The Register-Herald, Beckley, West Virginia

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    Burnette
February 2, 2010

Bond denied in alleged assault on grandmother

By Michelle James

Raleigh County Circuit Judge H.L. Kirkpatrick denied a defense motion Tuesday to set bond on a kidnapping charge for a 21-year-old accused of attempting to kill his grandmother.

Christopher Michael Burnett and his father, Michael Paul Burnett, 47, both of Mount Hope, were indicted last month on charges of first-degree attempted murder, malicious wounding, kidnapping, conspiracy and abuse of an elderly person.

The charges stem from Dec. 2 when the younger Burnett allegedly cut the throat of his 73-year-old grandmother, who was then tied up and put in the back of a truck.

Melba Burnett escaped from the truck and told police her son and grandson planned to throw her off the New River Gorge Bridge.

A magistrate previously set bond at $1 million on all charges except kidnapping, which is considered a capital offense in West Virginia. Bond for capital offenses can only be set by a circuit court judge.

Public defender Gary Frasher asked Kirkpatrick to lower the $1 million bond and set bond on the kidnapping charge for his client, who he said had no serious prior criminal record.

Frasher said based on Melba Burnett’s Dec. 11 preliminary hearing testimony, during which she described a “good relationship” with her grandson, he did not think she would be opposed to Christopher Burnett being released on bond.

Frasher also said he did not believe his client, despite the “serious” charges, posed a threat to the community.

Prosecutor Kristen Keller, however, spoke of the “uniquely horrendous” circumstances of the case and said she had spoken Tuesday with both Melba Burnett and her sister, who “expressed great concern” regarding Christopher Burnett’s possible release.

Keller also said the defendant’s lack of criminal background was unimportant, explaining he started his criminal career “at the very top.”

Kirkpatrick denied Frasher’s motion, explaining he believed a person who posed a threat to his own grandmother “poses a threat to the whole community.”

— E-mail: mjames@register-herald.com

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