Forensic evidence, defendant’s comments lead to conviction in NK burglary case

DNA and fingerprint evidence along with the defendant’s own words helped a New Kent Circuit Court jury convict a man accused last year of breaking into county businesses.

A jury of seven women and five men took only 30 minutes following a 6½-hour trial last Thursday to convict Peter James Guerrero, 36, on two counts of burglary and one count of grand larceny. Jurors, however, returned not guilty verdicts on two other felony charges.

In the sentencing phase of the trial, jurors recommended that the defendant serve a total of 6½ years in prison.

The guilty verdicts for burglary related to Jan. 19, 2012 break-ins at New Kent Gymnastics Center and a vacant business unit, both located in New Kent Commerce Park on Route 106. A money box containing $40 in cash and just over $350 in checks was reported stolen from New Kent Gymnastics Center, hence the grand larceny conviction.

The jury acquitted Guerrero on one count each of burglary and grand larceny in connection with a break-in that same day at Interior Specialty Construction (ISC), located across Route 106 from the commerce center.

Deputies responded shortly before 2 a.m. after an alarm triggered in an adjacent building. Upon arrival, Deputy Craig Stevens found doors had been pried open. Acting on a hunch, Deputy Christopher Burnett traveled across the street to ISC and observed a break-in at that facility as well.

Detective Joey McLaughlin testified that he arrived at the commerce park around 3:30 a.m. There, the detective spotted a liquid, later determined to be saliva, frozen on an icy step outside of Suite 102, the vacant unit. Using a road flare, the detective heated the step and used a swab to obtain the evidence. McLaughlin also called New Kent Gymnastics owner Carissa Baldwin, who arrived shortly afterward and discovered the cash box to be missing.

The detective presented 31 crime scene photos to jurors. The photos depicted doors that had been forced open, vehicles that had been vandalized, and other items that appeared to have been moved or were out of place.

The day after the crime, Baldwin had received a call from Charles Ray Hardinge of Chesterfield. Hardinge said he found a bank bag lying alongside a road in that county and inspected the contents inside. After seeing checks made out to New Kent Gymnastics, he used the Internet to locate the phone number of the business and called Baldwin.

Baldwin notified McLaughlin concerning the find. The detective met with Hardinge and the two travelled to the location where the bag was found. After a brief search, McLaughlin discovered both the cash box and the box’s interior drawer lying near the road.

Analyzing the saliva along with latent fingerprints from both the cash box and the desk the box was taken from, forensic experts determined that DNA and the fingerprints matched Guerrero.

Commonwealth’s attorney Linwood Gregory questioned experts about the probability of a match in both instances.

“I didn’t find any matches at first but over time, the fingerprint database came back with results [that matched Guerrero],” said fingerprint expert Amanda Lane.

“DNA is usually accurate,” commented DNA expert Robert Scanlon who examined the saliva. “There is a one in 6.5 billion chance that this is a random match.”

Late last year, extradition proceedings took place after Guerrero was arrested in Illinois. McLaughlin testified about the 13½-hour drive back to New Kent from Illinois. The detective told the court the defendant talked openly about crimes he had committed. Defense attorney Todd Duval objected to McLaughlin’s testimony.

Hoover ordered the jury removed so that both sides could argue Duval’s objection. McLaughlin recounted more of the conversation, prompting the defendant to blurt out, “That’s a lie.” Duval quickly calmed down his client.

Aspects of the conversation that constituted self-incrimination on the part of the defendant were struck from the record before jurors returned.

With jurors back in the courtroom, McLaughlin said Guerrero asked the detective to show him the location of the crime scene. The detective obliged, driving him past the Talleysville Pilot and into the commerce center parking lot where the defendant said the area “looked familiar.”

On Dec. 12 and while being held in Henrico Jail East, Guerrero requested a meeting with McLaughlin. The detective testified that Guerrero said he was in the area on Jan. 19 to meet a man named Terry at the Pilot station. Gregory pointed out that Guerrero’s own words placed the defendant in the area the night of the crime.

The detective’s testimony directly contradicted Guerrero who testified on his own behalf, proclaiming he wasn’t even in the state that night.

“I was in Romeoville, Illinois [on Jan. 19],” said the defendant. “I left [Virginia] in my girlfriend’s car on Jan. 17 and then I flew to Houston, Texas on Jan. 21.”

Assistant commonwealth’s attorney Randy Del Rossi challenged Guererro’s story.

“You drove your girlfriend’s car that was reported stolen,” said Del Rossi, holding up police reports. “She reported it stolen on Jan. 18.”

But an agitated Guerrero remained adamant on his stance.

“I don’t know nothing about the state of Virginia!” he exclaimed.

During closing arguments, both sides reiterated their points of view.

“Look at all the evidence with common sense,” Gregory urged jurors. “The day [of the crime] started with certain facts and I have presented evidence to show that.”

“I don’t think Mr. Guerrero has been tied to any of these crime scenes by any of the evidence,” Duval argued. “The only thing that these crimes have in common is time and proximity.”

Prior to sentencing, Guerrero once again denied being in Virginia on the date of the crimes.

“I already served five months and will hold to the statement that I was not in their state on Jan. 19,” he claimed.

Jurors recommended two years in prison on each of the burglary charges and 2½ years on the grand larceny count for a total of 6½ years.

Afterward, Gregory said Guerrero had turned down an earlier plea deal from the commonwealth in which he would have received four years total on all five charges.

Guerrero has been remanded to jail to await formal sentencing scheduled for July 15. He has been held in jail since November following his arrest in Illinois.