Felony charge reduced in exchange for active jail time in CC Circuit Court

A Norfolk man will serve one month in jail in exchange for a felony charge being reduced to a misdemeanor.

Donald Leroy Lewis, 66, of the 900 block of E. 29th Street, had a charge of possession of a firearm by a non-violent felon amended to misdemeanor accessory after the fact during Oct. 3 Charles City Circuit Court proceedings.

Lewis accepted a plea deal at an earlier trial date on the charge, admitting he trespassed on a shooting range after hours last Dec. 22. Patrick Kelly, Lewis’ attorney, said over the past month that his client has struggled with the plea deal and was looking for a reduced charge.

“While the plea deal doesn’t call for any active time, it significantly would hurt Mr. Lewis’ opportunities for work,” Kelly said. “That is why we asked for a presentence report to see if we can get the charge reduced to a misdemeanor.”

“I don’t think he intended to violate the law and he thought he had his rights restored in 1994 and those included the right to possess a firearm,” the defense attorney concluded.

Commonwealth’s Attorney Rob Tyler said prosecuting the felony charge was ideal under the circumstances and evidence in the case.

“The idea of him not knowing that a convicted felon cannot possess a firearm seems farfetched to me,” Tyler said. “Here is a man who could not purchase a gun, but admits he is an avid hunter and has gone out to the mountains to hunt.

“Why it’s not an aggravated case, I think it should go forward as a felony,” concluded the commonwealth’s attorney.

Judge Thomas B. Hoover said both sides had made valid points, but favored the defense despite understanding the prosecution’s stance.

“This defendant committed armed robberies in 1967 and 1969 and later had his rights restored,” Hoover said. “The defendant failed to realize that there is a two-step process in restoring rights to possess a firearm.

“I have had cases when guys tried to ease back into the woods after a long time to go hunting,” continued the judge. “Here, Mr. Lewis went to the gun range slightly after hours and that’s what got the attention of the officer.

“However, I believe Mr. Lewis should do some time,” Hoover’s monologue continued. “He is 66 years old and is doing well, but in exchange for the reduction from a felony to misdemeanor, he should pay for his crime.”

Hoover sentenced Lewis on the reduced misdemeanor charge to 12 months in jail, with all but one month suspended.