Escape charges were filed against them Sunday. If the county prosecutor moves forward with the case and the men are convicted, they could see an additional one to five years added to their sentences.
Rubenstein said they would also appear before an institutional hearing officer for internal disciplinary proceedings. Escaping is a Class 1 violation, he said, meaning it's one of the most serious infractions a prisoner can commit. He said if they were found guilty they would likely serve time in segregation.
"They won't go back to Denmar," Rubenstein said. "They'll be at Mount Olive for some time and they'll do their segregation there."
He said after the internal disciplinary hearing the men would likely be at Mount Olive or maybe Huttonsville Corrections Center in Randolph County for a period.
Rubenstein said he thought it interesting that these men tried to escape.
Morehead, who was convicted of second-degree sexual assault in 2007 in Nicholas County, was serving a 10- to 25-year sentence. He would have seen the parole board in 2017, meaning he was more than halfway to his parole eligibility.
"No disciplinary violations during his incarceration," Rubenstein said of Morehead. "He was basically doing what he would need to be doing to appear before the parole board in good standing."
Pennington had five infractions, which Rubenstein said were "not real serious," over his 15 years in prison.
Pennington is serving a life sentence. He was convicted in 1998 of murdering George Owens of South Carolina and setting fire to his vehicle in Kanawha County. He went up for parole in February but was denied. He was to be eligible for parole again in February 2015.
He said Pennington was at the "mercy of the parole board."
"Bottom line, when appearing before the parole board, and I can't speak for them but when they see something like this on the record, it's not anything they want to see," Rubenstein said.
Contact writer Ashley B. Craig at ashley.cr...@dailymail.com or 304-348-4850.
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