Jane Lew man gets 21 months for federal obstruction/witness tampering

The Lewis County Circuit Court allegations were dismissed in June, around the same time that Pertuset entered his plea to the federal obstruction of justice/witness tampering count.

Chief U.S. District Judge Thomas S. Kleeh sentenced Pertuset recently to 21 months in prison. That was the upper level of the sentencing guideline range of 15 to 21 months, as required under the binding plea agreement arranged by the government and Assistant Federal Defender Beth Gross.

Kleeh declined to address the hate-crime allegations, since they had been dismissed.

But the judge did fire a veiled shot at the way federal sentencing guidelines are constructed towards hate crimes. If Pertuset had been charged with a hate crime instead of witness tampering, the defendant basically would have been facing the same sentencing guideline as for witness tampering, Kleeh indicated, "which frankly is shocking to me."

Kleeh also excoriated Pertuset.

"What you did here is reprehensible, from start to finish," the judge said.

Pertuset tried "to get [a female] to take the fall for you, which is cowardly, despicable," Kleeh said.

Pertuset was incarcerated on the state allegations from Nov. 10 until the June dismissal, and then on the federal charge since then.

Because the state allegations were dismissed, Pertuset receives credit dating back to Nov. 10, or about 11 months, Kleeh ruled.

The judge also ordered Pertuset to serve three years of court-supervised release once his incarceration concludes.

Gross and Assistant U.S. Attorney Jarod Douglas, for U.S. Attorney William Ihlenfeld, joined in recommending the 21-month term.

They did so without much comment.

Douglas did say that the Office of Lewis County Prosecutor Christina Flanigan favored a "global resolution" through the state plea.

Additionally, the victim was in favor of the resolution, Douglas said.

Prior to sentencing, Pertuset agreed to go forward even though Kleeh noted the hate crime allegations dismissal by 26th Judicial Circuit Judge Kurt Hall was made without prejudice. That kind of dismissal means the charges could be brought again, and felony charges have no statute of limitations in West Virginia, Gross acknowledged.

Still, her client wanted to proceed with sentencing, and the attorneys were confident the dismissal without prejudice in state court was just in error and that, in any event, Flanigan wouldn't go back on the deal.