Mar 28, 2014 - By Eric Blom, Staff WriterGeorge Wendall Moss was sentenced Thursday to eight to 10 years in prison for stabbing his brother in the fall, soon after he got out of federal prison for stabbing a different man in 2010. Both victims survived.
"When you're looking at two stabbings in a fairly short time, you're looking at one of those people that needs to be removed from the community at large," Fremont County deputy attorney Ember Oakley said in arguing for the prison sentence.
Public defender James Whiting also supported the penalty for his client, as it was the result of a plea agreement with prosecutors. In return for Moss's no-content plea to aggravated assault, Oakley dropped a charge of attempted second-degree murder.
Whiting said Moss, 28, of Riverton, pleaded no contest rather than guilty because he was too drunk the day of the stabbing, Oct. 11, to remember what happened.
The sentence imposed is on the high end of the zero-to-10-years penalty range for aggravated assault, but it is much lower than any penalty for attempted murder, which would have been 20 years to life in prison.
District Court Judge Marvin L. Tyler approved of the deal and sentenced accordingly.
"I believe this plea agreement is appropriate, and is just and fair," he said. "It is not too lenient, and it is not to severe. It does impose significant punishment."
Tyler gave Moss 167 days credit toward his sentence for time served and recommended he be admitted to addiction treatment programs available in state prison.
The Fremont County Attorney's office had contacted Moss's brother, Darrell Moss Jr.. The main concern was for the defendant's welfare, Oakley said. The brothers had made amends, she said, and the victim did not want to see his brother go to prison.
The prosecutor still thought the stiff sentence was appropriate.
"He stabbed him in the chest," Oakley said. "It's sheer luck we are not sitting here in a murder case and not looking at life in prison."
Darrell Moss was found lying on the ground at about 2 p.m. Oct. 11 at 939 E. Monroe Ave., space 18. Officials said he was bleeding from a single stab wound to the chest.
The victim and other witnesses identified the suspect as Wendall Moss. They said he had fled the area on foot and was headed south.
Wendall Moss was located soon afterward and arrested. Darrell Moss Jr., then 30, was airlifted to the Wyoming Medical Center in Casper to be treated for his injury.
Wendall Moss had been released from federal prison only recently before stabbing his brother, Oakley said. Moss served the first sentence for stabbing his girlfriend's brother. He was on supervised release for the federal crime when he stabbed his own brother, Whiting said, and would likely face two more years in federal prison for violating the terms of his release.
On Feb. 24, 2011, U.S. District Court Judge William F. Downes sentenced Moss to three years and five months in prison and three years supervised release on one count of assault with intent to murder. He also ordered he pay $25,000 in restitution to his victim, Cameron C'Bearing.
An affidavit in the federal case said Moss and C'Bearing were drinking on June 25, 2010, at an Arapahoe residence. Moss left to drink at a Riverton bar, returned, and began arguing with his girlfriend Stephanie C'Bearing. Cameron C'Bearing tried to intervene, but Moss grabbed a large kitchen knife and attacked him, according to C'Bearing's brother, who was at the home.
As Moss sat on top of C'Bearing stabbing him, the brother, Craig C'Bearing, knocked Moss off his victim with a length of pipe. Moss charged at Craig C'Bearing, who was able to run away.
He then saw Moss grab a smaller knife from the kitchen and run from the home.
Craig C'Bearing went to find his brother, and when he did, Cameron C'Bearing still had the large knife sticking out of his back, according to the affidavit.
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