Raleigh County Circuit Judge Robert Burnside Wednesday granted a motion to reconsider the jail sentence of a Wyoming County woman, but denied an identical motion for her husband.
Margaret Vance, 40, and Billy Ray Vance, 53, of Oceana, were sentenced May 16 to 90 days in jail after pleading guilty to obtaining goods by false pretenses.
The couple, along with Margaret Vance’s 24-year-old daughter, Alisa Gibson, also of Oceana, admitted to writing thousands of dollars of worthless checks.
Full restitution was made prior to the sentencing and attorney Stephen New, who represented the couple Wednesday, said his clients had been under the impression they would receive probation as opposed to a jail sentence.
At the time of the sentencing, the Vances were represented by a different attorney and New said that lawyer did not supply Burnside with pertinent information before he made his decision.
New said Margaret Vance was scheduled for lab work and, while in jail, missed a biopsy intended to determine if she has cancer.
Billy Ray Vance, New said, is a “severe” diabetic with neuropathy in his feet. Also, he said, Vance has recently had heart problems and needs medical care not available to him in jail.
In his decision, Burnside said Billy Ray Vance knew of his medical condition and of the consequences at the time he committed the crimes. Burnside told a tearful Vance, who begged him to reconsider, that the sorrow he expressed “touches all of us,” but added apologies were not enough.
Burnside placed Margaret Vance on home confinement with the liberty to attend medical appointments. Should she not be diagnosed with cancer, Burnside said, Vance will be returned to jail to complete her sentence.
Gibson, who also pleaded guilty to obtaining goods by false pretenses, is also serving a 90-day jail term.
— E-mail: mjames
@register-herald.com
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