Covington Man Sentenced to 26 Years for Money Laundering Charges
October 30, 2008
COVINGTON MAN SENTENCED TO 26 YEARS FOR MONEY LAUNDERING CHARGES
Barry Lamonte Smith, age 45, of Covington has been sentenced to twenty six (26) years in the penitentiary for five (5) charges of money laundering and one count of failing to file a Virginia State Tax Income Return. The sentence was imposed by Judge Malfourd W. Trumbo of the Alleghany County Circuit Court.
According to Commonwealth’s Attorney Ed Stein, Smith was indicted by a Special Grand Jury after an investigation by the Alleghany Highlands Drug Task Force. Special Agent Mike Keen of the Virginia State Police,
directed the financial aspects of the investigation. Stein said that this was the first use of an Investigative Grand Jury in the area to investigate drug related offenses.
Smith was found guilty of offenses from 2002 thru 2006. Seventeen (17) years of the sentence was suspended. Upon his release from the penitentiary Smith will be placed on three (3) years probation.
Stein said that in addition to the prison sentence the Task Force seized Smith’s assets including a 1991 BMW, 2002 Acura, 2002 Cadillac Escalade, 2006 Dodge Magnom, jewelry and electronic equipment. The assets will be sold and the proceeds will be given to the jurisdictions that belong to the Task Force.
Eighteen Year Old Found Guilty of Involuntary Manslaughter
October 23, 2008
EIGHTEEN YEAR OLD FOUND GUILTY OF INVOLUNTARY MANSLAUGHTER
Eighteen year old Norman Lee Thomas, Jr. has been found guilty of involuntary manslaughter arising from a September, 2007 incident. Thomas entered a no contest plea in the Alleghany County Circuit Court and will be sentenced after the preparation of a presentence report.
Robert James Smith, age 16, was killed when the car driven by Thomas ran off the road at Exit 16 of Interstate 64. Both Smith and Thomas were students at Covington High School and had left the school together with a third student to sell year book ads.
According to Commonwealth’s Attorney Ed Stein Thomas admitted to going at least eighty (80) mph at the time of the incident. However a State Police accident reconstruction team placed his speed at a minimum of ninety four (94) mph.
Stein said that Thomas was 17 at the time of the incident and originally charged as a juvenile. However due to the seriousness of the case he moved to have Thomas tried as an adult.
Child Molester Gets 30 Years
August 28, 2008
CHILD MOLESTER GETS 30 YEARS
Jason Wade Lundquist, 32, of Covington was sentenced Thursday to 30 years in prison for sexually molesting a girl under the age of 13.
The girl’s mother met Lundquist in an on-line chat room and allowed him to move into her home after he claimed to be grief stricken over the death of his 10 year old son in a motorcycle accident, said Deputy Commonwealth’s Attorney, Ann Gardner. Lundquist later admitted that story was a lie and that he never had a son.
The abuse began in Ohio and continued in Virginia for over a year until a school counselor notified the Covington Police Department. In a police interview, Lundquist said “I screwed up” and described his behavior as “playing around” claiming to have been asleep during much of the abuse, Gardner said.
At his sentencing hearing, Lundquist apologized and promised to seek treatment. In asking the court for leniency, attorney David B. Davis argued that by pleading guilty Lundquist saved the victim from having to testify.
Gardner argued that a lengthy sentence was the best way to prevent Lundquist from victimizing other children in the future.
In addition to the 30 year active sentence, Judge Michael Irvine sentenced Lundquist to 140 years of suspended time. While incarcerated he is ordered to undergo sex offender treatment. Upon his release Lundquist will be on supervised probation for 20 years.
Lundquist is the third sex offender in Alleghany County to receive a sentence of 30 years or more this year, according to Commonwealth’s Attorney, Ed Stein. In June, an Iron Gate man was given 35 years for molesting his daughter. Andrew Washburn of Clifton Forge is serving a 36 year sentence for abduction and car jacking which began in Clifton Forge and led to a rape in Botetourt County.
Covington Man Sentenced to Fifty Years
April 3, 2008
COVINGTON MAN SENTENCED TO FIFTY YEARS
An Alleghany County Jury has recommended a fifty year penitentiary sentence after convicting a Covington man of two counts of selling cocaine. Lamar Dixon, age 52, was convicted of possession of a Schedule II controlled substance with the intent to distribute for two incidents that occurred on August 10, 2006. After finding him guilty, the jury imposed a sentence of 25 years and a fine of $5000.00 for each charge.
