Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Claude Michael Scialdone, 65 years old, previously residing in the 1200 block of East Ocean View Avenue, Norfolk, Virginia, appeared before the Honorable J. Warren Stephens, Judge Designate to the Circuit Court of the City of Virginia Beach on a charge of Possession of Cocaine. Scialdone pled guilty without any agreement. Since he had no record, the Court granted him a deferred disposition, conditioned on good behavior for one (1) year, supervised probation through the Office of Community Corrections which is to include substance abuse assessment and treatment as recommended by the caseworker. Scialdone must also perform 100 hours of community service and remain drug and alcohol free. The Court restricted his driver’s license and ordered that he return on March 9, 2011 for a final disposition of this case.

Had this matter gone to trial, the Commonwealth’s evidence would have proven that on August 8, 2009, a concerned citizen contacted the police using the RAID number, regarding a vehicle that he observed drive into a ditch on the 2900 block of Indian River Road. When officers arrived, they found the defendant standing next to his car. Scialdone was disoriented and smelled of alcohol. After he refused to speak with officers or take an alcohol test, he was arrested on suspicion of driving under the influence of alcohol. After the arrest, Scialdone was searched and cocaine was found in his pants pocket. During an inventory of the car after his arrest officers found a cooler with cold bottles of Coors Light beer and Pinnacle Vodka. Scialdone was charged with Driving Under the Influence, Refusal to Perform a Blood or Breath Test, Reckless Driving and Possession of Cocaine.

Scialdone appeared before the Honorable Tristan Hyde, Judge Designate, in General District Court on October 29, 2009 and entered a guilty plea on the charge of Driving Under the Influence. He was sentenced to thirty (30) days in jail, all of which was suspended, conditioned on good behavior for twelve (12) months, payment of a $500.00 fine, $250.00 of which was suspended, his driver’s license was restricted for twelve (12) months and he was ordered to enter and complete the Alcohol and Safety Action Program. The Court dismissed the Refusal charge on the defendant’s motion. The Commonwealth moved to nolle prosequi the Reckless Driving charge as a defendant cannot legally be tried on both Reckless Driving and DUI.

Senior Assistant Commonwealth’s Attorney L. Diane Nelms prosecuted the case. Please call Julie Pickell if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Paris Mitchell Whedbee, 48 years old, previously residing in the 200 block of Woodville Road, Hertford, North Carolina, and having pled guilty on October 5, 2009, was sentenced today by Circuit Court Judge Frederick B. Lowe to ten (10) years in prison for Bank Robbery. Whedbee’s sentence will be served in addition to a thirteen (13) year and five (5) month sentence he received in Chesapeake for a Bank Robbery committed one week before the Virginia Beach offense.

Had this matter gone to trial, the Commonwealth’s evidence would have proved that on February 17, 2009, Whedbee approached a teller at the RBC Centura Bank at 4860 Virginia Beach Boulevard and handed her a demand note written on the back of a check. The teller feared he was armed and complied with his demand for cash. Having robbed the teller of $2700.00, Whedbee quickly left the bank, but was followed by a customer who was able to give police a description of Whedbee’s truck. Police found the unoccupied truck a short time later and were able to track Whedbee’s movements; he was eventually arrested in Florida, having fled the area.

The defendant was previously convicted of five counts of Robbery in Norfolk in 1990, two counts of Attempt Robbery and Use of a Firearm in the Commission of a Felony in Norfolk in 1992, and Robbery in Chesapeake in 2009.

The case was prosecuted by Associate Commonwealth’s Attorney Wendy R. Alexander. Please call Julie Pickell at 385-8545, if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Steven Alexander Breaux, 25 years old, formerly residing in 1200 block of Bunsen Court, Norfolk, was found guilty by a jury of two (2) counts of First Degree Murder, Attempted First Degree Murder and three (3) counts of Use of A Firearm in the Commission of a Felony. The jury recommended that Breaux be sentenced to thirty-five (35) years on each of the two counts of First Degree Murder, ten (10) years on the Attempted First Degree Murder and a total of thirteen (13) years on the charges of Use of a Firearm in the Commission of a Felony, for a total of 93 years.

