Robbery suspect stunned by NK deputy pleads guilty

A Richmond man, who had to be stunned by a taser gun after stealing cash from a New Kent convenience store and attempting to elude police, could be spending substantial time in prison after pleading guilty in county circuit court.

Kenneth Lee Barnes, 49, of 4212 Welford Ave., pleaded guilty on Monday to one count each of grand larceny and eluding police. As part of a plea deal, a charge of misdemeanor destruction of property was dropped.

Also as part of the agreement, the prosecution is recommending active prison time not to exceed the midpoint of the state’s sentencing guidelines, which call for four years, one month in Barnes’ case. But Judge Thomas B. Hoover is not bound by the guidelines and could hand the defendant up to the maximum 20 years for grand larceny and five for eluding.

Barnes, who has been free on $50,000 bond, will have some active time under his belt by the time sentencing takes place in May. Following Monday’s proceedings, Hoover revoked the defendant’s bond and ordered him held in jail until the sentencing date.

Last Nov. 13, Barnes walked into Rick’s Stop and Shop on Route 249 in Quinton around 3:45 p.m., picked up a bottled drink, and approached Denise Phillips, the lone clerk on duty behind the store’s checkout counter. Summarizing what took place, prosecutor Linwood Gregory read from the statement Phillips gave to investigators.

Barnes asked for a lottery ticket and then handed cash to Phillips. When the clerk opened the cash register drawer, the defendant said, “I need this,” and began helping himself to bills.

“I immediately stepped back from the register and said ‘Take it,’” Gregory said, reading from the clerk’s account.

As Barnes ran outside, Phillips grabbed a nearby phone and called 911. She supplied the dispatcher with the license plate number on Barnes’ getaway car along with descriptions of the vehicle and what Barnes was wearing.

Barnes drove east on 249 and turned on to Airport Road where he encountered New Kent Chief Deputy Joe McLaughlin headed in the opposite direction. Already on the lookout for the getaway car, McLaughlin turned his unmarked police cruiser in pursuit.

The chase headed into the Woodhaven Shores subdivision on Terminal Road, a dead end. When the pavement ran out, Barnes drove through A.C. Worley’s yard to avoid McLaughlin and head the other way on Terminal Road. But returning to the Airport Road intersection, Barnes lost control and crashed.

At gunpoint, McLaughlin ordered Barnes out of the vehicle and on to the ground, but the defendant failed to comply. As Barnes lunged forward, McLaughlin sidestepped and disabled the defendant with a taser gun. Other deputies arrived on the scene and helped subdue the defendant.

Barnes told another deputy that when he saw the money in the cash drawer, the temptation was too great, Gregory told the court.

“He said he knew it was a bad move and he didn’t want to hurt anybody, but he had several bills to pay and no money to pay them,” Gregory said, adding Barnes complimented deputies for doing a good job in apprehending him.

Defense attorney Jean McKeen pressed for her client to remain free on bond, saying he works fulltime and adding that the incident resulted partly from Barnes’ drug abuse and mental state. She said her client is bipolar and suffers from schizophrenia.

But Hoover disagreed, noting the seriousness of the charges and Barnes’ previous criminal record that includes armed robbery and drug convictions in 1983 as well as other recent felony convictions.