Drug, theft charges lead to suspended jail terms

Drug-related charges swept through Rappahannock County Circuit Court Thursday morning (Dec. 5), as three of the morning session’s cases dealt directly with them.

Sperryville resident Tracy Marie Fincham, indicted by a grand jury in May, was sentenced on one charge of grand larceny in connection with firearms stolen from her then-employer Randy Revercomb of Sperryville.

Summarizing evidence back in September, Commonwealth’s Attorney Art Goff said that between Feb. 24 and March 3, the 26-year-old Fincham stole six firearms (four revolvers, one Winchester rifle and one .30-06 rifle) from Revercomb’s gun cabinet.

Goff said Fincham “threw herself on [Revercomb’s] mercy” shortly after the theft was discovered, returning all six weapons, cooperating fully with the Rappahannock County Sheriff’s Office and admitting she stole the guns intending to sell them to help pay the rent that she and her boyfriend had fallen behind on.

Judge Herman A. Whisenant agreed to follow the plea agreement Goff and Fincham’s defense had worked out, sentencing Fincham to five years in jail (all suspended) and two years of supervised probation, with the condition that she consume no alcohol or illegal substances during that period.

In the second case Thursday morning, 32-year-old Joshua Michael Lam of Harrisonburg was sentenced on one felony count of possessing methamphetamine.

At Lam’s September hearing, Goff said Capt. J.C. Welch, formerly of the Rappahannock County Sheriff’s Office (RCSO), observed Lam turn onto U.S. 522 at Massies Corner at 3:24 a.m. last Aug. 22. Welch watched as Lam, driving a blue pickup truck, ran both passenger-side tires off the side of the road, and subsequently pulled him over.

Lam admitted he was driving on a suspended license; Goff said Welch noticed Lam acting suspiciously — “pacing back and forth nervously” — and asked permission to search his truck. That search revealed a black case with a syringe and spoon with residue on it, which was later determined to be methamphetamine.

Whisenant was decisive in his ruling, sentencing Lam to six years in jail (all suspended), with four years of supervised probation.

The third case before Whisenant was 23-year-old Ahmed Safwat Moharam, of Fairfax, who pleaded guilty to one felony count of possession of oxycodone.

Summarizing evidence, Goff said RCSO deputy Koglin pulled Moharam over on Viewtown Road on Jan. 28 for speeding and noticed the car smelled like marijuana; Moharam admitted he “had a roach” sitting in the ashtray. Goff said Koglin also discovered a bag with 32 green pills in Moharam’s shoes; they were later identified as oxycodone.

Moharam’s sentencing hearing is scheduled for March 10.

Also sentenced Thursday morning was 59-year-old Michael Lawrence Nelson, of Boston, who was charged with violating his probation after he failed to appear for a court date on Sept. 16.

Nelson was previously found guilty of assaulting two RCSO deputies who responded to a 911 call at his sister’s house. Nelson became belligerent and threatened to kill the deputies. While being cuffed, he managed to kick one of the deputies in the groin and scratch the other.

Nelson testified he had a job interview scheduled for that morning and failed to appear because he believed the case date had been rescheduled. Nonetheless, as Whisenant said, “You’ve conceded that you were in violation, and a violation is a violation.”

Subsequently, Whisenant reimposed 18 months of Nelson’s previously suspended sentenced, then resuspended 16 months, with credit given for time served. Whisenant also placed Nelson on two years of supervised probation, adding that he could not consume alcohol at all during that period.

Though he was originally scheduled to also be sentenced Thursday morning, David Winfield Eisenmann’s sentencing was moved to Feb. 20.

At his July 18 court date, Goff said that Eisenmann, 24, of Rixeyville, robbed a pharmacy in Prince William County last Aug. 1,  taking several items, including the controlled substance oxycodone.

Goff said that the sheriff’s departments of Prince William and Rappahannock counties searched Eisenmann’s home Aug. 5, finding an indoor marijuana growing operation in the basement. Police collected 21 marijuana plants, as well as several small bags throughout the house. The stolen oxycodone, Goff said, was found in the kitchen, while a 9mm pistol was discovered in Eisenmann’s bedroom.

Trial dates

Two trial dates were set Thursday morning, with the first belonging to 22-year-old Rochelle resident Charles Tyler Atwell, who is charged with possession of marijuana stemming from a traffic stop on Jan. 27. His bench trial is scheduled for Jan. 13.

The second trial date was for Baltimore resident Phillip Lee Brown, 27, who is charged with one felony count of “carnally knowing” a child, identified as J.L. His one-day jury trial is scheduled for March 25.