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while attempting to commit malicious wounding; the jury sentenced him to seven years. At that time, Judge Smith told the jurors that he seldom reduced a sentence given a defendant by a jury. He sentenced Mr. Leake to seven years in prison, but suspended two of those years and ordered Mr. Leake to serve them in supervised probation.
Before sentencing, Mr. Leake's attorney, Roy Bradley, argued that his client's crimes were not cold-blooded, and that his client was not a professional criminal.
Commonwealth’s Attorney Peter Luke said that Mr. Leake had completed boot camp and then had committed the violent offenses. "The defendant showed no remorse whatever for the actions he has committed," said Mr. Luke. He added that he felt Mr. Leake should get the full seven years.
Mr. Leake was also found to be in violation of probation, for not showing up for 21 appointments with his probation officer, nonpayment of court costs, aind not notifying his probation officer of a change in employment. Judge Smith ordered him to serve an extra five years probation when he is released from prison.
Last Thursday in Circuit Court, co-defendants Carol Kelley McLain, 34, of Hood, Virginia, and David Wayne Gay, 36, of Madison, were found guilty of unlawful entry, a misdemeanor, for entering Montpelier, a house in F.T. Valley owned by J.W. Fletcher. They were on trial for the unlawful entry charge along with a felony charge, breaking and entering, and unlawful destruction, a misdemeanor.
After. hearing the Commonwealth’s evidence, Judge W. Shore Robertson sustained two motions to strike made by Ms. McLain's attorney, John Morgan, and Mr. Gay’s attorney, Mark Williams.
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