By DAN KEGLEY/Staff
Former Chilhowie Police Chief Dwayne Sheffield took an Alford plea to a charge of object sexual penetration Monday in a deal to avoid prosecution on four other related charges.
Under an Alford plea, a defendant maintains he is innocent while admitting the prosecution has evidence sufficient for a conviction.
Judge William N. Alexander II sentenced Sheffield to 10 years’ imprisonment with six years and 10 months suspended, court papers showed. That left three years and two months with credit for time served since his arrest in May, including house arrest.
“He’ll serve 28 months,” Sheffield’s attorney, Michael Unteidt, said Tuesday.
After his sentence is complete, Sheffield will be on five years’ active probation. He is also to have no contact with the victim or her family and is required to register as a sex offender, court papers said.
The plea allowed Sheffield to avoid prosecution on charges of rape, contributing to the delinquency of a minor, sexual battery and child endangerment, according to court documents. A conviction of object sexual penetration carries a possible sentence of five years to life in prison, the papers said.
Sheffield entered the plea after a jury was empaneled Monday.
“The Commonwealth’s Attorney and I discussed possible settlements,” Unteidt said, adding that of two offers, one was better. “We considered the risk/reward of proceeding and took their offer. We then confirmed the Alford plea. My client feels he did nothing wrong.”
Untiedt said the plea was to the charge of animate object penetration. The four other charges were dropped.
Court documents said Sheffield had no prior criminal record.
Sheffield began awaiting trial last spring under house arrest on a $20,000 bond, wearing a monitoring device that reported his location to authorities.
In July, Special Prosecutor Lee Harrell filed a motion for revocation of bond, writing to the court that Sheffield “made an authorized departure from house arrest” on July 2 or 3.
Probation Officer Sandra Barr advised Judge C.B. Flannagan that Sheffield asked permission, which she granted, to pick up medication for his 10-month-old daughter. He was gone from his residence between 12:33 and 1:44 p.m., Barr said.
Barr said she received a complaint that Sheffield was at the Chilhowie post office, and that he admitting to stopping to pick up a check he expected, in order to have money for groceries.
Barr said she spoke with Judge Isaac Freeman and “we determined that since Sheffield was only out for a minimal amount of time and because he was only approximately 2/10th of a mile from where he was suppose [sic] to be that no action would be taken at that time.”
On Aug. 1, Sheffield was released from house arrest on restricted conditions to work in Marion at “a commercial facility where he and his father repair motor vehicles,’ documents said. Sheffield was permitted to be in his father’s house near the business. No firearms or alcohol were permitted on either premises while Sheffield was present. Outside that house, his own home and the business, Sheffield was ordered by the court to be accompanied by a responsible adult.
Sheffield’s house arrest ended after he was charged with failure to obey a court order when an Aug. 2 search warrant executed by the Drug Enforcement Administration found a “user quantity” of marijuana “ under a sink by the kids [sic] bedroom,” a plastic baggie with methamphetamine residue, and “various currently unidentified pills and a pill crusher,” court documents said. He was remanded to Abingdon Regional Jail.
Sheffield, who had served in the Chilhowie Police Department for 18 years, three as chief, resigned on May 23, after being charged with having sex with a girl “by force, threat or intimidation” and “against her will… while having the custody of a child.” The accusations were connected to the reported sexual assault of a 17-year-old girl at a Halloween haunted house last year.
Brian Doss, then a Chilhowie Police Department sergeant, was also charged in incident with forcible sodomy, felony child endangerment, sexual battery and contributing to the delinquency of a minor. He is scheduled to stand trial next month.
Don’t think his sentence should have been less than 10 years, Can’t believe he states he did nothing wrong, things are geting pretty bad when the public can’t trust law inforcement “To serve and protect”?? What a joke!
Just another example of the corruption in the area. If he hadn’t been a policeman,everyone in the fricking county would have wanted him to get the electric chair. I suppose in the minds of some of his fellow officers and friends, the girl is the guilty party.
I am kind of on both sides of the fence here. On one hand I believe that he should not be shunned so bad for what he has done by the community and the courts. He is a man, and we all know that sometimes they don’t think. Plus, the “victim” was stating that she was 18. Had he not been a law enforcement member, would he have been looked at differently by others? On the other hand, he was a husband, father, and a respected individual in the community who should not have made the decision that he did that one fateful night. He deceived his family, friends, and entire community by the actions that he took.