According to Commonwealth’s Attorney Ed Stein the Alleghany Highlands Drug Task force purchased crack cocaine from Dixon twice on the same day using a confidential informant. The investigation was conducted by Special Agent Eddie Philpott of the Virginia State Police, Sgt. Todd Frye of the Covington Police Department and Capt. Steve Haynes of the Alleghany County Sheriff’s Dept.
Stein said that it was his policy to request juries in all cases involving the sale of drugs. “Most defendants plead guilty to avoid being sentenced by a jury. The jury clearly represented the outrage that our community feels about drug dealers. It’s unfortunate that the sentencing guidelines set by the state that judges are expected to follow do not reflect the feelings of citizens”.
Stein said that Dixon will not be formally sentenced until after the preparation of a pre-sentence report. “I fully expect the Judge to follow the jury’s recommendation and impose the entire 50 year sentence”, Stein concluded.
Child Molestation Charges Certified to Grand Jury
Press Release
February 22, 2008
CHILD
MOLESTATION CHARGES CERTIFIED TO GRAND
JURY
Fifteen charges of sexual abuse brought against a
Covington man have been certified to the Alleghany
County Grand Jury after a hearing Friday in the
Juvenile and Domestic Relations Court. Jason
Lundquist was arrested in October 2007 and charged
with five counts of aggravated sexual battery, five
counts of animate object penetration and five counts
of taking indecent liberties with a child.
Commonwealth’s Attorney Ed Stein said that Lundquist
waved his right to have evidence presented in a
preliminary hearing after his attorney had an
opportunity to review the evidence in the case. The
case will now be presented to the next Grand Jury,
which meets April 14. Lundquist has been held without
bond in the Alleghany Regional Jail since his arrest.
Stein said that the allegations against Lundquist
involve a 12 year old girl. He was involved in a
relationship with the victim’s mother at the time the
offenses occurred. Lundquist was charged after a
joint investigation by the Alleghany County
Department of Social Services and the Covington
Police Department.
Covington Man Receives 20 Years for Molesting Daughter
Press Release
February 15, 2008
COVINGTON
MAN RECEIVES 20 YEARS FOR MOLESTING
DAUGHTER
A 42 year old Covington man has been sentenced to
twenty years in the penitentiary for sexually
molesting his 12 year old daughter, Commonwealth’s
Attorney Ed Stein announced today. The man plead
guilty to one charge of sexual abuse. The offense
took place in Covington on February 17, 2007.
Alleghany County Circuit Court Judge Malfourd Trumbo
suspended 14 years of the sentence. After the
defendant has served 6 years of his sentence, he will
be placed on 5 years supervised probation. The
defendant will also have to register as a sex
offender.
Stein said that the 12 year old reported the sexual
abuse to her mother, who in turn contacted the
Department of Social Services. A child protective
worker and Investigator Steve Haynes of the Sheriff’s
Department conducted a joint investigation.
Investigator Haynes then placed the charge against
the defendant.
Stein noted that according to the State sentencing
guidelines the defendant would have received a
sentence between 1 ½ and 4 ½ years. Stein said that
he was pleased that the Judge went above the
guidelines and that his office will continue to seek
long prison sentences for child molesters.
Stein said that he is not releasing the name of the
defendant in order to protect the victim.
Goodwin Sentenced in Puppy Cruelty Case
January 15, 2008
GOODWIN
SENTENCED IN PUPPY CRUELTY CASE
Christopher Goodwin,
of Covington, was sentenced to the maximum twelve
months in jail on each of seven counts charging
animal cruelty in Alleghany County General District
Court. Judge J. Gregory Mooney suspended six years
and eleven months of the seven year sentence on the
condition that Goodwin neither have any companion
animal in his possession nor participate in the sale
of any companion animal, according to information
released today by Commonwealth’s Attorney Edward K.
Stein.
