WOODSTOCK — An Augusta County man must serve jail time for forging hundreds of dollars in checks in 2017.
Judge Kevin Black sentenced David Lee Nuckols in Shenandoah County Circuit Court on Wednesday to nine years in prison for three counts of check forgery. Specifically, Black sentenced Nuckols, 47, of Lyndhurst, to three years with two years and six months suspended for forging a check for $255 made out to Sheetz and drawn on the account of Virginia Hay Company LLC. Black sentenced Nuckols to three years in prison, all time suspended, for each of two counts of the same offense.
The judge ordered Nuckols to complete three years of supervised probation and to pay $3,520 in restitution to Sheetz. Black allowed Nuckols to report to Rappahannock-Shenandoah-Warren Regional Jail on June 1.
The judge granted a motion by Assistant Commonwealth’s Attorney Amanda Strecky to dismiss Nuckols’ remaining 16 counts of obtaining money by false pretenses.
Assistant Public Defender Peter McDermott represented Nuckols.
Indictments handed up by a grand jury Feb. 14, 2018, charged Nuckols with forging the checks on different dates in early December 2017 and obtaining money by false pretenses.
One of Nuckols’ previous attorneys, Darlene Rockwell, filed a motion in early September requesting the court to order the defendant to undergo a mental examination to evaluate his competency to assist in his defense and to stand trial. Rockwell also sought the evaluation to determine Nuckols’ mental state at the time of the offenses.
“The Defendant’s court appointed counsel had difficulty conducting a meaningful interview with the Defendant concerning the specifics of the allegations,” the motion states. “The Defendant could carry on a conversation but had lapses in memory and had difficulty coherently recounting past events.
“The Defendant reported previously being diagnosed with (chiari) malformation, an abnormality of the brain, which has required several periods of hospitalization for treatment at UVA and the requisite narcotic medications accompanying the same,” Rockwell adds in the motion.
Nuckols also reported debilitating headaches and memory lapses consistent with his medical condition and medication usage, the motion states.
McDermott later withdrew the motion for a mental evaluation.