Rockingham County Newspapers
submitted by:
Larry Shifflett lfsofva@hotmail.com
From papers held at the Rockingham County Historical Society
ALBERT WALTER SHIFFLETT
STAUNTON - March 20, 1947, David Emmett Clark, 17, arraigned on a charge of manslaughter in the death March 4, 1946, of Albert Walter Shiflett, of Rockingham, a patient in Western State Hospital, was given a two year suspended sentence today in Staunton Circuit Court by Judge J. Harrison May. Clark, who was jointly indicted with Herbert Lee Bentch and John William Wood, was placed on probation. He told the court he was going to enlist in the United States Army. Both Clark and Bentch were attendants at the mental institution while Woods was a patient-attendant. On June 21 last year Bentch was sentenced to two years in the penitentiary on a charge of involuntary manslaughter in the death of Shifflett, while Woods was declared insane when he appeared before Judge May on January 15, 1947, and ordered returned to Western State Hospital. The charge against Bentch had been reduced from murder by CommonwealthÕs Attorney Fitzhugh Elder, Jr. Shifflett, 49-year-old resident of Rockingham County, was found dead about 24 hours after he had been admitted to Western State Hospital for treatment, and death was attributed to the rigorous treatment he had received at the hands of the three former attendants. During the trial today, Defense Attorney Michael Kivligham told the court that Clark was only 16 at the time of the offense and ShifflettÕs death had been very cooperativewith the Commonwealth. This was corroborated by CommonwealthÕs Attorney Elder who recommended the two year suspended sentence. John D. White, employed by the State Hospital Board to assist the prosecution, said that ClarkÕs testimony at the trial of Bentch had been an important factor in assisted the jury in determining what he called a very fair decision in that trial. Judge May, in commenting on the sentence, said it appeared Clark should not have been employed in the first place because of his age at the time. He asked the defendant what he intended doing and Clark replied that he would join the army.
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