New Kent Charles City Chronicle

News for New Kent County and Charles City County, Virginia | March 28, 2024

Torn check for scrap metal net CC man guilty verdicts in New Kent

By Andre Jones | August 26, 2014 10:49 pm

When Donald Charity discovered junked trucks from his property were missing on Jan. 27, 2012, he scavenged the land to find any type of clue to how they disappeared. What the victim found was a torn check, which eventually would lead to guilty convictions for his cousin.

Kenneth Alton Charity, 50, of the 9400 block of Stagg Run Road, Charles City, was convicted on one count each of grand larceny and obtaining money by false pretenses during Tuesday afternoon New Kent Circuit Court proceedings.

Testimony by Donald Charity indicated that on the aforementioned date, he went to his property on Golden Wheel Road in New Kent to show his antique tractor-trailer trucks and flatbed trucks to a friend. Upon arrival, he found them missing and called authorities. The following day, he returned to the property and searched the land, where he recovered a torn check. He picked up the pieces and was able to identify the check was made out to Robin Charity, the wife of Kenneth Charity.

Authorities contacted Samuel Morrison, a part owner of S&K Recycling in Richmond, whose name was on the check written out to Robin Charity. According to Morrison, interactions with Kenneth Charity led to the removal of the vehicles.

“I approached Kenneth Charity about the trucks on Golden Wheel Road,” said Morrison, recalling initial conversations with the defendant. “I met him at the property and agreed to purchase four tractor (trailers) and two flatbeds for $2,200.

“When I wrote him the check, he asked me to make it out to his wife because he didn’t have a checking account,” continued Morrison. “After the first check, there was something wrong with it according to his wife, so I ripped it up and wrote him another one.”

That $2,200 was a mere fraction of value that the property was actually worth according to Donald Charity. He projected a total of $33,000 for the items if sold as scrap, and an “as-is” value of $22,000.

Defense attorney Todd Duval cross-examined Morrison, targeting his business practices about properly obtaining information from clients. Morrison responded, saying he doesn’t ask for identification or paperwork for older vehicles.

Duval’s cross-examination continued with sheriff deputies, indicating inconsistencies in police reports identifying Kenneth Charity as the man who conducted the activity.

But the defense attorney’s ploy did not provide enough pull to render a motion to strike from Judge Thomas B. Hoover.

Kenneth Charity took the stand, saying his conversation with Morrison was about two oil trucks and a tractor-trailer that he owned on his property in Charles City.

“I left a note at Mr. Morrison’s work gate that I had junk to sell in Charles City,” testified the defendant. “I have had interactions in the past with him and I have hauled junk for him, and it was not my first time meeting him.

“Mr. Morrison said he would pay me when he moved those trucks off my property,” the defendant continued. “When I finally called him, he said he was working on property in New Kent and to meet him there to get the money.”

That location: Golden Wheel Road.

Hoover began to question the defendant’s story, pointing to inconsistencies based on common knowledge through Kenneth Charity’s history in the scrapping business.

“If you were involved in the business, how hard is it for Mr. Morrison to tell you that he’s doing a job on Golden Wheel Road when you have been on that road?” questioned Hoover, mentioning the defendant’s own testimony of stopping at a now defunct auto shop on the road.

Closing arguments by Commonwealth’s Attorney Linwood Gregory simplified the series of events and the defendant’s fabricated story.

“Kenneth Charity is a playwright and it’s a good story,” commented Gregory. “He indicated he was to meet Mr. Morrison at a location but needed directions to a place he was familiar with.

“Then, he indicated he needed to get the money instead of going to the hospital,” continued the commonwealth’s attorney, referencing earlier testimony of an injury suffered by the defendant. “It’s a good story, but it doesn’t fit the facts of this case.”

Hoover agreed, speaking on the believable testimony from the victim and the defendant’s past criminal history.

“I find Mr. Donald Charity a credible witness,” said Hoover. “He’s intelligent enough to pick up the torn check and put it in a plastic bag.

“The order of events matched what humans would do,” continued the judge. “It’s like buying a new car; if you go to the property and you see it on the property, you negotiate with the person about it. Here, the property was on Golden Wheel Road and money was exchanged on the property, and it’s safe to recognize the business being done on this property in New Kent dealt with the items at this location.

“The price makes sense that Mr. Morrison testified to [$500 for each tractor-trailer and $200 for the flatbeds],” added Hoover. “The defendant is telling me he told the guy to remove property from Charles City and he would collect the money later.

“Simply put, the facts don’t match human experiences and common sense business practices and I find the defendant guilty on both the grand larceny and obtaining money under false pretenses,” concluded Hoover.

Formal sentencing for Kenneth Charity is scheduled for Oct. 27, with sentencing guidelines ranging for incarceration from one year, one month to two years, 11 months.