CHRISTIANSBURG — Another part of Daniel Travis Devore’s legal problems went away Thursday as a woman he was accused of beating and strangling did not appear at his hearing in Montgomery County Juvenile and Domestic Relations Court.
With the alleged victim absent, Assistant Commonwealth’s Attorney Sam Norman moved to drop charges of malicious wounding and strangulation. Defense attorney Andrew Harman of Wytheville said that he had no objection and Judge Samuel Viar quickly approved the request.
It was the second time in a week that Devore, 31, of Christiansburg, had faced Montgomery County prosecutors and avoided conviction.
On Tuesday in the county’s Circuit Court, Devore was acquitted of possessing drugs with the intent to distribute them. The charge resulted from a Nov. 22, 2017, incident in which Devore overdosed on heroin at his father’s home in Christiansburg and police who answered a call for help discovered a trash can holding 37 pounds of marijuana.
Michael Travis Devore, Daniel Devore’s father, was charged in connection with the garbage can of marijuana. Later, after investigators interviewed Daniel Devore, he was charged as well.
Michael Devore, 61, resolved his case Monday with a plea agreement that left him convicted of possessing with the intent to distribute a smaller amount of marijuana — not the garbage can full of it, but a smaller bag found in his nightstand — and sentenced to serve three months in jail and pay a $100 fine.
Tuesday’s trial revolved around whether Daniel Devore had told investigators that his father was taking blame for the marijuana because he thought he would receive less prison time than his son, and if Daniel Devore had admitted that the marijuana actually was his.
Daniel Devore’s conversation with officers, which occurred in the Roanoke jail, was not audio-recorded, and written notes were not made until a month later, an officer said.
Michael Devore testified at his son’s trial and said the marijuana in the trash can was his.
Judge David Melesco said there was not enough evidence to connect Daniel Devore to the marijuana and acquitted him.
The alleged victim in Thursday’s wounding and strangulation case was Ciara Brooke Hungate, who investigators described as Daniel Devore’s girlfriend and who also was present at Michael Devore’s home when the marijuana was found in 2017. Hungate, 20, of Shawsville, was charged with drug possession, but the charge was dropped last year.