By Jean A. Flanagan
Three men pleaded guilty to felony charges in Hardy County Circuit Court on Wednesday, Aug. 2.
With the help of an interpreter, Anibal Jose Camacho-Orengo, 27, of Moorefield, pleaded guilty to one count of burglary. Two other counts on the indictment – once count of grand larceny and one count of conspiracy – were dismissed.
According to court documents, while the victims were incarcerated at the Potomac Highlands Regional Jail, Camacho-Orengo broke into their apartment and stole two televisions, a DVD player, two gaming systems and three controllers.
Camacho-Orengo said the people he stole from, stole from other people. “They would steal from other people and brag about it,” he said.
“He was trying to teach them a lesson,” attorney Zelene Harman said. “We understand the Robin Hood defense wouldn’t pass muster with a jury.”
Harman said Camacho-Orengo was faithful in reporting to probation as ordered and was working.
[private] As part of the plea agreement, Hardy County Prosecuting Attorney Lucas See requested a 60-day evaluation, but when Camacho-Orengo protested that he would lose his job, Judge C. Carter Williams said he would consider sentencing based solely on the pre-sentence evaluation. A 60-day evaluation involves incarceration in a state facility for observation.
“If you continue to follow the terms of your bond, I may consider sentencing without the 60-day evaluation,” Judge Williams said.
Michael J. Hockensmith, 33, of Moorefield pleaded guilty to the sole count of the indictment, driving while license was revoked, third offense. His license was revoked in May 2010 for driving under the influence third offense.
Court documents show police were called for a disturbance in January. They observed an intoxicated woman exiting a vehicle and arrested her for driving under the influence.
Hockensmith told police he was the person who had driven the vehicle. Surveillance video confirmed Hockensmith was the actual driver.
“I went to get my girlfriend, who was drunk at a bar,” Hockensmith said.
As part of the plea agreement, See recommended Hockensmith be placed on home incarceration for a year.
“You understand there is a mandatory sentence,” Judge Williams said. “I can’t give you probation.”
Justen R. Smith, 19, of Moorefield, pleaded guilty to one count of possession with intent to deliver a Schedule I controlled substance – marijuana.
As part of a diversionary plea agreement, Smith’s guilty plea will be held in abeyance for three years. “This is like probation,” Judge Williams said.
If Smith follows the terms of release for the designated time, he can petition the court to reduce the charge to misdemeanor possession, pay a $100 fine and court costs.
Smith’s attorney, William Bean, maintained the marijuana was for personal use.
“There was not a large amount of marijuana, there was no money found,” he said. “We believe the diversionary sentence is fair.”
Judge Williams delayed scheduling sentencing until all pre-sentence evaluations are completed.