Hampton jury trial set for next month in armed home invasion case

HAMPTON — A Poquoson man whose case was overturned by the Virginia Supreme Court will face a jury for the second time next month.

Robert Via, 22, is charged in the September 2010 armed home invasion on Arlington Terrace Road in Hampton. Via’s jury trial is set for Dec. 9-10 in Hampton Circuit Court. During the home invasion five people were robbed and detained against their will, with one victim robbed at gunpoint of his PlayStation 3 and $280.

This is Via’s second chance for a jury to hear his case, which is rare for a defendant. In 2012 a jury convicted Via on all counts and sentenced him to the minimum mandatory sentence — 128 years and a day in prison. But in June the Supreme Court vacated Via’s armed robbery conviction and lengthy sentence, ruling that jurors should have been warned about a witness’ testimony during his trial.

The issue raised in Via’s appeal was whether jurors should have been cautioned about the testimony of the getaway driver, Carl Gentline. During the trial, Gentline testified that he was forced to drive Via and co-defendants Samual Sanchez and Reginald Jones to the Arlington Terrace home, and that he waited outside while the others committed the robbery.

The court ruled that jurors should have been given an instruction regarding Gentline’s testimony. The justices said his testimony required corroboration.

Via is charged with conspiracy, armed burglary, robbery, four counts of abduction and firearms charges.

Both Jones and Sanchez pleaded guilty in bench trials. Sanchez pleaded guilty to robbery, abduction and firearms charges, and he was sentenced to 13 years in prison. Jones pleaded guilty to robbery, abduction and firearms charges and received 11 1/2 years in prison.

Speed can be reached by phone at 757-247-4778.