IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA
IN THE MATTER OF:
Shianna Frey
(CV-01-319)
O R D E R
Claimant appeared in person and by counsel, David P. Greenberg, Attorney at Law.
Jennifer Stollings, Assistant Attorney General, for the State of West Virginia.
BAKER, JUDGE:
An application of the claimant, Shianna Frey, for an award under the West Virginia Crime
Victims Compensation Act, was filed September 7, 2001. The report of the Claim Investigator, filed
March 28, 2002, recommended that no award be granted, to which the claimant filed a response in
disagreement. An Order was issued on June 24, 2002, upholding the Investigator's recommendation
and denying the claim, in response to which the claimant's request for hearing was filed July 8, 2002.
This matter came on for hearing July 8, 2003, claimant appearing in person and by counsel, David
P. Greenberg, Attorney at Law, and the State of West Virginia by counsel, Jennifer Stollings,
Assistant Attorney General.
On July 2, 2001, the body of claimant's 25-year-old daughter, Amy Frey, was discovered on
a narrow gravel lane near Hedgesville, Berkeley County. It was determined that she had been the victim of homicide three days prior. She was stabbed to death by the offender, Harry Deneen, who
was indicted for first-degree murder.
The basis for the initial denial of the claim was the victim's contributory misconduct. The
Claim Investigator determined from the police report that the victim had been participating in illegal
drug use, and that these actions contributed to her death.
Testifying at the hearing on behalf of the claimant was Berkeley County Prosecutor Pamela
Games-Neely, who prosecuted the defendant Harry Deneen for the murder of Amy Frey and for an
unrelated kidnapping and sexual assault charge. (Transcript, pages 8-9.) Ms.Games- Neely testified
that the defendant Harry Deneen pleaded guilty to second-degree murder in the case of Amy Frey.
(Transcript, page 9.) While there was evidence of sexual assault, it was insufficient to convict the
defendant of that crime. (Transcript, page 9.) The defendant made numerous inconsistent statements
regarding whether he sexually assaulted Amy Frey and whether Amy Frey was using illegal drugs on
the night of this crime. At one point, he stated to the prosecution that he and his uncle Roy Murray
both had consensual sex with the victim. (Transcript, page 9.) However, Harry Deneen contradicted
this original statement when he made his final proffer to the Court, in which he stated that he had
consensual sexual intercourse with the victim, but his uncle Roy Murray tried to get the victim to have
sex with him and she refused. According to the defendant, when she refused, Roy Murray began
hitting her and attempted to sexually assault her. (Transcript, page 10.) The defendant testified that
it was at this point during the struggle that he stabbed Amy Frey to death. (Transcript, Page 10.) Ms.
Games-Neely testified that there was absolutely no evidence that Amy Frey was using drugs on the
night of this crime other than the inconsistent statements made by Harry Deneen. (Transcript, page
11.) Deneen first informed the prosecutor's office that he purchased crack cocaine specifically for the purpose of partying with Amy Frey. On another occasion, he told the prosecutor that he used
drugs with Amy Frey, only to turn around and later deny that any drugs were used. (Transcript, page
11.) According to Ms. Games-Neely, Mr. Deneen made at least two or three inconsistent statements
regarding drug use.
West Virginia State Trooper First Class Dean Olack also testified at the hearing of this matter.
Trooper Olack is stationed at Martinsburg, in Jefferson County, and at the time of this crime he was
the district investigator in charge of the investigation of this brutal murder. (Transcript, page 19.)
Trooper Olack testified that Harry Deneen also made numerous conflicting statements to him
regarding whether or not Amy Frey was using drugs. (Transcript, page 20.) In his first statement,
Harry Deneen denied having anything to do with Amy Frey. Trooper Olack testified that there is no
evidence indicating that Amy Frey used drugs on the night of this incident other than Harry Deneen's
second statement to him. (Transcript, page 20.) According to Trooper Olack, in his second
statement, Harry Deneen stated that he was in a bar with Amy Frey where they had several drinks.
(Transcript, page 20.) He stated that they left the bar together and went to Hagerstown, Maryland to
buy some narcotics. (Transcript, page 20.) He stated that both he and the victim voluntarily used
drugs and had consensual sexual intercourse. (Transcript, page 21.) Then, he alleged that he dropped
her off in Hagerstown. However, in his final proffer, he stated that he met Amy Frey in a bar in
Hagerstown. He had intentions of taking her to Roy Murray's house so that he and Roy Murray could
engage in sexual intercourse with her. (Transcript, page 20.) Trooper Olack also stated that it was
his impression from interviewing Harry Deneen that he was prepared to do whatever it took to get the
girl to partake in sexual intercourse with him and his uncle, Roy Murray. (Transcript, page 22.)
Furthermore, Harry Deneen stated to Trooper Olack that Roy Murray stabbed Amy Frey. (Transcript, page 22.) Again, Harry Deneen made no statement about Amy Frey using drugs.
W.Va. Code §14-2A-3(1) defines "Contributory misconduct"as: "any conduct of the claimant,
or of the victim through whom the claimant claims an award, that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or space to the criminally injurious
conduct has causal relationship to the criminally injurious conduct that is the basis of the claim and
shall also include the voluntary intoxication of the claimant, either by the consumption of alcohol or
the use of any controlled substance when the intoxication has a causal connection or relationship to
the injury sustained."
In this claim, the issue is whether or not the victim, Amy Frey, was involved in the use of
illegal drugs at the time she was brutally murdered. In a claim under the Crime Victims
Compensation Act, a claimant has the burden of proof in establishing that the victim through whom
the claimant seeks an award is an "innocent victim of crime." Once the claimant has established that
the victim is an innocent victim under the statute, then the burden of proof shifts back to the
respondent to prove by a preponderance of the evidence that the victim through whom the claimant
seeks an award was not an innocent victim of crime. The evidence adduced at the hearing of this
matter established that the victim, Amy Frey, was an "innocent victim of crime". Amy Frey was
brutally stabbed to death by Harry Deneen, who later pleaded guilty to her murder. The only evidence
that the victim was using illegal drugs at the time of her death came during the investigation of this
crime when Harry Deneen made numerous inconsistent statements to the State Police and the
Jefferson County Prosecutor's Office that Amy Frey had used illegal drugs with him. However, in
addition to changing his testimony, Harry Deneen did not mention drug use at all in his last statement
before he was sentenced. It appears that early in the investigation, Harry Deneen only stated that Amy Frey was using drugs in an attempt to hide his own guilt. Given the lack of any credible evidence
whatsoever that the victim was using drugs at the time of her murder, the Court finds that Amy Frey
was an innocent victim of crime. The respondent failed adequately to rebut the claimant's evidence
and did not establish that the victim used any illegal drugs which had any causal connection or
relationship to this brutal crime.
In view of the foregoing, the Court is of the opinion to and does hereby make an award in this
claim in the amount of $4,000.00 as documented in the Claim Investigator's memorandum dated July
14, 2003, and attached hereto.
ENTER:
JUDGE