By Cheryl Caswell
The Charleston Daily Mail
CHARLESTON, W.Va. — A man who started a fire that led to the accidental death of a Davis Creek volunteer fireman will go to prison for six years.
Charles Darren Roberts, 37, of Alum Creek, apologized in court to the family of Joey King, 61, who fell from a Corridor G bridge while investigating that fire.
“There’s no sorry that can make up for what I did,” he said. “I’m sorry I shattered your dreams. I didn’t mean for anything like this to happen.”
Roberts said he was drinking and partying when he set some railroad ties on fire. That fire spread, and King was called out with other members of the Davis Creek Volunteer Fire Department last December.
King disappeared from the bridge as he and other firefighters looked for the source of the smoke.
Kay Carson, King’s wife, had harsh words for Roberts.
“I’ll never be able to forgive him for what he done to me,” she said, and asked Kanawha Circuit Judge Tod Kaufman to impose the maximum sentence, which was six years.
She said she wished the law allowed a longer penalty.
“Because these people are out there risking their lives,” she said. “And I can’t forgive him. Six years is not enough for Joey’s life.”
Arietta King, the victim’s sister, asked the judge if she could shake Roberts’ hand and wish him “all happiness,” but
Kaufman denied her request.
King said, “Joey was the rock of our family, and that rock was taken away.”
Roberts wiped his eyes as she spoke.
“He was doing what he loved — protecting his family, friends and community,” she said. “I want him to be sentenced to what the judicial system requires. I want him to get life without mercy, but I wish him happiness.”
Several members of the volunteer fire department attended the hearing, and Chief Jeff Snodgrass also asked for the maximum sentence.
“We may never know what happened to Joey on that bridge, why he fell,” Snodgrass said. “But we know Mr. Roberts put him on that bridge by setting that fire.
“Joey died serving the people of our community,” he said. “And we can never forgive Mr. Roberts for what he has done. We wish the sentence could be more.”
Defense attorney John Carr and Assistant Prosecutor Dan Holstein both pointed out that Roberts was an early witness in the case of sniper Shawn Lester. Roberts testified in Lester’s preliminary hearing in magistrate court in April 2011 and continued to speak to authorities during their investigation.
Carr said Roberts’ testimony put him in danger, and he remains in protective lockdown at South Central Regional Jail.
Holstein said Roberts’ cooperation was key to keeping Lester behind bars but said he shouldn’t get “brownie points” because of it now.
Kaufman questioned Roberts about why he came forward against Lester.
“I have regard for human life,” Roberts responded. “And when I found out what I found out, I felt it was right to come forward so the families could have closure.”
Kaufman sentenced Roberts to three years for third-degree arson, two years for fourth-degree arson and one year for involuntary manslaughter, to be served consecutively. Roberts has been in jail for 265 days.
“This was a really tragic event,” the judge said. “Everybody knows that they put life and limb on the line, and this is why arson is criminalized to the extent that it is.”
Carr called Roberts’ death a “tremendous tragedy” but said six years was an “overly harsh and severe” penalty.
“Mr. Roberts has agreed that he should be sentenced to the maximum,” Carr said. “Ever since his incarceration on Dec. 7, there are no days and few hours he has not contemplated, attempted to deal with and felt a tragic loss.
“This was something that started out minor and ended up with an extreme result,” Carr said. “It was unintentional.”
Copyright 2012 Charleston Newspapers