Wanted man receives 32 months in jail for possessing methamphetamine, gun illegally in New Kent
A Foster man who was the subject on a “be-on-the-lookout” will spend more than two-and-a-half years in prison.
David Wayne Ashberry Jr., 34, of the 100 block of White Neck Drive, entered guilty pleas to one count each of possession of a Schedule I/II drug and possession of a gun while in possession of a Schedule I/II drug as part of a plea agreement reached Monday afternoon in New Kent Circuit Court. One charge of possession of a gun by a nonviolent felon was dropped as part of the agreement.
In a summary of evidence provided by New Kent Commonwealth’s Attorney Scott Renick, on May 12, 2024, New Kent officers were alerted of a vehicle located in the county with a possible suspect who had a warrant out for that arrest. A New Kent deputy located the vehicle near the intersection of Route 60 (Pocahontas Trail) and Route 155 (Courthouse Road) and was able to execute a traffic stop. After identifying the driver as Ashberry and determining the warrant was active, the officer was able to place the defendant in custody without incident. A search of the suspect’s vehicle yielded the discovery of four hypodermic needles, bags with a crystal substance inside, and a firearm. The substance was tested, resulting in a forensics lab identifying it as methamphetamine.
Under the agreement, Ashberry received a five-year sentence with two years, four months suspended (four years, eight months to serve) on the possession of a firearm while in possession of a Schedule I/II drug conviction. All 10 years on the possession of a Schedule I/II substance were suspended. He must also pay total fines in the amount of $1,000.
In other New Kent Circuit Court matters:
–Mack Lee Birchfield II, 25, of the 62000 block of Hingham Drive, New Kent, entered an Alford Plea of Guilt to one count of misdemeanor petty larceny as part of a plea agreement. One charge each of credit card larceny and an additional misdemeanor petty larceny were dropped as part of the deal. An Alford Plea of guilt indicates that while the defendant maintains their innocence, evidence presented in the trail would be enough to convict them of the offense.
In a summary of evidence, on Mar. 7, 2024, a purse was lost at the Food Lion on Airport Road in Quinton. When the purse went to be retrieved from the store after it was being kept for safe keeping, it was discovered that it was missing. An investigation took place, with video evidence showing Birchfield removing the purse from the safe and taking it to the store’s office. Later, Birchfield emerged from the store with a plastic bag with an item inside of it, later identified as the purse that was taken.
Under the agreement, no formal finding was rendered as Birchfield will be subject to probation programs that include anti-theft programs. He must also pay $750 in restitution. Sentencing is scheduled for Jan. 2026 on the offense.
–Jacob Colby Cunningham, 34, of the 3400 block of McKary Street, entered a guilty plea to a single count of possession of a Schedule I/II drug.
In a summary of evidence, an officer discovered Cunningham with the substance on him during a Mar. 8, 2024 investigation. The substance was tested at a forensics lab, with results determining it to be cocaine.
Under the agreement, no formal finding was rendered as the defendant was placed on First Offender Status. If the defendant successfully completes the year-long program, the charge will be dismissed.
–Emily Elizabeth Eanes, 23, of the 1000 block of Grub Hill Church Road, Amelia Courthouse, entered a guilty plea to possession of a Schedule I/II drug.
In a summary of evidence, Eanes was found with the substance during an investigation conducted on Aug. 15, 2024. A New Kent deputy located a white powdery substance in the defendant’s possession, that was later identified as methamphetamine.
Under the agreement, no formal final was rendered as the defendant was placed in the First Offender Program. If she successfully completes the program, the charge will be dismissed.
–Michael Lee Gayles, 51, of the 4700 block of Altair Road, Richmond, entered a guilty plea to one charge of misdemeanor sexual battery as part of a plea agreement. One charge of abduction was dropped.
In a summary of evidence, on Aug. 28, 2024, Gayles worked as Taco Bell in the Bottoms Bridge area of the county and assaulted a coworker. After an investigation, Gayles was arrested on the offense.
Under the agreement, Gayles received a 12-month sentence with 10 months suspended.
–James Michael Holt, 35, of the 6400 block of Orchard Road, New Kent, entered a guilty plea to a single count of possession of a Schedule I/II drug.
In a summary of evidence, on May 14, 2024, an officer conducted a routine traffic stop on a vehicle, which was driven by Holt. Upon speaking to Holt about the offense, the officer noticed substances that seemed similar to drugs. The officer questioned the defendant, resulting in the officer searching the vehicle and located a white powdery substance. The substance was determined to be cocaine after tests at the forensics lab.
Under the agreement, Holt received a 10-year sentence with all but 10 days suspended.
–Janicia Latisha Phillips, 35, of the 8100 block of Tidewater Trail, Urbanna, received a nine-month jail term as she learned her fate during her formal sentencing.
During a Nov. 19, 2024 trial, Phillips entered a straight guilty plea to possessing a Schedule I/II drug. During that case, Phillips admitted that on Mar. 17, 2024, she was the passenger of a vehicle that was pulled over during a traffic stop. When the officer searched Phillips’ purse, it was discovered to have burnt glass pipes with residue inside the pipes. The substance was determined to be cocaine.
Phillips received a five-year sentence with four years, three months suspended on her conviction.