ACCOMACK Co., Va. (Delmarva Now) -- An Accomack County man was convicted on two counts of distributing cocaine on April 13 in Accomack County Circuit Court.
Jarvis D'von Scarborough, 26, of Painter pleaded not guilty to both counts and also to a charge of eluding a police officer and a capias for failure to appear in court.
Scarborough sold cocaine on two consecutive days in August 2015 to a confidential informant working for the Eastern Shore Drug Task Force, according to testimony during a bench trial. Video of the drug sales was shown in court.
Defense attorney Kenneth Singleton said the informant was unreliable, noting the person has a pending sentence for a previous conviction and is no longer used by police for drug operations in Accomack County after being convicted of adulterating evidence.
Commonwealth's Attorney Spencer Morgan called six witnesses to testify, including drug task force officers, an employee with the Department of Forensic Science laboratory in Norfolk and the informant.
Joshua Marsh, an Accomack County Sheriff's Office investigator working with the task force, testified a controlled purchase of $50 of cocaine took place Aug. 5, 2015 at a location on Keller Pond Road and another purchase, this time for $60 of cocaine, took place at a different location in Accomack County the next day.
Both encounters between Scarborough and the informant were captured by a recording device, he said.
Marsh testified that he and Special Agent Scott Wade were working in the Onley area the evening of Oct. 21, 2015 when he spotted a green Ford Crown Victoria and identified Scarborough as the driver, resulting in a traffic stop near the Chesapeake Square Shopping Center.
The driver after at first stopping "peeled out at a high rate of speed" and the two officers, in separate vehicles, gave chase, he said.
The driver turned off Route 13 onto Overpass Drive and lost control of the vehicle briefly, failing to stop at the stop sign. He then regained control and drove through a parking lot. He made a sharp turn onto Savage Street and crashed into a large bush, which stopped the car.
The driver then fled on foot across the yard of an abandoned house, Marsh said.
Marsh drove after him through the yard — that's when he got a good look at the driver, he said.
"Mr. Scarborough looked back right through the windshield, right at me," he said.
Singleton said the male members of the large Scarborough family have a strong resemblance to one another and said the vehicle was not registered to Jarvis Scarborough, but Marsh said he was sure it was the defendant driving the car.
The driver was not apprehended that night, despite a tracking dog and additional officers being brought in.
Wade testified he identified the driver as Scarborough as they were driving side by side at one point during the chase.
Marsh testified he kept the two bags of cocaine bought by the informant in August 2015 in a secure locker at the Accomack County Sheriff's Office until he transported them to the Norfolk laboratory for analysis.
Other officers testified about searches done of the informant and the vehicle before and after each of the controlled drug buys.
The informant admitted during testimony to using drugs, including cocaine, for around 18 years, but had completed a 65-day rehabilitation program.
No promises related to the pending sentence were made by officers, the person said.
"It couldn't be clearer that this defendant is the driver of that car," Morgan said, showing part of one of the videos a second time during his closing argument.
He said the informant has a drug problem, but added, "It's because of people like Mr. Scarborough selling those drugs that that can continue to happen."
The informant "knew exactly who Mr. Scarborough was and knew exactly who to call when he wanted some cocaine," Morgan said.
Judge W. Revell Lewis III found Scarborough guilty of two charges of cocaine distribution and also the eluding charge.
"If all there was was (the informant's) word, it would probably create a reasonable doubt," Lewis said, but added the video showed, "You were driving that car."
The case was continued for sentencing to August.