Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that  Claude Michael Scialdone, 65 years old, previously residing in the 1200 block of East Ocean View Avenue, Norfolk, Virginia, appeared before the Honorable J. Warren Stephens, Judge Designate to the Circuit Court of the City of Virginia Beach on a charge of  Possession of Cocaine.  Scialdone pled guilty without any agreement.  Since he had no record, the Court granted him a deferred disposition, conditioned on good behavior for one (1) year, supervised probation through the Office of Community Corrections which is to include substance abuse assessment and treatment as recommended by the caseworker.  Scialdone must also perform 100 hours of community service and remain drug and alcohol free.  The Court restricted his driver’s license and ordered that he return on March 9, 2011 for a final disposition of this case.                

Had this matter gone to trial, the Commonwealth’s evidence would have proven that on August 8, 2009, a concerned citizen contacted the police using the RAID number, regarding a vehicle that he observed drive into a ditch on the 2900 block of Indian River Road.  When officers arrived, they found the defendant standing next to his car.  Scialdone was disoriented and smelled of alcohol.  After he refused to speak with officers or take an alcohol test, he was arrested on suspicion of driving under the influence of alcohol.   After the arrest, Scialdone was searched and cocaine was found in his pants pocket.  During an inventory of the car after his arrest officers found a cooler with cold bottles of Coors Light beer and Pinnacle Vodka.  Scialdone was charged with Driving Under the Influence, Refusal to Perform a Blood or Breath Test, Reckless Driving and Possession of Cocaine.

Scialdone appeared before the Honorable Tristan Hyde, Judge Designate, in General District Court on October 29, 2009 and entered a guilty plea on the charge of Driving Under the Influence.  He was sentenced to thirty (30) days in jail, all of which was suspended, conditioned on good behavior for twelve (12) months, payment of a $500.00 fine, $250.00 of which was suspended, his driver’s license was restricted for twelve (12) months and he was ordered to enter and complete the Alcohol and Safety Action Program.   The Court dismissed the Refusal charge on the defendant’s motion. The Commonwealth moved to nolle prosequi the Reckless Driving charge as a defendant cannot legally be tried on both Reckless Driving and DUI.        

Senior Assistant Commonwealth’s Attorney L. Diane Nelms prosecuted the case.  Please call Julie Pickell if additional information is desired.