New Kent Charles City Chronicle

News for New Kent County and Charles City County, Virginia | October 9, 2024

New Kent man driving intoxicated for third time sentenced to jail for three months

By Robb Johnson | October 1, 2024 12:45 pm

A New Kent man who drove a vehicle while intoxicated will spend the next three months in jail.

Alex Michael Kahl, 38, of the 10000 block of Tunstall Road, entered guilty pleas to one count each of driving while intoxicated (third or subsequent offense) and felony hit and run as part of a plea agreement reached Monday in New Kent Circuit Court. One charge each of felony destruction of property, misdemeanor driving suspended, misdemeanor obstruction of justice, misdemeanor refusing to take a breathalyzer test (second offense), and felony violating pretrial conditions were dropped.

In a summary of evidence, on Nov. 2, 2022, officers responded to a car crash on New Kent Highway. When they arrived, they noticed an individual walking away from the scene after causing significant damage to the victim’s vehicle. When the officers approached the individual, now identified as Kahl, they detected the odor of alcohol. The defendant was arrested on the DWI, with a blood-drawn test revealing he was over the legal limit. A background check on Kahl revealed that he had two previous offenses related to driving while intoxicated.

Under the agreement, Kahl received a five-year sentence with all but three months suspended on the driving while intoxicated (third or subsequent offense) conviction. All five years on the felony hit and run were suspended. He must also pay a fine of $2,000.

In other circuit court proceedings:

–Barry Wayne Hague, 59, of the 2300 block of Maplewood Road, Henrico, entered guilty pleas to possession of a Schedule I/II drug, misdemeanor driving while intoxicated (first offense), and misdemeanor violating pretrial conditions.

In a summary of evidence, on Apr. 18, a traffic stop was executed on Interstate 64 westbound. An officer approached the driver, later identified as Hague, and noticed signs of intoxication. The trooper conducted a field sobriety test, with Hague performing poorly on it. Hague was placed in custody and a search of a vehicle discovered a white powdery substance in the sun visor. That substance was sent to a forensics lab, with tests returning and identifying the substance as cocaine.

Under the agreement, no formal finding was rendered on the possession of a Schedule I/II drug charge as Hague will be placed in the first offender program. He received a 12-month sentence with all time suspended on the driving while intoxicated conviction, and was sentenced to 45 days in jail for violating the terms of pretrial conditions.

–Paul Linwood Johnson, 34, currently of Henrico Jail East, entered a guilty plea to an amended charge of possession of an unlawful chemical by a prisoner (originally delivering drugs to a prisoner).

In a summary of evidence, Johnson and another individual used hand gestures to communicate where possible drugs were being hidden. Camera footage revealed that the bag was intercepted, and Johnson was scene as the individual in possession of the substance.

Under the agreement, Johnson received a five-year sentence with all time suspended. He must pay a fine of $1,000.

–Todd Gilbert Lacy, 52, of Henrico, entered guilty pleas to one count each of misdemeanor assault and battery and misdemeanor aggressive driving as part of a plea agreement. One charge each of attempted malicious wounding, following too closely, and failing to obey a highway marker were dropped as part of the deal.

In a summary of evidence, on June 26, 2024, officers responded to a call for service to an accident on Interstate 64 where Lacy and the victim were involved. When officers arrived, they interviewed both individuals, with the victim saying they were involved in an argument and that Lacy had smacked the victim twice in the face. After further investigation, Lacy was arrested on the charges.

Under the agreement, Lacy received a 12-month sentence with all but one month suspended on the assault and battery conviction. All 12 months on the aggressive driving conviction were suspended. He must also pay restitution in the amount of $1,136.

–Zachary Eugene Taylor, 54, of the 1000 block of Tallgrass Court, Richmond, entered guilty pleas to one count each of possession of a Schedule I/II drug and an amended charge of assault and battery (originally assault on a law enforcement officer) as part of a plea agreement.

In a summary of evidence, on March 9, an officer on patrol discovered that Taylor had a warrant out of a neighboring jurisdiction. When the officer arrested Taylor, he said he couldn’t move his arm and could only move it so far, arguing with the officer. During the arrest, a bag with a substance popped out of Taylor’s pocket. The substance was tested and revealed to be cocaine according to a forensics lab report.

Under the agreement, no formal finding was rendered on the possession of a Schedule I/II substance as Taylor will enter into the First Offender Program. He received a 12-month sentence with six months suspended on the assault and battery conviction, and must pay a fine of $500.

–Robert E. Wilburn, 35, of the 1600 block of Outpost Road, Lanexa, was convicted on a single charge of possession of a Schedule I/II drug.

In a summary of evidence, citizens contacted authorities after noticing an individual acting erratically at Food Lion on Pocahontas Trail. When officers arrived, they were able to calm the person, now identified as Wilburn, and give him a lift back to his vehicle. As Wilburn entered into the car, a small bag fell from his pocket, which officers noticed had a white substance inside of it. The bag was tested by the forensics lab, with results yielding that the powder was cocaine.

A presentence report is being prepared to determine if Wilburn qualifies for the First Offender Program. Sentencing is tentatively scheduled for Jan. 13, 2025.