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Drowning death charge under advisement
Bath County hunting death case also heard in circuit court
BY MARGO OXENDINE • STAFF WRITER
WARM SPRINGS - The mother of a four-year-old boy who drowned in the Cowpasture River Aug. 11 stood trial in Bath County Circuit Court last Friday.
Kathleen Beirne, 45, of Covington, pleaded guilty to felony gross neglect and wanton, reckless disregard of a child under the age of 18. Judge Humes Franklin, after hearing the case, decided to take it under advisement for 12 months and, if Beirne incurs no difficulties with the law during that time, will reduce her charge to misdemeanor child endangerment, and dismiss the case.
The child, Derrick Beirne, was playing with siblings and other children along the riverbank near the Walton Tract last August. According to evidence presented by Bath Commonwealth's Attorney Chris Singleton, Mrs. Beirne was "partying" with a group of adults and children, and noticed her four-year old son was missing. A search ensued, and the little boy was found downriver, drowned. Mrs. Beirne admitted alcohol was involved that day, "and admitted she was on several prescription medications," Singleton said.
During the proceeding, Mrs. Beirne, a tall, slim woman, wept openly. She answered the judge's questions in a tremulous voice, almost whispering her responses. Singleton also noted her file contained a letter to the court from her estranged husband, Coite Beirne, the boy's father, stating "he did not want his wife prosecuted for this."
Judge Franklin found sufficient evidence to convict Mrs. Beirne; however, he took the case under advisement, placed her on one-year, unsupervised probation, and ordered her to keep the peace and pay court costs.
Millboro woman prosecuted
Heather Dawn McAllister, 27, of Millboro, was prosecuted for three felony drug charges of selling and/or distributing methamphetamine, a Schedule 2 narcotic. According to Singleton, the offenses occurred on June 18, June 19 and June 27 of 2007. An undercover informant with the Alleghany Highlands Drug Task Force made the buys from McAllister along Indian Draft Road, Route 678, north of Windy Cove Church. The informant made the buys with marked money, and was outfitted with a wire to record the transactions.
McAllister pleaded guilty to all three charges. Her attorney, Frankie C. Coyner, noted, "I am not the first attorney on this case," adding, "I have listened to the tapes of the three transactions, and there is no question in my mind" that McAllister is guilty.
McAllister told the judge, "I feel like I have no way out I am trapped."
When Judge Franklin asked if she were under the influence of drugs at the moment, she answered, "I am under the influence of drugs." She added, "I am at the mercy of the court just to give me one more chance; I need help."
Franklin found McAllister guilty, withheld sentencing pending a presentencing report, and remanded her into the custody of the sheriff. A weeping McAllister hugged and kissed her family, telling them, "I love you," before being escorted to Alleghany Regional Jail.
Accidental shooting results in felony
charge
Stan Godsey, 53, of Gate City, pleaded guilty to a felony charge of involuntary manslaughter. This case involved the accidental shooting death Nov. 10, 2007 of Radcliffe O. Vernon. According to Singleton, Vernon and Godsey were each hunting, separately, in the woods near Lake Moomaw early that morning. Godsey, carrying a muzzleloader, "noticed movement in the woods, turned to look at what he thought was a bobcat and fired He heard a yell ran up and discovered Mr. Vernon on the ground, mortally wounded."
Godsey "left the scene immediately," Singleton added, "trying to find help By the time they got back, Mr. Vernon was deceased."
Judge Franklin found Godsey guilty and sentenced him to one year, suspended, in the state penitentiary. Godsey was placed on two years unsupervised probation, ordered to pay court costs, and also to reimburse Vernon's widow, Jackie, $8,388 in funeral expenses for her husband.
Robertson found guilty
Daven Shawn Robertson, 42, of Millboro, pleaded guilty to misdemeanor possession of a controlled substance, marijuana. According to Singleton's evidence, sheriff's deputies Winifred Smith and Robert Plecker responded to an anonymous phone tip Aug. 16, 2007, that there was marijuana on Robertson's premises, and a young child was in residence. The deputies responded to the house on Route 42, and "found several full-grown, mature marijuana plants," Singleton said.
Franklin found Robertson guilty, and sentenced him to one year supervised probation and 24 hours of community service. He also restricted Robertson's driver's license for six months, and ordered him to pay court costs.
Cases come to trial
Several cases related to recent grand jury indictments were scheduled for trial May 9:
• Benjamin Lee Essex is charged with two counts, misdemeanor possession of marijuana, and felony possession of a Schedule I narcotic.
• Alecia "Lisa" Hise and her daughter, Laura Hise, are each charged with two counts, misdemeanor stealing property, and felony breaking and entering.
• Eric Huffman and Chad Montgomery each face 11 felony counts of breaking and entering and stealing property, stemming from a series of burglaries along Route 42.
• Joshua Smith Banker will stand trial for felony grand larceny March 21.
• Radcliffe King will be tried for felony possession of a Schedule I narcotic on May 23.
• Elmer Mines Jr. will face trial by jury April 4, on a felony charge of aggravated sexual battery of a minor.
• This Friday, Feb. 22, John Mills of Millboro will stand trial for felony aggravated sexual battery of a 10-year-old girl.
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