Rappahannock News

Good news, bad news out of courts

‘Now that he’s facing jail, he’s seen the light’

- BY PATTY HARDEE

Nineteen-year-old Francis Blake Lester appeared recently in Rappahanno­ck County General District Court on numerous probation violations stemming from an incident on Sept. 6, 2019.

Lester was charged then with a rst DWI o ense, driving with an open container of alcohol in the vehicle, purchasing alcohol for someone under the age of 21, driving on a revoked or suspended license, and not reporting an accident. The open container charge was dropped, but he was found guilty of the other three charges.

He was sentenced to a total of 180 days in jail, all but five days suspended; and $1,756 in fines and court costs, which show on court records as unpaid. Then things got worse. He faces another charge in Juvenile Domestic Relations Court for extortion in writing.

Lester’s parole o cer Carrie Siegfried told Circuit Court Judge Charles B. Foley that Lester’s underlying problem is marijuana abuse. She said he missed several appointmen­ts with her, had not completed substance abuse treatment or the victim impact panel. Siegfried told Commonweal­th’s Attorney Art Go under questionin­g that Lester had submitted three voluntary admissions of marijuana use, but that her last phone contact with him had been on Sept. 21, 2020.

Lester himself testi ed that he suffered from anxiety and depression. “I mask my problems by smoking weed,” he said. “I know everything looks bad for me. My mother was trying to help me get into [treatment] and get my ducks in a row.”

When asked why he hadn’t contacted his probation o cer, he answered: “I was kicked out of my father’s house. I was living in my car. But since my son was born, I have changed my outlook on things.”

Lester’s attorney David Walls, in arguing for extended probation, told the court that Lester “didn’t have a phone, still doesn’t” and that he has no Internet access. “He’s got a lot going on, he’s only 19.”

“And yet he still had the resources to contact his marijuana dealer,” Go said in rebuttal. “Now that he’s facing jail, he’s seen the light.”

Go asked the court to send the message that it’s serious to be on probation, as well as a privilege.

Before pronouncin­g the sentence,

Foley addressed Lester. “I’m trying to make sense of your situation,” he said, noting Lester’s four violations. “What the hell do I do with people who put themselves in this situation? I could give you two years [in jail].”

Instead, the judge found him guilty of the four probation violations, and suspended his 8 month jail sentence. For two of the underlying charges, Foley sentenced Lester to 90 days in jail each, and suspended both sentences. For the DUI, Foley revoked Lester’s probation, resentence­d him to 85 days in jail, but suspended 70 days.

“A er 15 days in jail,” Foley told Lester, “you can live in your damn car if that’s what you want to do.”

He then remanded Lester to the Rappahanno­ck County Sheri ’s O ce.

AS FOR SOME GOOD NEWS

Philip Charles Polizzotti, 56, of Culpeper had his driving privileges restored. On January 21, Polizzotti’s attorney Frank Reynolds told Rappahanno­ck County Circuit Court Judge James E. Plowman that his client’s last DWI conviction was in 1996. Before that he had had two other DWIs and had been determined to be a habitual o ender. His license was revoked Jan. 8, 1997.

“That’s basically 24 years of good behavior,” Reynolds said. “Mr. Polizzotti is a grown man now, he works in Culpeper. He’s married to a ight attendant who has to plan her schedule around his work because he can’t drive.” He asked the court to give Polizzotti credit for the 24 years. Plowman granted the request.

Wesley Livingston Hall, 33, of Middleburg escaped further jail time by taking her own initiative in combating her drug addiction, which Plowman praised in his ruling. On May 18, 2018, Hall was indicted for heroin possession; in June she pled guilty and was sentenced to two years in the penitentia­ry, with one year and ten months suspended. In June 2020, she was found guilty of violating probation by again possessing heroin.

Her attorney Joseph Priccone told Plowman that at that time, she conceded her violation and voluntaril­y entered a drug interventi­on program. Priccone asked that Hall’s probation be extended.

“You’re facing almost three years in jail,” Plowman said to Hall. “That’s a pretty significan­t amount of time.”

Myra Fields, Hall’s probation officer, told the court that Hall had “put herself into treatment and successful­ly completed the program. [Ms. Hall] has maintained complete compliance with me.” Fields said that Hall had worked herself down to the lowest level of probation and had disassocia­ted herself with her previous friends who were also drug users.

“One of the leading things in maintainin­g sobriety is changing your environmen­t,” Plowman said. He then extended Hall’s probation to July 31, 2021.

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