Lanexa man found innocent of construction fraud, guilty on working without proper license

A Lanexa man had a felony charge of construction fraud dismissed but will serve three months in jail after being found guilty on a single misdemeanor count of working without a construction license.

Kenneth Ray Philbates, 44, of the 9500 block of Richmond Road, entered into a contested trial Monday morning in New Kent Circuit Court on the offenses.

During testimony, Betty Bullock said she had contacted a company about completing work on her garage last fall. According to her testimony, after the owner said he was unable to do it, Philbates, who is an employee of the company, told her that he could complete the work. The two parties signed a contract, with Bullock paying the defendant $1,800 as an upfront payment as part of the $2,600 project.

“He started the work and ordered the boards and tar paper and pulled the old siding down,” testified Bullock. “But it was a week later and soon it was hard to get him to come out.

“He eventually told me he needed more money to pay his assistants,” she added. “I gave him another $250 and after that, I tried to get in touch with him. It was a long time before he returned.”

Bullock said that Philbates attempted to bring siding on the premises. But with it being the wrong color, Bullock turned him away and said that she didn’t want him to finish the work and wanted a refund.

Additional testimony created a timeline of events that included a visit from a New Kent officer to deliver a certified letter to Philbates. Officer Skylar Sibley said that an interaction with the defendant resulted in Philbates saying that he had “completed” what he was paid to do.

Defense attorney Richard Collins made a motion to strike, saying that no intention to defraud Bullock of money was intended.

“He did part of the work,” Collins argued. “This isn’t a case about fraud. This is more of a breach of contract case.”

Commonwealth’s Attorney Linwood Gregory pointed out that the written contract did not have Philbates’ address and license number as required by state law.

“It was clear he had no intention to complete this job,” Gregory argued.

However, Judge B. Elliott Bondurant agreed with Collins, pointing out a specific element that defined what construction fraud is under state code.

“Item number two says that at the time the defendant received money, he must have no intention to do the work,” the judge said. “However, he started some of the work and he just never completed it.

“I don’t see this as a criminal case. I see this more as a civil case and I’m going to grant the motion to strike on this charge,” Bondurant concluded.

However, Bondurant did find enough evidence to convict Philbates on the misdemeanor charge, sentencing him to 12 months in jail with nine months suspended (three months to serve).

In other circuit court proceedings:

–Adam Lawrence Alspaugh, 29, accepted a plea deal to one count each of firearm larceny and possession of a firearm by a nonviolent felon. Two charges of intent to sell stolen property and a lone count of grand larceny was dropped as part of the agreement. In a summary of evidence, Alspaugh admitted to taking the shotgun belonging to Kevin Rose on Oct. 30, 2016.

Under the agreement, Alspaugh received a five-year sentence on the possession of a firearm charge with three years suspended. The two-year sentence is mandatory time that must be served under state law. Ten years on the firearm larceny conviction were all suspended, but he must pay $175 in restitution.

–Virginia Mary Carter, 42, of the 2400 block of Oak Lane, West Point, received formal sentencing on one count each of felony failure to stop at the scene of an accident and misdemeanor DUI (first offense) stemming from an Aug. 1, 2016 incident. Carter was found guilty during a March 13 contested trial. She struck a vehicle on Interstate 64 eastbound before proceeding down the right shoulder of the road and bringing her vehicle to a halt. A state trooper was able to locate Carter’s vehicle and she was arrested. A later discovery indicated that she was intoxicated at the time of her vehicle’s operation.

Carter received a five-year sentence with four years suspended (one year to serve) on the felony charge. A 12-month sentence was handed on the DUI charge with all but one month suspended. A fine of $500 was also imposed, with $250 of that amount suspended.

–Steven Ernest Danchak Jr., 53, of the 100 block of W. Semple Road, Williamsburg, was found guilty on a single charge of extortion. Evidence presented in a contested trial weighed in the favor of the prosecution as a letter that Danchak wrote to a woman on Nov. 12, 2016 revealed that he would do harm to the victim. Formal sentencing is scheduled for July 17.

–Nicholas Paul Garrett, 21, of Sandston, received formal sentencing on one count of firearm larceny. On Mar. 13, Garrett admitted stealing a firearm from Virginia State Trooper Sgt. R. Gammon while the trooper was on vacation.

Garrett received a 10-year sentence with all time suspended but was ordered into a drug rehabilitation program. He will serve an active 30-day jail sentence for violating terms of pretrial supervision and must pay restitution in the amount of $631.20.