By: Lydia Crawley
The Parsons Advocate
Clayton Mallow will serve his sentence for five felony counts of fraudulent use of an access device on home confinement. The sentencing Friday, December 13th, followed the acceptance of a plea deal in October. Mallow appeared in person before Judge Courrier along with his attorney James Fox.
As part of the sentencing hearing, Tucker County Prosecuting Attorney Savannah Hull Wilkins called two witnesses to the stand to testify to their history with Mallow. The first to be called was Kaleb Kennard who appeared via Teams. “I’ve known him for a few years now,” Kennard said. “He first messaged me on Instagram.”
Kennard went on to say that he was 17 at the time that Mallow first messaged him. He identified Mallow in court by what he was wearing.
Kennard also said that over the course of their conversations, Mallow would request Kennard send him pictures, socks and underwear, specifically pictures of him wearing the socks and underwear he would send to Mallow. According to Kennard, he would drop off the items in an unlocked car in Elkins for Mallow. In return, Kennard said Mallow would pay him “a couple hundred dollars” or send clothes to Kennard.
Kennard said at the time he was living between Elkins and Morgantown at the time.
Under cross examination by Attorney Fox, Kennard said he could not be positive that he sent pictures between March and May of 2023. “You can’t testify under oath today that you sent pictures of socks and underwear between March and May of 2023,” Fox said.
Kennard replied that he never said that he did or he did not. “I’m not saying I didn’t,” Kennard said. “I’m not saying I did.”
Kennard went on during the cross examination to deny that there was a sexual relationship between he and Mallow or that there was anything sexual about the requests. Kennard denied there were sexual favors, advances, touching, requests or conversations. Kennard also said that had there been any sexual undertones it would have made things uncomfortable and he would have broken off contact immediately. “I wasn’t worried about what he was doing whatsoever,” Kennard said.
During redirect, Wilkins asked if Mallow had conditions for how he wanted the items submitted to him to be in. Kennard said they had to be worn, specifically usually “worked out in” such as at the gym. Kennard also said he had to send pictures to prove that the items had been worn to Mallow’s satisfaction. “That did not seem seem sexual to you?” Wilkins asked. To which Kennard replied, “No.”
The second witness to be called was Brock Bennett who appeared in person on the stand. Bennett testified that the he had known Mallow since he was 12 years old. Bennett also said that many people in the community knew of Mallow and what he was doing. “He would give stuff for free in exchange for stuff you had – the situation,” Bennett said. “There’s been a lot over the years.”
Bennett said he first started talking to Mallow on Snapchat when he was 12. Mallow would buy him such things at vapes and beer in exchange for socks and underwear. “After basketball practice, stuff like that,” Bennett said.
Bennett said he would drop the items off at “the Gas House.” Bennett also described the interactions as sporadic and said that there was not an immediate cause and effect relationship to the interactions. He would not drop something off and immediately get something, there would often be long time lapses between interactions. “I don’t remember if he asked for them or not,” Bennett said.
Some photographs of Bennett were shared to the defense, Bennett and Judge Courrier by Wilkins. In one, it was described that Bennett was naked except for his hands covering his genitalia. The photos were not shown to the open court. When asked, Bennett said he was 16 or 17 at the time the photographs were taken. Bennett testified that he did not think there was anything sexual about the photographs and that he sent a lot of photos to a lot of his friends all the time and could not remember every photo he ever sent. “There was never anything sexual about anything ever,” Bennett said.
Under cross examination, Fox said that Bennett had a television sent to him, but that it was instead intended for Mallow. “You were the conduit,” Fox said. “It was sent to you, but it was for him.”
Bennett said that he asked Mallow once why he sent “gifts.” According to Bennett, Mallow said it was, “a source of happiness or a source or peace.”
Wilkins redirected her questioning to Bennett and pointed out that the witness had given conflicting statements to the police. According to affidavits given, when first approached by police, Bennett denied knowing Mallow. Yet, during his testimony, Wilkins said, Bennett testified that he had known Mallow since he was 12 years old.
In closing statements, Wilkins said the crux of the issue for the state was the sexual motivation of the crimes. “Its hard to talk about,” Wilkins said. “Its strange. Its hard to talk about teenage boys and someone buying their socks and underwear.”
Wilkins referenced the nude photograph. “What is sexual to one person is not necessarily sexual to someone else.”
Wilkins referenced the credit card info scheme as part of a long term grooming scheme perpetrated by Mallow. “There is a sexual undertone to this,” Wilkins said. “They have been groomed by Mr. Mallow over years.”
Attorney Fox said in closing statement that the sexual motivation had to be proved beyond a reasonable doubt. “We have two witnesses who say its not sexual,” Fox said. “You don’t have any testimony.”
Fox went on to say that everyone is different and has different likes and desires. “Everyone has different predictions,” Fox said. “We don’t know what he did with them. There was no testimony what he did with them.”
Fox said any thoughts on the matter would be pure speculation. “We can speculate,” Fox said. “We can offer innuendo.”
Fox also reminded the court that Mallow did not plead to something lesser to avoid a sexual crime. “There’s no way he should be required to register as a sex offender for the next 10 years of his life,” Fox said. “Maybe it makes him feel wanted to buy something…it doesn’t mean he’s a pervert.”
Mallow spoke to the court. In his statement, he apologized to his family and victims, among others. “I would like to apologize to you, the prosecutor, the victims, of course. I did put a lot of hardship on them. I want to apologize to my parents,” Mallow said.
Mallow was sentenced to two years on four counts of the five counts to run concurrent with any charges to come out of Randolph County. He was sentenced to serve the two years in home confinement and pay restitution in the amount of $5,367. The fifth count is suspended with one year probation to be waived if restitution is paid in full.
Judge Courrier said he gave the matter of sexual motivation a lot of thought, but did not feel that there was enough evidence to determine beyond a reasonable doubt that there was sexual motivation behind the crimes for which Mallow was convicted. Judge Courrier said there was some insinuation, but not enough evidence to determine beyond a reasonable doubt for a fraud case. “I do not have enough evidence beyond a reasonable doubt for sexual motivation,” Judge Courrier said.
Mallow’s home confinement is scheduled to begin the first week of January. Mallow will not be required to register as a sex offender and was not convicted of any sexual crimes.
