Release Date: Monday, October 26, 2009 4:15 p.m.
Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that James Austin Devoe, Jr., 34 years old, who previously resided in the 1300 block of Pershing Court, Virginia Beach, Virginia, was sentenced today by Circuit Court Judge Edward W. Hanson, Jr., on one (1) count each of the following charges; 2nd Degree Murder, Use of a Firearm in the Commission of a Felony, Possession of a Firearm while Possessing with the Intent to Distribute a Schedule I/II Drug, Possession of a Firearm by a Convicted Felon, Possession with Intent to Distribute a Schedule I/II Drug – 2nd Offense, Possession of Marijuana, Hit & Run with Property Damage to Unattended Vehicle, and Refusal of a Blood/Breath Test. Judge Hanson ordered the defendant to serve fifty-three (53) years in the Virginia Department of Corrections. The Court suspended twenty-nine (29) years of that sentence, leaving the defendant a twenty-four (24) year active sentence to serve.
Had this matter gone to trial, the Commonwealth’s evidence would have proved that on October 4, 2008, James Devoe was hanging out with various friends and acquaintances, to include the victim Dwayne Jones, at the home of the victim’s mother-in-law in County View Trailer Park. The defendant and Dwayne Jones had known each other since childhood. They had a falling out approximately a year prior to the murder, but had reconciled their differences. At some point during the day, the defendant thought that he was missing some drugs and left the residence. He returned later and approached Mr. Jones, demanding to know where his drugs were. Mr. Jones denied having the defendant’s drugs at which time the defendant shot the unarmed Mr. Jones in front of multiple eyewitnesses. The defendant’s gun jammed after shooting Mr. Jones a second time. The defendant then fled from the crime scene, leaving Dwayne Jones to swiftly succumb to his wounds.
Devoe has a prior felony record that includes Possession of Cocaine in Northampton County, VA, in 1995, and Possession with Intent to Distribute Cocaine in New Jersey, in 1998. The defendant also has misdemeanor charges of Disturbing the Peace in Virginia Beach in 1994; Disorderly Conduct in Virginia Beach in 1995; Public Intoxication in Virginia Beach in 2004; and Disorderly Conduct in Norfolk in 2006.
The case was prosecuted by Associate Commonwealth’s Attorney Eleanor J. Gaines and Associate Commonwealth’s Attorney Wendy R. Alexander. Please call Julie Pickell at 385-8545, if additional information is desired.
Similar Press Releases: 2nd degree murder, drug charges, felony, firearm charges, Harvey Bryant, hit and run
