Holdup attempt at ATM nets man prison time

A Schuyler man accused of trying to rob a man at a Scottsville ATM will serve prison time for the incident.

Jason Edward Via, 27, was sentenced on Wednesday in Albemarle County Circuit Court to a five-year active prison sentence on an attempted robbery charge. Via also received a two-year active sentence on a probation violation, said Assistant Commonwealth’s Attorney Jon R. Zug.

Via was accused of approaching a man at a BB&T Bank drive-through ATM last August, breaking a bottle on the car and demanding money from the driver. Authorities have said the man drove away and no money was taken.

Via originally entered an Alford plea in January to the attempted robbery charge, but asked to rescind his plea in April because he didn’t feel right about it. Via also said he felt bullied by his attorney to enter a plea and knew Zug would ask for a jury trial and recommend the maximum sentence if Via was found guilty.

An Alford plea allows a defendant to maintain his innocence while acknowledging that the prosecution has enough evidence to convince a jury to convict him.

Defense attorney Michael Hallahan has said in court that Via thought the man in a car was someone with whom he had an ongoing argument.

Via previously testified that he only told the man to get out of the car and didn’t’ ask him for money, but the victim told authorities that the suspect demanded money and called him a racial slur.

Circuit Judge Cheryl Higgins ruled in May that Via’s Alford plea would stand. After listening to the court’s record of Via’s plea hearing, Higgins said in court that Via did not appear to make the plea by mistake, fail to understand the charge nor sound hesitant when he answered the judge’s questions.

Via faced up to 10 years in prison during sentencing on the attempted robbery charge. Zug said a judge sentenced Via to 10 years on the charge, but suspended five years of that sentence.

Via also will have to be on good behavior for 10 years, be on two years of supervised probation and pay $350 in restitution for the repairs to the victim’s car window.