​Commonwealth v. Leonard Gainer III; Felon on Probation Commits Attempted Sexual Assault; Sentenced to 11 Years in Prison​

Wednesday, October 19, 2016

Colin D. Stolle, Commonwealth's Attorney for the city of Virginia Beach, announced today that Leonard Gainer III, age 34, pled guilty and was sentenced for Attempted Forcible Sodomy, Assault and Battery of a Law Enforcement Officer, Forgery of a Public Record, Using Identification Documents or Information to Avoid Arrest, Resisting Lawful Arrest, and a Violation of Probation.  Circuit Court Judge H. Thomas Padrick sentenced Gainer to 25 years and 24 months in the Department of Corrections with 14 years and 24 months suspended, leaving 11 years to serve. 

Had this matter gone to trial, the Commonwealth's evidence would have proven that at about 1:00 a.m. on May 5, 2014, a 22-year-old female was walking to her apartment in the Runaway Bay apartment complex when an unknown male grabbed her from behind.  This assailant, later identified as Leonard Gainer III, knocked the woman to the ground and attempted to sexually assault her.  He pulled off her shorts and placed his mouth on her thigh, but she was ultimately able to fight him off, and he fled.  The victim immediately ran to her apartment and called 911.  Using the description she provided, police searched the area but no suspects were identified that night.  The Forensics Unit collected the victim's clothes and took swabs from her body, attempting to collect and preserve any possible DNA left behind by the suspect.

On May 29, 2014, a male fitting the same description of the assailant was found pulling on car handles in the same apartment complex.  Police attempted to make contact with the male, later identified as Leonard Gainer III, but Gainer assaulted an officer and attempted to flee.  Gainer was then charged with Assault and Battery of a Law Enforcement Officer and Resisting Arrest.  Further investigation matched Gainer's DNA with the attacker from the Runaway Bay assault.  He was subsequently charged with Attempted Forcible Sodomy while in jail awaiting trial for assaulting the officer on the night he was apprehended.  Investigators learned that he provided his cousin's name instead of his own, and he was in jail under this false name.  He was then charged with Forgery of a Public Record and Using Identifying Information to Avoid Arrest.

At the time of these offenses, Gainer was on probation for Robbery, and a probation violation was initiated by the Commonwealth's Attorney's Office.  He also has prior convictions for Burglary, Abduction, Conspiracy, Use of a Firearm, and Assault and Battery. ​

Assistant Commonwealth's Attorney Michael D. Defricke prosecuted this case. Please contact Macie Allen if additional information is desired.