Felony eluding of police nets Richmond man prison term
A Richmond man who entered guilty pleas during an Oct. 21 trial in New Kent Circuit Court will now serve three years in prison.
Joseph Junior Boyd, 44, of the 1500 block of Tree Ridge Road, received the conviction in Jan. 13 court proceedings from Judge Richard Atlee. Boyd received a five-year sentence on one count of felony eluding of police, with three of those years active. One year each on misdemeanor charges of failure to stop at an accident, driving as a habitual offender, and reckless driving were suspended. He must also pay $264.75 in restitution.
Boyd admitted in the earlier trial that he eluded a New Kent deputy after a traffic stop on Interstate 64 on May 28, 2012. When Boyd handed the officer an identification card and not a license, the deputy proceeded to his vehicle to look up the information on the driver. Boyd took off in his vehicle and a chase ensued, heading westbound before Boyd used the emergency crossover to return in the other direction. After Boyd stopped a second time, the officer again got out his cruiser but Boyd executed a U-turn maneuver and headed westbound in the eastbound lanes, forcing the officer to terminate the pursuit. During the pursuit, Boyd clipped another officer’s vehicle.
During mitigation, defense attorney John Jones argued that the defendant’s actions to surrender should be taken into consideration by Atlee.
“My client turned himself in on his own accord and we’re not challenging the guilty plea at all,” Jones said. “He admits he is at fault.
“Even though the guidelines recommend two to three years, I believe 15 months active time would be sufficient in this case,” Jones concluded, adding the fact that Boyd is serving an active three-year sentence in Hanover County.
However, Commonwealth’s Attorney Linwood Gregory pushed for three years to get Boyd much needed attention for his addiction to cocaine.
“I believe he needs to go to prison and into the therapeutic treatment program,” said Gregory. “I believe this is what he needs and that’s why I am asking the court to exceed the guidelines.”
Guidelines called for a range of two years, three months to two years, seven months of active time. Atlee, however, agreed with the commonwealth’s motion.
“I find that Mr. Boyd needs treatment for his addiction,” the judge said. “I also take into account that the defendant was on the lam for more than two years before turning himself in on these charges. The court exceeds the guidelines based on these factors.”
In other circuit court proceedings:
–Melissa S. Perkins, 44, of the 1700 block of Arrowhead Road, Quinton, accepted a plea deal and entered a guilty plea to one amended charge of distributing drugs as an accommodation, which means she received no personal gain or benefit. Two charges of conspiracy to possess and one charge of possession with intent to distribute were dropped. In a summary of evidence, last March 15, Perkins, along with a co-defendant, placed an hydrocodone pill in a mailbox as part of a drug sale. After an investigation, Perkins was taken into custody where she later confessed to the crime. Under the plea agreement, she received a 10-year jail sentence, with all but six months suspended. She also must pay restitution in the amount of $250.
–Jason Rhoten, 28, currently of Central Virginia Regional Jail, received a 10-year sentence with all but nine months suspended on one charge of grand larceny. All 10 years on a second grand larceny charge were suspended. Rhoten entered an Alford Plea of guilty during an Aug. 12 trial. While not admitting to guilt, evidence showed that the defendant stole a chainsaw belonging to Paul Hitchcock and a laptop and television belonging to Karen Morris on Oct. 29, 2012. He must also pay a total of $2,782 in restitution.