seven-decade sentence in light of her testimony against Naquan Warren, whom a jury found guilty of murder on Aug. 15. Fox is eligible for parole after turning 18.

“I didn’t do it for a better deal,” Fox told the court. “I did it because it was the right thing to do.”

Matthew Delligatti, her attorney, asked that the robbery sentence be reduced to 26 years, with parole eligibility after 6 years. He based his request on two similar murder cases, one in 2011 and one in 2016. In the 2011 case, Delligatti pointed out that Fox was getting a longer sentence than the 2011 defendant, even though the 2011 defendant was uncooperative in this case. .

For the 2016 case, Timothy Lambert testified against one of his co-defendants and had his sentence reduced. Delligatti argued that the court should consider both cases when making its decision.

Delligatti added that it would have been much more difficult for the state to obtain a verdict against Warren without her testimony. In his court filing, he said Det. Jack Frost testified that the only evidence the state had against Warren was Fox’s testimony and text messages between her and Warren. The court admitted the messages through Fox’s testimony.

Fox also worked on self-improvement while incarcerated, Delligatti said, working various jobs at Lakin Correctional Center and Tygart Valley Regional Jail. She also interviewed for a service dog training program.

“It would be an injustice to keep the sentence as it is at this point,” Delligatti said. “She has the support of her family and friends through letters.”

Marion County Prosecutor Jeff Freeman said the request puts the state in a delicate position.

He told the court that the victim’s family opposed any reduction in the sentence known to the court. They filed three letters opposing Fox’s request. Freeman, while trying to be sensitive to the family, said the family did not have a realistic understanding of how valuable Fox’s testimony was to securing a conviction against Warren. Fox also faced pressure from Warren’s associates while incarcerated before testifying.

That said, Freeman argued that the state still needs to balance Fox’s actions as a whole. Freeman added that he doesn’t think Fox’s motivations are entirely altruistic. Delligatti argued that while he may not have been completely altruistic, he cut both ways.

“She should come before the court for sentencing, otherwise she would not be motivated to answer,” he said.

Freeman told the court that his office agreed that a reduction was not unreasonable, but none to the extent suggested by Delligatti. He argued for a reduction to 48 years.

Their arguments, Wilson interjected. He said the robbery was a brutal act, one in which she was clearly a co-conspirator and deeply connected to her co-defendant. The brutal robbery turned into a brutal murder, in which Warren ended Gardiner’s life with a bat.

Wilson said Fox initially tried to get away with her actions, intending to run away and hide her actions. The evidence was all over the phone records, which showed that he intended to infiltrate Warren’s drug operation after he was arrested. Wilson added that he wasn’t so sure Fox’s testimony was as crucial to Warren’s testimony as the defense claimed. Wilson also oversaw the Warren trial and the Fox proceedings.

Wilson said the court must review the entire case before ruling. It was decided to adopt the state’s recommendation. Fox will serve 48 years with an additional 1-5 years on the conspiracy charge. She will be eligible for parole after 13 years.

Wilson added that she hopes Fox becomes a different person than the killer her supporters said she was in court.

“You have plenty of time to reflect and plenty of time to be someone who redeems themselves. I hope you do,” Wilson said. “There will be no more considerations.”

Contact Esteban at [email protected]