New Kent Charles City Chronicle

News for New Kent County and Charles City County, Virginia | January 27, 2023

Hampton man to serve 15 months for driving intoxicated in New Kent County

By Andre Jones | January 10, 2023 8:39 am

A Hampton man will spend 15 months in jail for driving under the influence in April 2022 in New Kent County.

Mark Winston Cannon Jr. , 29, learned of his incarceration time after receiving formal sentencing Monday in New Kent Circuit Court.

During a Nov. 7, 2022 trial, Cannon entered guilty pleas to DUI (third or subsequent offense) and misdemeanor DUI while driving revoked as part of a plea agreement. At his trial, a summary of evidence indicated that on Apr. 12, 2022 at 2:27 a.m., a Virginia State Trooper observed a vehicle unable to stay in its lane. After initiating a traffic stop, the officer approached the driver, later identified as Cannon. The trooper noticed signs of intoxication and conducted a field sobriety test. The defendant failed the test, with a subsequent toxicology test revealing a blood-alcohol content level of .014, nearly twice the legal limit. Cannon was arrest, with a background check revealing he had committed the same crime two previous times within the past five years.

Cannon received a five-year sentence with three years, eight months suspended on the DUI conviction (one year, four months to serve). Of the time to serve, six months is the mandatory minimum. He will also serve a month on the misdemeanor DUI while driving revoked conviction, with 10 of those days required by state law.

In another circuit court case, a Hampton woman will serve no active time after pleading guilty and admitting to selling a stolen antique car.

Brittany M. Whitworth, 34, entered guilty pleas to one count each of conspiracy to commit grand theft auto, forgery of a certificate, and obtaining money by false pretenses as part of an agreement. Nine counts of firearm larceny, two counts of grand theft auto, and one count each of burglary, grand larceny, and obtaining money by false pretenses was dropped as part of the agreement.

In a summary of evidence, from Jan. 15, 2022 to June 23, 2022, Whitworth stayed at a residence she thought was owned by another person. On June 23, 2022, a New Kent deputy responded to the home and spoke to Whitworth about a vehicle that she had sold. Whitworth told the officer that she had the Power of Attorney to sell items from the home because the owner of the home was currently incarcerated. However, a Ford Model A that she sold to Kevin Leppert actually belonged to Gerald Sprouse, a discovery that was made when Leppert took it to a mechanic who knew the vehicle. That discovery kicked off an investigation, with Sprouse telling officers that he had not given the defendant permission to live in the house and sell the items. Whitworth was arrested on the crimes.

Under the plea agreement, she received 10-year suspended sentences on the conspiracy to commit grand theft auto and obtaining money under false pretenses convictions. She also received a five-year suspended sentence on the forging of a certificate, which she did when she sold the vehicle. Restitution to be paid will be determined at a future hearing.