Defendant learns from NK judge that crime doesn’t pay

Judge Thomas B. Hoover gave new meaning to the familiar phrase “crime doesn’t pay” after a New Kent man tried to gain a little money by pawning stolen goods.

Robert Austin Payne, 19, of 11478 Oakrise Road, was convicted on one count each of grand larceny, burglary, and an amended charge of petty larceny during New Kent Circuit Court proceedings Monday.

Commonwealth’s attorney Linwood Gregory proceeded with evidence that Payne stole jewelry from the home of his stepfather, Scott Gala, between Dec. 13-19 of last year. Gregory also said the defendant stole a video game system and more jewelry from the home of Stephen von Hitritz.

After hearing testimony from victims, the prosecutor turned his attention to Matthew Thurston, a former acquaintance of Payne who accompanied him during his trip to a local pawn shop and a video game store in Mechanicsville.

“When I first saw him, he had a black bag,” said Thurston. “He was telling me got kicked out of his house.”

With the help of Jacob Hartsell, an acquaintance of the defendant, the trio traveled to the Gold and Silver pawn shop on Route 249. Gregory presented receipts in court displaying transactions executed by the defendant on Dec. 19 and Dec. 20.

Defense attorney Scott Renick challenged the credibility of Thurston, who was underage at the time of the offense. Renick questioned why the witness left school early and why common sense didn’t kick in when Payne asked for a ride. The defense attorney homed in on a statement made by the testifying party in regards to the selling of the video game system.

“What do you mean when you said ‘handle it’?” questioned Renick, making an inference that alleged Thurston knew about the ongoing actions.

“He said he would handle the transaction,” answered Thurston.

The strategic ploy by defense counsel prompted Hoover to question the witness.

“You said you left school when you were sick,” the judge said. “Why did you leave without permission?”

“It’s unusual for you and a friend to go to two pawn stores in the same day and not ask him ‘what are you selling?’”

Payne occupied the witness stand saying he was paid to pawn the items by Thurston because he was of legal age and his acquaintance wasn’t at the time. Payne said he received $40 for the transactions.

Gregory’s cross led to a statement by the defendant that charged Thurston received the jewelry from his grandmother as an inheritance. That statement became the determining factor in the judge’s verdict.

“This is a case of two people pointing at each other with the blame,” said Hoover. “Recent possession implicated burglary was present unless there is a reasonable explanation for why he had the items.

“Inheriting jewelry is an unbelievable explanation that falls flat on its face,” he continued. “I have never heard a story of a young man inheriting jewelry from his grandmother. Jewelry is usually handed down to a daughter, granddaughter, or a female of the family.”

That explanation earned Payne guilty verdicts across the board. His sentencing is scheduled for August 12.

Plea deals were reached in other matters during circuit court proceedings:

–Ebony Tashaun Perkins, 20, of 161 Gray Gables Drive, Williamsburg, on one count each of felony eluding, grand theft auto, and misdemeanor counts of simple assault, identity theft, driving with a revoked license, and improper stopping on a highway.

In a summary of evidence, Perkins stole a car belonging to Shaneka Banks during the early morning hours of Jan. 15. Perkins was found by a state trooper parked on the shoulder of westbound Interstate 64 sleeping in the car. When the trooper attempted to obtain information, she responded with false statements before taking off in the vehicle, leading two state troopers on an 11-mile chase before she wrecked in a ditch.

Under the plea agreement, she will serve an active jail sentence of one and a half years and pay restitution of $6,521.37 for damage to the stolen vehicle and the trooper’s car, as well as items that weren’t recovered. A total of 11 and a half years were suspended.

–Kent Russell Wilmer, 46, of 1515 Floyd Avenue #13, Richmond, on a reduced charge of misdemeanor reckless driving. Wilmer admitted on last June 25, after he hit a vehicle and stopped to check on the victim, he left the scene of the accident without permission. Under the agreement, he received six months in jail with all but 12 days suspended and must pay $500 in restitution and also a $500 fine.