Teens plead guilty to breaking and entering, popcorn theft

WOODSTOCK — Two teens involved in a March break-in of a Shenandoah County residence pleaded guilty on Wednesday to related charges as part of a plea agreement.

Devin Joseph Fitzgerald, 19, of Basye, and Michael Roy Dwyer Jr., 18, of Mount Jackson, were charged with breaking and entering, property destruction and petit larceny after the two, along with Kaleb Ryan Williams, 20, broke into the residence by kicking a hole in the basement door. Williams pleaded guilty on charges related to the incident in May.

When the three entered the residence, they grabbed a bag of microwave popcorn from a kitchen cupboard and popped it before a deputy found them at the scene.

Marijuana and a smoking device had also been found at the scene, and all three smelled of alcohol, Assistant Commonwealth’s Attorney Angela Landes said during Wednesday’s hearing.  The related charges – marijuana possession and underaged alcohol possession – were dismissed as part of the respective plea agreements.

The agreements also called for a deferred disposition on the breaking and entering charges under the condition that the two complete two years of unsupervised probation and 200 hours of community service each. If the probation is completed, the breaking and entering charge will be amended to a misdemeanor trespassing charge. If either violates the probation terms, he could be convicted on the breaking and entering charge.

Circuit Judge Dennis L. Hupp gave both Fitzgerald and Dwyer a suspended sentence of 24 months in jail for the petit larceny and the property destruction charges. After successfully completing the two years of unsupervised probation, they must serve an additional suspended sentence of 12 months on the trespassing charge.

Fitzgerald and Dwyer are set to return to Shenandoah County Circuit Court on July 10, 2019 when the judge will make a final ruling on the deferred breaking and entering charges.

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