Accomack County Circuit Court Indictments

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By Nancy Drury Duncan – 

David Joseph Fisher, 25, of New Church, who pleaded guilty to burglary and malicious wounding in October 2021, was sentenced to five years in prison. 

In February 2021, a deputy was called to the Pine Ridge mobile home park in Melfa. The man there reported that Fisher came inside, attacked and stabbed him. He said the woman there was formerly in a relationship with Fisher. 

The defendant entered through a window over the kitchen sink and found a knife nearby, said Commonwealth’s Attorney Spencer Morgan. The man and woman hid in the bathroom but Fisher got to the man and stabbed him repeatedly. He was taken to a hospital with serious injuries, Morgan said. He said Fisher’s wallet was found at the scene. 

“This was a violent offense,” said Judge W. Revell Lewis III. “You broke in in the nighttime, picked up a knife, and stabbed a person numerous times.” He sentenced Fisher to 10 years for the burglary, with eight years suspended, and 10 years for malicious wounding, with seven years suspended. The sentences are to run concurrently for a total of five years. He ordered Fisher to be on supervised probation for three years and to be on good behavior for 10 years. He was ordered to have no contact with the victim. 

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Robert Elmer Johnson III, 38, of Atlantic, who pleaded guilty to felony shoplifting and trespass late last year, will serve no more jail time. He has made efforts to deal with his substance abuse issues since his arrest on these charges, said defense attorney Tucker Watson. He said his client had completed a drug treatment program and was doing well. 

“He has struggled and has had a rough go of it,” he told the court. He said Johnson has had no new larceny convictions since this arrest on these charges. “The Walmart theft was not well thought out,” Watson said. 

Watson said Johnson had the cash in his pocket to pay for the stolen $40 bottle of cologne. This theft was charged as a felony because of earlier shoplifting convictions. “It would no longer be considered a felony,” Watson said, referring to the change in Virginia law. 

“It is fantastic he sought out help,” said Assistant Commonwealth’s Attorney William Fox. 

“You have a record of not following the law,” said Judge Lewis. “But the court notes what you have accomplished since your Nov. 4 guilty plea. Congratulations on turning things around.” He sentenced Johnson to three years, with all but time served suspended, for shoplifting and to six months, all suspended, for trespass. He ordered him to be on supervised probation for two years and on good behavior for five years. 

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Barbara Annette Powell, 49, of Accomac, who pleaded guilty to obtaining a controlled substance by fraud, will spend no time in jail. 

In November, Powell entered a guilty plea to the charge in an agreement with the commonwealth. Powell was employed as a home health care nurse when she took prescription medicines assigned to patients. 

Assistant Commonwealth’s Attorney Michael Baker said the reason for the plea agreement, which contained a recommendation for a suspended sentence, was because no patients were harmed by her actions. 

“She has been receiving treatment since this occurred,” said defense attorney Tucker Watson. Judge Lewis sentenced her to three years, all suspended, and ordered her to be on supervised probation for two years and to be on good behavior for five years.

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