At trial the Commonwealth’s evidence proved that on January 15, 2007, Steven Breaux and a co-defendant were patrons at Ocean’s Cabaret located in the 400 block of Oceana Boulevard. After spending some time at the club, Breaux and his co-defendant began harassing an off-duty waitress. Both were asked to leave the club. Club security, patrons, and an off-duty Portsmouth sheriff’s deputy followed Breaux and his co-defendant out into the parking lot, where words were exchanged between Breaux and club security. Breaux pulled out a handgun and began shooting, striking victim Mark Vanhorn in the head, killing him. Breaux and his co-defendant then continued shooting at the crowd as they both ran toward a van parked in the lot. Victim Michael Porter was struck twice and was also killed. The sheriff’s deputy managed to retrieve his service weapon from his vehicle and identified himself as a law enforcement officer. Once the Deputy identified himself, both Breaux and his co-defendant began shooting at him from both sides of their van. After a brief exchange of gunfire, Breaux and his co-defendant then quickly fled the parking lot into a wooded area at the rear of the club where they were apprehended by the Virginia Beach Police Officers and K-9 units. Three firearms used by both Breaux and his co-defendant were recovered from the woods where Breaux and his co-defendant were hiding and were each forensically linked to the shootings in the Ocean’s Cabaret parking lot.

Breaux has previous convictions for Robbery, and 4 counts of Attempted Robbery as a juvenile. As an adult, Breaux has been convicted of Distribution of Marijuana, Concealed Weapon, Illegal Possession of Alcohol and Possession of a Firearm by a Convicted Felon.

Associate Commonwealth’s Attorneys Vena J. Sanders and Joseph Dinonno prosecuted the case. Please call Julie Pickell if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Dennis Ray Collins, 53 years old, a resident of Winston-Salem, North Carolina who was extradited to Virginia Beach, pled guilty and was sentenced today by Circuit Court Judge Patricia West, on one (1) count of Sexual Penetration with Object, and one (1) count of Indecent Liberties – Custodial. Judge West ordered the defendant to serve a total of twenty (20) years in the Virginia Department of Corrections. Ten (10) years of that sentence were suspended conditioned upon good behavior for twenty (20) years, indefinite supervised probation, registration as a sex offender, no with contact with the victim, and payment of all court costs.

The Commonwealth’s evidence proved that between January 1, 1986 and December 31, 1988, while a youth minister for Thalia Lynn Baptist Church and volunteer baseball coach for Bayside High School, Collins sexually abused one of the high school baseball players at his home.

The case was prosecuted by Senior Assistant Commonwealth’s Attorney Charisse L. Black. Please call Julie Pickell at (757) 385-8545, if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Patrick Craig Barnes, 29 years old, who previously resided in the 1800 block of Cougar Court, Virginia Beach, Virginia, was sentenced yesterday by Circuit Court Judge Patricia L. West on a probation violation.

In 2004, Barnes was given a sixty (60) year sentence for four (4) counts of Burglary and four (4) counts of Grand Larceny. The Court suspended the entire sentence, conditioned on his successful completion of the Youthful Offender Program. Due to multiple institutional violations, Barnes was removed from that program in 2006 and was given a two (2) year penitentiary sentence.

In 2008, Barnes appeared before the Court on a Violation of Probation because of his involvement with a gang. The Court revoked and re-suspended all but forty-five (45) days of his remaining fifty-eight (58) year sentence, conditioned on good behavior for fifty-eight (58) years and supervised probation until released. After Barnes was released, he committed a robbery while wearing a mask in Roanoke, Virginia. He was sentenced to a total of thirteen (13) years on those charges with six (6) years suspended.

Judge West revoked the fifty-eight (58) years that were remaining on his sentence and re-suspended twenty-five (25) years, leaving him an active sentence of thirty-three (33) years to serve.

