ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Saturday, December 2, 1995 TAG: 9512030018
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: S.D. HARRINGTON STAFF WRITER
NO BLISS FOR THIS BEER and its lover: A jury decided to let Patricia Flesher sweat it out. As for the beer, it's being given a proper burial.
It was only a 12-pack of beer and probably wouldn't have lasted through opening arguments.
But the defendant faced up to five years in prison, so she demanded a jury trial that lasted all of seven hours.
It was a petty larceny case that might have involved a 30-minute plea agreement in some instances. The trial, though, had Salem Circuit Court officials working overtime Thursday while Commonwealth's Attorney Fred King had to delay other cases.
A jury found Patricia Lynne Flesher guilty of misdemeanor petty larceny and, after the jury's recommendation, she was sentenced to 30 days in jail and fined $500.
She also will have to pay more than $1,500 in court costs - all for a $6.99 pack of Miller Lite Ice.
But Flesher's attorney, Ray Byrd Jr., said she had much more at stake than that.
Flesher had two prior petty larceny convictions. Her third would have been a felony, and guidelines called for as much as five years in a state penitentiary.
During the trial, the pack of beer rested as evidence on the prosecutor's table.
The incident occurred during a late-night party at the Salem Motel Court.
The defendant said the partiers had run out of beer and tried to arrange by telephone for a store to sell them some more - even though it was after midnight and state law forbids selling alcohol after that time.
Unable to persuade a clerk at a convenience store on West Main Street to sell them the beer, they went to the store to try to persuade him in person.
Flesher, however, said she thought the purchase had been arranged.
When they entered the store, the plan was for her to grab the beer and for her friend to pay the clerk.
Flesher did her part by leaving the store with the beer tucked under her arm.
But her friend didn't pay, and moments later, police arrested Flesher.
King said the jury could have found Flesher guilty of the felony petty larceny charge and still have recommended the same sentence.
But, because the jury must first decide guilt or innocence and then decide the sentence, they weren't aware of that.
As for the beer, it was sent to an evidence technician at the Salem Police Department on Friday for proper destruction.
LENGTH: Medium: 54 linesby CNB