Jury Recommends No Mercy For Upshur County Man Guilty of Murder - WBOY.com: Clarksburg, Morgantown: News, Sports, Weather

Jury Recommends No Mercy For Upshur County Man Guilty of Murder

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The jury deliberated again on Thursday to decide if Clarence Jenner would receive mercy in his sentencing for the first degree murder of his aunt, Beni Truax, and attempted murder of his uncle, Sherman Truax.  After just 10 minutes of deliberating, the jury ruled that no mercy was to be given to Jenner.

Jenner shot and killed his aunt, Beni Traux and injured his uncle, Sherman Traux back in December 2011 near Hodgesville. Both sides called witnesses to determine if Jenner would be given mercy or not.

The jury heard from a doctor who evaluated Jenner's mental state, Jenner's sister and Sherman Truax, and Truax's son. "He showed no mercy, and shows no remorse now," said Sherman Truax. "He had a plan for what he wanted to do."

"Clarence showed no remorse, said Nicholas Traux, reading from a written letter. "I feel no need to show him mercy, he doesn't deserve mercy.

The jury decided after deliberating only 10 minutes that Jenner should not be given mercy.

"It was longer today, than yesterday. I'm not surprised (referring to verdict regarding mercy) I may address all the verdict issues in post trial proceeding. Surprised not terribly so. They've heard all the evidence," said Harry Smith, Jenner's attorney.

Jenner's sentencing is scheduled for June 30 at 2 p.m.


After only 30 minutes of deliberating, an Upshur County jury found Howard Clarence Jenner guilty of the first degree murder of his aunt Beni Truax,  guilty for the attempted first degree murder of his uncle Sherman Truax, and malicious assault.  

Judge Kurt Hall will decide Thursday if Jenner will receive mercy in his sentencing.  

Wednesday, the defense presented its case for approximately 20 minutes when Judge Kurt Hall ordered the defense to bring in witnesses.  

Jenner's attorney said the defense didn't have any witnesses and rested the case. 


The trial of a man accused of killing his aunt continued in Upshur County.

Howard Clarence Jenner is charged with first-degree murder after shooting his aunt and uncle in late 2011.

Law enforcement officials took the stand Tuesday to testify about their role in the investigation.

The jury also heard testimony from a Wal-Mart clerk who sold a gun to Jenner that prosecutors said he used in the shooting.

-Original Story 04/21/14-

The trial of a man accused of killing his aunt began today in Upshur County.

Prosecutors said Howard Clarence Jenner fatally shot his aunt, Beni Truax and injured his uncle, Sherman Truax in December 2011.

Monday, Upshur County deputies testified about the day of the shooting.  Prosecutors also played a recording of an interview with Jenner where he said there was bad blood with his family.  Jenner has admitted shooting at the Truax's after his uncle threatened him with a gun.

The trial should continue most of the week. Stay with 12 News for full coverage of this trial.