Barnes was also indicted yesterday by the Grand Jury on charges of Grand Larceny and Statutory Burglary, which are alleged to have been committed by him in 2009. One of the items that he was alleged to have stolen in Virginia Beach was the gun used to commit the robbery in Roanoke.

Deputy Commonwealth’s Attorney Philip C. Hollowell prosecuted the case. Please call Julie Pickell if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced that a grand jury meeting in Virginia Beach Circuit Court today returned indictments against 126 individuals charging 265 offenses.

Of the indictments presented, 31 were burglaries and 46 were felony larcenies. “My office is currently prosecuting a higher number of property crime cases. Citizens in Virginia Beach should learn how to protect themselves, and one of the best sources of information is the VBPD Crime Prevention Unit. I would encourage everyone to visit their web site at www.vbgov.com/dept/police,” Bryant said.

The grand jury charged 6 individuals with felony Driving Under the Influence 3rd Offense and 1 with Driving Under the Influence/Involuntary Manslaughter.

The remaining indictments charged a broad range of criminal offenses from 1 count of murder to child neglect, abduction, robbery with the use of firearms, prescription fraud, use of a firearm in commission of a felony, hit and run, habitual offender, construction fraud, credit card fraud, uttering counterfeit currency, forgery, malicious wounding, failing to register as a sex offender, 7 assaults on law enforcement officers and 30 felony drug charges.

Please contact Julie Pickell if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, is pleased to announce that four of his paralegal staff successfully passed the National Association of Legal Assistants, Inc. (NALA) Certified Paralegal Examination. These include Cheina Gardner, Connie Gaylor, Amanda Herman, and Shari Morris. Two others recently passed the Advanced Certified Paralegal Examination. They are Jaye Koch and Jodie Turner.

Established in 1976, the Certified Legal Assistant/Certified Paralegal (CLA/CP) examination program is a voluntary professional credentialing program developed by NALA and administered by a board composed of paralegals, members of the American Bar Association and members in the field of education active in paralegal training. The CLA/CP program involves a two-day comprehensive examination covering the topics of communications; legal research; ethics; human relations and interviewing techniques; legal terminology; judgment and analytical ability and substantive law. Continuing legal education is required to maintain a certified status.

“Theirs is a great accomplishment that represents tremendous dedication to their profession and this office. It represents months of work and study after normal work hours as well as time from their weekends. It further represents peer support and teamwork as demonstrated by their study group. The CLA/CP exam is to paralegals what the Bar exam is to attorneys,” Bryant said.

NALA offers the CLA/CP exam three times a year. This December saw 352 examinees nationwide. Of those only 213 were successful. This is consistent with the average 60% pass ratio.

“Our office is very proud of the achievements of these paralegals.” Bryant said.

Our 19 paralegals excel in many areas and are active in the Tidewater Paralegal Association (TPA). Paralegal Team Leader Jaye Koch is the past president of this Association and is currently a Local Government Paralegal Association (LGPA) board member. Jodie Turner is the current president of TPA; Charlene Powell is the 2nd vice president; and Kristi Hopkins is the treasurer.

The Tidewater Paralegal Association will be hosting a membership campaign at the Virginia Beach Town Center City Club on Tuesday, February 9, 2010 from 5:00 p.m. to 7:00 p.m. Legal assistants, paralegals or students interested in learning more about TPA are welcome to attend.

Please call Julie Pickell if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Jerome Usher, 46 years old, was found guilty by a jury on two counts of First-Degree Murder. The Honorable H. Thomas Padrick, Jr. presided over the trial. The jury recommended a sentence of imprisonment for life on both counts. The formal sentencing will take place on March 30, 2010.