Covington Animal Control Officer Delbert Smith and
then Investigator (now Sheriff) Kevin Hall found
eight dehydrated, malnourished and visibly ill
Labrador mix puppies living in filthy conditions at
Goodwin’s home on Gray Street. Goodwin advertised the
puppies for sale and had already sold one to a local
couple for $50.00. That puppy later died. After
Goodwin ignored Officer Smith’s directions to get
veterinary care, officials seized the seven remaining
puppies on September 28, 2007.
Veterinarian, Dr. W. Perry Campbell, examined one of
the puppies finding it to be dehydrated with a “mixed
infestation of hookworms and coccidiosis – both of
which could be fatal to a puppy.” After being turned
over to Jerry Ross at the Alleghany County Humane
Society all seven puppies died when treatment efforts
failed. According to Ross, one puppy had to be
euthanized after illness rendered it paralyzed in
both rear legs. Another was found dead and the
remaining five were euthanized after being consumed
with parvovirus. Ross produced graphic photographs in
court showing the puppies’ critically ill condition.
Evidence revealed that Goodwin’s wife, who had
previously been convicted of animal cruelty, supplied
him with puppies to sell and then took a cut of the
profit. In June of 2007, Goodwin had puppies for sale
in another litter which had to be euthanized due to
parvovirus.
Deputy Commonwealth’s Attorney, Ann Gardner, argued
that, for Goodwin, this was a money making enterprise
with no regard for the animals. Gardner added that
Goodwin continued this abusive practice for months
and refused to seek veterinary care even after being
told to do so.
After serving a 30 day active jail sentence, Goodwin
will be on probation to the court for the remainder
of the seven years.
Juvenile Charged with Manslaughter in Fatal Wreck
Press Release
November 15, 2007
JUVENILE CHARGED WITH MANSLAUGHTER
IN FATAL CAR WRECK
A
17 year old Alleghany County resident has been
charged with involuntary manslaughter as a result of
a September 19, 2007 single car accident at Exit 16
of Interstate 64. Sixteen year old Robert James
Smith, a Covington High School student, died as a
result of injuries sustained in the wreck.
Commonwealth’s Attorney Ed Stein said this morning
that a Juvenile Petition was obtained after an
investigation by the Virginia State Police. The
Juvenile was also charged with operating a motor
vehicle in violation of his license restrictions.
Troopers Ray Tolley and Kyle Moore and Sergeant Duane
Hylton were the investigating officers. A State
Police accident reconstruction team was also involved
in the investigation.
Stein said that the name of the juvenile charged
would not be released.
Drug Task Force Auction Nets $8,650.00
October 29, 2007
DRUG TASK FORCE AUCTION NETS $8,650.00
Commonwealth’s Attorney Ed Stein announced today that an auction of vehicles conducted Saturday by the Alleghany Highlands Regional Drug Task brought in $8,650.00. The vehicles were seized from drug dealers in Covington and the proceeds from the sale will be returned to the localities participating in the task force to benefit the taxpayers.
Stein said that a total of 18 vehicles have now been forfeited as a result of the work of his office and the task force. Action is still pending on 2006 Dodge Magnum and 1998 Ford Expedition that are in custody of the Task Force.
In addition to the vehicles almost $50,000 dollars in cash has been seized from drug dealers and awarded to Covington, Alleghany County and Clifton Forge together with the other jurisdictions in the regional drug task force. Over $4,400 dollars more has been seized, but not yet forfeited. The task force has also seized a large amount of electronic equipment, including big screen TV’s, computers, and sound systems that will be sold at a later date.
The proceeds from the ten vehicles sold Saturday, along with the cash and money from the last vehicle auction means that over $68,000 dollars has now been returned to the taxpayers as a result of asset seizures. The last sale was held in October, 2005.
Stein said that the law allows the seizure of property used in the distribution of drugs, as well as cash and property bought with drug money. “We have even had a vehicle that was traded to a drug dealer in return for drugs. The seizing of property gives us an additional tool to use in combating drug dealers in our community’”, Stein said. “In addition to making sure that dealers do not profit from their crimes, it also sends a strong message to the Community, especially our young people. Finally, it helps provide additional money that can be used for law enforcement without burdening the taxpayer.”
The Drug Task Force has strict financial controls in place to assure that all money and property is accounted for. The Alleghany Regional Drug Task Force consists of Alleghany County, Covington, Clifton Forge, Bath County, Highland County and the Virginia State Police.
