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Ex-Police Chief Sentenced For Child Sex Trafficking, Prosecutors Call Victim ‘A Hero’

Larry Allen Clay Jr. of Fayetteville, 58, was the Gauley Bridge Chief of Police and a deputy with the Fayette County Sheriff’s Department when he offered to pay a financially desperate co-defendant, Kristen Naylor-Legg, to have sex with her 17-year old step-daughter in June of 2020. This week he was sentenced to a quarter of a century in prison for the crimes.

A former Fayette County law enforcement officer has been sentenced to 25 years in prison for child sex trafficking and obstruction.

He was arrested in 2021 and convicted last year, but made multiple attempts to delay Thursday’s sentencing.

An emotional U.S. Attorney for the Southern District of West Virginia, Will Thompson, said the victim was unusually strong throughout the investigation and trial.

“This was, you know, a teenager, a little girl, who was basically sold for $100 to a law enforcement officer who was wearing his uniform, actually had his gun belt strapped on to him while he was performing sexual acts upon her” Thompson said.

Thompson also said poverty may have been a factor – there’s evidence the money Clay paid was used to buy food.

In addition to his sentence, Clay has been ordered to pay $80,000 in restitution, much of it earmarked for the victim’s educational pursuits.

According to her statement in court, she had a scholarship for a nursing degree when the crimes derailed her plans. She intends to pursue a nursing degree, to follow in the career of her late mother.

“The victim did what she was supposed to do. She was 17 years old. She didn’t have any family,” Thompson said. “She is a pillar of strength. I mean, she had nobody. Her step mom was the one selling her. Where she put her head on a pillow that night, was the person who was then turning around and selling her. The fact that she had that strength to come forward is amazing.”

He added that federal investigations take some time. But he encouraged any victims in similar situations – including those in which the perpetrator is not involved in law enforcement – to reach out, to report the crime, and to be patient with the process.

“Report it. You know, we can’t do anything about things we don’t know about,” he said.

Jefferson County Repeals Ban On Minors At ‘Adult’ Performances

The Jefferson County Commission has repealed an ordinance prohibiting minors from attending certain live performances, including some drag shows.

Updated on Saturday, December 21 at 11:20 a.m.

The Jefferson County Commission has lifted an ordinance banning minors from “adult live performances” — including some drag shows — just a year and a half after its passage.

In June 2023, the commission narrowly voted to prohibit residents under age 18 from attending any performance that “depicts” or “discusses” nudity, “sexual conduct” or other forms of “obscenity.” The policy was repealed Thursday in a 3-2 vote.

At the time of its passage, some Jefferson County residents expressed concern that the ordinance was created to target drag performers.

While drag performance was not specifically referenced in the ordinance’s text, opponents said it bore similarities to anti-drag laws passed in other states, like Tennessee.

The ordinance was proposed by former Commissioner Jennifer Krouse, then a Republican. Krouse was removed from office by a circuit court this spring for refusing to attend several weeks of meetings over a conflict regarding vacancy filling protocol.

During the June 2023 meeting when the ordinance was passed, Krouse described drag performances as a risk to children.

“I’ve been to a drag show, I had a great time. It was fun,” Krouse said in June 2023. “There was no reason to have kids there. It was not a political thing, but it was funny, it was light-hearted, nothing serious about it. These days, that’s changed. It’s become overtly political. It’s become very, very sexual in nature.”

Some civil rights groups call characterizations like these unfair.

“It’s a dangerous stereotype that should be beneath our elected leaders. Drag is a beloved art form that has brought joy and laughter to millions around the world,” said Andrew Schneider, executive director of the LGBTQ advocacy group Fairness West Virginia, in a press release Friday.

“From the very beginning, it was clear that this ordinance had nothing to do with actually protecting children, and everything to do with making LGBTQ+ people seem like a dangerous threat to families,” Schneider said.

Under the policy, individuals who performed “obscene” content in the presence of minors faced a $500 fine or 30 days in jail for their first offense, and a $1,000 fine and six months in jail for subsequent offenses.

