A delay in a presentencing report in the case of Zachariah Gregory Wayland in Rappahannock County Circuit Court June 16 won him a temporary reprieve. Expecting to be sentenced on three felony counts of child pornography and immediately remanded to the sheriff, the 24-year-old Flint Hill resident instead was given permission by Judge Jeffrey W. Parker to attend a family reunion at Nags Head, North Carolina.
Parker did not hide his displeasure at not having received the presentencing report. Wayland’s attorney, Frank Reynolds, attributed it to a mix-up in the probation office. Reynolds then asked if Wayland could accompany his family for the reunion.
“This is a bit of a windfall for him,” said Parker. “He was expecting five years in the penitentiary, now he’ll be on the beach.” Parker wondered if Wayland was a flight risk.
Commonwealth’s Attorney Art Goff said: “If Mr. Wayland were going to run, he would have done so before today. He expected to be turned over to the sheriff’s office today.” Goff had no objection to the trip.
Wayland pleaded guilty March 14 to three felony charges of possessing or reproducing child pornography. For the first charge, he was sentenced to five years in the penitentiary, all suspended; for the second charge, 10 years in the penitentiary, all suspended; the third carries 20 years, with 15 years suspended.
In addition, Wayland was ordered to have no contact with minor females and can possess no pornography. Wayland gives up his Fourth Amendment right against search and seizure, meaning authorities can search him at any time. He must provide computer and online site passcodes and security codes to his probation officer and submit to periodic drug or psychological testing. He will be subject to supervised probation for five years and unsupervised probation for an additional 10. Sentencing was continued to July 7.
Back on heroin, back in jail
Thomas Edward Lee III, 34, of Woodville, was found guilty in a bench trial of violating his probation in connection with his October of 2010 sentencing for administering narcotics to his two-month-old daughter the previous December. Taken to Inova Fairfax Hospital, the infant was found to have a head injury and other injuries to the chest, and tested positive for narcotics. Lee told investigators that he had panicked and crushed some of the prescription painkiller Percocet he was taking for an earlier motorcycle-accident injury, and put some of it in the baby’s mouth with his wet finger.
At the time, Lee was sentenced to more than 11 years in prison for felony child abuse and probation violations, with just over five years suspended.
Called to testify during the trial, Lee’s probation officer, Nathan Moon, said that Lee came to his office in 2013 to say he had was again using heroin, had had an overdose and wanted some help. Moon told the court that Lee had been clean for a time, but after being prescribed opiates for pain, he went back to heroin.
Moon said that he had tried to get Lee enrolled in counseling, but Lee had not been able to afford the $20 co-pay. He missed the next session because he had been arrested in Warrenton and charged with two counts of felony breaking and entering. He was later found guilty and sentenced.
When asked on the stand about the breaking and entering charges, Lee told Goff, “That was one of a long line of dumb decisions in my life,” but that he was suffering from severe opiate withdrawal. “I look back now and see I was weak.”
In his closing argument, Goff said, “I don’t think Mr. Lee deserves probation. He’s a heroin and opiate addict. He breaks into a house just because he needs drugs.”
Lee’s attorney Chris Morehouse argued that Lee “has taken ownership of his problem and reached out to his probation officer, which is refreshing.” Morehouse requested leniency, saying that “if given a chance, Lee would be ready after incarceration for recovery services and probation.”
When asked if he had anything to say to the court, Lee told Parker, “I accept responsibility. I know it was wrong. I’m not asking for a slap on the wrist. I understand I’ll do time, but I also need help.”
Before sentencing, Parker said, “Mr. Goff’s remarks are not out of line. You committed some very serious felonies while on probation.” Parker then revoked Lee’s probation and sentenced him to three years in the penitentiary and two years of supervised probation upon his release.
Absconding to Hawaii
Oliver Grey Crump, 37, of Willoughby, Ohio, was tried in circuit court on June 17 and found guilty of violating his probation, originally part of a sentence for a breaking and entering conviction in August 2000.
According to his attorney (and brother), David Crump, Oliver Crump was extradited from Hawaii where he has been living for 12 years, having absconded from probation. “There he has been working steadily as an accomplished chef,” said David Crump. “He’s a talented jeweler and a 3D printing technician. He has found interests and pursuits compatible with our society. Mr. Crump has incurred no infractions, has never been on welfare and has lived a peaceful life.” Crump’s mother and stepfather also live in Hawaii.
David Crump requested that his brother be allowed to return to Hawaii where he can complete his probation, unsupervised.
Judge Parker, in delivering his sentence, said, “This is an unusual situation. The mere fact of absconding is an offense in itself. You can’t just take yourself off probation.” He rejected the request to revoke probation and instead revoked Crump’s suspension, and sentenced him to nine months in jail and three years of unsupervised probation upon his release.
Austin Duane Settle, 29, of Castleton, was sentenced on six charges of violating his probation. The charges stem from his 2013 conviction on six felonies at the former Aileen factory in Flint Hill — two counts each of breaking and entering, grand larceny and destruction of property — all to support his drug habit. He pleaded guilty to all charges and was sentenced to 17 months in jail and probation upon release.
Last week, Settle’s attorney Kevin Gerrity told Parker that from April 2014 to 2015, Settle had reported regularly to his probation officer and had tested negative for drugs. But from December 2015 to April 2016 he did not report and admitted to relapsing to heroin.
Gerrity said that Settle had not had a driving violation or DWI in two years and told the judge that Settle wanted a second chance.
Addressing Settle, Parker said: “I’ll give you that second chance, but I want you to remember that you had 13 years over your head and the court suspended all but a year and five months. Just remember that when you violate your probation with that time over your head, you are really rolling the dice.” He then revoked Settle’s sentence and probation on the first offense and re-sentenced him to six month in the penitentiary and three years of supervised probation. Parker said he would keep the probation on the other charges.
Jennifer Lynn Groover was also sentenced for a probation violation. The 32-year-old Fredericksburg resident was involved in a car accident on U.S. 522 near Sperryville on June 30, 2013. During a search of the vehicle, Virginia State Trooper Paul Domingoes discovered syringes and a spoon in her purse, which later tested positive for morphine. She pleaded guilty to a felony count of possessing a schedule I or II drug. She was sentenced to two years in jail, all suspended, and two years of supervised probation.
Her attorney, Gerrity, argued last week that Groover has been trying to get off drugs for 10 years and “has had periods of sobriety. At one time she tried to wean herself off drugs because she couldn’t afford counseling.” But, he said, she has been off drugs since March, is in a counseling program and getting tested every two weeks. “She is gainfully employed,” he said, “and did not abscond.”
Parker said: “There are a number of violations here and some jail time is warranted to drive home the point.” He revoked her previous suspension and probation. He sentenced her two years in the penitentiary, suspended all but one month, and ordered two years of supervised probation to start on release. Groover was taken into custody.