Cars and Electronics Forfeited to Commonwealth
October 25, 2007
CARS AND ELECTRONICS FORFEITED TO COMMONWEALTH
Commonwealth’s Attorney Ed Stein announced today that a 1991 BMW and a 1997 Crown Victoria seized from drug dealers in Covington have been forfeited to the Commonwealth. The proceeds from the sale of the vehicles will benefit the localities participating in the Alleghany Regional Drug Task Force. Also forfeited, was a large amount of electronic equipment, including big screen televisions, sound systems, playstations and computers, along with 211 DVD’s.
Stein said that a total of 18 vehicles have now been forfeited as a result of the work of his office and the task force. Action is still pending on 2006 Dodge Magnum and 1998 Ford Expedition that are in custody of the Task Force.
In addition to the vehicles, almost $50,000 dollars in cash has been seized from drug dealers and awarded to Covington, Alleghany County and Clifton Forge together with the other jurisdictions in the regional drug task force. Over $4,400 dollars more has been seized, but not yet forfeited.
A sale of 11 vehicles will be conducted this Saturday, October 27, at the County Office Building in Low Moor beginning at 11:00 A.M. The vehicles will be available for inspection that morning. Stein said that the BMW and Crown Victoria will not be included in this sale since their forfeiture was not completed in time, but will be sold later, along with the electronic equipment. The last sale was held in October, 2005.
Stein said that the law allows the seizure of property used in the distribution of drugs, as well as cash and property bought with drug money. “We have even had a vehicle that was traded to a drug dealer in return for drugs. The seizing of property gives us an additional tool to use in combating drug dealers in our community”, Stein said. “In addition to making sure that dealers do not profit from their crimes, it also sends a strong message to the Community, especially our young people. Finally, it helps provide additional money that can be used for law enforcement without burdening the taxpayer.”
The Drug Task Force has strict financial controls in place to assure that all money and property is accounted for. The Alleghany Regional Drug Task Force consists of Alleghany County, Covington, Clifton Forge, Bath County, Highland County and the Virginia State Police.
Special Grand Jury Indicts "Drug Kingpin"
October 22, 2007
SPECIAL GRAND JURY INDICTS “DRUG KINGPIN”
An Alleghany County Special Investigative Grand Jury has returned 48 indictments against 3 individuals, Alleghany County Commonwealth’s Attorney announced today. The charges follow a three year investigation by the Alleghany Highlands Drug Task Force.
Barry Lamonte Smith, of Covington, was charged on three indictments with operating a continuing criminal enterprise that received at least $100,000 a year from the distribution of Cocaine. The offenses cover the years 2003, 2004 and 2005. Each of the indictments carry a minimum 20 year sentence if convicted.
Smith was also charged with 14 counts of transporting more than one ounce of cocaine into the Commonwealth and 14 counts of conspiracy. Each of these charges carries a 3 year mandatory minimum. Additionally , Smith was indicted on 7 counts of money laundering and 4 counts of failing to file Virginia Income Tax Returns.
Tawanna Smith, of Covington Virginia, was indicted on 2 counts of money laundering and one count of perjury. The perjury charge stems from her testimony before the grand jury.
Lethia Smith, of Covington, was also indicted for 2 counts of money laundering and for perjury. Tawana Smith and Lethia Smith are the sister and mother of Barry Smith.
“Soon after taking office, I began discussions with the task force on targeting drug dealers at a higher level than before” Stein said. “ This has been a well thought out, painstaking investigation. In September 2006 the task force received information that Mr. Smith might be leaving the area and charged him with distribution of cocaine. We then drew a search warrant for his residence and recovered a number of documents. This in turn lead to more search warrants and numerous Court Orders to obtain financial information.”
Stein continued “ I am grateful for the assistance of the Virginia State Police, who assigned Special Agent Mike Keen, a money laundering expert, to help in the investigation. He joined Special Agent J.E. Philpott of the State Police, and officers from Covington, Alleghany County Bath County and Clifton Forge who make up the regional drug task force.”
This is the first time that an investigative grand jury has been used in this area in a drug investigation, and one of only a few “drug kingpin” cases that has been brought under the Virginia Statute. According to Stein the Grand Jury is continuing to meet and additional indictments are possible.
