By Wesley Edwards
On Thursday in Accomack County Circuit Court Demetrick Downing was facing his 2nd probation violation exposed to 15 years after having served five.
The probation Department reported that they had tested Mr. Downing the morning of the hearing and he tested positive for marijuana. It was pointed out that the defendant had not paid $1,105 due in court cost since his first probation violation.
Defense attorney Pat Robbins told the court the defendant was working full-time and had been nailed for 4 years at Purdue. That the defendant’s probation started in October 2013 and there had been no new charges other than the probation violations. Robbins also pointed out that prior to the conviction on robbery grand larceny and abduction, the defendant had no other record. Robbins admitted that he had been discharged from the New life program for missing meetings and that he had simply failed to report to probation in his opinion simply because he knew he was going to fail the drug test. Robbins then asked the court to follow the guidelines for the 2nd probation violation and release him as scheduled from probation on December 31, 2018.
The Commonwealth’s attorney Elizabeth Wolf told the court the defendant had been sentenced to 20 years and had served 5 and that he had only attended one probation meeting since his release. She also confirmed that he had still made no payments on nearly $1,200 in court costs.
Judge Lewis told the defendant that he had failed or been rejected from the new life, had continued to be tested positive for illegal substances, failed to attend meetings as scheduled, failed to return phone calls and or text messages, therefore he was reimposing the remaining 15 years from his original sentence but suspending it all but 3 months.