Commonwealth v. James Markie Averhart; Robberies while on Bond in Norfolk Draw an Additional 18 Years, 10 Months in Prison

Tuesday, February 14, 2012

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that James Markie Averhart, 22 years old, who previously resided in the 600 block of Mulberry Lane in Chesapeake, Virginia, was sentenced today by Circuit Court Judge Glenn R. Croshaw for two (2) counts of Robbery.  Judge Croshaw sentenced Averhart to 30 years in prison, then suspended all but 18 years and 10 months.  Averhart pled guilty on December 21, 2011. 

Had this matter gone to trial, the Commonwealth’s evidence would have proved that on June 2, 2011, James Markie Averhart made plans over the phone to meet up with two men to smoke marijuana in the Bayside area of the City of Virginia Beach.  The two men knew Averhart as “A.V.” and had met him at Tidewater Community College.  After the men arrived, Averhart took them down an alleyway and pulled out an item the victims believe was a gun.  Averhart hit one man over the head, requiring him to get stitches.  He then robbed both men of their cell phones, wallets, money, and marijuana. Following an investigation by detectives with the Virginia Beach Police Department, both victims identified Averhart as the robber.  Averhart confessed to the robberies, but denied using a firearm. 

When he committed these offenses, Averhart was on bond in Norfolk for charges of Robbery, Conspiracy, and Use of a Firearm.  In October 2011, he was sentenced to eight (8) years in prison, bringing his total penitentiary sentence to 26 years and 10 months.

The case was prosecuted by Associate Commonwealth’s Attorney Michael D. Defricke.  Please contact Macie Pridgen if additional information is desired.