Two sentenced in Greenbrier court

By Christian Giggenbach
Register-Herald Reporter

LEWISBURG July 21, 2008 11:11 pm

— A former correctional officer and a former high school band teacher were both sentenced in separate hearings Monday on unrelated sexually motivated crimes.
David Wayne Masters, 37, of Renick, earlier this year waived his right to a grand jury indictment and pleaded guilty to one felony count of sexual intercourse/ intrusion with an inmate.
Masters, a former lieutenant at the Anthony Correctional Center, was arrested by State Police at his workplace last November. His victim, a female inmate, told police she and Masters had allegedly engaged in some 50 separate sex acts between August 2006 and January 2007.
The victim also provided investigators with a shirt that later tested positive for Masters’ semen. She has since been transferred to the Lakin Correctional Center in Mason County.
The victim was present during Monday’s sentencing by Circuit Judge Joseph P. Pomponio Jr., however, spoke in a very low tone and was barely audible to gallery members other than requesting that Masters should receive “help” and indicating “I’m just really sorry.”
When asked to speak, Masters admitted his guilt, apologized to the victim, and said he has already begun counseling.
“There are very few words that I can say to express how sorry I am for what my actions have caused,” Masters said. “I want to try and get my life back together.”
Pomponio sentenced Masters to one to five years in prison and a $5,000 fine, but immediately suspended that sentence and placed the defendant on probation for one year.
Pomponio said Masters was “a good candidate for probation” and reasoned that he would not receive the proper therapy if sentenced to prison.
Masters must also maintain full time employment, submit to random drug testing, and write a letter of apology to his victim, Pomponio said.
Court records indicated that Masters has already taken a job with local construction company.
Anthony Warden Teresa McCourt did not immediately return a phone message Monday seeking comment.
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In an unrelated hearing before Chief Circuit Judge James J. Rowe, former Mount Hope band/chorus teacher Daryl T. Finley was sentenced for his misdemeanor battery conviction on a female high school student.
Finley was arrested last October and charged with one felony count of sexual abuse by a parent, guardian or custodian. He later pleaded guilty to the lesser charge of misdemeanor battery after accepting a plea offer from special prosecutor Amy Mann, who was appointed to the case when Greenbrier prosecutor Kevin Hanson recused himself.
During Monday’s sentencing, the victim testified after Finley challenged the state’s premise that the battery conviction was sexually motivated. If found to be sexually motivated, Finley would be required to register as a sex offender.
The victim testified she had been on the same high school bus as Finley last October while returning from a football game played in Pendleton County. She also testified she had previously been his student in a chorus class.
The victim also testified that while sitting next to him on the bus, Finley touched her leg and stomach (underneath her shirt) and “tried to unbutton my pants.”
“I kept pushing his hand away,” she told the court. She was 17 years old at the time.
Rowe ruled that the crime was sexually motivated.
The victim’s father was also allowed to speak at the sentencing.
“I hate to ruin this man’s life, but this can’t be overlooked,” he said. “I think it’s a pretty sad when the people we trust (to keep children safe) can’t keep their hands to themselves. My daughter did nothing wrong here.”
Finley spoke on his own behalf and apologized to the victim, but would not admit the crime was sexually motivated. He likened it to holding hands “when two people dance” and called it “meaningless.”
Rowe sentenced Finley to the maximum penalty of 12 months in jail, but immediately suspended all but four months of the sentence.
Rowe ruled that Finley will be allowed to carry out his sentence on a home incarceration program in Harrison County. Finley had previously said he was moving to that county.
Rowe also sentenced Finley to five days in Southern Regional Jail and placed him on three years’ probation to begin after the completion of his home incarceration sentence.
“I don’t believe you understand the gravity of your conduct,” Rowe told Finley. “It’s clear (you) have issues that you are not coming to grips with.
“He needs to get a taste of jail to realize the situation he’s in.”
Finley must also register as a sex offender for the next 10 years.
— E-mail:
cgiggenbach@register-herald.com