Mother of two asks judge for ‘another chance’

Kavanagh trial set for December, Wood pleads guilty to bad check charges

Audry Nicole Rhodes, 21, of Castleton, faced her review hearing for a probation violation at Rappahannock County Circuit Court on Monday.

Rhodes’ court-appointed supervisor, Warrenton-based Probation O˜ cer Myra Fields, tested that Rhodes, a mother of two, admitted to using substances, failed to report, and was charged again in Alexandria when her second child was born with metham-phetamine and opiates in its system. “[Rhodes] has a severe addiction problem,” Fields said, adding that it is “one of the most severe” she has seen in a person of Rhodes’ age.

Fields rec-ommended that the judge incarcerate Rhodes for a full year to separate her from the negative influence of her peers. Furthermore, Fields said Rhodes would benefit from mental health services, anger management and sub-stance abuse treatment, although she has yet to undergo a full mental health evaluation. Commonwealth Attorney Art Go supported Fields’ recommendation.

Rhodes’ attorney, Jessica Clay, argued that the one-year incarceration was unduly lengthy, and, since Rhodes has not yet undergone a complete mental health evaluation, could prove ine ective. Clay suggested six months of incarceration with the hope that Rhodes’ might get speedier access to treatment. A er hearing testimonies from both parties, Judge James E. Plowman turned to Rhodes, who was present via video conference, and asked her what she wanted.

Rhodes replied that a er being incarcerated for nearly a year already, she wants to attend a rehabilitation program. “I want a chance. I have an eight-month-old baby at home. I want a better life. I want another chance,” she said in tears.

Judge Plowman responded that the court would be willing to o er her some assistance and urged her to take advantage of it. The court proceeded to revoke Rhodes’ previous two-year suspended sentence and re-suspended her for one year and four months.

Upon release, Rhodes will be placed on probation for three years will undergo a full mental health evaluation, as well as face random drug and alcohol testing. Judge Plowman also said that as a condition of her probation, Rhodes must attend at least one Narcotics Anonymous meeting per week for six months and nd an NA sponsor.

Franklin Todd Berry, Jr., Rhodes’ noted “involved” acquaintance, also appeared before the court on Monday for a probation violation review hearing. The 29-year-old Amissville resident presently has two separate sets of probation conditions in place, and the violation in question was his fourth on the original set and his rst violation on the second.

Judge Plowman said that it is rare to see individuals with as many as four probation violations “because it shows that you are not taking the conditions of your probation seriously.”

Fields, who has supervised Mr. Berry for the past ve years, testi ed in his case. She stressed Berry’s need for substance abuse and mental health treatment. Berry has never been sober enough to receive a full mental health evaluation.

According to Fields, Berry’s most recent transition to probation was the “best adjustment he has ever had to the probation program.” She added that it was the rst time he had ever fully admitted to his substance abuse problem.

“Mr. Berry would bene t from a term that would keep him away from his negative peers and negative family members. I do believe a signi cant number of Mr. Berry’s family members have been involved in this court,” she said.

Berry’s attorney, David Walls, urged the court to consider the “grey area of knowledge of what is going on with [Berry’s] mental health.” However, Judge Plowman expressed concern for Berry’s adjustment to probation, stating that “if this is the best adjustment you have had, I don’t want to look back.” Judge Plowman then revoked Berry’s probation in full.

In another case of substance abuse, Brittney Michelle Lee, 33, of Washington, also appeared on Monday for a sentence modi cation. Lee, who has had four DUIs within the last ten years and a probation violation, sought a bed-to-bed transfer to the Friends of Guest House rehabilitation program in Alexandria. The program recently had an opening and there was concern that the facility would not hold the spot for her.

While Judge Plowman agreed that the Guest House program could potentially bene t Lee, he said that he “would feel more comfortable if she was toward the end of her sentence.”

Lee has so far served 14 months of her two-year sentence. Judge Plowman also praised Lee, saying that this is a “good initiative” from her, and said he would entertain the possibility of a bed-to-bed transfer during the final 45 days of her sentence if there were to be another vacancy at the facility.

A vocal proponent of rehabilitation and the Alcoholics Anonymous program emerged in Jerry Talton, the attorney for Mark Lee Jenkins. Jenkins — one of two Mark Jenkinses on Monday’s docket (the other was Mark Lewis Jenkins, 34, of Culpeper, who faces charges of breaking and entering to commit larceny, grand larceny and probation violations) — was appearing in court for a civil case concerning the restoration of his driver’s license.

As he advocated for Jenkins’ rights to be restored, Talton attested to the success of the Alcoholics Anonymous program, stating that it was one of the most successful he has ever seen. Jenkins declared that he has been sober since March of 2014, and ultimately had his request granted by Judge Plowman.

OTHER COURT ACTIONS

The Grand Jury returned three indictments against Brandon Michael Tessitore of Flint Hill on Monday. Tessitore, 28, faces charges of distribution of a Schedule I drug, strangulation, and assault and battery.

Thighe Joseph Kavanagh, 54, of Washington, received a date for his upcoming jury trial. Judge Plowman determined that the trial would require at least four days due to the presence of

ve forensic scientists and two minor child witnesses who would need to testify through closed circuit television. Ultimately, nine days were set aside — Dec. 13 through 22 — for the trial that concerns the non-fatal shooting of a child. Go noted that there has been di culty seating the jury due to press coverage and requested that it be seated and conducted in neighboring Fauquier County.

Lawrence “Junior” Wood Jr., a 45-year-old contractor based in Amissville, pleaded guilty to a felony bad check chage and misdemeanor bad check charge on Monday. Attorneys requested additional time to further discuss the construction fraud case and it was determined that it will be continued on March 18.