Sentencing postponed in getaway driver’s case
WOODSTOCK — The sentencing hearing in the case against the local woman found guilty in the attempted robbery of Ben’s Diner was postponed Friday after her attorney was allowed to withdraw from the case.
Andrea Kristin Scalf, 44, was found guilty in June on conspiracy to commit robbery, being an accessory to a robbery, and child endangerment charges for her involvement in the January attempted robbery as the getaway driver. A pre-sentencing investigation was ordered, and Scalf was set to be sentenced Friday.
In the pre-sentencing investigation, which a probation officer conducts with the offender, Scalf made some disparaging remarks about her attorney, Margarita Wood. Those remarks caused Wood to file a motion to withdraw from the case, citing a breakdown in the relationship between the two.
Scalf alluded to not having enough information about the trial process from her attorney, but Wood noted that the two had multiple lengthy meetings going over evidence. Scalf told the court that she thought the pre-sentencing report would only go to probation officials, and that she was trying to be as forthcoming as possible.
“Presenting my feelings like this has created an issue with Ms. Wood,” Scalf said.
Circuit Judge Dennis L. Hupp noted that the statements made in the pre-sentencing report put Wood in an “awkward position,” and granted her motion to withdraw from the case. In addition to the sentencing hearing, Deputy Commonwealth’s Attorney Louis Campola plans to argue a motion for Hupp to reconsider his not guilty verdict on the charge of using a firearm in the commission of a felony.
Because Wood withdrew from the case, as well as a drug distribution case against Scalf that has not yet been tried, a new attorney or attorneys need to be appointed. A hearing date for that appointment has been scheduled for Aug. 16 in Shenandoah County Circuit Court.