by Matt Harvey

ASSISTANT MANAGING EDITOR

CLARKSBURG -- Prosecutors apparently have worked out a deal with a man charged with murder in the February slaying of his Texas Roadhouse co-worker.

Tracy Haggerty, 22, of Clarksburg, is charged with murder in the death of Joseph F. Cavallier, 31, a father of two from Lost Creek who was found stabbed about 60 times.

A court filing this week by one of Haggerty's attorneys, Traci M. Cook, says a plea/sentencing is set for 3 p.m. Dec. 2 before Chief Circuit Judge John Lewis Marks Jr.

The motion does not elaborate on the specifics of any plea agreement.

Cook declined comment, as did Prosecutor John A. Scott through his chief assistant prosecutor, Robert J. Andre III.

Prosecutors and police have alleged Haggerty went to a spot in southern Harrison County with the intent to rob Cavallier. Also, Haggerty confessed to a State Police polygraph expert and Harrison County Sheriff's Sgt. J.M. Miles, according to testimony and a taped statement played in a pretrial hearing.

However, Cook and co-defense attorneys H. Keith Skeen and Timothy Miley have battled to keep those statements from evidence, saying they were improperly taken. The defense attorneys also have fought to prevent Haggerty's boots, pants and a knife from going before a jury as evidence.

The plea/sentencing hearing cancels a motions hearing that had been set for this afternoon.

If convicted of murder, Haggerty could face life in prison, potentially without possibility of parole.

In his taped confession to Miles, Haggerty contended he stabbed Cavallier after an unexpected and unwanted advance in which Cavallier allegedly grabbed Haggerty's crotch and throat. Haggerty told Miles in the statement that he took Cavallier's wallet only as an afterthought.