A man who was shot and killed while trying to rob a pharmacy this week had his sentence on drug charges deferred in December so he could get treatment for his drug addiction.
Terry Gillenwater, 25, of Quick, pleaded guilty in December to the felony of conspiring to distribute oxycodone and a misdemeanor charge of possession of a controlled substance, Kanawha County Prosecuting Attorney Charles Miller said at a press conference Friday morning.
Instead of sending him immediately to jail, Kanawha Circuit Judge Duke Bloom deferred Gillenwater’s sentence to allow him to seek treatment.
It was Gillenwater’s first offense. Jerome Gooch, 29, of Charleston, was sentenced to jail time by Bloom for selling the pills to Gillenwater.
“It’s commonly done in situations where a defendant pleads guilty and agrees to go into rehabilitation or some other treatment program. If they successfully complete the program, the charges are subsequently dismissed,” Miller said. Bloom said late Friday that the deferment was requested by the prosecutor’s office as part of a plea agreement.
Gillenwater tried to rob the Good Family Pharmacy in Pinch on Wednesday, according to police. With his face covered by a bandanna, Gillenwater walked into the pharmacy and pulled a gun on employees behind the counter. Pharmacist Don Radcliff pulled his own gun and shot Gillenwater in the chest and abdomen. Another shot hit Gillenwater’s gun, jamming it.
Radcliff will not be charged in the killing, Miller said.
“Mr. Radcliff was completely justified in his actions. It’s unfortunate this man died as a result of his own actions,” Miller said. “It took a lot of courage for Mr. Radcliff to pull his own firearm in the face of a weapon being pointed at him that was fully loaded with a round in the chamber.
“Anyone confronted with deadly force, such as Mr. Radcliff was, is justified with using deadly force,” the prosecutor said.
Radcliff and a pharmacy intern tried to help Gillenwater after Radcliff shot him.
As Radcliff tried to stop the bleeding from Gillenwater’s chest, the pharmacist said, “Why did you make me do this?” and “I didn’t mean to do this,” according to other pharmacy employees who were there.
The incident occurred at about 9:45 a.m. Wednesday at the small but busy pharmacy, located at 242 North Pinch Road.
Miller said Friday that before entering the pharmacy, Gillenwater had cased the building and used his iPhone to search what drugs might be kept there.
“It’s unfortunate,” Miller said. “Based upon his plea in front of Judge Bloom, it appears Mr. Gillenwater had a drug problem, which is all too common here in Kanawha County.
“It appears he was driven by his addiction — not for money, but for drugs themselves. It’s a sad situation when addiction grips a young person to the extent they’re willing to go into a place with a firearm and endanger people to get drugs to support their habit.”
Reach Kate White at kate.white@ wvgazette.com, 304-348-1723 or @KateLWhite on Twitter.