Man asks court to rescind plea in ATM case

A Schuyler resident accused of trying to rob a man at an ATM in Scottsville is trying to rescind his plea.

Jason Edward Via, 27, requested to withdraw the plea that he made Jan. 14 to an attempted robbery charge. By entering an Alford plea, Via maintained his innocence while acknowledging that the prosecution has enough evidence to convict him.

Defense attorney Michael Hallahan told Circuit Judge Paul M. Peatross Jr. in Albemarle County Circuit Court that Via didn’t feel right about the plea.

Hallahan said in court Wednesday that Via had told police that he wasn’t trying to rob a driver using the BB&T Bank ATM on Aug. 9. Via was trying to assault the man, Hallahan said in court, but it was a case of mistaken identity.

“He thought it was a person he had an ongoing argument with,” Hallahan said in court.

Via testified that he approached the car and broke a beer bottle on it.

“The only comment I made to him was, ‘Get out of the car,’” Via said in court.

However, Commonwealth’s Attorney Denise Lunsford said in court Wednesday that victim said the suspect demanded money from him and referred to him with a racial slur. No money was taken during the incident, authorities said, and the victim drove away.

Hallahan said in court another reason Via wanted to rescind his plea is because he felt his lawyer “bullied” him after telling him that the prosecutor planned on holding a jury trial unless he pleaded guilty. Via, who has a criminal history that includes grand larceny and breaking and entering convictions in Albemarle, testified that Hallahan told him he would face the maximum penalty if convicted by a jury.

During the Jan. 14 guilty plea, Via answered Circuit Judge Cheryl Higgins’ questions before she accepted his Alford plea, but on Wednesday said cannot remember exactly what she asked him.

Hallahan said in court that he did not recall Via giving any unusual answers to the standard queries.

Lunsford argued against Via’s request to withdraw his plea.

“Pleading guilty to avoid a jury trial is what Alford is about,” Lunsford said in court.

Via would have faced up to 10 years in prison if sentencing proceeded as scheduled.

Peatross ruled Wednesday that the motion to withdraw Via’s plea should be heard by Higgins because she presided during that hearing.

Via is scheduled to return to court May 19 on the motion. He remains at the Albemarle-Charlottesville Regional Jail.