The Williamsburg-James City County Courthouse
Three men accused of breaking into a building at BASF Chemicals on Pocahontas Trail in January appeared in court Thurdsay, where their felony charges were each reduced to a misdemeanor.
Substitute District Court Judge Michael T. Soberick agreed to a deal between Williamsburg-James City County Assistant Commonwealth’s Attorney Joshua DeFord and attorneys representing the three men to drop a felony burglary charge and amend a felony destruction of property charge to a misdemeanor. In exchange, the men each agreed the evidence against them was enough to convict them, though they did not enter pleas.
The charges stemmed from an incident that occurred sometime between Jan. 11 and Jan. 14. The men were accused of breaking into the building, where they broke windows, discharged fire extinguishers, breaking lights and destroying walls. DNA found on beer cans at the scene was used to identify Brian Peter Amundsen, leading investigators to the other men.
Amundsen received a stiffer punishment, as he has previous convictions, including a felony DUI third offense in 2008. He got 10 days in jail with 10 suspended as well as a fine of $200. Each of the men is responsible for paying a third of $3,456.12 in damages to BASF by April and must complete 40 hours of community service.
The other two men, Dalton Charles Snead and Nathan Amadon, both have clean records. Soberick pronounced a withheld judgment on them, meaning that if they follow through on the restitution payments and community service while staying out of trouble, the matter will disappear from their records at a July hearing.
Snead’s attorney, Stephen Forbes, argued the BASF building was set for demolition. That sentiment was shared by Amundsen’s attorney, who said the men were kayaking on the James River on the night of the offense. He said the men saw the BASF buildings, which looked abandoned, and decided to go inside. Forbes argued the place was already in pretty bad shape.
DeFord said he wanted the men to work with Colonial Community Corrections. He said the building was used as an office by someone, as evidenced by a locked door, a desk and some other items.
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