I-64 teen pleads guilty. Again.
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The youth who pleaded guilty to seven counts in the March 27 shooting spree with Gremlin-driving Slade Woodson that closed Interstate 64 and drew felony charges in Albemarle and in Waynesboro and who then appealed the charges after Juvenile and Domestic Relations Court Judge Susan Whitlock threw the book at him was back in court yesterday. The 16-year-old pleaded guilty again, this time to five charges in Albemarle Circuit Court before Judge Cheryl Higgins.
“An appeal is de novo,” says Deputy Commonwealth’s Attorney Darby Lowe. That means it’s an entirely new trial and the two Waynesboro charges the former Western Albemarle High student had pleaded guilty to go back to court in Waynesboro. The defendant will be sentenced July 8.
Although a probation officer and the defense recommended a 180-day program at local Blue Ridge Detention Center, and prosecutor Lowe agreed, pending good behavior, Whitlock was not swayed. “Because of the number of charges and the violent nature of those charges, the court believes incarceration to the juvenile justice system advisable,” she said as she sentenced the boy to an indeterminate sentence. That means the state would have decided how long he could be held, possibly until his 21st birthday.
Apparently, the youth has nothing to lose by appealing: The maximum sentence he faces is still incarceration until 21.
All Judge Susan Whitlock do was cost taxpayers more money and reduce citizens faith in our justice system. Now the process starts over.
Both the Prosecution and Defense were agreeing on a certain punishment. I do not understand the Judges thinking on this matter other then to make a name for herself.
Sorry, the kid needs to learn the harsh lesson here. A weapons charge, felonies, etc. should be dealt with within the realm of a juvenile prison. He is now a convicted felon and should be made to pay the price for his actions. It is surely admirable that he “manned up” and plead guilty, but that is just the start.
This is Virginia. Fry em.
He deserves punishment and more punishment.
oh for the old days when we could spit on him in the courthouse square….
Alan:
I have every confidence that he will be “manned up” by Bubba and a few others in prison. It will bring a whole new perspective to body piercing. Now we know why judges should be ELECTED rather than appointed. Just as Sheriffs or Delegates or Senators or Councilmen or Boar. Appointment for life is tyranny and there is no accountability. Call ‘em on it!
Just to clarify things a bit for Alan, there is no provision in the law for juveniles to be convicted of a felony. He was “adjudicated delinquent”. No guilt. No felony. The moment he filed his appeal, he was no longer adjudicated delinquent. Because the juvenile court does not comply with the Virginia Constitution, an appeal to the Circuit Court automatically wipes out the juvenile court’s adjudication as though it never happened. My opinion is that Judge Whitlock felt that such a serious matter was “above her pay grade” and the maximum sentence was just a way to send this matter up to a real court.
Whatever happened to the innocent bystander who was shot by police in the arrest raid? Did he live? Is he pressing charges?
Family Guy: Many thanks for the information on the appeal. My understanding was that once a guilty plea is accepted then the defendant is barred from making an appeal and I was wondering how any of that was able to fly in juvenile court(I know nothing about how the juvenile system works). Thanks for fixing us up. :)