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WOODSTOCK — Judge Dennis L. Hupp has ordered a Martinsburg, West Virginia woman to pay more than $100,000 to victims whose property, including two luxury cars, she destroyed.
Augusta Fleming, 34, pleaded guilty on May 10 to three counts of intentional destruction of property, petit larceny and possession of a controlled substance. Her plea agreement lessened the original charges, and she was given a 12 month suspended sentence on each charge. She was also ordered to pay $119,958.48 to the victims and an additional $1,275 in related court costs for a total of $121,233.48.
Her defense attorney, Allison Neal, told the court that Fleming is aware that she will likely be paying this restitution for the rest of her life.
According to the criminal complaints, Fleming damaged her ex-boyfriend Talbert Dehaven’s silver 2006 Mercedes with a crowbar in January 2015 at his home after an argument stemming from her trying to retrieve her belongings from the property. There was damage to the car’s hood, headlight and bumper, and Fleming was seen on Dehaven’s closed circuit televison kicking the front door several times before hitting Dehaven’s car and fleeing the scene.
When officers found Fleming, she told officers that she struck the car after “losing control,” the complaint states. A crowbar in her backseat had silver paint transfer, and two pill bottles with illegal drugs in her purse, one of which was prescribed to Dehaven.
Then, in June 2015, Fleming broke into Dehaven’s home while he was not there and damaged the home’s interior by covering almost everything in motor oil, breaking and cutting furniture, and spray painting several walls, a separate criminal complaint states. She also stole Dehaven’s 2008 Maserati and drove it to West Virginia. It was found parked at a shopping center near Dehaven’s home with extensive damage: the car was keyed, the leather seats were slashed, and the LCD screen in the car was shattered.
A neighbor identified Fleming’s car at the residence in the middle of the night, and when investigators found her, she admitted to destroying Dehaven’s property.
Dehaven has his own lengthy criminal record. He has forgery, fraud and theft charges in several Virginia and West Virginia counties dating back to 2000. In 2014, he was sentenced to six months in jail after he pleaded guilty to possessing a falsified U.S. Marshal’s badge in Martinsburg, West Virginia.
He was indicted in May 2016 in Shenandoah County Circuit Court on 17 counts of forgery after the execution of a search warrant found falsified driver’s licenses with Dehaven’s face and various different names. He was also charged with auto theft after state police discovered that the car he was driving was stolen from a Manassas Ford dealership. He pleaded no contest in February to credit card fraud, identity theft and forgery charges and is serving an 18-month sentence at the Fairfax County Adult Detention Center.
Deputy Commonwealth’s Attorney Louis Campola said during the court proceeding that Fleming was a witness in the case against Dehaven, which is why her plea agreement recommended a suspended sentence rather than jail time.
The restitution will be given out in a specific order. The Woodstock Police Department will be paid first in the amount of $125. Then, a woman named Dawn Lindhurst is supposed to receive $500, but it is unclear exactly why. Lindhurst did not respond to request for comment.
The court costs of $1,275 will be paid next, and then Erie Insurance, Lindhurst’s insurance company, will receive $18,600. State Farm Insurance, Dehaven’s insurance company, will receive the largest portion of the restitution with $99,633.48.
In light of the charges Dehaven is serving time for, Campola was not happy about Dehaven receiving any restitution whatsoever, but he did see that Dehaven will be paid last with $1,100.
Fleming is on a schedule to pay $100 each month toward the massive restitution amount. Hupp wants to review her payment progress on Dec. 6 and possibly increase her payment amounts at that time.
Contact staff writer Briahnna Brown at 540-465-5137 ext. 142, or firstname.lastname@example.org