By Alex Bridges -- email@example.com
WINCHESTER -- A Frederick County man received prison time for his role in a mob-related attack on two men near Shenandoah University in 2010.
Judge John E. Wetsel Jr. sentenced Jeffrey A. Lineburg Jr., 24, of 352 Bufflick Road, on Tuesday in Winchester Circuit Court to 10 years in a state penitentiary for committing one count of malicious wounding by mob on May 25, 2010. Wetsel suspended six years and six months of the sentence and ordered Lineburg to serve four years of supervised probation upon his release from incarceration.
Wetsel had sentenced Lineburg to 12 months in jail for misdemeanor assault and battery by mob and ordered the time to run concurrent with the felony term.
The judge also ordered Lineburg to pay his share of the $6,015.77 in restitution owed in the case with co-defendant Jimmey L. Lambert, 25, 303 Hackberry Drive, Stephens City. Lambert also had received a 10-year prison term with six years and six months suspended for malicious wounding by mob at his sentencing in June and 12 months in jail for assault and battery by mob.
Lineburg pleaded guilty to the charges in an agreement reached between the commonwealth and his attorney, David Hensley. The agreement allowed parties to argue for a time of active incarceration from three years to a cap of three years and six months.
Hensley at sentencing Tuesday argued his client should serve no more time than the minimum under the agreement of three years.
"It definitely seems fair to me," Hensley said.
The attorney argued the court should not punish his client more than it did Lambert. Hensley noted that prosecutors dropped similar charges against a fourth co-defendant, identified in court records as Ryan L. Lafollette.
Assistant Commonwealth's Attorney Marc Abrams responded by noting that Lineburg told authorities Lafollette had no involvement in the assault.
Wetsel sided with Hensley on the issue of restitution and ordered that his client pay the money owed "jointly and severaly" with Lambert, meaning the co-defendants would share in the responsibility. Hensley argued against an effort by the commonwealth to ask the court to make Lineburg pay a higher share of the restitution than other co-defendants.
Daniel Yaggi, 21, of 105 Highview Circle, Winchester, received a 5-year prison term with all but 12 months in jail to serve for a charge of unlawful wounding, plus a concurrent 12-month sentence for assault and battery by mob.
Authorities said the three defendants who pleaded guilty were involved in the wounding and assault which left two men injured. The wounding sent one man to Winchester Medical Center and he ultimately had to undergo facial surgery, according to Abrams.