A 22-year-old Nathalie man, Lamitchell Damar Allen will serve a total of four years in prison after pleading guilty Friday in Halifax County Circuit Court to charges for a subsequent possession of a weapon within a 10-year period and felony possession of a weapon or ammunition.
Judge Kimberley S. White sentenced Allen to five years in prison for the subsequent firearm possession charge, with all but four years suspended, two of them mandatory.
White also sentenced Allen to a five-year suspended prison term for felony possession of a weapon or ammunition, with all suspended time conditioned on Allen’s good behavior for 10 years.
Finally, White ordered Allen be placed on probation for one year and ordered him to pay court costs in full within six years.
The offenses for which Allen was convicted occurred May 5, according to court records.
Allen was a passenger in a vehicle stopped by South Boston Police Department for traffic infractions on that day, according to commonwealth’s attorney Tracy Martin.
“Officers detected the odor of marijuana, and they searched the car and each of the four occupants,” explained Martin.
“Officers found a 9mm semi-automatic pistol concealed in Mr. Allen’s right pant pocket. Although Mr. Allen was polite and cooperative with police, he was a convicted felon.
“He pleaded guilty to being a felon in possession of a concealed weapon and being a felon in possession of a firearm.”
Each charge had a potential sentencing range of from 0-5 years, but a mandatory minimum term of incarceration of two years, according to Martin.
“Mr. Allen received a total active sentence of four years, and an additional suspended term of incarceration of six years,” said Martin.
“He must be of uniform good behavior for a period of 10 years after his release from incarceration.
“The commonwealth agreed to this arrangement in consultation with law enforcement and after considering the equities of the situation, including the criminal history of the defendant.
“The commonwealth achieved by agreement what it could have after a trial, but with more efficiency. We secured a sentence greater than the sentencing guidelines and we were satisfied with the outcome.”
Other Court Cases
w Leshan Rontez Kirby, 29, of Halifax was convicted Friday of a felony charge for eluding police and misdemeanor charges for reckless driving-speeding and driving on a revoked license.
Sentencing for Kirby was continued to a date in the December court term.
w Luis Angel Rivera Torres, 54, of Halifax had a charge against him for grand larceny dismissed following a two and one-half hour bench trial on Friday.
Torres had pleaded not guilty to the charge prior to the trial.
w Damien Scott Hartlove, 22, of Virginia Beach was sentenced Friday to five years in prison for felony eluding police, with all but seven months suspended.
White also sentenced Hartlove to 12-month suspended jail terms for driving on a revoked license and reckless driving/speeding, and to a 30-day suspended jail term for possessing marijuana, with all suspended time conditioned on Hartlove’s good behavior for 10 years.
White also ordered Hartlove to be placed on probation for one year, suspended his operator’s license for a total of one year and 180 days, and ordered him to pay court costs within two years.
w Jessica Denise Seate, 21, of South Boston was convicted Friday of a charge for selling or distributing heroin as an accommodation and a probation violation charge.
A charge against Seate for selling or distributing heroin was nol prossed during the hearing.
White ordered Seate be evaluated for CCAP prior to sentencing, set for a date in the January court term.
Community Corrections Alternative Program (CCAP) is a sentencing option for those convicted of non-violent crimes that emphasizes re-entry and transitional services.
Participants must be on supervision for the duration of the program, if accepted. After successfully completing the program, they also have a recommended period of intensive supervision followed by at least one year of regular supervision.
• Christine Alivia Strautnieks, 31, of Timberlake, North Carolina pleaded no contest Friday to a felony charge for possession of a controlled substance and a misdemeanor charge for shoplifting.
Pursuant to a plea agreement with the commonwealth, White offered Strautnieks first offender status for the drug possession charge, deferring her finding of guilt and taking the case under advisement.
White sentenced Strautnieks to a 12-month suspended jail term for the shoplifting charge, ordered her to pay $80.38 restitution in full by May 1, ordered a restricted operator’s license and ordered the defendant to pay court costs in full.
White also dismissed a charge against Strautnieks for failing to appear in court.
w Zachary Eugene Edwards, 31 of Concord pleaded guilty Friday to four charges, including a felony charge for distribution of methamphetamine, a felony charge for possession of hydrocodone and acetaminophen, and misdemeanors for possession of marijuana and driving on a revoked license.
Pursuant to a sealed plea agreement with the commonwealth, Edwards will be evaluated for CCAP before sentencing set for a date in the January court term.
w Michelle Anderson Epps, 51, of Halifax pleaded guilty Friday to six charges for misdemeanor embezzlement of less than $200 and one charge for misdemeanor obstruction of justice, after reaching a plea agreement with the commonwealth.
Charlotte County Commonwealth’s Attorney William E. Green Jr. prosecuted the case.
Pursuant to the plea agreement, Epps received 12-month suspended jail terms for each charge, conditioned on her good behavior for 36 months, she was ordered to perform 100 hours of community service through Halifax-Pittsylvania Court Services, and she was ordered to pay court costs in full within two years.
The court noted that restitution has already been paid in full.
w Angela Darlene Cash, 35, of South Boston was sentenced Friday to two-year suspended prison terms for three felony shoplifting charges.
White ordered the suspended prison terms be conditioned on Cash’s good behavior for 10 years, beginning immediately, and she ordered Cash be placed on probation for one year.
White additionally ordered Cash to undergo a mental health evaluation and banned the defendant from Wal-Mart and Belk while on probation.
w Coby Lane Markham, 25, of South Boston pleaded guilty Friday to possession of a Schedule I/II controlled substance.
Pursuant to a plea agreement with the commonwealth, White sentenced Markham to 10 years in prison, with all time suspended except 42 days, conditioned on Markham’s good behavior for 10 years, beginning immediately.
White ordered Markham to be placed on probation for one year upon his release, with weekly drug tests monitored and supervised by VASAP.
w Raashaun Deshay Newman, 33, of Halifax pleaded guilty Friday to a pair of felony shoplifting charges.
Pursuant to a plea agreement with the commonwealth, a felony charge against Newman for obtaining money under false pretenses was nol prossed.
Sentencing in the case was continued to a date in the November court term.
w James Patrick McCall, 39, of Danville was convicted Friday of a probation violation.
White suspended 45 days of McCall’s previously suspended jail term and ordered the defendant to pay court costs in full within two years.
w William Thomas Dunn Jr., 30, of South Boston withdrew his appeal Friday of a lower court decision that convicted him of misdemeanor assault and battery.
White sentenced Dunn to a 60-day suspended jail term, conditioned on his good behavior for 12 months.
w James Harrison Anderson, 63, of Nathalie pleaded guilty Friday to a probation violation charge.
White continued disposition of the case to a date in the January court term and ordered the defendant to re-enroll in VASAP.
w William Michael Burpo, 41, of South Boston had the court revoke his previously suspended jail term on Friday but had all time re-suspended on the same terms and conditions as before.