A McDowell County man who spent 15 years in prison for a crime he didn’t commit may soon finally receive some money for the time he spent behind bars.
On Wednesday, the Legislative Claims Commission — a special body which recommends pay outs for damages the state is responsible for — ruled Charles “Jason” Lively should be entitled to $1.56 million for the decade and a half he spent in prison.
Lively was convicted in 2006 in connection with the death of a prominent doctor and political figure in the county. He was released in 2020 after new forensic analysis determined the fire that killed the victim was electrical and not arson.
After a two-day hearing in early October, the three-member commission finally rendered its decision this week. While a far-cry from the $18 million Lively’s attorneys argued for, the amount is still well above the $51,000-$117,000 that lawyers for the state had proposed.
In calculating the number, the commission determined Lively should be awarded $492,338 for future medical treatment, mainly for the PTSD he developed after spending 11 out of 15 years in solitary confinement.
While Lively’s attorneys argued for about $2 million for economic damages, the commission determined he was only entitled to $101,625 in lost wages, noting his spotty employment history, mainly under-the-table jobs.
The commission calculated Lively should receive $975,000 for “loss of liberty and loss of freedom.” While some states have a base rate for each year someone wrongfully served in prison, West Virginia does not.
Citing an Innocence Project report from 2009, the commission said $50,000 per year is considered a decent base rate for each year. However, the commission recommended an additional $15,000 per year served on top of that.
“The combination of the failure of the legal system at all levels, the worse treatment received from corrections staff and the other inmates due to the nature of the crime of which he was convicted and the extensive time spent in solitary confinement justify an enhancement of that ‘base rate’,” the commission wrote.
The commission’s recommended award will have to be approved by the state Legislature during the session that begins in January. If approved, Lively is expected to see the money later next year.