Numerous residents attended a June 2023 meeting of the Jefferson County Commission, many to speak against a policy they say targeted drag performers.

*Photo Credit: Shepherd Snyder/West Virginia Public Broadcasting*

Jack Jarivs, communications director for Fairness West Virginia, told West Virginia Public Broadcasting that this discouraged drag performances at large.

“The ordinance really didn’t have a ton of legal teeth to ban drag performances, or to ban drag performances, but that was never the goal of this ordinance as enacted,” he said. “The goal was to scare people, so people would be afraid of hosting drag.”

The American Civil Liberties Union of West Virginia expressed similar concerns in a June 2023 post on the social media platform X, formerly known as Twitter. They wrote that the policy aimed to “create confusion and chill free speech,” and said they would take legal action if it was used to target drag performers.

Some commissioners were concerned with the ordinance’s implications on a legal level.

In an email statement to West Virginia Public Broadcasting, Jefferson County Commissioner Cara Keys said the ordinance “stumbled over state law in a way that could potentially reduce a child’s protection.”

Keys, a Republican representing Shepherdstown, voted in favor of the policy’s repeal. She said the policy contained weaker penalties for “displaying obscene material to a minor” than similar laws on the state level.

Under West Virginia’s double jeopardy law, Keys said this meant someone convicted for violating the county policy might not be eligible to face a trial for those same charges on the state level, giving them a more lenient sentence.

“As a mother of four young children, I care deeply about the safety of all Jefferson county children,” she wrote. “I believe this ordinance was not given the proper legal consideration and public comment before being rushed through.”

Commission President Steve Stolipher and Commissioner Jane Tabb, who also voted to repeal the ordinance, did not respond to an email request for comment on this story. Neither did Commissioner Pasha Majdi or Commissioner Jack Hefestay, who voted against the repeal.

Meanwhile, Jarivs said that advocacy groups in the state view their decision as a win for the LGBTQ community.

“I think as more people learn and meet LGBTQ+ people in their lives, they’ll realize that we are just your friends, your neighbors. We’re your teachers, your coaches, your coworkers,” he said. “We’re just trying to live our lives authentically and free from discrimination.”

“I’m so grateful that we continue to see more small, rural communities across our state adopting inclusive laws,” Jarvis continued. “I’m hopeful for the future.”

**Editor’s note: This story was updated to include a comment from Jefferson County Commissioner Cara Keys.

Wheeling To Enforce Traffic Ordinance In New Year Amid Panhandling Litigation

Enforcement in Wheeling will mean warnings, citations, and fees for those who engage in prohibited behavior like standing or exchanging items at intersections.

The city of Wheeling will start to enforce a Pedestrian and Vehicle Safety Ordinance on Jan. 1 after passing it Nov. 6. The ordinance effectively constricts panhandling.

Over the past year, cities and counties have passed similar ordinances sharing similar language across West Virginia, with public discussions often centered around regulating panhandlers. Now, with Wheeling’s set to go into effect, other ordinances are complicated by litigation.

In December, legal aid group Mountain State Justice filed a lawsuit against Monongalia County’s ordinance passed in October 2023, arguing it restricts free speech for poor people. Staff attorney Lesley Nash says the group anticipates that enforcement in Wheeling will see the same issue affecting the same people.

“The folks who will face enforcement of the ordinance, whether that’s increased interactions with law enforcement, whether that’s warnings, whether it’s citations or fines — those will be predominantly, if not solely, folks who are poor, who are homeless or who are panhandling,” Nash said.

In Charleston, Councilman Chad Robinson said he “specifically asked [the city attorney] to take the Wheeling language and draft up a bill to start the discussion in our code format.”

Now, that drafted and revised bill has been stalled.

“We’re just kind of waiting to see what Judge Kleeh does,” Robinson said, referring to the district court judge assigned to the Monongalia ordinance lawsuit.

Enforcement in Wheeling will mean warnings, citations, and fees for those who engage in prohibited behavior like standing or exchanging items at intersections.

