Carjacking charges dropped

Chris Dumond / Lynchburg News & Advance
Published: January 10, 2008

APPOMATTOX - An Amelia man was looking at a lot less time behind bars Thursday after prosecutors dropped several charges against him, including one charge that had already been reduced from an initial allegation of carjacking.

Deputy Commonwealth's Attorney Les Fleet agreed to drop charges of unauthorized use of a vehicle, a felony, and misdemeanor assault and battery against Donald Eugene Collier Jr., 35, because the main witness in the case was a "problem."

Collier was initially charged with carjacking Lovie York, also of Amelia, in November 2006 at an Appomattox gas station off U.S. 460. When York was brought in to testify against Collier in June, though, her story of being pulled out of her car by her hair and being beaten changed.

When confronted with those changes, York lost control. She pleaded no contest last month to two counts of assault and battery on sheriff's deputies, obstruction of justice and disorderly conduct. At that point, Appomattox County prosecutors dropped the carjacking charge and indicted Collier on unauthorized use, a felony.

That charge wouldn't hold water, either, said Scott DeBruin, Collier's lawyer.

"The commonwealth realized the testimony of Lovie York was so fraught with inconsistencies they couldn't go forward because the carjacking, unauthorized use and assault and battery were all based solely on her testimony," DeBruin said.

It is not uncommon for victims of domestic abuse to change their stories in court, Fleet said, but York's behavior and inability to give consistent testimony in a carjacking case was out of the ordinary.

The woman was not asked to testify.

However, Collier pleaded guilty Thursday to eluding police, a felony. Trooper G.A. Smith testified he saw the man pull out from the gas station where he had been accused of stealing York's car, chased him down U.S. 460 at 82 mph, then found him after Collier wrecked the car, ejecting him 100 feet.

He also dropped his appeal on earlier convictions of drunk driving, speeding and driving without a valid driver's license in connection with the event.

Fleet said Collier is being transferred between several jurisdictions on ongoing criminal proceedings. He appeared in court Thursday wearing a uniform from the Loudoun County Adult Detention Center.

His sentencing is scheduled for April 24.