Two defendants plead guilty, charge against third dropped

A Charles City man has been sentenced to an active term of one year behind bars in connection with an attack on his brother.

Calvin Barnes, 45, of 6020 Adkins Road, entered an Alford plea of guilty on June 6 in Charles City Circuit Court to one count of unlawful wounding stemming from an incident last Feb. 12 involving his brother, Jarvis Barnes. Under an Alford plea, a defendant does not admit guilt but stipulates evidence in the matter would be sufficient for a conviction.

In a summary of evidence, prosecutor Rob Tyler told the court the Barnes brothers were at home on the day of the incident and both had been drinking. An argument escalated into a fight during which the defendant produced a knife, cutting his brother on one hand. The brother also sustained a gash to the back of the head. Both wounds required stitches to close.

Tyler added that the brother had cooperated with authorities but had not wanted to prosecute. He added that the brother is satisfied with the case’s outcome.

Defense attorney Richard E. Hill Jr. said his client is very remorseful and has been held in jail since the incident occurred.

Judge Thomas B. Hoover sentenced Barnes to five years in prison with all but the one year suspended for the next 20 years. Barnes was given credit for time already served.

In another, unrelated case on June 6, a Charles City man pleaded guilty to possession of a firearm by a convicted felon. Tony Edward Martin, 36, of 3200 The Loop Road, faces a mandatory two years in prison when sentencing takes place in September.

Tyler told the court that Martin, who has five previous felony convictions from 2004-05 involving computer use to solicit a child, admitted to a probation officer that there was a firearm in his home. On Feb. 7, a Charles City deputy recovered a Glock .357 from the home.

Defense attorney Judy August said the fact the weapon was there was an oversight on the part of her client. Martin owned the handgun before the felony convictions occurred, she said, adding the weapon had never been fired and was stored in a bag stashed away in a closet.

August requested alternative sentencing other than prison for her client, but Hoover declined, saying he is bound by the law to impose the minimum two years. Martin remains free on bond until sentencing.

Also on June 6, a charge of construction fraud lodged against a man already being held in jail on other unrelated charges was dropped on a technicality.

William Harvey Hyer, 57, who is being held in Middle Peninsula Regional Jail on other charges, was indicted in May on the construction fraud count. Hyer entered into a $12,000 contract to build a garage for Warren Hampton on Sept. 19, 2001.

Tyler told the court that work amounting to $4,000 was completed. Hyer then accepted another $4,000 advance payment from Hampton, but never finished the job and did not return the money.

But a certified letter, as required by law to be sent to a defendant’s last know address, demanding the money back or the work finished never reached Hyer. Letters, instead, went to an attorney in Charlottesville who had represented the defendant in another matter and to Hill, Hyer’s current attorney.

“That does not meet the law,” Hoover said. “A letter must be sent to the defendant.”

The fraud charge, on motion by Tyler, was dropped. Tyler said he is unsure if he will seek to indict Hyer again based on another section of state law.