Love sentenced to 10.5 years in plea deal

An Alleghany man facing murder charges reached a plea agreement with prosecutors while an Ohio man also facing murder charges requested his attorney be removed during Alleghany County Criminal Superior Court last week.

The session, March 24 through March 27, was presided over by Judge Henry E. Frye Jr. The prosecutor during the session was Tom E. Horner and assistant district attorneys during the session were John W. Sherrill and Stacy Y. Adams.

A grand jury will be reconvened the week of April 28 for a special session requested by the state.

Lonnie Love

A plea agreement reached between the District Attorney's Office and Lonnie Dale Love's attorney, Donna Shumate, netted Love 10.5 to about 13.5 years in prison and avoided a trial. Love, now 35, who was facing first-degree murder and other related charges in the death of 21-year-old Juan Jose Castro Lopez in March 2006, agreed to plead guilty to being an accessory after the fact and to felony larceny and breaking and entering. For the accessory after-the- fact charge, Love will serve between 116 and 149 months with credit for time served (thus far, Love has served about 22 months). Love is ordered to participate in the DART program and participate in work release when eligible. DART is a drug and alcohol rehabilitation program.

For the breaking and entering charge, Love will serve 10 to 12 months consecutive with the aforementioned accessory after the fact sentence, with work release when eligible and at the expiration of participation in the DART program. For the felony larceny charge, Love will serve 10 to 12 months consecutive with the aforementioned accessory after the fact sentence, participating in the DART program and work release when eligible.

All sentences indicated that Love will not be housed with co-defendant in the case, Billy Joe Bare. Love served as the state's primary witness in Bare's August 2007 trial. Bare, now 28, was found guilty of first-degree murder, conspiracy to commit murder and breaking and entering by a jury in August 2007. Bare, who through attorney Don Willey of Jefferson filed a notice of appeal following the decision, is currently serving a life sentence.

Love's charges of murder, conspiracy to commit murder and robbery with a dangerous weapon were dismissed as a part of the plea agreement.

Love, through attorneys, had offered a plea arrangement in the case in August 2007, but it was declined by Judge A. Moses Massey. Had the agreement been approved at that point, Love would have been found guilty of second-degree murder and sentenced to 180 to 225 months with credit for time served.

Enrique Hernandez

Enrique Hernandez, also known as Enrique Hernandez Soto, requested that his appointed attorney, Garland Baker, be removed. Hernandez is currently being held without bond.

According to information provided in the court report, Baker has been employed as an attorney for 22 years and has worked 15 murder cases, with seven or eight involving first-degree murder charges.

 

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