Covington Man Charged with Molesting Twelve Year Old Girl
October 17, 2007
COVINGTON MAN CHARGED WITH MOLESTING TWELVE YEAR OLD GIRL
Jason Lundquist, age 31, of Covington has been arrested on fifteen charges related to allegations that he molested a twelve year old girl between September 16, 2006 and October 1, 2007. Lundquist has been charged with five counts of aggravated sexual battery, five counts of animate object penetration and five counts of taking indecent liberties with a child Commonwealth’s Attorney Ed Stein announced today.
The case was investigated by Sergeant Kevin Hall of the Covington Police Department and Jill Barnett of the Alleghany County Department of Social Services. Hall then consulted with Deputy Commonwealth’s Attorney Ann Gardner and the decision was made to charge Lundquist immediately, rather than waiting for the next grand jury. More charges may be brought as the investigation continues according to Stein.
Stein said that Lundquist had a relationship with the victim’s mother, which gave him access to the victim. Lundquist is currently being held in the Alleghany County Regional Jail without bond.
Clifton Forge Man Indicted on Child Pornography
October 16, 2007
CLIFTON FORGE MAN INDICTED ON CHILD PORNOGRAPHY
Bruce Wayne “Doodle” Hyler, Jr., age 27, of Clifton Forge, Virginia has been indicted by the Alleghany County Grand Jury with participating in the filming of child pornography, Commonwealth’s Attorney Ed Stein announced today. Hyler was also indicted on two counts of encouraging a person under age 18 to perform in sexually explicit material. The offenses are alleged to have occurred on September 8 in Clifton Forge.
Stein said that the incident involved the filming of a 15 year old girl and a 17 year old girl in a sexual situation with each other. The investigation was conducted by Investigator Ronnie Paxton of the Clifton Forge Police Department. The Virginia State Police are assisting in the investigation and the evidence has been sent to a State Police Laboratory for analysis. “We have used the State Police Computer Forensic Lab on a number of occasions” Stein said.
According to Stein it appeared that alcohol may have been a factor in the incident, and that further charges may be brought due to the supplying of alcohol to minors. There were also several other people present during the incident and their role is still being investigated.
Stein said that the child pornography charge normally carried a sentence of one to twenty years, but because Hyler was more than seven years older than his victim he would face a mandatory minimum sentence of 3 years if convicted. The other two charges are punishable by one to ten years each.
“You normally think of child porn as involving younger children”, Stein said, “but it is just as reprehensible for someone to film teenagers. Luckily, due to the quick action of Investigator Paxton the images were recovered before they were put on the internet or otherwise distributed”.
Hyler is currently being held in the Alleghany Regional Jail without bond.
Covington Break-In Leads to 15 Year Federal Sentence
October 11, 2007
COVINGTON BREAK-IN LEADS TO 15 YEAR FEDERAL SENTENCE
Lawrence McCutcheon, III of Roanoke, Virginia has been sentenced to fifteen (15) years in prison by the Federal District Court in Roanoke for charges arising out of a breaking and entering that occurred in Covington in August of last year. McCutcheon broke into Alleghany Sportsman Supply on Highland Avenue and stole a number of firearms.
Commonwealth’s Attorney Ed Stein said that McCutcheon was originally charged with breaking and entering and grand larceny by Sgt. Kevin Hall of the Covington Police Department. Hall then contacted the Bureau of Alcohol, Tobacco and Firearms, since the theft was from a licensed firearms dealer. “Once we learned that McCutcheon faced a mandatory sentence of fifteen (15) years under the Federal Guidelines we made the decision to turn the case over the U.S. Attorney’s Office” Stein said. McCutcheon was held in the Alleghany Regional Jail until he was indicted by a federal grand jury. Once the federal charges were in place the defendant was transported to Roanoke by the U.S. Marshall’s Service and the State charges were dismissed.
Stein said that in addition to the fifteen (15) year sentence in Federal Court McCutcheon faces an additional six (6) year sentence in Roanoke City for violation of probation. Stein praised the excellent cooperation between the Covington Police Department and the ATF and said he would not hesitate to turn over such cases to the federal authorities in the future.
