Inmate sentenced to 15 years for SRJ death

Sep. 28—One of the two inmates accused of murdering a 79-year-old man at Southern Regional Jail in 2022 pleaded guilty Thursday in Raleigh County Circuit Court.

Isaiah Marshall McBride, 27, pleaded guilty to second-degree murder for the death of 79-year-old Douglas Alan Cunningham, his cellmate at Southern Regional Jail in October 2022.

Raleigh County Circuit Judge Andrew G. Dimlich sentenced McBride to 15 years in prison.

As a condition of his plea, McBride will testify against Lucas Mathew Wagnar, who is accused of instigating a violent and drawn-out attack on Cunningham.

A Raleigh County grand jury indicted Wagnar in September for first-degree murder, offense by an inmate resulting in death and felony conspiracy for the death of Cunningham.

Raleigh County Prosecuting Attorney Ben Hatfield said the plea offered to McBride was "legally necessary" in order to secure McBride's testimony against Wagnar.

Compared to McBride and the part he played in Cunningham's death, Hatfield said Wagnar is "far more vile and with a far more violent history."

"Mr. Wagnar is the one that committed the intrusion with the spoon on Mr. Cunningham. He is the one that urinated on Mr. Cunningham. He is the one that jumped from the bunk and stomped on Mr. Cunningham, breaking his ribs," Hatfield said.

"He is the one that ran across the room six to eight times stomping the chest of a helpless Mr. Cunningham."

Wagnar is a convicted felon, currently serving a sentence for child abuse.

When asked if he felt that justice was served for the murder of Cunningham in offering McBride a plea, Hatfield said it was a "necessary evil.

"Would I have liked a longer sentence? Absolutely," Hatfield said. "But unfortunately, in order to secure the testimony, the sentence had to be what it was, in order to have the ammunition to go against (Wagnar) ... Ultimately, the principal actor that did the most vile portion of the crime that harmed (Cunningham) the most will be punished because of what we did here today. And for that, I think justice will be served."

Hatfield said he hopes this case will help curb the violence that has taken place at SRJ because of the heightened punishment that awaits inmates who commit criminal offenses while in jail.

In this case, with Wagnar accused of murdering Cunningham while imprisoned, Hatfield said Wagnar cannot be offered bond while that charge is pending.

If he is convicted, the sentence is life in prison without parole, an even steeper penalty than the charge of first-degree murder where a jury can grant mercy.

"We've been really utilizing the offense by an inmate section ... as well as the other criminal statutes, to charge things at the jail to let people know that whatever you're in there for, your sentence will be extended if you continue to commit crimes once you're inside," Hatfield said.

The state has confirmed the death of 12 inmates at SRJ in 2022 but has been tight-lipped when pressed for more information.

Families and attorneys of the victims have alleged foul play in several of the deaths.

The family of Quantez Burks, 37, who died at SRJ in March 2022, have accused correctional officers at SRJ of beating Burks to death.

A year after his death, the family's accusations were partly confirmed after two correctional officers admitted in federal prosecutorial informations that multiple correction officers beat Burks in several locations while he was handcuffed.

Steven Nicholas Wimmer and Andrew Fleshman were scheduled to plead guilty to conspiracy in federal court on Thursday for their part in the assault on Burks. However, their plea hearings were canceled due to a large wreck in Fayette County.

The hearings have since been rescheduled for Nov. 2.

The family of Alvis Shrewsbury, who died at SRJ in September 2022, believe his death mirrored that of Cunningham's, in that inmates carried it out.

A state autopsy concluded that Shrewsbury's cause of death was gastrointestinal bleeding. His family has alleged that a beating from other inmates caused the bleeding.

No one has been charged in Shrewsbury's death.

The deaths at SRJ, as well as reports of deplorable and unsafe conditions at the jail and the mistreatment of inmates, including the withholding of medical care, have sparked a federal class action lawsuit.

The federal government is also investigating conditions at SRJ.

Three deaths have been reported at SRJ this year. The deaths were only made public after inquiries from multiple news organizations, including The Register-Herald.