Virtual Testimony Program Expands To Greenbrier County

A program that allows survivors of sexual and domestic violence to testify remotely has expanded to its twelfth county in West Virginia.

Survivors of sexual and domestic violence in Greenbrier County are now eligible to participate in West Virginia’s Remote Victim Outreach Program.

Through the program, residents can participate in court hearings remotely at designated off-site locations, typically local advocacy groups. That means survivors can testify without sharing a courtroom with their abusers.

The Family Refuge Center is a domestic violence and sexual assault prevention center based in Lewisburg, which currently provides services in Greenbrier, Mercer, Monroe and Pocahontas counties.

The center will host the remote outreach program for Greenbrier County, announced by the West Virginia Supreme Court of Appeals in a Dec. 11 press release. Survivors of “domestic violence, stalking, rape or dating violence” are all eligible to participate, according to the press release.

In the past, residents had to file petitions and appear in court hearings in person at the county magistrate courtroom.

But Greenbrier County residents can now attend hearings from a “remote courtroom” in their center “to eliminate the option of them having to be in a small courtroom with their abuser,” said Executive Director Stephanie Moore.

In the future, Moore said she hopes her center can expand the program to neighboring counties in southeastern West Virginia to make court proceedings less burdensome for survivors.

“The primary goal of this was first to consider the safety of victims,” she said. “Victims oftentimes feel uncomfortable being in the same room with their abuser.”

Moore said her center’s participation in the program is part of a broader effort to provide “trauma-informed care,” recognizing that experiences of violence can create painful memories and addressing needs accordingly.

In last week’s press release, West Virginia Supreme Court Chief Justice Tim Armstead described locations like the Family Refuge Center as “less intimidating” environments than traditional courtroom settings.

“This remote technology helps to make our justice system more accessible to our citizens,” he said.

Meanwhile, Moore said the program can help introduce residents to the services her organization provides more broadly.

“It gives victims direct access to our services as well as our advocates,” she said. “At any point in time that they may want legal representation, then our facility is open and available for legal counsel to attend the hearing with them.”

Greenbrier County is the twelfth county in West Virginia eligible for the program, following its launch in the spring of 2023.

The program was expanded to Harrison County in August, as well as Marion and Monongalia counties in November.

Like Moore, Armstead said the state’s Supreme Court hopes to bring the program to additional counties in the future.

“We look forward to continuing its expansion across our state,” he said.

In the meantime, Moore said her organization is working to get the word out to Greenbrier County residents.

“Exposure is everything,” she said. “We’re just hoping that this can get out to everyone that needs it, and that people will spread the word so that we can start assisting more people.”

The Family Refuge Center can host remote hearings through the Remote Victim Outreach Program weekdays from 8 a.m. to 5 p.m.

To learn more or access support, contact the center at 304-645-6324. Additional information is available online through the organization’s website.

AG-Elect McCuskey Talks Federal Regulation, Rightsizing

West Virginia’s Auditor J.B. McCuskey will become the state’s Attorney General in January.

Statehouse reporter Caelan Bailey spoke with McCuskey about how he plans to follow Morrisey’s legacy, his career as a lawyer and delegate, and priorities for the incoming administration as a member of the incoming Board of Public Works.

This interview has been edited for length and clarity.

Bailey: As auditor, you established the West Virginia checkbook website for fiscal transparency. How do you see government transparency fitting into your role as attorney general?

McCuskey: I view government transparency as a baseline duty of public officials. The taxpayers are our bosses. They are also the stockholders in the company that pays us, if you will. And so for me, the idea that bureaucracies hide what they’re doing, and when the government hides its functionality and its actions from the public, it leads to enormous problems.

As we’ve seen, the national debt at the federal level just absolutely explodes. I think a lot of that can be tied back to the fact that our federal government and Congress, in many ways, doesn’t allow taxpayers to truly see how they’re funding programs, why they’re funding programs, who is getting government contracts, and how much they’re being paid and so, you know, just as an aside, I’m very excited to see how the DOGE sort of committee works.

