JUDGEMENTS - Accomack Circuit Court

Nancy Drury Duncan
Staff Writer

ACCOMAC -- Colestino Cruz Aguilar, 39, of Exmore entered a guilty plea in Accomack Circuit Court to leaving the scene of an accident and causing property damage in an amount greater than $1,000.

According to evidence offered by Common- wealth's Attorney Gary Agar, Aguilar was driving in the parking lot of Four Corner Plaza when he struck another car. He continued driving around the area and was quickly apprehended by police. A witness identified the driver and told police.

Aguilar had "obviously been drinking," Agar said.

He was sentenced to three years with all time suspended on condition of good behavior. Aguilar will continue to be held in jail at the commonwealth's request, to await deportation as a result of his felony conviction.

Probation violation

Tyron Grant Sr., 23, of Belle Haven, convicted of burglary and grand larceny and sentenced to three years of probation last October, was back in court for violating the terms of that probation, which included community service and payment of restitution to his victims.

Commonwealth's Attorney Gary Agar detailed what he said were Grant's egregious failures to comply. "His probation officer drove him to the Virginia Employment Commision office because he said he had no transportation," Agar said. "When the probation officer later found out he had not applied for a job while there, he asked why. Grant told him the line was too long and he didn't want to wait."

"This is not New York here," Agar told the court. "There were only two people in line ahead of Grant."

On another occasion, Agar said, Grant was to attend an Employment Commission clinic. He was telephoned and reminded each day for several days leading up to the date of the clinic that he must be there.

He was asked of he needed transportation, said Agar. Grant assured his probation officer he would be there and that he had a ride to get there. When he did not attend, Grant told his probation officer he had no way to get there. Agar told the court that the man had been given bus passes to use to get there if he could not find a ride.

Agar detailed also Grant's lack of fulfillment of his community service requirement.

"He was supposed to do 100 hours of community service," said Agar. "He was supposed to pick up trash on the road. He said he was doing it, but when the bags were checked, they were found to contain only Grant's household trash."

"Mr. Grant has some limited abilities," said defense attorney Theresa Bliss. "He just can't follow through. He needs additional monitoring,"

"I believe we need to wake you up," said Circuit Judge Edward W. Hanson Jr. He ordered Grant to serve 30 days in jail and re-suspended the remainder of the sentence.

Welfare fraud

Cathy Jones, 45, of Onancock was sentenced to 15 years for four counts of welfare fraud and a bad check charge. The time was suspended on condition of her successful completion of Virginia's Detention and Diversion programs. She will be required to pay restitution.

She was originally eligible for food stamps, but failed to inform authorities when her two daughters went to work, which made her ineligible, said defense attorney Patrick Robbins.

"We generally consider these pretty serious cases," said Common- wealth's Attorney Gary Agar. "The system is set up to help people in need. This is not the first time she committed welfare fraud."

Agar told the court that Jones had been incarcerated seven separate times. "There are nine noteworthy crimes in the presentence report," he said. "She needs to stay off drugs."

He said she owed more than $3,500 for these crimes in addition to more than $5,500 already owed to the general district court.
Robbins was able to convince the court delay her incarceration for several days so Jones "could make arrangements for her six-year-old son and put her furniture in storage."

Armed robbery

Sidney Cottman, 34, of Eden, Md., will serve 21 years in a penitentiary for armed robbery and armed burglary in connection with the robberies of three local convenience stores.

Commonwealth's Attorney Gary Agar asked for a long sentence in light of Cottman's past violent history. "He was expelled from school in the 11th grade because he assaulted the superintendent of schools," he said. "He was fired from his last job for threatening the line boss at Tyson Foods."

"There are a lot of armed robberies around here. If you run out of gas on Route 13, my recommendation would be that you leave your car and walk home. Don't go to a convenience store around here."

"What are we going to do with this guy when we are so threatened here in our convenience stores?" asked Agar.

Agar told the court that Cottman was $8,000 in arrears in child support payments and that he had had past probations revoked for drug use.

Defense attorney Garrett Dunham told the court that his client was, "a polite individual" and said Cottman had been cooperative and truthful throughout the investigation.

"I've never seen someone so polite with these charges," Dunham said. He told the court that Cottman took steps to make sure he didn't hurt anyone by taking the pin out of the firearm.

Evidence was presented by the Commonwealth that Cottman held a shotgun on the store clerks as they were robbed.

Malicious maiming

Shakeva Matthews, 23, of Keller, charged with malicious maiming, pleaded guilty to a reduced charge of unlawful wounding.

Commonwealth's Attorney Gary Agar described the circumstance to the court. "Everyone was drinking and the defendant was assaulting her twin sister with a serrated butcher knife, according to a witness."

The incident occurred in a residence near Wachapreague, he said.
The stabbing victim, who he said was presently incarcerated as a result of another issue, received one stab wound in the back while trying to pull the twins apart.

Defense attorney Sharri Mapp asked the court to sentence her client on the spot but the judge asked that a presentence report be prepared as Agar described Matthews as having "a positive criminal history."

Indecent liberties

A presentence report was ordered for a 75-year-old man who pleaded guilty to carnal knowledge and indecent liberties with a child who is now a young adult. John Robbins of Onancock was allowed to remain free on bond. The illegal activity occurred during a period of several years and ended in 2009.

Defense attorney Tom Northam made that request, saying that his client worked in a seafood business in Washington, D.C., and that he had a heart condition and breathing issues.

Source; delmarvanow.com http://www.delmarvanow.com/article/20110406/ESN01/104060341/Accomack-Circuit-Court-hands-down-judgments?odyssey=mod|newswell|text|Eastern Shore News|s