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Man gets 3-10 years for attack on officer

November 10, 2018

HUNTINGTON — A man shot by Huntington Police officers after he hit and dragged an officer with his vehicle earlier this year has been sentenced by Cabell Circuit Judge Paul T. Farrell to serve several years in prison.

After previously having pleaded guilty to unlawful assault on a police officer and fleeing in a vehicle causing bodily injury, Daymon Matthew Everage, 29, of Emmalena, Kentucky, was sentenced Thursday to serve three to 10 years in prison.

Everage has been jailed since May 31 after police responded to a possible overdose call at about 9:30 p.m. near the intersection of 8th Avenue and 22nd Street in Huntington.

According to a criminal complaint filed in Cabell County Magistrate Court, while officers conducted their preliminary investigation, Everage ran to his vehicle despite officers’ orders to stop. He reached the vehicle and allegedly attempted to flee, dragging Officer R. Kern before striking a parked car, which knocked Kern to the ground.

Officers responded by firing shots, at least one of which struck Everage as he continued to flee in the vehicle to the 2100 block of 8th Avenue, where he was taken into custody, according to the complaint.

In sentencing Everage, Farrell said he could have killed Kern and referenced Thursday’s bar shooting in Thousand Oaks, California, in which 13 people, including the gunman and a police officer, died.

“Police officers have a hard enough time in life without people like you almost killing them,” he said.

Defense attorney Jason Adkins had asked that Everage be sentenced to home confinement as a “tip of the hat” due to his limited criminal history and his cooperation in waiving his right to a grand jury indictment and trial.

“This is a one-time incident. I don’t know if the court has had a chance to see the video, but if you see the video, it was all clear that it was a momentary panic,” he said. “It was a very stupid thing to do, and he admits that.”

Assistant prosecutor Joe Fincham said the plea deal was the “tip of the hat.”

“This is not something for which concurrent sentencing or probation is appropriate,” he said. “I think the fact he received such a lesser sentence than he could have had he proceeded to indictment and trial is the ‘tip of the hat.’ ”

Farrell agreed to run a two-to five-year sentence for the unlawful assault and a three-to 10-year sentence for the fleeing charge run at the same time, rather than consecutively.

After the incident, Kern was treated for multiple injuries, including cuts and abrasions to his head, arms and body. He was one of two officers who were taken to a hospital with injuries that were not life-threatening and have since been released.

The officers involved in the shooting were placed on administrative leave and offered counseling, which is HPD protocol. They have returned to work.

Follow reporter Courtney Hessler at Facebook.com/CHesslerHD and via Twitter @HesslerHD.

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