Thomas Leon Clover, originally charged with Neglect of an Incapacitated Person Resulting in Injury, appeared with his attorney Daniel Minardi in the Calhoun County Circuit Court on Tuesday, March 7th, 2023. The case was slated for Jury trial but at the last minute Clover decided he would accept the plea agreement offered by the State of West Virginia.
Appearing very frail, Clover stood before Judge Anita Ashley as she insured that he understood he was giving up his constitutional right to having a jury trial as well as the penalties he was about to face when pleading to a felony charge. Pursuant to his plea the charge was reduced to a lesser included of “Attempt to Commit a Felony,” which carries 1-3 years in the penitentiary, fine and court costs and the inability to own or possess a firearm.
Even though the case was not going to trial, the State must still provide the evidence that they believe would have lead to the conviction of the Defendant. Prosecuting Attorney Nigel Jeffries described the series of events that eventually lead to the death of Clover’s 91 year old Mother who was suffering from dementia and type 2 diabetes.
In 2019 Mr. Clover was residing with his mother, Edith Clover, when an Adult Protective Service (APS) referral was made with the WV Department of Health and Human Resources. It was reported that Ms. Clover was not being turned properly as a bed ridden person and not kept clean. Two weeks after the report, an APS employee investigated but did not substantiate the complaint. A similar complaint was made one year later, as well as there being times of hospitalization, when the victim would be released without concern by the Hospital. This occurred even after having been admitted with bedsores and diabetic blood sugar levels far above normal. In home health had been provided, but reports of the home being unclean were made, and the in home health worker also failed to report the deteriorating condition of the patient.
Prosecuting Attorney Nigel Jeffries made no excuse for the system failing Edith Clover. Even though Thomas Clover bore the responsibility and eventually criminal charges for his mothers condition, there was a cloud of questions around the WV Department of Health and Human Resources failure to act on her behalf, the Hospital’s failure to report and release back into the home and why Hospices report of Edith Clover not getting her insulin as prescribed and not being turned properly went unchecked.
Attorney Minardi agreed with the fact that Mr. Clover took steps to keep his mother at home despite the fact that he couldn’t provide care.
When asked by Judge Ashley if he understood the penalties of his charge, Thomas Clover said “I would like to plead guilty and ask for a death sentence.” The Judge responded by telling Mr. Clover that the State of West Virginia does not have the death sentence.” The courtroom went silent for several seconds when Clover told the Judge, “I loved my Mother with all my heart, If you can’t, I can take my own life.”
Judge Ashley, obviously concerned for Clover’s mental state, informed him “I’m going to treat you fairly, don’t do anything to harm yourself.” The case was continued for April 13th at 11:45 for sentencing following a pre-sentence investigation.