Grand Jury Indictments
October 10, 2007
GRAND JURY INDICTMENTS
The Alleghany County Grand Jury has returned 94 indictments against 43 individuals, Alleghany County Commonwealth’s Attorney Edward K. Stein announced today. The Grand Jury met for approximately four and one-half hours and heard testimony from the Virginia State Police, the Clifton Forge and Covington Police Departments, the Alleghany County Sheriff’s Department and the Iron Gate Police Department, as well as from several citizens;
Stein said the number of indictments reflects a continued increase over the past three and one-half years. “The number of felony indictments has nearly doubled”, Stein said. “This is not an indication that the amount of crime has increased that much, but is a result of more aggressive investigation and prosecution”.
Among the indictments returned by the Grand Jury are:
◦ William Kenneth Booth, III, Louisville, KY – possession of Sch. IV drug with intent to distribute
◦ Aliesha E. George, Cov., VA – breaking & entering, grand larceny
◦ Mark Richard Khan, Cov., VA – 2 counts of malicious wounding
◦ Michael L. Curtis, VA Beach, VA – possession of marijuana with intent to distribute
◦ Matthew Daniel Walton, Ronceverte, WVA – 2 counts breaking & entering
◦ Renata Ann Trainer, WSS, WVA – Possession Sch. II drug with intent to distribute
◦ Michael Dwayne Wright , Cov., VA – malicious wounding
◦ Sarah Elizabeth Harris, Clifton Forge, VA – embezzlement, forgery & uttering
◦ William F. (Pete) Humphries, Cov., VA – 2 counts indecent exposure
◦ Theodus Antoine Luckett, Cov., VA – possession of Sch. II drug
◦ Timothy Wayne Reynolds, Millboro, VA – assault and battery of a police officer
◦ Travis Dewayne Frazier, Cov., VA – breaking & entering
◦ Bobby Arnold, Cov., VA – possession of a firearm after a felony conviction
◦ Jason Lundquist, Cov., VA – felony bad check
◦ April Lea Chittum, Clifton Forge, VA – breaking & entering, grand larceny
◦ Ricky Lee Persinger, Clifton Forge, VA – breaking & entering, grand larceny
◦ Debra A. Hicks, Midlothian, VA – forgery & uttering
◦ Steven Shane Clark, Ronceverte, WVA – possession of Sch. II drug
◦ Henry Walton Hutchinson, New Castle, VA – carnal knowledge of a minor, 2 charges of sodomy against a minor & 14 charges of indecent liberties of a minor
◦ Dennis Wayne Richardson, Cov., VA – assault & battery
◦ Thomas Floyd Landis, Lexington, VA – 2 counts of malicious wounding, 2 uses of a firearm in the commission of a felony & possession of a firearm after a felony conviction
◦ Jeremy Cantley, Glen Daniel, WVA – felony bad check
Stein said that information on other indictments will be released after they have been unsealed by the Court.
Three Cases Certified to Grand Jury
October 1, 2007
THREE CASES CERTIFIED TO GRAND JURY
Felony charges against three individuals were certified to the October 9 Alleghany County Grand Jury after Preliminary Hearings held Thursday and Friday. The Preliminary Hearings were held in the General District and the Juvenile and Domestic Relations Court, according to information released today by Commonwealth’s Attorney Ed Stein.
Charges of attempted malicious wounding, use of a firearm in the commission of a felony and possession of a firearm by a convicted felon were certified against Thomas Floyd Landis, age 27. The charges stem from a shooting incident in the Dunbrack Road area of the County on August 18, 2007. The case was handled by Deputy Commonwealth Attorney Ann Gardner and was investigated by Sergeant W.G. Ridgeway of the Alleghany County Sheriff’s Office.
Henry Walton Hutchinson of New Castle, Virginia was certified on one count of carnal knowledge , two counts of sodomy and fourteen counts of taking indecent liberties with a child, all involving the same victim. The girl was fourteen and fifteen years old when the incidents occurred. The preliminary hearing was prosecuted by Chris Alderson, Assistant Commonwealth’s Attorney. Sergeant Ridgeway was also the investigating officer on this case.
Dennis Wayne “Shady” Richardson, age 32, of Covington had a charge of assault and battery of a household member certified to the Grand Jury. This case was also prosecuted by Alderson and was investigated by Deputy R.C. Fridley. Stein said that this was a felony charge because it was a third domestic assault committed within 20 years by the defendant.