In the end, I would like to say may God bless him his family, and may time heal the wounds that will forever be there.
I have known the Chief for many years. I was amazed by this information. I feel worried as a parent in this community. I have a very young child and often worry about who to tell her to trust. Do you trust people in uniforms, or with police badges? What if she would have been this girl? 17 years old or not, the men should not have had sex with her especially being married. He would have been one of a few officers I would have told my daughter to trust. Now, I really don’t know what to tell her. I know they are human and make mistakes but this is a large mistake that will take a while for the community to forgive. I hope God leads them in the right paths to be forgiven. I do feel very sorry for their children. It is hard to do without a father and to have one that everyone dislikes has to be harder. I hope that the community takes this into consideration and not take out the acts of their father’s on these children. You can’t choose who your parents are. Please remember this and don’t take it out on them.
Only God knows how broken hearted the children of these 2 individuals are. They are the ones that need more prayers for comfort more than anybody involved. they never asked for any of this to happen to them. If any man ever did this to any one of my 3 beautiful daughters well…let’s just say God help their very souls. Doss has a couple of daughters that are coming up into their teen years…sounds kind of disgusting for a man to stoop so low when his own kids are close to that age. The children are the innocent ones and now they are suffering IMMENSLY! What is happening to our society as a whole when these things go on and the reprimand they receive is so minimal? Justice has not been served. Since this seems to be nothing more than a mere slap on the hand I’m sure the lessons have yet to be learned. When we do “wrong” w/ little or no consequence typically we continue doing wrong!Hopefully after spending time in prison this will rehabilitate both men but some people just CANNOT be rehabilitated. I guess the future holds the answer.
Wow!
“Unbelievable!...things are getting pretty bad when the public can’t trust law enforcement…you can’t choose who your parents are…What is happening to our society as a whole…Just another example of corruption in the area. If he hadn’t been a policeman…I have a very young child, who should I tell her to trust?”
Wake Up Smyth County. Why is everyone so surprised at any of this? Yes, it’s been shown that no one escapes sin. It seems like everyone is so wrapped up with the bible but they tend to forget some of the things from time to time. “He without sin???”
From what I recall of Smyth County it’s just a backwards place where hypocrites rush out to church to put on a false face and compete for the best spot to park their Lexus so everyone that drives by can see. Oh Yeah, the community is also behind the “little man” and they hate the big business. That same “little man” is usually the biggest prick in the county and his family is the only one not hurting when it comes to the bills. Look around. Everything is passing Smyth County by and then you sit there scratching your heads wondering why the area is being eaten up with METH???
Corruption with the Law Enforcement…What happened to the guys like Former Chilhowie Police Chief Scott Sexton? He was a stand up guy.
Are you really surprised that the Court ruled the way that it did? Haven’t you stopped to think that with all of the other arrest being made that the “Alford plea” wasn’t the only deal Sheffield made?
So maybe you should be grateful. Grateful that now there’s a lot more to talk about on your lunch breaks at work…but remember unless you’re that “little man” you may not be able to enjoy those breaks for long.
Alford Pleas are for cowards. Both of these grown men, with wives and children (daughters), were entrusted and paid to protect and serve their community. The state of VA certified them to be law enforcement officers and police academy instructors. Did they ever really protect the community? What did they actually teach new recruits at the police academy? Did the state check into the backgrounds of these men before entrusting them to protect taxpayers? They behaved as if they were above the law. Now before the court, Sheffield accepts NO Responsibility, No Remorse, No Admittance of Guilt. Why not take these men to trial, let the jury and the community hear the evidence against these men rather than make backroom deals and accept Alford pleas? The Judge was provided the evidence against these men. Being lienenent with Sheffield was unnecessary since he refused to admit his guilt. Doss was to testify against Sheffield, so will he spend any time in prison? These men will soon be back at home with their little girls. Does anyone trust them enough to want them living in their neighborhood? Perhaps it is time for Virginia to abolish the Alford plea. God doesn’t accept Alford Pleas.
