Court testimony reveals NK family’s drug-driven lifestyle

Charges of reckless child endangerment lodged against a New Kent father of two have been dismissed in county circuit court. But the father, James Kevin Plante, has been found guilty of cocaine possession.

Testimony in the case, however, pointed to a family in crisis brought on by the presence and use of illegal drugs.

Plante, 48, of 3800 Pocahontas Trail in Quinton, pleaded not guilty to all three charges during his March 3 trial. Judge Thomas B. Hoover “reluctantly” dismissed the two child endangerment counts, saying to convict he would have to believe questionable testimony offered by a witness who police arrested at the scene. But Hoover refused to accept a defense argument that Plante knew nothing about several devices used for smoking crack cocaine along with drug residue that police discovered.

Events began to unfold last Aug. 29 when New Kent Deputy Ed Jones arrived at the Star Motel on Route 60 to arrest the witness, Rochelle Lewis, on a charge of unauthorized use of a motor vehicle. Lewis was living in a motel room at the time, and a few doors away, Plante and his two children, a daughter age 17 and a son age 16, were residing after losing their house in Woodhaven Shores.

Jones testified that after taking Lewis into custody, she said he should investigate drug activity in Plante’s room. As Jones approached the doorway to Plante’s room, the door was slightly ajar and he detected the odor of marijuana coming from inside.

Plante met him at the doorway, Jones said, and when questioned about the odor, the defendant said it was perfume. Inside, deputies found several pipe stems used for crack and marijuana smoking hidden about the motel suite.

Plante did not testify, but his attorney, Taylor B. Stone, said the devices did not belong to his client. The lawyer characterized Plante as a hard-working, drug-free citizen who had just arrived home from work and invited the deputies inside.

Lewis, meanwhile, testified that she smoked marijuana and crack with Plante and the two kids almost on a daily basis. She said the group often spent summer evenings sitting outside their motel rooms doing drugs. The father supplied the drugs, she said.

But under cross-examination from Stone, Lewis said she told the deputy about the drug activity to retaliate toward the daughter whom she believed had turned her in. Stone pressed the point that Lewis had an ax to grind with Plante.

The daughter, testifying on behalf of the defendant, said she had done drugs with Lewis, but had not spoken to Lewis in a couple of weeks after the two had argued. She said her father labeled Lewis as sneaky and did not want her hanging around.

The daughter said she usually smoked marijuana and crack after her dad went to work, adding she was getting free cocaine eight-balls from a dealer in Charles City County. Some of the pipe stems found in the room belonged to her brother, she said. She also said her dad had told her she needed to stop drug use or at least not do as much.

On the day of the incident, she said her father announced that the police were at the motel, prompting her, her brother, and a brother’s friend to bail out a rear window. She later returned to the room, and deputies found the brother and friend hiding in tall grass behind the motel.

She told the court her father is a former crack-head, her mother is in a halfway house in Chesterfield County, and her brother is in a group home in Richmond.

The daughter, meanwhile, is being held in juvenile detention on charges relating to the Aug. 29 incident as well as an accessory after the fact to robbery charge from another jurisdiction. Her boyfriend, she said, is locked up for attempted robbery.

Following the daughter’s testimony, Hoover glared at the defendant and told him, “What an awful story I’ve heard your daughter tell me about your home life.”

Stone told the judge, “This man certainly will not win a father of the year award,” but argued the prosecution had neither proven reckless child endangerment nor tied his client to the drugs and paraphernalia.

Prosecutor Linwood Gregory told the judge, “[Plante’s] parenting duties are certainly greater than telling his kids the cops are here,” adding the defendant had to know about the drugs and had to participate.

After discounting Lewis’ testimony and dismissing the child endangerment counts, Hoover ruled that Plante obviously knew about the ongoing drug activity and no evidence showed the defendant tried to stop it.

“He did not do anything to actively remove the drug use,” the judge said in finding Plante guilty on the cocaine possession charge.

“I accept testimony that Ms. Lewis knew drugs were in the apartment, but not that Mr. Plante was doing drugs with his son and daughter,” the judge said.

“But Mr. Plante cannot simply take the ostrich approach and close his eyes and stick his head in the sand,” Hoover continued. “Saying the odor was perfume coming from the room shows criminal intent to throw off police and hide the drugs.”

Sentencing for Plante is scheduled in May.