Drunk Driver Sentenced for Wreck Injuring Two

Michael Jude Pinto III, a 35-year-old man of 97 Firetower Lane, Victoria, Virginia, was sentenced to more than 10 years in prison recently in Lunenburg County Circuit Court as a result of drunken driving, causing a motor vehicle accident with a deputy sheriff’s car, causing permanent injuries to two victims, and fleeing on foot from the scene of the accident until caught in a dragnet by local and state police.

Pinto pled guilty to three felonies and one misdemeanor on August 3rd before the substitute judge, Herbert C. Gill, Jr., of Chesterfield County, which included two felony counts of Causing Permanent Injury While Driving Under the Influence and Reckless Disregard, one felony of Child Endangerment/Neglect, and one misdemeanor of Driving Under the Influence, a Second Offense Within 10 Years.  A presentence report was prepared by the probation officer, and a sentencing hearing was conducted October 15th.

Special Prosecutor Joshua Hatchell, an assistant prosecutor with the office of Mecklenburg County Commonwealth’s Attorney Nora Miller, recited the past criminal record of Pinto, including a Breaking and Entering felony conviction in Lunenburg County in 1998 and a probation violation in 2000. Pinto also had previous convictions of Petit Larceny in 1999 in Lunenburg. He also had convictions in Prince Edward County of Grand in 2001, two separate offenses of Possession of Marijuana in 2005, Felony Possession of Controlled Substance in 2006, Hit and Run misdemeanor in 2006, Possession of Marijuana in 2010, and Felony Possession of Controlled Substance in 2010.

Hatchell also emphasized the permanent and extensive injuries to the two victims, Diana Clement, the wife of Lunenburg Commonwealth’s Attorney Robert Clement, who suffered a crushed shoulder and had to receive a total shoulder replacement, and Deputy Gail Berkley, who suffered a broken ankle and wrist.  The car driven by Berkley was totaled after it was struck head-on by Pinto and knocked down a steep embankment on the Burkeville Road in Lunenburg on April 6, 2015.

Hatchell also pointed out that a young child was in the car that Pinto was driving, along with a male and female friend.  The car belonged to the male friend’s father. The judge was also aware that Pinto fled on foot from the accident into some woods, causing a search for the next five hours until a state officer in an unmarked car saw Pinto’s mother picking him up in her vehicle and took him into custody.

Lunenburg Prosecutor Robert Clement who was recused from the case, stated that he attended the sentencing hearing, and found it to be conducted professionally and proficiently by both Hatchell and the defense counsel, H. Evans Thomas V of Appomattox.  He said Pinto took the witness stand and apologized to the victims for the harm he caused.

Clement said one of the most moving comments came from Judge Gill who asked the defendant did he know how he came to be where he was at the hearing.  Pinto replied because he had been drinking and driving. The judge responded that it was because he was an addict.  The judge noted that Pinto had children of his own and a mother who was ill, but that none of that mattered to Pinto, because he was an addict and was selfish, caring about no one but himself.

Clement said he was pleased and impressed and grateful for all the work everyone had put into the entire ordeal, including State Trooper Craig Hudson, who spearheaded the investigation, State Trooper Troy Clary who apprehended Pinto, and Mecklenburg County Commonwealth’s Attorney Nora Miller and her assistant, Joshua Hatchell.

In total Pinto received 15 years and 12 months on the convictions, with all suspended except 10 years and 30 days, subject to conditions of good behavior, substance abuse counseling, supervised probation, abstaining from and not possessing alcohol, warrantless searches, and restitution.