ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, January 6, 1996 TAG: 9601080008
SECTION: VIRGINIA PAGE: C4 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
A Roanoke judge will reconsider the sentence he gave to Phillip Sirrine, a courteous carjacker who had never been in trouble before he went on a 38-hour crime spree in 1994.
Sirrine, 22, is serving a 20-year sentence for robbery, carjacking and firearm convictions in Roanoke, Staunton and Albemarle County. Half of his sentence came from Roanoke Circuit Judge Richard Pattisall, who sentenced Sirrine to 26 years - with 16 suspended - for crimes that included the carjacking of a Roanoke pizza delivery driver, which started the spree.
At a hearing Friday, Pattisall granted a motion by defense lawyer Gary Lumsden, who had asked the judge to hold a hearing to consider suspending part of the sentence Sirrine received in Roanoke. Because the rest of the sentence involved mandatory sentences for firearm offenses, the most Pattisall could suspend would be five years.
A hearing has not been scheduled for Pattisall to reconsider the sentence.
Assistant Commonwealth's Attorney Ann Gardner had objected to Pattisall even taking up the issue - arguing that he lost jurisdiction of the case after Sirrine was transferred from the city jail to the state prison system last year to begin serving his sentence.
In making his request, Lumsden provided an affidavit from Sirrine's victim saying she would not object to his receiving a lighter sentence. The woman had said earlier that Sirrine was unusually polite when he ordered pizza and then robbed her at gunpoint, explaining that he was on his way to recruit mercenaries to fight in Mexico.
Sirrine apologized for the inconvenience, the woman told police at the time, and then dropped her off at a pay telephone and made sure she had plenty of change to call for help. Sirrine then drove to Staunton and Albemarle County, where he has been convicted of robbing stores.
A psychiatrist has testified that Sirrine was suffering from the delusion that he was on some sort of military mission at the time of the offenses.
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