Five years in prison imposed in NK manslaughter case

“He just didn’t care about the consequences of his act. He just didn’t care.”

Those words from Judge Thomas B. Hoover concerning defendant Joshua Earl Apperson played a vital role today (Monday) in New Kent Circuit Court during the sentencing phase of Apperson’s involuntary manslaughter conviction in the death of Alison Taylor Farmer.

The judge imposed 10 years in prison with five suspended on the 21 year-old Toano man on the one count of involuntary manslaughter stemming from an accident during a nighttime party at Wall’s Farm on Homestead Road last Aug. 7.

The defendant must pay $10,021 in restitution for Farmer’s funeral costs, as well as counseling and medical bills incurred by her family in an amount to be determined later. He also received a $500 fine for driving under the age of 21 with alcohol in the vehicle, as well as an indefinite loss of his driver’s license.

Along with three other passengers, Farmer rode in the bed of a pickup truck driven by Apperson as the defendant attempted to create “donuts” by spinning the vehicle’s wheels while speeding through an open field. The truck flipped and rolled, ejecting those in the bed. Farmer became pinned underneath the vehicle and later died from her injuries.

The heartbreak of his daughter’s death weighed heavily on the victim’s father, Bernard Farmer Jr., as he took the stand to read his impact statement on the tragedy.

“Her birth was one of the best moments in the 60 years of my life,” said the emotional father. “I’m compelled to speak because Alison deserves the best, and Alison has no voice.”

The elder Farmer recapped his daughter’s activities, organizations, and achievements before the courtroom. He spoke about the hundreds of young people that supported him and his wife, Deborah, and how they introduced themselves to the couple during the funeral, commenting on how Alison affected their lives.

“I thought I could make it through any hardship I faced,” continued the father. “My daughter’s death changed that.”

According to his words, his daughter’s death forced him to retire from his 30-year engineering career because he feared being incapable of focusing on his duties. Schoolwork by Alison’s sister, Kate, also suffered because of the incident, he said.

“Because of his actions, my daughter received a death sentence, while me, my wife Deborah, and her sister Kate received a life sentence,” he concluded.

Hoover questioned the victim’s father about her future career, which included teaching in special education. Alison was enrolled at Thomas Nelson Community College prior to her death, pursuing a degree in the education field.

Randy Carner, a pastor at Christ Community Church in Toano, testified about his visits to Apperson and the remorse exhibited by the defendant that he said couldn’t be justified in words.

Apperson took the stand, reading a letter of apology to the Farmer family. Upon finishing, commonwealth’s attorney Linwood Gregory asked the defendant what caused his life to spiral out of control.

“You never got into any trouble in school. You never got in any trouble with the law. How did this all change within a six-month time span?” questioned Gregory.

“It was peer pressure. I just wanted to have fun and it got out of hand with friends,” responded Apperson.

Hoover grilled Apperson, digging into the defendant’s background and relationship with the victim through a barrage of questions.

“Why were you involved in three different thefts?” the judge questioned, referencing an earlier guilty verdict entered by Apperson in an unrelated case. “What is going on with you?”

“My intentions were not to steal,” responded the defendant, saying that his crimes were just meant to be fun.

Apperson’s response angered Hoover, prompting the judge to display two photos before the defendant.

“When [Alison’s] parents said she had a vibrant smile, they weren’t lying,” the judge continued. “Look at that smile. I’m struck by the vibrance of the picture.

“Now look at this picture,” he said, showing the autopsy picture of the victim to Apperson, who admitted seeing it for the first time. “You can’t even recognize her.”

Hoover’s defining statement once again referenced Apperson’s earlier case.

“Your criminal record shows you’re a thief,” said Hoover. “You stole a promising potential life. You stole her from the family, and you stole her from society.”

Defense attorney Pat Kelley said his client plans to appeal.

In Apperson’s unrelated case earlier during the day, he accepted a plea deal that convicted him on one count of grand larceny.

Apperson admitted that he and Grant Lee Blasingame stole money belonging to David and Nancy Dean sometime during Jan. 17-27 in 2012. According to a summary of evidence, the amount totaled more than $60,000. Under the plea agreement, he will serve one year in jail and pay $50,000 in restitution.

Related to the Apperson and Blasingame case, Todd Michael Minor, 20, of 425 Airport Road, Yorktown, entered an Alford plea as part of a plea deal offered by the commonwealth’s attorney on one count of grand larceny. While Minor did not admit to committing the crime, he said that information he provided to Apperson and Blasingame led to the theft from the Deans.

While apologizing to his family during sentencing, Nancy Dean, Minor’s grandmother, scorned him for his behavior.

“If you would have asked, we would have given you the money,” said the emotional grandmother. “You’re nothing but a liar and a thief. You’re no grandson of mine.”

Under the agreement, Minor will serve five years in jail with all but 10 months suspended.

Plea deals accepted in other cases heard Monday include:

–Rodney Ryan Burnside, 30, of 3313 Chickahominy Road, Toano, on one count each of grand larceny and selling stolen property. Burnside admitted that between the dates of July 23-Aug. 13 of last year, he stole shotguns from his girlfriend’s father, Jeffrey Deaton, and sold them to Eric Reynolds. Under the agreement, Burnside received a total of 10 years in prison, with all but six months suspended. He also has to pay $400 in restitution.

–Bret Cole Dunham, 30, of Henrico Jail East, on one count of grand larceny and one amended count of accessory after the fact. Two charges of vandalism and trespassing were dropped. Dunham admitted he sold jewelry belonging to his mother to a pawnshop on Nov. 18 of last year. Dunham also admitted he was involved with a copper theft from the Dominion Power substation in Rockahock along with Angel Anderson and Allen Scott Rutherford Jr. on Aug. 31 of last year. Under the agreement, he has to pay $2,000 in restitution to being an accessory in the Dominion Power theft, and will spend six months active time in jail on the jewelry theft.

–James Tillis Wickline Jr., 23, of 8030 Old Roxbury Rd., Quinton, accepted a plea deal to two counts of amended charges of attempted grand larceny. Wickline admitted he attempted to burglarize Tony’s High Performance shop in Providence Forge on Sept. 25 and Surf & Turf in Eltham on Sept. 26 of last year. Under the agreement, he received 10 years in prison with all suspended and has to pay restitution of $932.41. He remains incarcerated on pending charges in other jurisdictions.