Commonwealth v. Kyle Michael Harris; Planned Attack, Attempted Robbery Draws 15-Year Sentence

Monday, September 14, 2020

Colin D. Stolle, Commonwealth's Attorney for the city of Virginia Beach, announced that Kyle Michael Harris, age 33, was sentenced today by Circuit Court Judge Les L. Lilley for Aggravated Malicious Wounding, Attempted Robbery, Use of a Firearm (2 counts), Wearing a Mask, Conspiracy, and Possession of Firearm by Non-Violent Felon. Judge Lilley sentenced Harris to 35 years in prison with twenty (20) years suspended, leaving fifteen (15) years to serve. 

Harris pled guilty on January 28, 2020.  Had this matter gone to trial, the Commonwealth's evidence would have proven that on May 2, 2017, Kyle Michael Harris and his co-defendant, Paul Tracy, went to the Premier Office and Storage on Virginia Beach Boulevard to rob the victim.  Tracy contacted Harris to set up the robbery after a previous conflict with the victim. Harris and Tracy went to the storage unit wearing masks.  Tracy gave Harris a firearm to bring.  When they saw the victim leave the storage unit, Tracy struck him with a baseball bat.  When the victim took off running, Harris shot him in the back.  All of the men then fled the area.  Surveillance cameras captured the incident.  The victim survived the attack but has required several surgeries and has permanent physical impairment.

Cell phone records obtained by investigators showed phone calls between Harris and Tracy, as well as their travel to the area of the crime and then away from the scene immediately after the shooting.  Tracy admitted to police that he provided the firearm to Harris, that they went to the scene for the purpose of robbing the victim, and to striking the victim with the bat.  He said he did not know Harris would shoot the victim. 

Harris has prior convictions for Possession of Schedule I/II Drug, Disorderly Conduct, Reckless Driving (2 counts), Assault and Battery of a Family Member, as well as multiple probation violations and traffic offenses.   

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