Possession of firearm, drugs lead Waterview man to enter Alford pleas in New Kent

A man from Waterview entered Alford pleas of guilt as part of an Aug. 14 plea deal in New Kent Circuit Court.

Zachary Widmark, 21, of 85 Parrots Creek Lane, entered Alford pleas to one count each of felony child abuse, possession of a firearm while in possession of a schedule I/II controlled substance, and possession of a schedule I/II controlled substance (LSD). One charge each of sell/distribution of marijuana, misdemeanor eluding police, and misdemeanor carrying of a concealed weapon were dropped as part of the plea agreement. The Alford pleas indicate that while Widmark maintains his innocence, evidence presented by the Commonwealth would be enough to convict him of the offenses.

In a summary of evidence, Lt. J. Joseph McLaughlin III testified that on Oct. 10, 2016, he was operating radar from his patrol car in the Five Lakes subdivision when a vehicle passed him going 47 miles per hour in a posted 25 miles per hour zone. McLaughlin noticed the driver try to cover his face and turned his vehicle around to pursue the vehicle. According to the officer, he located the vehicle traveling westbound on Route 60 (Pocahontas Trail) and a brief chase took place. The defendant’s vehicle came to a stop on Brook Boulevard and McLaughlin was able to approach the defendant in the driver’s seat, who was identified as Widmark.

McLaughlin noticed a baby in the vehicle who was not secured properly, along with a passenger. After placing Widmark into custody, the officer searched the vehicle and encountered a cooler. The contents of the cooler revealed a glass mason jar with plant materials, a plastic bag with plant material, a scale, blotter paper that contained tear-away squares that were known to hold LSD, and a water bong. In the front zipper of the cooler, McLaughlin discovered a Raven .25 caliber handgun. Ammunition for the firearm was discovered in the center console near the radio. Other items found included small plastic bags consisting of marijuana and a pill bottle that contained some pills.

Under the plea deal, a presentence report is being prepared with formal sentencing scheduled for Oct. 16. Sentencing guidelines recommend a term from one year, one month to two years, seven months.

In an unrelated case, a Quinton man will spend a year in jail on a single count of possession of heroin.

Carlton Thomas Banks, 34, of the 6700 of Poplar Woods Court, received his formal sentencing after entering a guilty plea during June 13 proceedings.
While a presentence report recommended no time for the defendant, Commonwealth’s Attorney Linwood Gregory argued, saying that the defendant should spend time behind bars due to his drug addiction and multiple positive screenings for marijuana prior to formal sentencing date. Banks rebutted, saying he had not used the drug since June 10 and the screenings were a result from it still being in a system.

But Judge B. Elliott Bondurant questioned the defendant’s truthfulness in his sworn testimony.

“You’re telling me that you haven’t used marijuana since June 10?” questioned the judge. “But here we have reports of you using on two dates in June, two dates in July, and most recently, Aug. 1.

“From my knowledge, I know that marijuana can stay in your system for up to 30 days,” Bondurant continued, a statement that was confirmed by probation officer Melanie Sweeney.

Bondurant ordered a drug test on Banks, with the defendant once again testing positive for marijuana. After receiving the information, the judge made a statement to the defendant.

“You have danced around my question on when the last time you have used marijuana and honestly I don’t believe you,” Bondurant concluded.

Bondurant sentenced Banks to a five-year jail term with four years suspended (one year to serve).

In other circuit court matters:

–Kyle Robert Crews, 21, of the 1200 block of Quaker Road, Quinton, received formal sentencing on one charge of felony failure to appear and felony pretrial violation. Crews was convicted during a June 13 trial after pleading not guilty, with evidence being presented during that trial that indicated Crews did not show up for scheduled pretrial appointments.

Crews was sentenced to three years in jail with all but seven months suspended on the felony pretrial violation conviction. All three years on the felony failure to appear were suspended.