The Commonwealth’s evidence proved that on November 4, 2007, the defendant staked out the home of Evelyn Dillon, where his girlfriend had been staying. Ms. Dillon became concerned when seeing Usher sitting inside his truck and called a friend, James Vass, to stop by and make sure everything was secure. A few minutes after his arrival, Mr. Vass left to pick up Brenda Gregory-Brunette from work. Usher posted outside of the home until he saw Mr. Vass and his girlfriend, Brenda, arrive at the home. All three went inside the home with no conflict, while unbeknownst to James and Brenda, Usher concealed a hunting knife with a six-inch blade. Usher testified that he remembers Brenda dropping her head and Jim crossing his arms which triggered the killings. Ms. Dillon hid in her bathroom with her dog while she called the police. The defendant stabbed his girlfriend a total ten times and slit her throat. Mr. Vass was on his way to tell Evelyn to call the police but was stopped when the defendant fatally stabbed him in the back.

Usher dropped the knife upon his exit and drove to the police department. While driving, he called his brother and a couple friends confessing to them that he killed Brenda and the “white boy”. During Usher’s testimony, he claimed to be in a “daze” and didn’t remember the killings.

The defendant’s prior convictions consist of: Maiming and Use of a Firearm in the Commission of a Felony in 1997 in Newport News, Virginia.; Possession of Concealed Weapon by a Convicted Felon and Trespassing in 2004 in Norfolk, Virginia.

Deputy Commonwealth’s Attorney Scott M. Lang and Associate Commonwealth’s Attorney Eleanor Gaines prosecuted the case. Please call Julie Pickell if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Jason Lopes, 18 years old, previously residing in the 900 block of Maximus Square in Virginia Beach, was sentenced today by Circuit Court Judge William R. O’Brien to twenty (20) years for Robbery, three (3) years for Use of a Firearm in the Commission of a Felony and one (1) year for Wearing a Mask. Judge O’Brien suspended thirteen and a half years (13 ½) of the sentence, conditioned upon the defendant’s good behavior for twenty four (24) years and being placed on supervised probation.

The Commonwealth’s evidence would have proved that on March 23, 2009, Jason Lopes, while wearing a mask, entered the 7-11 located at 550 22nd Street in Virginia Beach. He then pointed a small silver handgun at the clerk and forced her to walk behind the counter. The defendant proceeded to follow the victim behind the counter and demanded that she give up the money in the cash register. While demanding money from the victim, the defendant put the gun to her head and forced her to open the cash register. Fearing for her life, the victim complied with the armed robber’s demands. Lopes then pointed a gun at another clerk in the store. Lopes fled the scene and was seen heading to the Cerca Del Mar motel located at 410 21st Street. He was apprehended at the hotel by members of the Virginia Beach Police Department.

The defendant, who was 17 years old at the time of the offense, had pled guilty to the charges on August 31, 2009, before the Honorable Patricia L. West.

Deputy Commonwealth’s Attorney Scott C. Vachris prosecuted this case. Please call Julie Pickell if additional information is desired.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Luis Rodriguez, 27 years old, residing in 5700 block of Broadwindsor Lane, having pled guilty September 22, 2009 and was sentenced today by Circuit Court Judge E.W. Hanson to thirty (30) years in the Virginia Department of Corrections on convictions of Aggravated Sexual Battery (3 counts). The Court suspended all but ten (10) years of the sentence conditioned upon indefinite supervised probation, 20 years good behavior, completing sex offender treatment, and payment of court costs. He will also be required to register as a sex offender.

Had the case gone to trial, the Commonwealth’s evidence would have proved that between February 1, 2009 through August 13, 2009, the co-defendant Moser called her eight year old daughter into her bedroom on several occasions and forced the child to touch the sexual organs of Rodriguez. Moser’s daughter disclosed the sexual abuse to a school counselor who reported the abuse to Child Protective Services. The child reported that these incidents occurred several times at Moser’s home and also at Rodriguez’s home. Initially the defendant denied any involvement but later provided a detailed confession.

Associate Commonwealth’s Attorney Paul J. Powers prosecuted the case. Please call Julie Pickell if additional information is desired.