New Kent Charles City Chronicle

News for New Kent County and Charles City County, Virginia | November 19, 2017

Man sentenced to serve three months for assault

By Andre Jones | November 13, 2017 5:44 pm

A Quinton man will serve three months in jail after receiving his formal sentence as part of Nov. 13 proceedings in New Kent Circuit Court.

Richard Ivan Texler Jr., 58, learned his fate on a reduced charge of misdemeanor assault and battery on a family member that stemmed from a Dec. 9, 2016 incident.

During a Sept. 25 contested trial, evidence revolved around Texler finding electronic cigarettes that belonged to the victim in his home. A confrontation ensued, with the defendant and victim getting into a physical altercation. Texler testified on his behalf at his trial, admitting that he wrestled the victim to the ground to subdue them after they punched and kicked him.

During the earlier trail, Texler was charged with malicious wounding and strangulation. The strangulation charge was struck due to insufficient evidence. Judge B. Elliott Bondurant reduced the malicious wounding charge to assault and battery, pointing to testimony from medical experts that indicate that some of the injuries suffered by the victim could have been suffered after they were kicked out of the house and traveled through a wooded area before finally being helped upon arriving at Jab’s Grille in Providence Forge.

Texler was sentenced to 12 months in jail, with nine months suspended.

In other circuit court proceedings:

–Kristen Paige Baumgardner, 21, of the 5700 block of Emmaus Church Road, New Kent, entered a guilty plea to one count of grand larceny.

In a summary of evidence, Baumgardner worked as a babysitter and house sitter for Garrett and Ellen Ross for approximately 18 months. Ellen Ross testified, saying that she noticed money missing from her pockets and a safe in the home. When a significant cash amount was discovered gone, Ross suspected that Baumgardner may have been entering the safe while she was taking care of the victims’ kids. Ross orchestrated a trap with a note and piece of tissue paper aligned in a specific manner that was later found disturbed. When confronted, Baumgardner told the victims she took the money to assist with hospital bills.

Under the agreement, formal sentencing is scheduled for Jan. 22, 2018, with sentencing guidelines recommending a range from one day to six months to serve. She must also pay restitution in an amount that is yet to be determined.

–Brian Matthew Harlow, 20, of New Kent, received formal sentencing on two reduced counts of misdemeanor trespassing (originally breaking and entering), and one count each on a reduced charge of misdemeanor possession of drug paraphernalia (originally possession of cocaine), and misdemeanor interfering with a property owner’s rights (originally grand larceny). Two misdemeanor charges of tampering with a vehicle and one misdemeanor charge of petty larceny were dropped.

During a Nov. 21, 2016 trial, Harlow entered into a plea agreement, stating the charges would be reduced if he successfully completed rehabilitation programs as designated as part of the deal. The defendant successfully completed those programs and received the aforementioned modifications to his charges.

Harlow received 12 months to serve with all time suspended on each of the four charges. He also must pay $500 as part of restitution.

–Katelynn Marie Proffitt, 22, of the 14000 block of The Glebe Lane, Charles City, entered a guilty plea to one count of embezzlement.

In a summary of evidence, between Jan. 6 and Feb. 25, Proffit worked as a cashier at Food Lion in Bottoms Bridge. An investigation ensued after money started to become missing. Cameras recorded Proffitt as she orchestrated a tactic where she cashed in coupon returns and kept the return balance for herself. Those transactions occurred when the defendant was not assisting a customer and was caught on camera. Proffitt admitted that she had taken the money.

Formal sentencing is scheduled for May 21, 2018. Proffitt must pay $935.50 in restitution and also perform 50 hours of community service prior to her sentencing date.