Knowledge works against defendant in New Kent court

Sometimes being too smart for your own good can backfire. In the case of 25-year old Justin Webster Mills, he probably wished he wasn’t ahead of the curve.

Mills, of 5460 S. Garden Road, Providence Forge, received a 10-year active prison sentence on multiple felony counts during New Kent Circuit Court Monday afternoon.

Mills’ charges stem from accepting a plea agreement in February where he pleaded guilty to five counts of burglary, four counts of grand larceny, possession of heroin, and misdemeanor contributing to the delinquency of the minor.

While commonwealth’s attorney Linwood Gregory agreed to recommend no more than five years active time, Judge Thomas B. Hoover imposed the longer sentence after reviewing a pre-sentencing report prepared by probation officer Jeff Seeley.

“I have known Mr. Seeley for 15 years and it’s very rare I see this type of recommendation from him,” said Hoover.

The report provided the judge with what Seeley depicted as a person who didn’t express remorse. Details on the sophistication on how the defendant removed stones from stolen rings and sold the gold settings to maximize value of the sale were also highlighted. Rounding out the report was Seeley’s belief that Mill didn’t understand the seriousness of the situation and had done nothing to address his heroin addiction which led to the crimes.

“Mills preyed on unsuspecting homeowners and he will be a benefit to society if he’s removed from the street for the next 10 to 15 years,” Hoover read from the report.

Mills protested, saying the prepared document contained flaws and information about other defendants, but the probation officer testified otherwise.

“There is no confusion,” said Seeley. “Similar to the answers he’s given to you today, judge, the only answers to my questions are ‘I don’t know.’”

Hoover agreed with the probation officer, citing three reasons for exceeding the high end of the guidelines that called for a five-year maximum sentence.

“One, you have an elevated thievery rate,” said the judge, basing his facts on evidence of the defendant’s knowledge for separating rings from stones and having other equipment to weigh and identify the karats of gold.

“Two, when these crimes occurred you were on bond for another felony, and three, your attitude then and today shows me someone who doesn’t care.”

Of the five burglary charges, Mills will serve two years on each for a total of 10 with 40 years suspended. Another 40 years on four grand larceny charges, 10 years on possession of heroin, and one year on misdemeanor contributing to the delinquency of a minor were suspended. Mills also has to pay $23,500 in restitution.

In other cases heard Monday:

–Steven Lavier Thompson, 45, of 14724 Blue Creek Place, South Chesterfield, received an active three years, six months in prison on attempted burglary, and an active one year sentence for driving after being declared a habitual offender. Thompson broke a window of a convenience store in the Bottoms Bridge area in a burglary attempt last year. He picked up the habitual offender charge from a separate incident last July. Hoover issued the sentence because of the defendant’s extensive criminal history that includes 74 felony and 41 misdemeanor convictions. The defendant also must pay $379 in restitution for the window.

–Allen Scott Rutherford Jr., 29, of 129 Leisure Road, Toano, pled guilty to five charges of felony vandalism under a plea agreement. Three counts of grand larceny, two counts of destruction of property, and four counts of misdemeanor trespassing were dropped. Rutherford was one of four co-defendants involved in a series of break-ins at Dominion Power substations located on Rockahock Road and Courthouse Road from July to September of last year. Under the agreement, he received a five-year prison sentence on one of the vandalism charges, with three years, 10 months suspended. Five years on each of the remaining four counts were suspended, and the defendant must pay $7,500 in restitution.

–Christopher Shane Goode, 20, of 9525 Crumps Mill Road, Quinton, accepted a plea deal on four counts of petty larceny (third offense) and one count each of grand larceny, credit card larceny, and burglary. Goode admitted he stole a black powder rifle and bow and arrows belonging to James Baldwin, a drum set belonging to Mark Clayborne, money from Mark Hill, and a GPS unit each from Elizabeth and Samantha Goode on Nov. 4-5 of last year. Under the agreement, the defendant will serve one year, six months active time in jail on the burglary charge and pay restitution of $1,440.23. Five years on each of the remaining six charges totaling 30 years were suspended.

–Ocie Tramain Johnson, 31, 2601 E. Princess Anne Road, Norfolk, accepted a plea agreement on one count of grand larceny and two counts of misdemeanor destruction of property. Two counts of tampering with a vehicle were dropped. Evidence stipulated that Johnson broke into two vans belonging to Coastal Plains Environmental Group, stealing a pressure washer and other tools. He will serve two months active jail time on one of the misdemeanor charges. Five years from the grand larceny and one year from the other misdemeanor were suspended. Johnson must also pay $1,361.98 in restitution.

–Kevin Lee McKenney Sr., 34, of 7931 New Kent Highway, New Kent, accepted a plea agreement on two counts of forging a public document. A third forging of a public document charge was dropped. McKenney admitted forging signatures on a traffic summons. A state trooper recognized a difference in signatures and after investigating, found out McKenney used a fake driver’s license and name because of a suspended license. Under the agreement, he received five years on each of the two charges, but will serve only seven months on one charge with all other time suspended.