Providence Forge man defending himself has charge dismissed in New Kent Circuit Court
A charge lodged against a Providence Forge man who was protecting himself during an altercation has been dismissed after a motion to strike was granted.
Stacy Rodell Moody Jr., 26, of the 8100 block of Ruthville Road, saw a single count of felonious assault tossed by Judge B. Elliott Bondurant during Monday afternoon proceedings in New Kent Circuit Court.
During the contested trial, on Sept. 27, 2018, Moody was given a ride by his cousin to his job in Williamsburg. When inclement weather forced his job to shutdown for the day, Moody caught a ride with a co-worker back to a residence in New Kent he was staying at. When Moody’s cousin went to pick him up and two hours had passed, they went looking for him and found him.
“I waited for hours before seeing him,” said the cousin. “I was upset, and I came to where I knew he was saying.”
Moody and his cousin began talking casually that night before an inquiry about gas money arose. The cousin claimed that after the ask for gas money, Moody was nonchalant. However, when a comment was made that the cousin was no longer offering rides, the argument escalated into a tussle before a blow-for-blow altercation ensued. Sometime during the altercation, Moody’s cousin received a cut to the forehead, resulting in severe bleeding that led to both a hospital visit and six stitches.
During a cross-examination by defense attorney Todd Duval, he questioned the victim about the conversation leading up to the encounter. According to the testimony, the victim told a friend that tagged along that a confrontation was going to take place. The victim’s friend said that they saw the fight and intervened when the victim’s body became limp.
But the defense attorney pulled out a transcript from testimony given in lower court, pointing out to the different versions being testified in circuit court.
“There are two significant lies that are being told by the defendant and they are either lying today or they lied in lower court,” Duval said. “You are hearing about two different reasons they went over to where Moody was and even by the testimony heard here, the victim approached the defendant.
“It’s self-defense,” Duval added. “He was the one being attached.”
Despite assistant Commonwealth’s Attorney Randy Del Rossi saying that the victim ended up in the hospital, Bondurant pointed to the testimony heard.
“Doesn’t the defendant have the right to defend himself?” Bondurant questioned Del Rossi. “There is no evidence that there was an instrument used in this altercation. The testimony presented today says that the victim started the confrontation.
“This was an act of self-defense and this matter is dismissed.”
In other circuit court proceedings:
–Curtis Wayne Luck, 62, of the 8400 block of Old Roxbury Road, entered a guilty plea to one count of possession of a firearm by a nonviolent convicted felon as part of plea deal.
In a summary of evidence, on Nov. 15, 2018, a New Kent deputy responded to Luck’s call for service to have his ex-wife and a friend of her removed from his house. During her removal, she told the officer that Luck was a convicted felon and had a firearm in the house. After the ex-wife was removed, the officer questioned Luck about the weapon and he showed it to him and said that he had a conviction in 1981, hence him not having the ability to own a weapon.
Under the agreement, Luck received a two-year jail sentence with all time suspended.
–Garrett Christian Rigsby, 19, of the 5600 block of Buckhunt Lane, New Kent will serve a year in the first offender program after being approved. During an October 2018 trial, Rigsby pleaded guilty to possession of a controlled substance (mushrooms) and admitted he had the substance after overdosing.
–Johnny Lynn Sprouse, 61, of the 200 block of Farmers Dell Lane, Deltavilel, enter guilty pleas to one count of DUI between .15-.20 after being convicted of a previous related felony, and an amended charge of misdemeanor driving as a habitual offender (previous felony driving as a habitual offender) as part of a plea agreement. One charge of driving revoked (felony revoked) was dropped.
In a summary of evidence, on Sept. 15, 2018, a New Kent deputy responded to a call at the Washington Burgess hotel where two people had gotten into an argument. When the deputy arrived, he spoke to a woman who said that Sprouse had taken a white van to drive it and had been drinking before he left. As the conversation continued, the vehicle returned and Sprouse stepped out of it. After speaking with the officer and admitting he drank six beers and drove off to see his girlfriend, the deputy arrested Sprouse. A background check on the defendant revealed he had previous offenses that stemmed back to 2006.
Under the plea agreement, Sprouse received a five-year sentence with four years suspended (one year to serve) and pay a $1,000 fine on the DUI conviction. He will serve all 12 months on the misdemeanor driving as a habitual offender conviction.