Bryan Daniel Graves, 29, of Rixeyville was sentenced yesterday (Wednesday, March 8) in Rappahannock County Circuit Court on charges of driving while intoxicated and causing maiming, a felony; and a second-time DWI offense, a misdemeanor.
Both charges were in connection with a Jan. 9, 2016, incident in which Graves’ pickup truck crossed the centerline on northbound Route 231 and hit Sperryville resident Virginie Audrain’s car head on. Audrain, 54, had to be cut out of the wreckage and, after a week in the intensive care unit at Inova Fairfax Hospital, spent the next three months in hospitals and rehab centers.
In a very short proceeding Judge Herman A. Whisenant accepted the plea agreement between Graves, his attorney Kevin Smith and Commonwealth’s Attorney Art Goff and sentenced Graves to five years in prison on the felony charge, with three years suspended, and 12 months for the misdemeanor, with 10 months suspended.
Graves’ driver’s license is suspended indefinitely, and after he serves his prison term he’ll be on supervised probation for three years, unsupervised for another two. He will pay Audrain $20,000 in restitution. The plea agreement also called for Graves to write a letter of apology to Audrain, which he did earlier this year.
Before the proceeding, a court bailiff led Graves — wearing an orange and white striped jail uniform imprinted with “RSW inmate — into the nearly empty courtroom. At Graves’ plea hearing in January of this year, Whisenant revoked the man’s bond and remanded him to custody at the Rappahannock Shenandoah Warren regional jail where he’s been held awaiting sentencing.
Whisenant asked Graves if he had anything to say to the court.
“I want to take this time to apologize again,” said Graves. “I can’t change what happened, but I can change what I do in the future.”
Audrain sat quietly in the courtroom gallery with her partner Jim Carter. She kept her eyes down during most of the session.
According to Goff in an earlier phone call, Audrain still suffers from her injuries. “Although there is no evident scarring,” said Goff, “Virginie has several pieces of [implanted] orthopedic hardware to keep her together.” In a previous court appearance he introduced X-rays of Audrain’s knee, shoulder, pelvis, and wrist showing the metal implants.
Graves was led out of the courtroom before Audrain and Carter left. Both Graves and Audrain were visibly emotional.
An investigation into Graves’ court record revealed that since 2007 he has been charged with over 40 offenses in Rappahannock, Fauquier, Madison, Culpeper, and Prince William Counties. Of those offenses, there were 18 traffic infractions, two additional felonies, and 16 misdemeanors. Ten of the charges were drug- or alcohol-related, including a previous DUI for which he was found guilty and sentenced to 12 months in jail, all suspended.
District Court news: B&E bond request denied
In a video conference from the RSW regional jail, 19-year-old Joshua McCullough faced a bond hearing in Rappahannock County District Court last Tuesday (Mar. 7). McCullough, an Amissville resident, was arrested in February and charged with multiple counts of felony breaking and entering, felony grand larceny, felony destruction of property, misdemeanor destruction of property, and misdemeanor larceny. The charges stem from multiple burglaries and larcenies that occurred between July and September 2016.
McCullough’s court-appointed attorney Mark Bailey argued for setting a secure bond for his client along with pre-trial supervision on the grounds that the items taken in the burglaries were minor.
“Only small items were taken, “Bailey told the court. “There were no weapons involved. And Mr. McCullough has been cooperative.”
Bailey characterized the breaking and entering as “non-violent,” earning rebukes from both Goff and Judge J. Gregory Ashwell.
“Is there such a thing as ‘non-violent’ breaking and entering?” asked Ashwell. According to the Virginia criminal code, breaking and entering is considered a violent crime.
Bailey replied, “In relative terms it’s non-violent.”
Goff told that court that he was opposed to granting a bond given the nature of the offenses, “but, if [Ashwell] was inclined to grant bond, it should be for a high amount, such as $10,000 to $15,000.”
Ashwell denied the bond request. McCullough will continue to be held at RSW.