Guilty Plea in Nine Year Old Sex Abuse Case
September 24, 2007
GUILTY PLEA IN NINE YEAR OLD SEX ABUSE CASE
Steven Dale Via, of Covington, has plead guilty to 2 counts of Aggravated Sexual Battery of an 8 year old boy that occurred in the summer of 1998. At the time of the offense the Defendant was 25 years old. Both incidents took place in the City of Covington.
According to Commonwealth’s Attorney Ed Stein, the victim’s parents originally contacted the Covington Police Department in 2002. An investigation took place at that time, but it was felt there was not sufficient evidence to go forward. Mr. Via left the area for several years, but returned in 2006, Stein said.
The investigation was reopened in the fall of 2006 by Investigator Kevin Hall of the Covington Police Department. “Kevin was able to identify new witnesses who had information about the case. Mr. Via was then interviewed and confessed.” Stein continued, “Based on Kevin’s work we were able to go to the Grand Jury and obtain an indictment in January, 2007.”
The Defendant filed a motion asking the Court to throw out his confession on the grounds that his Constitutional Rights had been violated. When his motion was overruled, he decided to plead guilty. “Investigator Hall testified in great detail as to the circumstances of the confession, leaving no doubt in the Judge’s mind that proper procedures were followed. We have not lost any felony case due to a confession or a search being found improper,” Stein said. Stein credited his assistants, Ann Gardner, Eric Branscom and Chris Alderson for providing regular in-service training to the Police and Sheriff Departments so they are up to date on changes in the law. “Chris especially, during the 16 years he was Commonwealth’s Attorney, taught our officers the ins-and-outs of the law of confession.”
Stein said that Via will be sentenced after the preparation of a pre-sentence report and that he will be asking for a substantial penitentiary sentence. “Mr. Via is currently free on bond, but a motion will be heard this week to revoke it and send him to jail. He has been ordered to register as a sex offender,” Stein concluded. A link to the Virginia Sex Offender Registry can be found on the Commonwealth’s Attorney Website, www.edwardkstein.com.
Brentwood Burlgar Sentenced
September 19, 2007
BRENTWOOD BURGLAR SENTENCED
A 20 year old Covington man has been sentenced to 3 years in the penitentiary for a series of thefts that occurred in the Brentwood area of Alleghany County. Eric Mathew Banker was charged with five counts of petit larceny, two forgeries, one count of tampering with a motor vehicle and one count of destruction of property. According to Commonwealth’s Attorney Ed Stein the charges stemmed from a series of car break-ins that occurred between October 2005 and January 2006.
Banker was originally sentenced in February 2006 and sent to the Detention and Diversion program operated by the Department of Corrections. “We often use these programs, especially for young first time offenders”, Stein said. “Detention is a ‘Boot Camp’ type program designed to change the attitude of offenders by instilling discipline and a respect for authority. Diversion also is a highly structured program that offers substance abuse treatment as well as job training”, Stein explained.
Banker was unable to complete the detention program for medical reasons and was returned to the Alleghany Highlands Regional Jail. He was then released on house arrest and placed under intensive probation supervision until his medical condition could be evaluated. “Unfortunately, Banker chose to violate his house arrest and was a fugitive from October 2006 until he was arrested in Roanoke County in March 2007”, Stein said.
Due to his violation of probation a hearing was held in the Alleghany Circuit Court. After hearing evidence, Judge Malfourd Trumbo sentenced Banker to 3 years in the penitentiary. Upon his release he will have an additional 2 year suspended sentence and will be placed on 2 years probation. According to Stein, Banker is currently in the Alleghany Regional Jail awaiting transport to the penitentiary. “We believe a number of people helped Banker while he was a fugitive and that case is still under investigation”, Stein concluded.
Child Abuser Sentenced
September 10, 2007
CHILD ABUSER SENTENCED
A thirty year old Alleghany County man has been sentenced to 12 months in jail for physically assaulting his 11 year old step-son, Commonwealth’s Attorney Ed Stein announced today. The sentence was handed down by the Alleghany County Circuit Court.
According to Stein the incident took place at the defendant’s house on May 28, 2007 and was investigated by Stan Bush of the Alleghany County Sheriff’s Office together with Child Protective Services from the Department of Social Services. “The boy was struck hard enough on his sunburned back to leave a visible hand print”, Stein said.
