Hospitalization excuse carries no weight in court

A Lanexa man with a history of drunk driving will now serve a number of years in prison after being sentenced Monday in New Kent Circuit Court.

Stephen Michael Hoskins, 37, of 48 Ed Allen’s Campground, will serve four and a half years in prison after being sentenced on one count each of DUI (4th offense), driving on a suspended license (2nd offense), and failure to appear in court.

Hoskins pleaded guilty last October to DUI and driving on a suspended license, but had his case continued to November for sentencing because of health issues. After another medical setback, sentencing was scheduled for Dec. 17. But Hoskins was a no-show, and it was reported that he had checked into a hospital the night before in order to avoid appearing in court.

During sentencing, assistant commonwealth’s attorney Randy Del Rossi questioned Hoskins about his hospital stay.

“What type of procedure did you have?” questioned Del Rossi.

“I had a stent placed in my heart,” replied Hoskins.

“And when did this occur?” Del Rossi asked.

“Dec. 17,” responded Hoskins.

“And you checked out the same day?”

“Yes. I had the surgery at 7 a.m. and checked out 11:30 a.m.”

Del Rossi continued to grill the defendant with questions about paperwork from his inpatient hospitalization before making a statement that shook Hoskins’ confidence and credibility in his story.

“I had the same surgery a few years back and they kept me for three days, and this man said they kept him for three hours and he was free to go,” Del Rossi concluded.

Judge Thomas B. Hoover read a letter from Hoskins’ probation officer, Jennifer Kittrell, critical of the defendant’s conduct over the period of supervision.

“Mr. Hoskins has been convicted on his third, fourth, and fifth felonies,” Hoover read. “He has been difficult to supervise due to his illness, drug abuse, and not complying with his obligation. It is my recommendation that he should be sentenced above the recommended guidelines set by the state.”

Hoover agreed, saying the two years, 10 months in the guidelines were too few for a defendant with an extensive criminal background.

“It’s lucky that you didn’t kill anybody that night,” said Hoover. “Your aggravated background gives me a reason to sentence you above the guidelines.

“You’re a menace to other drivers on the road,” the judge concluded.

Hoskins received five years in prison on the DUI charge, with two years suspended. For driving on a suspended license, he received a five-year prison sentence with one year active, and on failure to appear, he received five years with all but six months suspended. His driver’s license has also been indefinitely suspended.

In an unrelated case, a Richmond man accepted a plea agreement for his involvement in grand theft auto.

Jacques Ishmael Botts, 19, of 6014 Newington Drive, entered guilty pleas to one count each of grand larceny, felony hit and run, misdemeanor purchase of alcohol, and misdemeanor driving without a license.

In a summary of evidence, Botts stole a 1995 Honda Accord belonging to Earnest Kopacki and drove eastbound on Interstate 64 on Nov. 6. When Botts realized he had missed his exit, he attempted to use the emergency median strip and make a U-turn. Botts lost control of the vehicle and crashed into a ditch. When a state trooper responded, a passerby said the vehicle was abandoned. The officer recalled noticing an individual running up the Bottoms Bridge exit ramp and later located Botts in the woods. Botts failed a field sobriety test and was later placed under arrest.

Under the agreement, commonwealth’s attorney Linwood Gregory will not ask for more than the midpoint of the guidelines, which are listed at one year, 10 months. However, Hoover informed the defendant he does not have to abide by the recommendation.

Botts must pay $1,950 for damaging the vehicle and for items inside of the vehicle that were not recovered.

In another case on Monday, Ciera Elaine Irving, 22, of 203 Fairview Avenue, Hopewell, accepted a plea deal on an amended charge of misdemeanor DUI [2nd offense in five years with an elevated blood alcohol content], and misdemeanor driving with a suspended license after previously being convicted of DUI.

Irving wrecked her truck near the Bottom’s Bridge area of New Kent. When a state trooper arrived at the scene, he detected the odor of alcohol and gave Irving a field sobriety test. Irving failed the test and later admitted to consuming eight beers.

Under the plea deal, she will serve a one-year sentence in jail on the misdemeanor DUI charge and pay a $1,000 fine. One year for driving on a suspended license was suspended.