Quinton man to serve six months for DUI, heroin possession time suspended

A Quinton man will spend six months in jail after being convicted for possession of heroin and driving under the influence (second offense).

After a contested trial, Evan Roy Sluder, 32, of the 5300 block of Adams Road, received guilty verdicts on both offenses during Monday morning proceedings in New Kent Circuit Court.

Last April 4, Deputy Wyatt Johnston responded to a call on Poverty Hall Road about a vehicle idling in the roadway. Upon arrival, he found a vehicle with its engine on, but not moving. The deputy testified he approached the vehicle and knocked on the window several times to awaken the driver, Sluder, and his passenger, Winston Allen Kirby.

Johnston said he noticed both men were disoriented and conducted a field sobriety test on Sluder. While Sluder passed an initial test of reciting the alphabet, he failed three other subsequent tests and was placed under arrest.

The deputy proceeded to Kirby and asked if he had any items of concern prior to a consensual search. Kirby admitted that he had a syringe and a spoon in his pocket that had been used for heroin.

Johnston returned to Sluder who admitted drug usage. A search of the defendant’s vehicle revealed a second spoon and syringe in the center console. Both men were arrested and taken into custody at that point.

Kirby testified, indicating the items in the console did not belong to Sluder but belonged to him. Kirby said he and the defendant fell asleep in the car while waiting for a “monster deer” that roamed the area and prevented the two from proceeding up the driveway to Kirby’s home.

However, cross-examination from assistant Commonwealth’s Attorney Randy Del Rossi revealed that Kirby had used the substance while changing oil on the vehicle after work. While Kirby didn’t witness the defendant use heroin, Del Rossi challenged the witness’ memory. The witness admitted that he didn’t recall any interaction with the deputy on the night.

Del Rossi summed up the trial in a brief statement.

“This is a straightforward case,” said the assistant commonwealth’s attorney. “Sluder admitted to the officer that he had used it and he was found behind the wheel of the vehicle.”

Defense attorney Scott Renick argued for Sluder, saying no physical evidence was presented during the trial.

“When a search was done, no drug was found on him and no drug test was taken,” argued the attorney. “There also was no other forensics as well. We have nothing here but a lot of spectulation.”

Judge B. Elliot Bondurant, however, disagreed with defense counsel, saying the officer’s testimony and statements made by the witness pointed to Sluder’s guilt.

“The officer’s testimony along with the testimony of the witness about the heroin use is credible,” said Bondurant. “As the witness testified, the defense counsel made no objection to the testimony. I find the evidence is sufficient enough to convict.”

Sluder received a 12-month jail sentence on the misdemeanor DUI charge, with six months suspended (20 days of the sentence are mandatory under state law). All 10 years for felony possession of heroin were suspended. The defendant must also pay a $1,000 fine on each charge.