CHARLESTON, W.Va.— A South Charleston woman entered a plea agreement Monday with Kanawha County prosecutors after she shot a woman in the Riverwalk Kroger in South Charleston in May 2023.Lydia Spencer, 34, entered a Kennedy Plea to being a prohibited person carrying a firearm after shooting another women in the back during an argument with the victim.

According to the criminal complaint, when an officer arrived at the scene, witnesses pointed to the nearby Krispy Kreme where Spencer had fled. She was ordered to the ground, and was taken into custody.

When she was asked, she voluntarily told them she had the gun, a small revolver in her purse. When police located the weapon they noted that it had one spent shell casing in the cylinder. She was a prohibited person carrying a firearm because of a prior felony conviction of being in possession with the intent to distribute heroin.

The plea agreement between the state and Spencer’s lawyers said Spencer would enter the Kennedy Plea to the felony charge of being prohibited persons carrying a firearm, and the rest of the criminal counts would be dismissed against her. Despite her previous conviction, the plea agreement states, that the state will not invoke the recidivist act.

Kanawha County Assistant Prosecutor Monica Schwartz explained the plea agreement to Kanawha County Circuit Judge Jennifer Bailey.

“Parties agree that this will be a Kennedy Frazier plea, parties agree that if there are no new violations or charges, the state will stand silent as to a specific sentence,” she said.

A Kennedy plea, or Alford Plea, is when the defendant doesn’t admit to the criminal act and asserts innocence but agrees the prosecution has enough evidence to convict them.

Bailey explained to Spence what she had to determine in considering the plea.

“My role is to determine whether or not I believe that this is a proper disposition and way to resolve these matters,” Bailey said. “And further to make certain, to the best of my ability that I believe you understand the rights that you have to go to trial, the rights that you are giving up when you don’t go to trial constitutional rights, and you understand the consequences of entering this plea,” she said.

Bailey then accepted the plea.

“So, I accept her written and oral pleas of guilty, I accept and approve of this plea agreement, as it appears to adequately protect the rights of this defendant and be in the best interest of justice,” Bailey said.

Spencer faces 1-10 years in prison.

Sentencing is scheduled for Feb. 26 at 3:30 p.m.