Justin Gum to Spend 40 Years at Sharpe Hospital - WBOY.com: Clarksburg, Morgantown: News, Sports, Weather

Justin Gum to Spend 40 Years at Sharpe Hospital

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Judge Thomas Keadle has made a decision in the bench trial of Justin Gum.

Keadle has ruled that a jury would have convicted Gum of second degree murder.

Gum killed his father Jay in September of 2010.

Thursday's ruling gives the court jurisdiction over Gum for the next 40 years.

Prosecuting attorney Gary Morris explained how this outcome works compared to a sentence given that Gum is not competent to stand trial, "The hospital would place him in various placements as he progressed, all subject to the court's jurisdiction," Morris said.

Still, Gum's lawyer, James Hawkins, said he should have had a jury trial.

"There is a liberty interest," Hawkins said. "If the court finds he should be committed for a period of time, he will not be free. Our position is the constitution keep from depriving one of their life, liberty or property."

"He deliberately went down the hall, got the gun," Morris said. "That tends to show Justin has pre-meditation."

Gum will spend that time in Sharpe Hospital until and unless he is found competent to stand trial.