CLAY COUNTY, W.Va. (WCHS) — The mother of a teenage boy who shot and killed his father on Tuesday in Clay County is being charged with child neglect and failure to report abuse and neglect.

According to West Virginia State Police, Ryan Bird, 37, was shot and killed outside of a home on Legg Road in the Bickmore area of the county. Troopers said Bird and Misty Winebrenner, 48, of Bickmore, were involved in a domestic altercation immediately before the shooting.

Witnesses said Bird was choking Winebrenner and attempting to "forcibly remove her from the driver's side of their truck," according to a criminal complaint.

"At that time, a juvenile male exited the vehicle, entered the residence, retrieved a rifle and returned to the front porch area," Cpl. J.M. Ellis wrote in the complaint. "The juvenile observed Mr. Bird continuing to choke Ms. Winebrenner and attempting to drag her from the vehicle. The juvenile then discharged the firearm, striking Mr. Bird."

Troopers said there was also another small child in the home during the altercation.

Troopers later learned that Winebrenner obtained a domestic violence protective order on Bird on Dec. 10. The order was later dismissed at Winebrenner's request, according to court documents.

Investigators said they learned Bird returned to living at the home with Winebrenner and their three children immediately after Winebrenner had the domestic violence protective order dismissed against Bird.

On Christmas Eve, troopers said another domestic incident reportedly occurred. In that incident, troopers said Bird physically assaulted the couple's teenage daughter on "multiple occasions," both inside the home and inside a vehicle. The girl said her mother was present during the incidents, troopers said in the complaint.

"This officer believes Ms. Winebrenner continued to neglect her duty as a parent to protect her children by knowingly allowing Mr. Bird continued access to them," Ellis said in the criminal complaint. "This ongoing failure to protect ultimately led to a situation in which one of the children was forced to fatally shoot Mr. Bird to protect her and her family." Investigators say the shooting is still under investigation.

Troopers took Winebrenner into custody on Friday. Due to her previous employment with the Clay County court system, a special magistrate will arraign her on the charges. She faces one to 10 years in prison on each count of child neglect, which is a felony. Failure to report, a misdemeanor, is punishable by up to 90 days in jail.

CLAY COUNTY, W.Va. (WSAZ) – A woman from Clay County faces child neglect charges after investigators said a boy was forced to fatally shoot a man with a history of abuse.

Misty D. Winebrenner, 48, of Bickmore, West Virginia, is charged with three counts of child neglect and one count of failure to report, according to court records from Clay County Magistrate Court.

On Tuesday, Dec. 30, West Virginia State Police responded to a shooting at a home along Legg Road in Bickmore.

Troopers discovered a man shot in the upper right chest, who was pronounced dead at the scene and identified as Ryan Bird.

Investigators said Winebrenner and Bird had been in an argument before the shooting. According to witness statements, Bird was choking her and attempted to pull her from the driver’s side of a truck.

An underage boy got out of the truck, entered the home, retrieved a rifle and shot Bird, according to the criminal complaint.

Investigators said a domestic violence protective order had previously been served on Bird on Dec. 10. That order was later dismissed at Winebrenner’s request.

Later that month, another incident happened involving the physical assault of a girl. The child said Winebrenner was present during physically abusive incidents and failed to report them.

“This ongoing failure to protect ultimately led to a situation in which one of the children was forced to fatally shoot Mr. Bird to protect her and the family,” the complaint states.

BICKMORE, W.Va. (WOWK) — A woman is being charged with child neglect after a fatal shooting that took place in Clay County.

According to the criminal complaint, a shooting was reported in Clay County at 4:20 p.m. on Tuesday evening. When first responders arrived at the scene in the Bickmore area, authorities found 37-year-old Ryan Bird, who had died from a gunshot wound to his upper chest.

An investigation found that the shooting stemmed from a domestic altercation, where statements claim that Bird was choking Misty Winebrenner and attempting to forcibly remove her from a truck. A juvenile, who was in the vehicle, ran into the home, retrieved a rifle and fired the gun that struck Bird.

