STAUNTON - An unsuccessful effort to obtain the mental health records of convicted killer Tina Matheny delayed her sentencing Thursday in Augusta County Circuit Court.
Augusta County Commonwealth's Attorney Tim Martin said he was told by Matheny's attorney, H. Eugene Oliver III, that the delay was apparently caused by the Valley Community Services Board.
"According to her attorney, she signed off a long time ago to allow her mental health records to be turned over to the court and allow them to be discussed in open court," Martin said after the hearing.
The prosecutor made it clear he didn't ask for the delay and said he has no issues with VCSB.
In court Thursday, a visibly frustrated Circuit Judge Victor V. Ludwig said he will subpoena VCSB to provide the mental health information at Matheny's sentencing hearing, now scheduled for July 10.
"I just don't understand it," the judge said.
Matheny, 49, of lexington, was convicted in December of second-degree murder for the knifing death of 36-year-old Peggy A. Woods of Augusta Springs. Woods was killed March 25, 2017, at the Craigsville IGA after encountering Matheny.
Evidence showed the two women, close friends for 20 years, exchanged words when Woods initiated contact by pushing Matheny with both hands. Matheny, who concealed a small knife by her side, took three roundhouse swings at Woods, stabbing her once in the neck and twice in the arm. Following the stabbing, Matheny handed the knife to her brother.
The incident lasted about 10 seconds.
After being stabbed, Woods stumbled and fell to the ground. She died almost immediately.
A medical examiner said the blade cut Woods' carotid artery and sliced her trachea.
Initially charged with first-degree murder and facing the possibility of life in prison, several hours into her December jury trial, Matheny halted the proceedings and entered an Alford plea to a reduced charge of second-degree murder. An Alford plea acknowledges there is enough evidence for a conviction but doesn't admit guilt, but it is handled the same as a guilty plea.
In exchange for the plea, Martin agreed he wouldn't ask for more than 15 years behind bars. On Thursday, he said the jury trial was a risk for both the defense and prosecution.
"We were very close to manslaughter territory here, because this killing happened in the course of a fight," Martin said. Manslaughter carries a maximum of 10 years in prison.
Had the jury opted to convict Matheny on the lesser charge of second-degree murder, which carries a sentence of five to 40 years, Martin said there was still a chance, based on her having no criminal history and mental health issues, that she would have received less than 15 years in prison.
Matheny also has cervical cancer, according to Martin.
She remains at Middle River Regional Jail awaiting sentencing.