Teen admits to drive-by shooting

By Linda Cicoira

A teenager described by Commonwealth’s Attorney Jack Thornton as the “driving force” behind a drive-by shooting at a barbecue/party last June, in Bayview, pleaded guilty to seven felonies and a misdemeanor in Northampton Circuit Court Tuesday.

Nineteen-year-old Nykeem Ijour Bailey, of Walnut Lane in Birdsnest, waived formal arraignment and admitted to malicious wounding by a mob, shooting at an occupied vehicle, shooting from a car, destruction of property, maliciously shooting at an occupied dwelling, use of a firearm in a felony, possession of a firearm by someone convicted of a crime as a juvenile that would have been a felony if he had been an adult, and reckless handling of a gun.

Judge Lynwood W. Lewis Jr. said the maximum punishment for the crimes is 63 years in prison and a fine of $312,000.

Thornton said three felonies were dropped in a plea bargain and were covered by the other seven charges. The deal called for between three and five years of active time, according to estimated guidelines, supervised probation of five years, and good behavior of 20 years. It also called for Bailey to have no contact with the co-defendants. He was prohibited from ever visiting the Bayview community. Thornton said it was suspected that the crimes were gang-related, but no proof of that was offered.

Thornton proffered that Bailey had been hanging around in the New Roads area of Exmore with three codefendants, 19-year-old Nicholas Edward Petrillo, of Seaside Road in Painter, 19-year-old John Barber of Redwood Road in Onancock, and 15-year-old Massai Lamir Giddens, of Foresttown Drive in Norfolk, who was tried as an adult and is related to Bailey.

It was just after midnight on June 15 when the group decided to go to the Bayview area of Cheriton for a drive-by shooting. One vehicle was hit a few times with gunfire. A nine-year-old boy was asleep in the back of a rental car when bullets or shrapnel hit the vehicle and busted out the windows. The child was not a target and was not injured physically. At a nearby home, a man was watching television when his water heater was struck, and a bullet went into a desk drawer. A woman, who was outside at the gathering, was shot in the foot.

Thornton said Bailey used a 9 mm handgun that was never recovered. He was in the back seat of a Chevy Malibu and fired out the window. Other guns used were a 15 mm and a shotgun. The prosecutor said, “Many, many shell casings were recovered.” The Malibu belonged to Petrillo and was later found at his home. Thornton said white exterior house paint was used to change its appearance. He noted that there was “no proof Bailey had anything to do with that.”

Judge Lewis accepted the agreement and ordered a long-form presentence report. Sentencing was set for Oct. 7. Restitution will be determined and disclosed at that time.

Thornton said if Bailey is ever caught in possession of a firearm, he could be sentenced to five years in prison.