Commonwealth v. Marlon Algenia McCall; Repeat DUI Offender Gets All of his Prison Time Back

Wednesday, February 20, 2013

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Marlon Algenia McCall, 38 years old, who previously resided in the 3000 block of Pewter Road in Virginia Beach, Virginia, was sentenced today by Circuit Court Judge H. Thomas Padrick for charges of DUI-4th or Subsequent Conviction within 10 Years and Possession of Cocaine. Judge Padrick sentenced McCall to 5 years with 4 years suspended.


At the time McCall committed these offenses, he was on court-ordered “good behavior” for convictions of DUI and DUI-3rd Offense within 5 Years.  These new criminal convictions were violations of his “good behavior” periods, which resulted in the Court revoking all of McCall’s prison time that was previously suspended. Judge Padrick today sentenced McCall to an additional 3 years, 6 months, and 345 days in prison for violating his probation.  His total sentence today is 4 years, 6 months, and 345 days to serve. This sentence far exceeds the Virginia State Sentencing Guidelines’ recommended maximum of 1 year and 5 months for the combined new offenses and probation violations.


McCall pled guilty to DUI-4th Offense within 10 years and Possession of Cocaine on November 19, 2012.  The Commonwealth’s evidence proved that at 3:30 a.m. on June 15, 2012, a Virginia Beach Police Officer found McCall sleeping behind the wheel in his truck in a left-hand turn lane at Virginia Beach Boulevard and Lynnhaven Parkway.  McCall smelled of alcohol, had slurred speech, and glassy eyes.  He attempted to perform field sobriety tests and showed impairment in all tests.  Further, two small bags of cocaine were found in McCall’s pockets when he was arrested.


McCall’s previous DUIs occurred on February 18, 2008, February 26, 2010, and April 19, 2010.


“McCall is an example of a repeat offender who hasn’t learned his lesson despite three previous DUI convictions,” Bryant said.  “He doesn’t appreciate or fear suspended jail time, and he continues to risk the safety of himself and others.”


McCall has a lengthy driving record of over 15 traffic infractions dating back to 1995.  Aside from three previous DUI convictions, McCall has convictions for Petit Larceny, Concealed Weapon, Driving as a Habitual Offender (3 counts), and Driving with a Revoked License (4 counts). 


The case was prosecuted by Associate Commonwealth’s Attorney Michael D. Defricke with assistance from law student Brian LaTuga.  Please contact Macie Pridgen if additional information is desired.