A former law enforcement officer in Boone County, who put his now ex-wife through what authorities call "a night of torture", will walk away a free man much earlier than expected.
For the first time, the victim is sharing her story to show how a loophole in legislation could put other victims in the same situation.
"I basically told him I was going, I didn't ask, and he was just furious over it," Jessica Woodrum said.
What started as a night out with girl friends took a drastic turn once Jessica got home that December night in 2016 to her husband, Kevin Woodrum.
“He just grabbed me by the back of my neck and threw me down in the living room floor,” Jessica said.
She said Kevin ripped her clothes off and forced her upstairs to their bedroom.
"He tied my arms apart and my legs apart and he turned the heat off in the house," Jessica said. "I just remember him reaching toward my head and grabbing my hair. I remember hearing it.”
She said he questioned her “over and over and over" about the night for hours.
"I guess every time I said an answer that he didn't like, he would just punch me in the face," Jessica said. "His goal was to break my jaw. What he did do was put both of his hands in my mouth, one down, one up, and just stretched it as far as it would go, which ripped my lips from the inside from my gums. I have breast implants and with all of his might would just try to bust them."
It was a night of torture Jessica wasn't sure she would survive.
"He said, 'you know I'm going to kill you, right?' and I said, 'I do' and he just looked at me and I said, 'I'm ready, just do it' and he choked me at that point until I passed out.”
By daylight, some of Jessica's family members were worried and called police.
"I remember saying, 'I just don't want to have to tell the kids you did this' and he said 'you did this',” Jessica said.
Kevin Woodrum's trial began in 2018.
“Four very long days, very intense days, a lot of testimony,” said Keith Randolph, Boone County's Prosecuting Attorney.
Kevin Woodrum was found not guilty of second-degree sexual assault and strangulation, but he was found guilty of four crimes: domestic battery second offense, malicious assault, assault during the commission of a felony and, the most serious charge, kidnapping.
“We were pleased with that because we all knew when we left there what that meant as far as a sentence,” Randolph said.
Woodrum was sentenced to life with mercy on the kidnapping charge and additional time for the other crimes set to run consecutively. He appealed his case and earlier this year, the West Virginia Supreme Court overturned two charges: kidnapping and assault during the commission of a felony.
“They decided that we left out an element of the crime of kidnapping," Randolph said. "Everybody in the sequence of the system up to the Supreme Court, viewed this particular crime as unlawful restraint with the intent to terrorize the victim. That’s how we indicted the case. The Supreme Court looked at the wording of the statute and said no, that’s not the case, there’s another element that requires transportation after one is unlawfully restrained.”
In August, Boone County prosecutors dropped the two charges against Kevin Woodrum.
“Every prosecutor in this state has an ethical obligation that if they feel there’s not probable cause to pursue criminal charges against somebody, they must dismiss them and we knew based on the transcript, the testimony of the victim, as well as other witnesses, that there was no longer evidence that would support kidnapping now with the new element of transportation," Randolph said. “Regardless of the emotion that’s in it, regardless of the nature of the offense or the facts, our obligation in the end is to make sure that we follow the law.”
Without a life sentence, Woodrum is now eligible for parole with his time served by December of next year.
“It’s very frustrating and we’re extremely disappointed for the victim and her family," Randolph said.
"I can't imagine what it's going to be like to wonder every day: Is this the day? Is he different? Is he mad today? Every day," Jessica said.
Eyewitness News did reach out to Kevin Woodrum's attorney for comment. So far, there has been no response.
Eyewitness News also learned U.S. Attorney Mike Stuart's office is investigating this case.
Once Kevin Woodrum is released, he will remain a convicted felon. Jessica Woodrum does have a lifetime protection order against him.