(Delmarvanow.com) -- A man who served time in prison for robbery and abduction will spend three months in jail for violating his probation for the second time.
Demetrick Downing, of Temperanceville, failed to show up for meetings with his probation officer and did not respond to phone calls or notes left at his address, Assistant Commonwealth’s Attorney Elizabeth Wolfe told the Accomack County court during a hearing Nov. 16.
She also told the court that Downing continued to test positive for marijuana use.
“He owes $1,199 in court costs,” Wolfe said at the hearing.
Wolfe told the court Downing was exposed to 15 years of time suspended from his original sentence of 20 years.
Downing was sentenced to 20 years in prison in 2010 on charges of robbery, grand larceny and abduction with 15 years suspended and sentences to run concurrently, according to a search of Virginia case records.
He was also placed on five years of supervised probation. The probation was revoked in 2016 after his first violation, court records show.
Downing’s defense attorney Patrick Robbins said his client was released from prison in October 2013 and has been working at Perdue Farms for the past four years.
“He got out of prison in October of 2013, has been consistently employed and has no new charges,” Robbins told the court.
He said Downing has lived at the same address and voluntarily pays child support.
Robbins said his client thought he had finished paying court costs and restitution when the garnishment of his wages were terminated. He said his client would like to have his probation terminated.
He called the three to six month sentencing guidelines for the probation violation, “a little harsh.”
Judge Judge W. Revell Lewis III disagreed.
“Your probation officer went overboard to help you,” said Lewis.
He ordered Downing to spend three months in jail and told him his probation would continue until Dec. 4, 2018 as originally set.
Lewis also said Downing was not eligible to serve his time with work release because of the nature of the crimes for which he is on probation.