On December 10, 2025, a Domestic Violence Protective Order was served to Bird, but was dismissed at the request of Winebrenner. Bird returned to living at the residence after the order was dismissed.

Another domestic incident was then reported on December 24, 2025, where Bird physically assaulted a juvenile on multiple occasions. The juvenile reported that Winebrenner was present during these incidents.

Misty Winebrenner has been charged with three counts of Child Neglect and one count of Failure to Report.

Ryan Scott Bird unexpectedly departed this life on December 30, 2025, at his home in Fola, WV surrounded by family. Ryan was born on May 26, 1988, to Bruce Bird of Alta, WV and Teresa Bird of Elkview, WV. Paternal grandparents are the late Freddie Bird and Martha Bird of Dixie, WV. Maternal grandfather, the late Junior Ohse and maternal grandmother, Nona Carte of Elkview, WV.
Full Obituary link here.

Mother released on bond after son fatally shoots father in domestic dispute

CLAY COUNTY, W.Va. (WCHS) — The mother of a teenage boy who shot and killed his father — a shooting that led to her arrest on multiple charges — has been released on bond.

Misty Winebrenner, 48, of Bickmore, was charged Friday with failure to report abuse and neglect, a misdemeanor, and three felony counts of child neglect.

Winebrenner was arraigned by Braxton County Magistrate Beth Smith following her arrest. A special magistrate conducted the arraignment because Winebrenner was previously employed as an assistant to Clay County Magistrate Wesley Armes.

A spokesperson for the West Virginia Supreme Court said Winebrenner’s last day working in the court system was Dec. 29. Armes, along with Clay County Magistrate Scott Bass, requested to be recused from the case. Court documents related to the request said Winebrenner had served in the role since Jan. 1, 2025 and was terminated on Dec. 29.

Clay County Circuit Court Judge Michael Asbury Jr. signed an order granting the recusal request on Monday.

According to West Virginia State Police, Ryan Bird, 37, was shot and killed outside a home on Legg Road in the Bickmore area of Clay County last Tuesday. Troopers said Bird and Winebrenner were involved in a domestic altercation immediately before the shooting.

Witnesses told investigators Bird was choking Winebrenner and attempting to “forcibly remove her from the driver’s side of their truck,” according to a criminal complaint.

“At that time, a juvenile male exited the vehicle, entered the residence, retrieved a rifle and returned to the front porch area,” Cpl. J.M. Ellis wrote in the complaint. “The juvenile observed Mr. Bird continuing to choke Ms. Winebrenner and attempting to drag her from the vehicle. The juvenile then discharged the firearm, striking Mr. Bird.”

Troopers said another small child was inside the home during the altercation.

Investigators later learned Winebrenner obtained a domestic violence protective order against Bird on Dec. 10. Court documents said the order was later dismissed at Winebrenner’s request.

Troopers said Bird returned to living at the home with Winebrenner and their three children immediately after the protective order was dismissed.

On Christmas Eve, investigators said another domestic incident occurred. During that incident, Bird allegedly physically assaulted the couple’s teenage daughter on “multiple occasions,” both inside the home and inside a vehicle. The girl told troopers her mother was present during the assaults, according to the complaint.

At the time, Winebrenner was employed by the court system, making her a mandated reporter under state law.

“This officer believes Ms. Winebrenner continued to neglect her duty as a parent to protect her children by knowingly allowing Mr. Bird continued access to them,” Ellis wrote in the complaint. “This ongoing failure to protect ultimately led to a situation in which one of the children was forced to fatally shoot Mr. Bird to protect her and her family.”

Investigators said the shooting remains under investigation.

On Saturday, Winebrenner posted a $30,000 bond through A-1 Walton’s Bonding.

Court documents said she may not leave the state without written approval and may not have any direct or indirect physical or verbal contact with her three juvenile children.

Date:	01/02/2026
AGE/DOB:	01/02/1978
Height:	5ft 3in
Weight:	155 lbs.
Charge(s):	Child Neglect Creating Risk Of Serious Injury Or Death 2cts-3 Failure To Report Child Abuse