Assault on Henrico Jail East guard results in eight additional months of incarceration

A man who assaulted a guard while incarcerated at Henrico Jail East will spend an additional eight months in jail.

Andre Quincy Davis, 21, entered guilty pleas to one count each of assault and battery on a law enforcement officer and misdemeanor obstruction of justice as part of a plea deal during Monday morning proceedings in New Kent Circuit Court.

In a summary of evidence, on May 21, deputies were moving Davis back to his cell and were attempting to place handcuffs on them. Davis began refusing commands and resisting, becoming combative in the process. The defendant struck a law enforcement officer during his struggle and continued resisting before he was subdued with mace.

Under the agreement, Davis received a five-year sentence with four years, four months suspended on the assault and battery on a law enforcement conviction (eight months to serve). All 12 months on the obstruction of justice conviction were suspended.

In an unrelated case, a Chesterfield man will spend no time in jail after being convicted for possessing heroin.

Marshall Smith Jr., 60, of the 9400 block of Willow Grove Court, entered guilty pleas to one count of possession of a Schedule I/II drug (heroin) and misdemeanor driving under the influence of drugs as part of a plea agreement.

In a summary of evidence, around 6:40 p.m. on March 16, a New Kent deputy responded to mile marker 211 on Interstate 64 eastbound after a call was made about a vehicle was driving erratically. When the deputy located the vehicle, they observed it driving slowly and swerving back and forth. The vehicle eventually spun out onto the shoulder of the road. Smith, now identified as the driver, was questioned about the driving, consenting to a sobriety test which he passed. The defendant also gave the officer consent to search the vehicle, resulting in the discovery of residue later determined to be traces of heroin. The suspect was arrested and when he was taken to jail, a blood test revealed that Fentanyl was in his system.

Under the agreement, Smith received a five-year sentence with all time suspended on the possession charge, and all 12 months on the driving under the influence of drugs were suspended. However, he must pay a $250 for his actions.

In one final case, one charge of grand larceny lodged at Michael Joseph Goleski, 58, was dismissed after both parties came to terms outside of the hearings of court proceedings.