The stepfather was originally charged with assault and battery and reckless engagement endangerment. The child endangerment charge was dropped in return for a guilty plea to the assault and battery. “This allowed us to not have to put the boy through testifying” Stein explained. The Judge then sentenced the defendant to the maximum punishment for the assault.
In addition to his jail sentence, Social services determined that there was a founded case of child abuse. This means that the stepfather will not be allowed to have contact with the child after his release form jail until he has completed counseling and parenting classes mandated by the Department.
The boy’s mother was also charged with child endangerment in this case as a result of her failure to protect her son or report the abuse. This case is being handled in the Juvenile and Domestic Relations Court and the mother’s progress is being monitored by Social Services. Stein said he was not releasing the names of the defendant’s in order to protect the privacy of the victim.
Two Drug Dealers Sentenced
September 5, 2007
TWO DRUG DEALERS SENTENCED
Two Covington men have been sentenced to the penitentiary for distributing crack cocaine, according to information released today by Commonwealth’s Attorney Ed Stein. Steven A. Seams of Hazel Street and William Julian Cosby of South Marion Avenue were both sentenced by Circuit Court Judge Malfourd W. Trumbo.
Seams, age 28, was indicted by the April, 2007 Grand Jury for possession with the intent to distribute cocaine on February 22, 2007. He received an active two (2) year penitentiary sentence, and additional three (3) year suspended sentence and three (3) years supervised probation. Seams was already in jail on another charge at the time of his sentencing and will have to also serve his remaining time on that charge.
Cosby, age 32, was indicted by the October, 2006 Grand Jury for possession with the intent to distribute cocaine on August 16, 2006. He will also serve two (2) years in the penitentiary, had an additional eight (8) years suspended and will be placed on three (3) years supervised probation. Cosby also has additional charges pending in West Virginia and will be sent there when he has completed his Virginia sentence.
Stein said that both of theses cases were investigated by the Alleghany Highlands Drug Task Force and both involved the sale of cocaine to a confidential informant. The Cosby case was handled by Deputy W. B. Smith, Jr. of Bath County and Investigator R.L. Paxton of the Clifton Forge Police Department. The Seams case was investigated by Smith and Sgt. Todd Fry of the Covington Police Department.
Stein concluded, “both of these individuals originally came to the attention of the Task Force through complaints of citizens of unusual activities in their neighborhood. People are encouraged to report any suspicious activity to their police department of sheriff’s office.”
Carr's Denied a Writ by the Virginia Court of Appeals
August 21, 2007
CARR’S DENIED A WRIT BY THE VIRGINIA COURT OF APPEALS
The Virginia Court of Appeals has denied a writ of actual innocence filed by Thomas Luddell Carr, according to information released today by Commonwealth’s Attorney Ed Stein. Carr was found guilty in March 2004 of forcible sodomy and breaking and entering and sentenced to eleven years in the penitentiary. The denial of the writ means that Carr’s conviction stands and that he will serve the remainder of his sentence.
Carr was originally charged with breaking into an ex-girlfriend’s house in Clifton Forge in September 2003 and sexually assaulting her. In his writ, filed by Covington Attorney Mark Perdue , Carr alleged that the victim had recanted her trial testimony and that the attack never happened. An Affidavit from the victim, prepared by Mr. Perdue, was filed with the Court of Appeals.
In a written opinion the Court found that the victim’s recantation was not true. It further found that the victim’s affidavit “was influenced unduly and inappropriately by others”. The Court therefore denied the writ.
Commonwealth’s Attorney Ed Stein said “ I am pleased that the Court of Appeals upheld the conviction and that this dangerous sex offender will remain behind bars. An important part of my job is obtain convictions that will stand up on Appeal. In my 20 years of prosecuting I have never had a case dismissed by the Court of Appeals or Virginia Supreme Court”
Stein further commented “ Both the original conviction and the denial of the Appeal stem in a large part from the work of Inv. Ronnie Paxton of the Clifton Forge police department. As soon as the writ was filed I met with Inv. Paxton who then reinterviewed the victim. The Court of Appeals specifically mentioned this interview in it’s opinion. My close working relationship with our police departments and Sheriff’s Department helps to build strong cases.” As a result of Carr’s testimony at his Appeal Hearing he was indicted for perjury by the Alleghany County Grand Jury and his trial on that charge is pending.