COLONIAL HEIGHTS — A former Virginia State University football standout who spent months as a fugitive from law enforcement after nearly 10 pounds of marijuana and several firearms were found at his residence will not serve any prison time.
Kyle Catterton, 22, was sentenced by Judge Herbert C. Gill in Colonial Heights Circuit Court to 12 months imprisonment with all 12 months suspended for a period of five years and a suspended driver’s license for a period of six months.
As part of a plea agreement, three charges were dropped and Catterton pleaded guilty to the last charge which was amended to a misdemeanor count of possession with intent to distribute marijuana.
Catterton, from Waldorf, Md., was originally charged with four felonies including the distribution of marijuana, the conspiracy to distribute marijuana, the transportation of marijuana into Virginia with the intent to distribute and the possession of a firearm with drugs, according to court records.
In January 2013, a United States Postal Inspector contacted the Colonial Heights Police Department after they discovered what appeared to be marijuana in packages that were mailed to Catterton’s address in the 400 block of Dupuy Avenue.
With the help of both the U.S. Postal Inspector’s Office and the Central Virginia Narcotics Task Force, the CHPD executed a search warrant of the residence, according to a press release from the police department.
Authorities seized 10 pounds of marijuana, more than $5,000 and several automatic weapons including an AR-15 assault rifle with a one-hundred round capacity magazine, a shotgun and multiple handguns from the defendants’ residence, according the Colonial Heights Police Department.
An analytic report issued by the Virginia Department of Forensic Science stated that two cardboard boxes containing a total of 9.7 pounds of marijuana separated into 10 plastic bags were submitted as evidence.
Authorities arrested two co-defendants who lived at the residence, Broderick Custis and Charlton Oliver, but were unable to locate and arrest Catterton, who also lived there, until months later, according to Ned Mikula, Catterton’s attorney.
Following the arrest of both Custis and Oliver in January of 2013, Catterton was still wanted by the United States Marshals Service and the Colonial Heights Police Department in May of 2013, according to the Washington Examiner.
Once arrested, Catterton was released on a $15,000 bond on July 1, 2013, and was allowed to leave Virginia to go to his parents’ residence in Maryland, according to court records.
Mikula called the plea agreement the “compromise of compromises” referencing problems associated with the chain of custody of evidence and an overall lack of incriminating evidence against Catterton in the case.
The packages containing marijuana were not addressed to Catterton, the seized evidence was not found in Catterton’s bedroom, and Catterton was not present at the time of the search, Mikula said.
Catterton, who had no previous criminal history, was a senior at VSU when the offense occurred and had been selected to the 2012 Central Intercollegiate Athletic Association All-Conference Football Second Team for his position at offensive tackle.
Although Gill could not authorize Catterton a restricted license for the state of Maryland, he did not object to the notion of allowing Catterton to have a restricted license for work purposes.
Both Custis and Oliver were charged with one felony count of the conspiracy to distribute marijuana. Custis had his charge nolle prosequied, or set aside, in Colonial Heights Circuit Court last Thursday, and Oliver is scheduled to have a plea hearing on Friday morning.