Bailey: You mentioned DOGE federally. During the campaign, now-Governor-elect Morrissey mentioned rightsizing frequently. How do you see that fitting into West Virginia government, and any efforts the Attorney General’s office might have in that?

McCuskey: So when you look at where West Virginia is today, we live in a world where very frequently, when a government program is not producing the results that it’s supposed to, they will come to the legislature and say, I can’t do this because I don’t have enough funding. And that, in my mind, is a lazy explanation for poor results.

What rightsizing is really about is determining how much something is supposed to cost, not how much it cost last year, and then adding to it. We believe, both Patrick and I do, that the services that the government must provide to its citizens have to be done better than they’re being done now. And neither one of us believe that the only answer to providing those better services is increasing the cost of the taxpayer.

There are a myriad of creative ways that when people really dig down and do the hard work they can, they can determine how to do what it is that they’re doing at less, at less of a cost and at greater efficiency. And so the idea of rightsizing isn’t necessarily about eliminating things. It’s about making the things we do work better and actually doing the hard work to make them better without increasing their cost.

Bailey: You have commented on supporting coal for energy needs like data centers and artificial intelligence. Recently, Senator Shelley Moore Capito has worked on bringing one such data center to southern West Virginia. What do you see as your role in this project and in broader energy efforts? And then what about gas and renewables?

McCuskey: Yes, so the role as it pertains to bringing new data centers to West Virginia is simple. The delta between how much electricity this country produces right now and how much it’s going to consume over the next 10 years has never been greater in the history of our country. And while, you know, renewables and an all of the above approach is a great idea, we do not have the technology or the infrastructure for renewable type energy sources to produce the amount of power that this country is going to need in the time frame it’s going to need it and in a way that is economical, both for businesses and for average citizens.

So the coal and gas is the most reliable, and when given an even playing field, without question, the most economic way of producing electricity in this country. And I believe that it is short-sighted and insane to prevent the easiest and most reliable forms of electricity from existing. All that is to say that that doesn’t mean we shouldn’t be investing in and working on finding green energy solutions or sustainable energy solutions, but there, there isn’t a pathway forward if we want to be the nation’s leader in technology and data and artificial intelligence, where non-carbon-based fuels are going to be able to meet that base load.

Bailey: When you’re talking about evening the playing field, are you referring to wanting to challenge or change current EPA regulations around emissions?

McCuskey: Yes.

Bailey: In the vein of Morrisey challenging those in the past, you do see your office, potentially, as continuing in that vein?

McCuskey: I’m super hopeful that we won’t have to. It’s looking like we’re going to have a set of significantly more rational people running both the Energy Department and the EPA. And so hopefully a lot of that change will happen in Washington, and we’re looking forward to working with anybody who is willing to allow the carbon based fuel market to thrive once again.

And I think the important part of all of this is that we won’t, in my opinion, be able to create the kind of low cost energy that will power the revolution of what eventually will be sustainable energy without cheap electricity. And as we can see in every consumer in the state and every consumer around the country can see, our electricity bills are not getting smaller. They’re getting significantly larger, and the less expensive we can make that that expense, both for businesses and consumers, will start to drive the innovation that so many people who oppose fossil fuels are looking for. The other part of this that is really, really important to remember is that the emissions that our power plants are already under have made that sector of energy incredibly clean, and there is no non environmentally unfriendly energy source, right?

If you’re talking about solar, you’re talking about batteries, and you’re talking about an enormous amount of economic impact. And when you’re talking about, you know, things like windmills, you have the same general issues. There is no magic bullet. We have not invented cold fusion yet, and so I think it’s important for us to use what we have at our disposal just to hopefully create another sort of economic renaissance in this country, like we saw in the industrial revolution.

Bailey In your earlier career, you worked for the American Center for Law and Justice, or the ACLJ, which is a conservative Christian organization that, in the past, has opposed same-sex marriage. Would you support any challenges to Obergefell v. Hodges in your role as West Virginia Attorney General?

