Second Chance: A Continuing a Fight for Restorative Justice

Author’s Note: This is an update to an article posted on BBG’s website on Dec. 2, 2023. To view the previous article, click here.

By Amanda Barber

A community continues to fight for a man named Charlton “BB” Horton, who was sentenced to life without mercy at only 18 years old. 

After spending three decades in a maximum security prison in Fayette County, West Virginia, Horton stood before a judge during his court hearing on Monday, Dec. 4. There, a devoted crowd of supporters rallied behind Horton, advocating for restorative justice and his potential release. 

“Let BB’s story be a catalyst for change, inspiring hope, and advocating for justice reform that benefits
both individuals and communities throughout West Virginia and beyond.”
— Kelly Simmons, friend of Charlton “BB” Horton

According to court documents from an appeal filed in 1998, Horton and another man were “convicted in separate trials of the offense of murder in the first degree without a recommendation of mercy.” 

Horton’s advocates note that he has shown regret for his actions as well as significant growth in his rehabilitative journey. He is fighting for a second chance to be free and contribute positively to society. Horton’s pursuit of freedom is a symbol of combatting the racial disparities in the legal system, specifically for Black men sentenced during the “tough on crime” era in the early to mid-90s. 

A judge denied Horton’s motion for a second chance in front of a crowd full of his supporters, but those behind him are not giving up on the call for restorative justice just yet. 

“Even though the judge denied the motion on Monday, he was forced to do so with a courtroom packed full of supporters who sat in silence and disbelief for quite some moment after the judge delivered his decision,” says Kelly Simmons, who has known Horton since high school and is involved in the movement for his second chance release. “This is just some of the folks who came out to support BB … While the attorney will work on filing an appeal, my efforts have turned toward the clemency appeal that has been pending since 2020 as well as Second Look legislative reform measures.” 

The National Association of Criminal Defense Lawyers (NACDL) released model legislation and a report advocating for Second Look legislative reforms. The model legislation proposes that incarcerated individuals should have the opportunity for a “Second Look” at their sentences after serving at least ten years in prison. The NACDL says this timeframe allows for a reasonable period of rehabilitation. 

The NACDL also says that all incarcerated individuals, regardless of their offense or age at the time of conviction, should be eligible for resentencing. The goal of this proposed legislation is to reduce the number of people serving excessive sentences and provide them with a chance for a fresh start.

According to letters and testimonials describing Horton, he is a kind-hearted, intelligent person with an infectious smile and a non-violent demeanor. His friends, family and community members in Keyser and Piedmont remember his exceptional basketball skills during school, which they say would make him an exceptional mentor for young athletes if he were released. 

If you would like to become a part of the effort to support Horton, you can sign the Change.org petition that launched on Thursday. You can also learn about Horton by watching a YouTube video that Simmons created, titled “A Second Chance for Charlton ‘BB’ Horton Jr.” 

To receive updates or other information, join the “State-of-the-Heart Restorative Justice Ambassadors” Facebook group. 

This story has been edited to correct the location of Horton’s imprisonment at Mt. Olive Correctional Complex. It is in Fayette County, not Mineral County.