Alexandria man receives two-year jail term for driving suspended in New Kent

An Alexandria man will spend the next two years in jail after he was arrested while driving on Interstate 64 in New Kent.

Marvin M. Diaz-Mendez, 35, of the 4000 block of Arcadia Road, accepted a plea agreement during Monday morning proceedings in New Kent Circuit Court, entering guilty pleas to one count each of felony driving suspended or revoked (endangerment related), and an amended charge of DUI (second offense- originally DUI third offense).

In a summary of evidence provided by Commonwealth’s Attorney Linwood Gregory, on Apr. 5, Trooper Jonathan Miles was patrolling westbound traffic on Interstate 64 near mile marker 214 when around 12:30 a.m. he noticed a car leaving a rest area and pulling into the left lane. The vehicle, travelling in the left lane at 58 miles per hour, was nearly rear-ended by another vehicle, leading the trooper to pull behind the vehicle. After noticing the registration had expired, Miles conducted a traffic stop. Diaz-Mendez was identified as the driver by his social security number and informed Miles his license was suspended due to previous DUI charges. The trooper also noted the scent of alcohol and the defendant was subsequently arrested on the two charges.

Under the plea deal, Diaz-Mendez received a five-year sentence on the felony driving revoked with three years suspended (two years to serve with one of those years being mandatory under state statute). All but 10 days were suspended on a 12-month sentence imposed on the DUI second offense conviction, with the active time also being mandated time.

In an unrelated case, a Virginia Beach woman will serve six months in jail after leading a state trooper on a chase last November.

Jennifer Nicole Moncus, 23, of the 1300 block of Diamond Spring, entered into a plea deal by entering guilty pleas to one count each of felony eluding police, felony destruction of property, misdemeanor destruction of property, reckless driving, failing to obey a traffic signal, and two counts of failing to obey a highway sign. One charge of having no driver’s license was dropped.

In a summary of evidence, on Nov. 12, 2016, Trooper Joseph Naylor noticed a car parked in the truck area of the Interstate 64 eastbound rest area. As the trooper tried to assist the driver, later identified as Moncus, he provided her his personal phone to make arrangements for someone to assist her in finding a shelter in which to stay. As Naylor returned to his car to issue a ticket, the defendant threw the phone from her vehicle and drove away.

A chase began with the defendant exiting at the Providence Forge ramp (Exit 214) and boomeranging onto Interstate 64 westbound. Moncus would take Exit 211 (Talleysville) and turn left onto Route 106 south. The defendant ran a red light at the intersection of Route 106 and Route 60, making a left turn to travel eastbound on Pocahontas Trail. Another trooper joined Naylor in the pursuit, executing a rolling roadblock. Moncus attempted to pass the troopers, hitting one of the vehicles but was ultimately brought to a stop. It was later determined through a mental evaluation that the defendant was suffering from setbacks and in need of medication.

Under the agreement, Moncus received a five-year sentence with four years, six months suspended on the felony eluding charge (six months to serve). All five years on the felony destruction of property and 12 months on the misdemeanor destruction of property were suspended. She has to pay a total of $400 in fines for the traffic infractions and also pay restitution in the amount of $2,582.12 for damage to the police vehicles and the trooper’s telephone.

In other circuit court proceedings:

–Marquis Anthony Harding, 26, of the 100 block of Harris Creek Road, Hampton, received formal sentencing on one charge each of felony leaving the scene of an accident and DUI (first offense). On May 15, 2016, Harding struck a car on Interstate 64 as he operated a vehicle while intoxicated. Harding entered guilty pleas to the offenses at an earlier trial.

Harding received a five-year sentence with all but two days suspended on the felony leaving the scene of an accident conviction. All 12 months on the DUI first offense were suspended, but he will have to pay a $500 fine ($250 suspended).

–Chaka Charmaine Otey, 36, of the 8000 block of Airport Road, Quinton, entered straight guilty pleas to one count each of obtaining money by false pretenses and forgery.

In a summary of evidence, the defendant opened a checking account at C&F Bank in Quinton on Dec. 7, 2016. A few days later, it was discovered that the check used to open the account was forged. Meanwhile, Otey was withdrawing funds that were credited to her account from the deposit. When asked to repay the money, the defendant told bank representatives that she would but never did.

No formal finding was rendered as Otey is making attempts to pay $1,716.76 in restitution. Sentencing is scheduled for Sept. 18.