CC man receives no active time for hit-and-run in New Kent

A Charles City man will serve no active time after a felony hit and run accident near Providence Forge.

Michael Lee Wallace, 41, of the 11800 block of Canora Lane, received a five-year suspended sentence in New Kent Circuit Court proceedings Monday morning.

Wallace was convicted on one count of felony hit and run during an Oct. 26 trial. In that trial, evidence revealed that Wallace’s car struck a Hummer belonging to Michael Ballard on Dec. 22, 2012.

Although sentencing guidelines recommended a sentence of one year, two months up to two years, three months, assistant commonwealth’s attorney Randy Del Rossi presented a recommendation of no active time due to the defendant’s condition. Wallace is a paraplegic.

“I err on the side of caution and on the side of the defense’s recommendation,” said Del Rossi, pointing to defense attorney Todd Duval’s stance for no active jail time. “His [Wallace] incarceration would cost the Commonwealth a lot of money.”

According to Del Rossi, even at the minimal sentence, Wallace’s medical needs could cost more than $100,000 to the state of Virginia.

Judge Thomas B. Hoover followed the recommendation of Del Rossi, but elaborated on Wallace’s actions.

“I find that Mr. Wallace did engage in reckless behavior for more than 10 miles,” the judge said, pointing to case testimony indicating Wallace’s interaction with the victim started in Henrico County.

“His actions were caused by his lack of attention. He chose to flirt with females occupying another vehicle instead of focusing on the road.

“His actions were more of a teenager, not a 40-year old,” Hoover added. “He never intended to stop at the scene fearing he’d pick up a reckless driving charge.”