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Seven defendants plead guilty in Bath court
BY MARGO OXENDINE • STAFF WRITER
WARM SPRINGS - Wayne "Buddy" Purvis was on a mission of mercy that day last October, delivering Meals on Wheels in Healing Springs. He was gone just 40 minutes, but when he returned, he discovered his home had been broken into, and his morphine prescription stolen.
Last Friday, Houston E. Kincaid Jr. of Healing Springs pled guilty to the breaking, entering and larceny charge, as well as three other felony charges for drug possession. The charges span a period of 10 months.
The Purvis home was burglarized Oct. 9, 2006. During trial, commonwealth's attorney Chris Singleton noted Kincaid was "a neighbor and I think thought of as a friend" of the Purvises. When Kincaid was picked up in February 2007 on the B&E and larceny charges, Singleton noted, "he had more drugs in his possession. We tried to work with Mr. Kincaid," he added. "His family got him into a rehab center. When Mr. Kincaid was picked up this past Aug. 13, he again had morphine in his possession."
Judge Humes Franklin of Bath's 25th Circuit Court sentenced Kincaid, 21, to five years in the state penitentiary on two charges, to run concurrently, and further sentenced him to a oneyear active penitentiary term. The court rescinded the active sentence, on the condition that Kincaid enter and successfully complete a drug diversion program.
Further, Franklin sentenced Kincaid to five years on each of the remaining two drug charges, to run concurrently, but consecutive with, the other two five-year sentences.
That makes for a total of 10 years in the penitentiary, should Kincaid not successfully complete the drug diversion program.
Kincaid's attorney, David Davis, told the judge prior to sentencing that Kincaid possessed the morphine for personal use, and "has a substantial abuse problem … I think, in this case, diversion is a fit … and exactly appropriate."
Singleton urged Franklin to convict Kincaid and "give him a stiff sentence," including the diversion program.
The judge addressed Kincaid during sentencing. "You're just 21 years old, and you've got four felonies on your record … and 10 years hanging over your head," Franklin intoned. "You better kick that drug habit. If you don't, I will put you in a three-year drug program they have inside the penitentiary. If you come back into this courtroom, if you don't get hold of this, know that is where you're going."
Kincaid also faces five years active supervised probation upon his release from the diversion program. In addition, Franklin revoked his driver's license for 18 months, six months for each of the drug-related charges.
Purvis, who quietly watched the proceedings with his wife, Ellen, called the sentence "a slap on the wrist."
Jeffrey Warren Bayles, 38, of Alleghany County, was working with a subcontractor at the Quarry Hill estate in Hot Springs on April 24, 2007. Bayles pleaded guilty last Friday to breaking into and entering a storage shed on the property, and grand larceny of an elaborate antique figurine that once graced a fountain at the back entrance to Quarry Hill.
Bayles admitted to dismantling the figurine by breaking off several pieces. He threw the pieces, which might have identified the figurine as a valuable object, out of his vehicle window on his way back to Covington. They rolled into the Jackson River, where they were later recovered with Bayles' assistance. Bayles took the remains of the statue to Staunton, where he sold them to a scrap dealer for $120. The statue is valued at around $6,000; it will cost approximately $1,000 to repair it.
Bayles, who has been sitting in the Alleghany Regional Jail for four months, told Judge Franklin, "I never stole anything in my life. I am very sorry. I'd like to do my part to help pay for it."
Singleton responded that Bayles has several misdemeanors on his record, including assault and battery and probation violation. Singleton noted Bayles "was in a position of trust" while working at Quarry Hill. "I don't know if he needed the money, and I don't care," Singleton said. "I think it would be a complete travesty to let this man go for time served."
Franklin found Bayles guilty and sentenced him to five years in the penitentiary on each of the two felony counts, to run concurrently. He suspended four years of each of those, and put Bayles on two years active, supervised probation. He also ordered Bayles to pay court costs, and make restitution for the defiled statue.
James Patrick Smith pled guilty to violation of probation. He had been previously convicted of bilking three Bath County residents on contracting jobs, including one 87-year-old widow, according to Singleton. Smith was called to answer why he has not made court-ordered restitution of the $12,853 he owes his victims and the court.
Testifying to Franklin, Smith bemoaned his "whole situation. I had a home, a good job, children," he said. "I lost my home; I had no place to stay. I had no driver's license. When I was incarcerated in 2005, I had to sign over custody of my two children … I owe the state a lot of money; I understand that." Once he is out of jail, Smith said, "I plan to make a full attempt to get this thing off my record. I have embarrassed my family. My father is not speaking to me. I have been excluded from the will. This is not an excuse," he added. "It is just a reason."
Smith vowed, "I am going to get a job as soon as I finish this jail or prison term. As sure as I am sitting here, your honor, I will appear before you and this fine will be paid."
Judge Franklin expressed dismay at having taken Smith at his word on previous court appearances, only to be disappointed. "I'd just as soon give (Smith) all his time," the judge said. "At some point, I am going to run out of patience. If these people (victims) don't get their money … I am going to get my pound of flesh."
Franklin found Smith guilty of probation violation, and sentenced him to time served. He must begin repaying his victims within one month after release, or Franklin will put him back in jail for the remainder of his original sentence.
Smith gave Franklin his word that he would soon be making restitution.
"Your word doesn't mean much," Franklin retorted. "And if a man doesn't have his word, a man doesn't have anything."
Other cases heard by Franklin included:
• Curtis Lee Keyser, 22, who wrote a bad check to the Pit Stop April 1, 2007 in the amount of $227.18. Keyser pled guilty. His attorney, Betty Cauley, noted he has made restitution to the store. Keyser was sentenced to 12 months in jail, suspended, and 12 months of unsupervised probation.
• Charles Benjamin "Tank" Shurtleff, 23, pled guilty to two charges of distribution of less than an ounce of marijuana. He remains free on bond until Judge Franklin receives a pre-sentencing report.
• Megan Renae Colvin, 21, of Bath County pled guilty to two counts, misdemeanor possession of marijuana, and felony possession of methamphetamine. Franklin accepted her plea, and sentenced her to two years on the felony count, suspended, with two years active probation, and 30-day suspended sentence on the misdemeanor. He also ordered regular drug testing. "If you have a problem with drugs, you'd better fix it," the judge warned Colvin. "If I see you back in here, I am going to fix the problem for you."
• Katina Denise Holloway of Alleghany Regional Jail had been previously sentenced on two felony counts of selling or distributing drugs. Her attorney, Jeffrey Crackel of Covington, moved the court to modify those sentences to time served, or to home confinement, because Holloway suffers from multiple sclerosis. Holloway, Crackel noted, has already served 56 percent of her sentence. Franklin denied the motion.
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