McCuskey: Obergefell is good law, and it’s not going anywhere. And I think you can see from President Trump’s cabinet picks and cabinet selections that is not a priority for the federal government, nor would it be a priority in my administration.

Bailey: How do you approach defending civil rights in West Virginia more broadly? Are there any priorities as far as either trying to support certain cases or federal challenges that you see going into your administration?

McCuskey: I think one of the things that we need to work on, just in general, is, how do we ensure that the next generation of people understands what their civil rights are? How do we make sure that children understand the constitution that they live under and the ways that they can thrive in this country that, to be fair, are almost all derived by the civil rights that are guaranteed in the Constitution.

Bailey: Would that be any education initiatives from the Attorney General’s office that we could be looking out for?

McCuskey Yes, so we’re very hopeful to work with a lot of members of our law enforcement community to, number one, show that there are great pathways for really smart, really driven kids to get into law enforcement, but also some of the ways that you know, if there is somebody in law enforcement who who might have a negative interaction with somebody, what are the best ways to approach that? What are the best ways for you to protect yourself, protect your rights, and to ensure that the system, as it’s derived, is able to protect you from those kind of interactions. And I have several people on my transition team that we’ve talked to about what are the best pathways to do that.

And I’m really excited about the opportunities to hopefully show kids why it’s a great idea to be a lawyer, why it’s a great idea to be in law enforcement, and that if you do care about civil rights, there is no better profession to get into than either one of them.

Bailey: You were a state delegate before you were the auditor. And in 2016 you joined in sponsoring a bipartisan Second Chance for Employment Act which would allow for some felony convictions to be expunged, and then a version of the bill was passed in the next year. As Attorney General now, how would you balance prosecution choices and the impact that criminal records might have after time has been served?

McCuskey: Sure, so the attorney general in West Virginia doesn’t have any prosecutorial authority. The ways in which we interact with our county prosecutors is that we help them when cases are appealed to courts higher than the circuit court. And so there is nothing specifically that my office can do in that realm, because we don’t have that power. And quite frankly, I am fine with that.

We have a really great group of 55 county prosecutors that I’ve been very proud and happy to work with over the last eight years as auditor. I think the larger question there is we have a substance abuse problem in West Virginia that is starting to maybe take down a little bit, but we can’t close our eyes to the problem, and we can’t always, we can’t always rely on the criminal justice system as the best place for people to get help. And it is my belief that a great job and a job that makes you feel fulfilled and makes you feel like there’s a future is probably the best form of rehabilitation for anybody.

And so everything we can be doing to help people who truly want to be helped, and are doing everything they need to be doing to turn their life around, to ensure we’re doing everything on the other end to give them that opportunity.

Bailey: Current Attorney General Morrisey went from Attorney General to Governor. Would you be seeking higher office in the future? What are your goals looking ahead?

McCuskey: My current goals are to build an Attorney General’s office that has the same level of talent and success that Morrissey has had, ensuring that this office does everything it needs to do to support his efforts in the governor’s office, as well as to protect the citizens of West Virginia, not only from federal overreach, but from all of those who wish for for our success to be thwarted. And you know, the cards will play out where they will. My life is in service, and my parents told me a long time ago that, you know, there is no better way to spend your time than trying to make people’s lives around you better. It’s why I got into this job in the first place, and I will continue to serve in whichever ways the people of West Virginia let me do.

Incoming AG Talks Plans For Administration And Remembering Christmas On USS W.Va., This West Virginia Morning

On this West Virginia Morning, incoming Attorney General J.B. McCuskey discusses priorities for the incoming administration, and a look at Christmas past on the USS WVa

On this West Virginia Morning, West Virginia’s Auditor J.B. McCuskey will become the state’s Attorney General in January. Statehouse reporter Caelan Bailey spoke with McCuskey about his career as a lawyer and delegate, and priorities for the incoming administration, and how he plans to follow the legacy of outgoing Attorney General and Governor-elect Patrick Morrisey.

And Christmas can be particularly difficult for those deployed away from home while serving in the military. Archival material shows how the Navy made the holiday special during the Great Depression — with a West Virginia connection.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning