Back found guilty by jury

Jaynell Graham
Editor
 
A jury was seated December 15 in a case the State of West Virginia vs Tracy Back, 55, of Buckeye.

Back was arrested August 3, 2016 by Chief Deputy T. A. McCoy and, according to Magistrate Court records, was charged with  “knowingly, willfully and feloniously threatening to commit a terrorist act, with or without the intent to commit the act.” 

Court records show that Back “threatened to kill several of his family members, and stated he would like to become like one of those individuals who kill a bunch of people to get attention because he doesn’t know anyone in West Virginia, and no one knows him.”

Back was indicted by the Grand Jury in its August Term, and he has been incarcerated in the Tygart Valley Regional Jail since that time.

The jury deliberated four hours Thursday before returning a verdict of guilty of “threatening to commit a terrorist act.” 

Although no act of terrorism took place, West Virginia Code states that it is a crime to threaten “with or without the intent to commit the act.”

The court determined that Back’s verbal threats “were intended to intimidate or coerce the civilian population.”

Back was remanded to custody, and will be sentenced February 15.

Pocahontas County Prosecuting Attorney Eugene Simmons and assistant prosecutor Keith McMillion presented the case for the state.

Attorney E. Lavoyd Morgan, Jr., of Lewisburg, represented Back.

Jaynell Graham may be contacted at jsgraham@pocahontastimes.com

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