Judge denies withdrawal of plea, sentences man to four years in prison

Prior to formal sentencing on Aug. 12 in Charles City Circuit Court, Curtis William Cole Jr., 43, voiced his concern on a charge of assault and battery of a family member (third offense) to Judge B. Elliott Bondurant, saying that it should be just an assault and battery charge.

However, Bondurant rejected an attempt by the defendant to withdraw his plea after accepting plea deal and sentenced Cole to three years on the aforementioned charge plus a total of 16 months on eight misdemeanor charges of violating a protective order.

Cole entered the courtroom Friday morning and began to make a case for the amending of his felony charge.

“I never lived in the home with her,” he said, indicating his address was listed in Richmond on several social services documents as well as warrants for his arrest from Henrico County. “I don’t know how this charge could be assault and battery on a family member when I didn’t even live in her home.”

Bondurant interrupted Cole’s protest, questioning the defendant’s actions during a trial in April.

“You pled guilty to these charges didn’t you?” the judge asked, holding up a signed plea agreement and a guilty colloquy form Cole signed in April.

The defendant continued, saying that he didn’t understand the questions on the form and added that he was promised a specific time in incarceration. But Bondurant once again questioned the defendant on the documents.

“Didn’t I go over this with you during the trial?” Bondurant continued. “Didn’t I ask you if you reviewed these documents in full and if you had questions for the court?

“Also, is there anything in this document where it gives you a specific length of time to serve?” the judge continued. “Since you entered into this agreement, it is up to the court’s discretion if I allow you to withdraw from it.”

Cole remained silent as Bondurant denied the defendant’s request to withdraw his plea from the earlier agreement.

As sentencing proceeded, Commonwealth’s Attorney Rob Tyler commented on the case and the criminal history of the defendant.

“Mr. Cole has 12 pages of criminal history and it’s typed in all small print,” Tyler said. “He has 35 misdemeanors, has been locked up 17 times, has seven assaults and 15 arsons. He also recently got convicted in Henrico and will serve three years from their court and changed his guidelines over here.

“This document should tell you a lot about Mr. Cole,” the Commonwealth’s Attorney continued. “He’s a manipulator. He manipulated the victim into calling him when he knew he had a protective order and he’s trying to manipulate the court today.

“I would exceed the guidelines and lay this guy out,” Tyler concluded.

Tyler also added for clarification that the defendant didn’t have to physically live at the residence of the victim, as both were in a relationship with each other at the time of the offense.

Cole had one last opportunity to speak to the court.

“I know I have a problem and I ask for leniency,” the defendant said. “I ask that you don’t lock me up for a long period of time and allow me to stay at a local facility to complete programs. I know I have a mental illness and sending me to the Department of Corrections won’t help me.”

Bondurant disagreed, sentencing Cole to five years in prison with two suspended (three to serve) on the felony charge. On each of the eight misdemeanor charges, Cole received 12 month sentences on each with 10 months suspended on each charge (two months to serve on each charge for a total of 16 months).

In an unrelated case, a Charles City man will spend more than two years in prison after accepting a plea deal. Charles Wayne Adkins, 49, of the 3100 block of Barnetts Road, accepted a plea to an amended charge of possession of a firearm by a nonviolent felon (originally possession of a firearm by a violent felon).

In a summary of evidence, Adkins and a neighbor got into an argument last Mar. 13. When a deputy responded to the scene, the neighbor indicated he heard the sound of a defendant loading a gun. The deputy asked to search Adkins residence and came across a package wrapped up. Adkins told the officer it was a fishing pole but the deputy’s suspicions kicked in and unwrapped the package, revealing a shotgun. Adkins was arrested for possessing the weapon after being convicted of a felony.

Under the agreement, Adkins was sentenced to five years in prison with two years, seven months suspended (two years, five months to serve.) Of the time imposed, two years of incarceration are mandatory under state law.