Drug charge dismissed, but Quinton man to serve two years for violating protective order

A Quinton man had a charge of possession of cocaine dismissed against him, but will still serve two years in jail stemming from violating a protective order.

Charles Frederick Kirby, 36, of the 3600 block of Poverty Hall Road, received the sentence after a Monday morning contested trial in New Kent Circuit Court.

On Mar. 2, Rebecca Tinsley called New Kent Sheriff’s Office to complain about Kirby being on her property. Tinsley received an emergency protective order the day before stemming from an incident that said Kirby was driving erratically in a shared driveway. Tinsley testified, claiming the defendant stopped in front of her home the next day.

“The vehicle stopped on the hill and the truck sat in front of my house,” Tinsley testified. “That’s when his girlfriend got out and started yelling at me and my family.”

Kirby’s girlfriend, Melissa Crewe, engaged in a yelling match with members of the Tinsley household. Kirby, who testified on his behalf, said he got out of the vehicle to support and protect his girlfriend after the confrontation escalated. While the argument continued, Tinsley had called police for assistance and telling officers that the defendant had threatened them with a gun.

As New Kent deputies arrived with emergency equipment activated. Kirby, Crewe, and his daughter returned to his truck and proceeded to his house, pursued by officers. Once arriving at his home, Kirby was ordered to the ground. Instead, the defendant put his hands above his hand before lifting his shirt revealing no weapons on him. A search of his vehicle did not result in the recovery of a gun, but instead there was drug paraphernalia, smoking devices, and other items on the passenger side seat. A lab analysis detected the residue in the smoking devices as cocaine. Both Kirby and Crewe were placed into custody after that.

Commonwealth’s Attorney Linwood Gregory argued that the cocaine and items were in the truck registered to Kirby and thus his property. But defense attorney Todd Duval rebutted, saying that his client admitted to having knowledge of the marijuana items in the vehicle, but not the smoking devices.

After hearing all testimony, Judge B. Elliott Bondurant agreed with Duval’s argument about the items belonging to the defendant.

“It’s a stretch for the Commonwealth to prove those items belong to him and there is no evidence he controlled the cocaine,” the judge said. “When the officer found those items, they were laying on the seat among gum, makeup, and other products.”

But as for the violation of the protective order, Bondurant said it was no doubt that Kirby did commit that offense.

“I understand the parties weren’t on the best terms, but the order was issued against Kirby,” Bondurant continued. “It’s like if he’s walking on the sidewalk and so is the person who asked for the order; he is suppose to go across the street to the other sidewalk.

“He knew he had a protective order and he could have kept going,” the judge added. “But this argument escalated and I find him guilty on that.”

Kirby received a 12-month sentence on the misdemeanor violation of the protective order, with no time suspended. He also received an additional year in jail for a probation violation stemming from the new conviction.

In other circuit court proceedings:

–Christopher Erhan Cutrell, 24, of the 8000 block of Brown Ave., West Point, received formal sentencing on a single charge of possession of heroin. Cuttrell was placed in the first offender status on Aug. 8, 2016, but recently violated those terms after a conviction in New Kent General District Court. While that conviction is under appeal, Cutrell did admit to drinking alcohol, which is also a violation of his first offender status.

Cutrell received a five-year jail sentence with all but three months suspended.

–Donna Maria Gainey, 50, of the 9600 block of Dry Creek Road, Chesterfield, entered a guilty plea to a lone charge of petty larceny (second or subsequent offense) as part of a plea agreement.

In a summary of evidence, on Apr. 13 Gainey entered the Dollar General store in Quinton and placed items in her purse. When an employee noticed her actions, the sheriff’s office was notified. As Gainey exited the store, she was approached by officers and questioned. Gainey walked back into the store and removed approximately $30 of items from her purse. After her arrest, a further investigation revealed she had two prior charges to similar crimes in Chesterfield.

Under the agreement, a presentence report is being prepared, with the understanding that she will be sentenced according to recommended guidelines. That time ranges from one year, one month to two years, four months. Formal sentencing is scheduled for Oct. 23.

–Benjamin Michael Shore, 27, currently of Henrico Jail East, accepted a plea deal to a single count of possession of a Schedule III substance while being a prisoner in jail.

In a summary of evidence, on Mar. 6 a deputy sheriff at Henrico Jail East witnessed Shore slip a piece of paper underneath his cell door to an inmate trustee. After acquiring the paper, it was unwrapped revealing a pill and paper known to carry suboxone. A strip search was immediately conducted on Shore with more suboxone strips located on the waistband of his pants.

Under the plea agreement, Shore received a 10-year jail sentence with nine years, five months suspended (seven months to serve).