I am sickened at this whole situation! I am on Officer Sheffield’s side. I grew up most my life around both this county’s and town’s law inforcement. I strongly believe that he is a good person and I still have much respect for him. He was a good officer and I thank him for keeping me safe! Though the “victim’s” name will not be indentified to the public, small towns talk! This family has had dealings with law inforcement in the past. Some could say this could be just a way at getting back or it could be parents not wanting the truth to really be known. If a young girl is willing to lie about her age, what else is she lying about? Obviously, someone just wanted attention!!
Well it’s so nice to see the lynch mob casting the first stone, when I doubt very seriously any of you are without sin. A response to the Beachcomber: My God is merciful and forgiving, who are you serving again? Sounds like you’ve already decided to be the judge & jury. In the end it’s not your decision or mine, only our Maker. I’ve known Sheffield for 20 years and he is definitely not the monster being portrayed and he certainly never preyed on young girls. There are 2 sides to EVERY story. Has anyone EVER ID’d someone before they went out or slept with them? Every one makes mistakes and memorable ones at that, should they be condemned for them every day? Should we put a scarlet letter on his chest? It’s very obvious how destructive lies can be. A mistake that a 17 yr old will forget about and a man will never be allowed to forget. It amazes me how the bad news spreads fast but no one hears of any of the good. Don’t want to jump on the band wagon of good things he done, huh?
I have known Sheffield for over 25 years and he IS a good person. He comes from a VERY GOOD family and I think it is a shame how you people can write things so demenning about him. Did you ever think maybe that the so called “victim” is not what you think. She told everyone at that haunted house event that she was 18. I was there every night- I also worked there and I saw how “she” behaved. She is no innocent girl, by no means!! I never saw anything out of Sheffield that was not professional. Personally, I truly believe he got the sharp end of the stick in this situation. The girl’s brother has been in trouble with the police before and I think this was a set-up for what you call a “payback to a police officer”. A lot of lies have been told and it is a shame that Sheffield had to serve any time. He has suffered enough this past year on house arrest and being in jail and had his share of foolish humiliation.
May God Bless Him and His Family- this is just another case where lies have took over and sent an innocent man to serve time away from his family, when it all could have been prevented if only this girl had not started all of her lies on Officer Sheffield and Officer Doss. I hope she and her family can sleep at night knowing what they have done to a good man and his family. I know that I could not live with myself if I knew I did something like that to another person.
This is in response to a post from J of Chilhowie: You stated that you have known Chief Sheffield for many years—then YOU should know his character and know in your heart that he did not harm “that girl”. He is not that type of person and would never do anything like this. It is just a shame that he is having to pull time, and lost everything that he ever worked for, because of a lying so called “victim” and that word is getting sickening to even read about—if you consent- then you ain’t a “victim” He would do anything in the world for people in Chilhowie and was an excellent Chief for many years and does not deserve all of these people demeaning him when most of you know he is not guilty of this crime. If Sheffield had been someone out here that works in a factory or just a common joe- ALL of these charges would have been dropped. I think that the prosecuting attorney, lawyers, and the Judge made it hard on him due to him being the Chief of Police just as an example and that ISNOT right!!!
just wanted to say how sorry i am for this family there lives will never be the same and i dont see how it is right for this man to be behind bars and the other accused to be able to go freely where and when he likes i feel like he should atleast be on house arrest oh yeah and why was he let off i guess it is all who you are and how much talking you do. You know what they say what’s good for the goose is good for the gander
My son took an Alford plea. His cousin claimed he raped her everyday for two weeks, two years ago. She wasn’t allowed to attend a party and decided to ‘disclose’ in order to attend. He was only 16 year old. “Who are they gonna believe? You? Or that beeeuuuuuutiful little girl?“ was the response of every attorney we spoke to. Guilty until proven innocent is the SOP for these accusations, but rape shield and medical confidentiality stand in your way. She was virginally intact. He passed three polygraphs saying he didn’t do it. Triple hearsay after the fact was the big ‘evidence’ against him. 6 years in prison, or an Alford plea. After he accepted it, they jailed him anyway for passing another polygraph. He was now ‘in denial’ after taking the ‘guilty’ plea. Heads they win. Tails you lose. Welcome to Justice.
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