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PARKERSBURG -- Billy Ray Johnson is pleading guilty to voluntary manslaughter in the death of his half-brother Kenneth Wayne Arnott from November 2019, according to a plea agreement accepted Monday before his trial for murder was suppose to get underway.
Many potential jurors came Monday morning to the court of Circuit Judge Robert Waters and a roll call was taken as the prosecution and the defense continued negotiations. Just after 10 a.m., both sides informed the court Johnson had accepted a plea agreement and the potential jurors were dismissed.
In November 2019, Wood County deputies and West Virginia State Police responded to a reported domestic dispute at a Staunton Turnpike residence outside Parkersburg. Arnott was found stabbed.
Under the agreement, Johnson will enter an Alford Plea to voluntary manslaughter, a lesser included offense of the indictment. Court personnel have said an Alford Plea was where the defendant maintained their innocence but acknowledged the state could convict them in front of a jury.
The potential sentence could be three to 15 years in jail. Both sides agreed to a sentence cap of seven years which would allow the court to sentence Johnson to three to seven years in jail, according to the agreement.
If Johnson is incarcerated the state agrees to not comment in regards to his parole eligibility.
Defense Attorney Eric Powell said the plea agreement brings Johnson "an opportunity to resolve family turmoil" regarding his half-brother and where it would be possible he could be home on parole by November 2023 due to time he has already served in jail over the last couple of years.
Powell believes "the court found a strong element of self-defense."
During a pre-trial hearing last week, witnesses testified about Arnott's past instances of violence regarding people and animals as well as regular threats of violence towards Johnson. They testified Arnott was prone to regular fits of anger with relatives and others saying they never knew what would set him off.
Witnesses also talked about Arnott throwing things at people, making threats and hitting animals, such as dogs and a horse, during the hearing last week. Testimony also included one instance where Arnott hit Johnson and gave him two black eyes.
Both Powell and Wood County Prosecutor Pat Lefebure said the agreement was due to the wishes of Johnson and Arnott's mother.
"It was pursuant to the family's wishes," Lefebure said.
Powell said it brings her a sense of "finality between the two half-brothers."
Sentencing is set for Monday, Feb. 14, before Waters.
Brett Dunlap can be reached at bdunlap@newsandsentinel.com