Man receives year in jail for using brother’s information during New Kent traffic stop

A Topping man who used his brother’s name on a summons will spend a year in jail for uttering.

Charles Edward Bagby III, 37, of the 1600 block of Regent Road, entered guilty pleas to one count each of uttering, misdemeanor reckless driving by speed, and misdemeanor driving suspended as part of a plea agreement reached Monday morning in New Kent Circuit Court. Two counts of forgery of a public record, and one count each of uttering, misdemeanor providing false identification to a police officer, and misdemeanor reckless driving were dropped as part of the deal.

In a summary of evidence by New Kent Commonwealth’s Attorney Scott Renick, on Feb. 7, 2022, a New Kent deputy clocked a vehicle traveling 98 miles per hour in a 70 miles per hour zone. The officer executed a traffic stop, where the driver didn’t have a license. The driver gave the officer the information of his brother, along with his brother’s social security number and was released. When the brother received the information, he notified New Kent Sheriff’s Office that he wasn’t the driver of the car and provided Bagby’s information. The brother went to New Kent Sheriff’s Office and identified his brother via video footage from the stop. The defendant did not have the privilege to drive during the time of his traffic stop, and Bagby was arrested on the multiple offenses.

Under the agreement, Bagby received a five-year sentence with four years suspended (one year of active incarceration) on the uttering conviction. He received a 12-month sentence with all time suspended on both the misdemeanor reckless driving and misdemeanor driving suspend convictions. He must also pay a fine of $500.

In other circuit court matters:

–Preston Perry Brooks, 57, of Quinton, entered a guilty plea to an amended charge of misdemeanor construction fraud (originally felony construction fraud) as part of a plea agreement.

In a summary of evidence, on Oct. 3, 2022, New Kent County Sheriff’s Office was contacted by an individual who indicated that they paid Brooks $2,000 to paint his house on June 26, 2022. The victim said he gave the money to Brooks to buy the items to complete the job, but he never heard back from him despite numerous attempts to contact the defendant. A subsequent investigation took place, with Brooks being placed under arrest on the charge.

Under the agreement, Brooks received a six-month sentence with all time suspended. The defendant has paid back the amount of restitution owed to the victim.

–Lateef S. Horton, 25, of Suffolk, entered guilty pleas to one count each of felony eluding of police and credit card larceny as part of an agreement. Nine additional charges of credit card larceny and one charge each of misdemeanor fleeing police and misdemeanor reckless driving were dropped as part of the deal.

In a summary of evidence, on Dec. 17, 2021, a Virginia State Police Trooper was operating radar on Interstate 64 when a vehicle went by at 99 miles per hour in a posted 70 miles per hour zone. The officer was able to initiate a traffic stop and pulled the suspect over in the McDonald’s parking lot in Bottoms Bridge where he spoke with the driver, identified as Horton. As the officer went to get more information about the vehicle, Horton accelerated from the scene, making a U-turn in Henrico County before getting back on Interstate 64 East. The trooper trailed the suspect before an adjoining New Kent County deputy was able to pull the vehicle over at mile marker 219. The driver bailed on foot into the nearby wood-line but was arrested shortly afterwards. A search of the vehicle discovered credit cards that did not belong to Horton.

Under the agreement, Horton received a five-year sentence with three years, 10 months suspended (one year, two months to serve) on the felony eluding conviction. All 10 years on the credit card larceny charge were suspended.

–Kelly Michael Kaplan, 45, of the 4900 block of Old Brook Road, Richmond, entered straight guilty pleas to one count each of possession of a gun by a nonviolent felon and possession of ammunition by a convicted felon.

In a summary of evidence, on Apr. 6, a Virginia State Police noticed a four-door vehicle with expired stickers dating back to 2021. A traffic stop was executed and the driver, identified at Kaplan, advised the officer that he had a flare gun in his vehicle. The trooper ran Kaplan’s information, which uncovered that he was a convicted felon and not allowed to own a gun. When Kaplan was arrested, he told the trooper he also had a tub of ammunition in his vehicle. After the items were recovered, the defendant told the officer that he had the flare gun for protection and that the ammunition was used when he went out to fire guns for fun.

A presentence report is being prepared, with sentencing guidelines recommending a range of seven months to two years to serve. Kaplan’s sentencing is scheduled for Jan. 8, 2024.

–Daniel Paul Ward, 41, of the 100 block of Westphal Drive, Hampton, entered a guilty plea to an amended charge of possession of a Schedule I/II drug (originally possession with intent to distribute) as part of a plea agreement.

In a summary of evidence, Ward was the subject of a Feb. 4 investigation where he was discovered to have methamphetamine on him upon his arrest.

Under the plea agreement, Ward received a 10-year sentence with nine years, three months suspended (nine months to serve).