Wednesday, November 26, 2008
Prosecutors win sentencing appeal in firearms cases
A panel overturned a judge's decision to sentence two Bedford County teens in the juvenile system.
Two Bedford County cousins sentenced as juveniles for robbing a late-night poker game must be resentenced and could now face long prison terms.
In a decision Tuesday, the Virginia Court of Appeals ruled that Circuit Court Judge James Updike should have imposed mandatory prison sentences for the two youths -- rather than shorter terms in juvenile correctional facilities.
The decision could mean 23 years in prison for Demetrious Omar Brown, who was 16 when the robbery happened, and Dwayne Jamar Brown, who was 15 at the time.
Wearing masks and accompanied by a 22-year-old man, the Brown cousins burst into an apartment on Centerville Road north of Bedford late on the night of March 9, 2007. At least 11 people had gathered in the apartment for a poker game and party, according to earlier testimony.
One robber had a rifle; the other two had pistols. Five people were ordered into a back room and told to lie down on the floor. After taking cash and cigarettes from the guests and firing a shot into the ceiling, the robbers fled.
Demetrious and Dwayne Brown each pleaded guilty to 18 felonies: 11 counts of robbery, five counts of using a firearm in a felony and one count each of shooting in an occupied building and breaking and entering while armed.
Both teens were tried as adults. But at sentencing, Updike decided to treat the Browns as juveniles on the firearms charges. Had those charges been handled in Circuit Court, they would have carried a total mandatory minimum sentence of 23 years.
Updike sentenced Demetrious Brown to a juvenile correctional center until his 20th birthday. Dwayne Brown was ordered to remain in juvenile custody until he turned 18, then serve 24 months in jail.
The remaining charges against both teens were handled in Circuit Court, with Updike giving both of them suspended prison sentences.
At the time of sentencing, Updike reasoned that he could handle the firearm charges in the juvenile system because state law did not define them as violent felonies.
Prosecutors appealed that decision, and on Tuesday a three-judge panel of the Court of Appeals ruled 2-1 in their favor. In Virginia, prosecutors can appeal only in limited cases, such as when a judge rules against them on a motion to suppress evidence, or when they believe sentencing rules are not followed.
"It's relatively rare," said Bedford County Assistant Commonwealth's Attorney Mark Robinette, who handled the cases.
The 22-year-old involved in the robbery, Tyrell D. Spinner, was sentenced to 23 years on the firearms charges, the mandatory minimum. His case was not involved in the appeal. Because the Browns could challenge the appellate court ruling, it's unclear when they will return to Bedford County Circuit Court for another sentencing.





