Drunk driving in cornfield nets Providence Forge woman guilty convictions

A Providence Forge woman who drove behind the wheel through a cornfield while intoxicated was found guilty during a contested trial on Nov. 10 in Charles City Circuit Court.

Kelly Marie Fuqua, 40, of the 11000 block of Green Oak Road, received guilty verdicts on one count each of driving under the influence (third offense) and misdemeanor destruction of property.

On the afternoon of June 5, Brandi Curtin was inside her residence on Green Oak Road when she heard the sound of a vehicle. When she stepped outside, Curtin saw a black vehicle driving erratically in a field of recently planted corn crops.

“I saw Kelly driving the car while walking in the field,” testified Curtin. “I saw her when she got out the car.”

Curtin also said she was familiar with the vehicle because she had seen it parked at a nearby residence on the road.

“I observed the car doing donuts and driving in the field,” said Robert Hunt, who was also inside of the home when the incident took place. “I noticed the defendant when I walked up to the car.”

However, defense attorney Jean McKeen asked Hunt if he actually viewed Fuqua behind the wheel of the vehicle.

“I couldn’t see who was driving because I was about 100 yards away,” commented Hunt. “I can’t say I physically saw her driving the car but I did see her standing in the V-portion of the door afterwards when I arrived.”

Charles City deputy Victoria Byrd’s testimony centered around her involvement in the area during the most of the day. Byrd said she had been in the area for most of the afternoon after responding to the first of what would turn out to be three complaints.

“After the first call, I told the man that if he had any more complaints to call back again,” said Byrd after her initial investigation. “About 50 minutes later, I responded to a second call for service to the trailer [Fuqua’s residence] and noticed nobody was at the home.

“After leaving the trailer, I received a third call less than three minutes later. I returned to the trailer to find a dark color vehicle that I had been advised about on the call was now there that wasn’t there earlier,” Byrd said.

The deputy continued, saying she noticed Fuqua walking down the driveway in a stumbling fashion. Upon approaching the defendant, Byrd detected the odor of alcohol on her. The deputy also noticed minor damage on the vehicle that included scratches, a dirty exterior, and no driver’s side mirror.

After testimony from Charles Tench about the value of the crops, McKeen called witnesses to testify about access to the vehicle and whereabouts of Fuqua during the day in question.

“I sent Kelly a text message that morning to see if she wanted to go fishing,” testified Kevin Banner. “She said yes and I picked her up and we fished for about six hours. I did not drop her off at home until 4:30 p.m.”

“I usually leave keys in my car because I’m very forgetful,” said Fred Matthews, Fuqua’s ex-boyfriend and owner of the black car.

McKeen asked Matthews about Fuqua’s brother, David Trull, and if that relationship was vital concerning allegations lodged against the defendant.

“Kelly and David have a very rocky relationship,” Matthews continued to say on the stand. “He’s very vindictive with her. He’s not a good person.

“He [David] told me and Kelly to get out the trailer,” the witness concluded.

Fuqua testified on her behalf, also emphasizing that her brother wanted to remove her and her ex-boyfriend from the trailer.

“My brother had issues with me and Fred and wanted to get more money for rent,” she said, commenting on the fact that the trailer is used as rental property. “I went fishing that day and when I got home, I went to get cigarettes out the car and that’s when I saw the car was damaged.

“I walked down the driveway to get the mail and that’s when I saw the deputy approaching me,” the defendant concluded.

But it was Fuqua’s comments that sparked Charles City Commonwealth’s Attorney Rob Tyler to focus on her knowledge on the vehicle.

“You said that your ex-boyfriend doesn’t smoke but you knew cigarettes were in the vehicle,” charged Tyler. “You said you were going out to get cigarettes from the car but how did you know that they were in there?”

“I walked by the car and that’s when I saw them,” Fuqua rebutted. “When I walked by the car that is when I noticed the damage and there were cigarettes in them.”

“Are you saying your brother set you up to get you out of the trailer?” Tyler retorted. “I kind of find it ironic that your brother timed it perfectly to have the car dropped off at the trailer when the deputy had just been there and three minutes later she returns and the car is there.”

Judge B. Elliott Bondurant rendered his finding, pointing to a specific comment made by Curtin during her opening testimony.

“Mr. Tyler’s follow-up question that I was going to originally ask was what door the defendant got out of when she exited the vehicle,” the judge commented. “Testimony by Ms. Curtin specifically says that she got out of the driver’s side door and that was a consistent statement I heard in her testimony.

“The defendant basically admitted she had been drinking and the deputy’s testimony of noticing bloodshot eyes, slurred speech and belligerent behavior after being arrested proves that she was intoxicated and had been driving,” Bondurant continued. “I find her guilty of DUI (third offense) and misdemeanor destruction of property.”

Formal sentencing is scheduled for Jan. 22, 2016. Fuqua will face a minimal of one year in jail.

In other circuit court proceedings:

–Jason Richard Hall, 30, of the 10000 block of Ironwood Road, Hopewell, received a formal sentence of six months in jail on one charge of driving under the influence (third offense). During an Aug. 28 trial Hall admitted guilt to the offense. On Apr. 17, a Charles City deputy noticed a vehicle parked in the middle of the intersection of Roxbury Road (Route 106) and Harrison Point Road. The deputy knocked on the window several times to awaken the driver and sensed alcohol coming from the vehicle. A subsequent breathalyzer test revealed an alcohol level of .12, which is above the .08 legal limit.

–Terrell Wesley Williams, 22, of the 4500 block of Barnetts Road, Charles City, entered guilty pleas to amended charges of petty larceny and misdemeanor destruction of property as part of a plea agreement. (Original charges were grand larceny and felony destruction of property). In a summary of evidence, on July 19, 2013, Williams stole a dump truck and destroyed property while driving it. Under the agreement, he received one year in jail on each charge with all time suspended under the condition to repay restitution for damages and to continue undergoing mental health programs.