Illinois man receives prison sentence of six-and-a-half years

Denying a defendant’s request for a new trial, Judge Thomas B. Hoover followed the recommendation of a jury and sentenced an Illinois man to six and a half years in prison.

Peter James Guerrero, 36, learned his fate during Aug. 12 New Kent Circuit Court proceedings. Guerrero received guilty convictions on two counts of burglary and one count of grand larceny during an April 4 trial. The defendant was convicted of burglarizing New Kent Gymnastics Center and an adjacent empty building, both located at New Kent Commerce Park. Evidence, including Guerrero’s saliva and fingerprints, were instrumental in a jury convicting him for the Jan. 19, 2012 break-ins. He was found not guilty during the same trial on one count of burglary and grand larceny.

Prior to sentencing, Guerrero and his attorney, John Jones, requested a new trial.

“My client said a juror was about to fall asleep and not aware,” said Jones during his request. “The Commonwealth [Attorney] failed to keep a record of testifying witnesses, along with [assistant Commonwealth Attorney Randy Del Rossi] cross-examination with questioning that was argumentative and asked sarcastically.”

Hoover, however, pointed to failures and trial transcripts to denying the request for a new trial.

“If a juror was asleep, it is the defendant’s attorney responsibility to ask for a mistrial at that moment,” Hoover said. “When the defense doesn’t call for a mistrial, you can’t come back at a later date and ask for a new trial.”

During sentencing, Commonwealth’s Attorney Linwood Gregory referenced Guerrero’s criminal history and that the jury’s recommendation should be upheld.

“His previous record states the record of his life,” said Gregory. “He broke into storage units in Illinois and stole tools. That is what he did here.”
Guerrero, on his defense, made a brief statement before sentencing was rendered.

“I live with regrets every day,” the defendant said. “Prison has never fixed me in the past.”

Under the jury’s recommendation, Hoover sentenced Guerrero to two years on each of the burglary charges for a total of four years, and two and a half years on the grand larceny charge for a total of six and a half years to serve in prison. Guerrero acknowledged to his attorney that he plans to appeal the decision.

In other Aug. 12 court proceedings:

–David Paul Clark, 38, of Newport News Regional Jail, accepted a plea deal to three counts of forgery and two counts of obtaining money under false pretenses. Clark admitted he stole checks belonging to Kevin Bowen and cashed them at two local convenience stores from Dec. 7-12 of last year. Under the plea agreement, he will pay $1,885.25 in restitution and receive formal sentencing on Oct. 21.

–James Edward Rhoten, 29, of Central Virginia Regional Jail, Orange, entered an Alford plea of guilty and accepted a plea deal to two counts of grand larceny. Two counts of burglary were dropped. While maintaining his innocence, evidence stipulated that last Oct. 29, Rhoten stole a television and chainsaw belonging to Paul Hitchcock and a television and laptop belonging to Karen Morris. Under the agreement, he received 10 years on each count, with all but nine months suspended. That sentence is pending if Rhoten is admitted into the New Life for Youth drug rehabilitation program. Formal sentencing is scheduled for Dec. 9.