Driving under the influence,Probation,Plea,Substance abuse,Controlled substance,Parenting,Drug rehabilitation

Mother gets probation, drug abuse treatment, parenting classes in Montgomery County case

October 20, 2016

The mother, Jamie Elizabeth Burton, was also found to be under the influence of multiple substances herself at the time.

Burton, 26, pleaded guilty Monday in Montgomery County Circuit Court to two counts of contributing to the delinquency of a minor. Judge Robert Turk sentenced her to a total of 24 months in jail and suspended the entire term. He put Burton on probation for two years.

Also, Burton “will be in substance abuse treatment and parenting classes,” county Commonwealth’s Attorney Mary Pettitt wrote in an email after the hearing.

Burton has Pearisburg and Radford addresses listed in court records, and was described as being from Blacksburg in a sheriff’s office report of her Feb. 17 arrest. She was initially charged with two felony counts of child abuse and neglect after a county sheriff’s deputy stopped the car in which she was riding.

Burton’s children, ages 4 and 2, were in the back seat without proper restraints. At the wheel was Justin Lynn Cumbee, 32, of Pearisburg.

The deputy had recognized Cumbee and pulled him over because he thought that Cumbee’s driver’s license was suspended, Pettitt wrote.

Pettitt wrote that Cumbee was found to have two lithium batteries and a pipe cutter in his pocket, and that officers found drain opener, cold packs and “a strip of exposed lithium metal” in the trunk. A plastic straw with white residue was in the back seat, and Sudafed and plastic tubing with liquid in it were in the vehicle, Pettitt wrote.

All of those items are used in the manufacture of methamphetamine,” Pettitt wro

Pettitt wrote that she does not know the relationship between Burton and Cumbee.

Tests of Burton found Suboxone, Lortabs and opiates in her system. Cumbee tested positive for meth and other substances, Pettitt wrote.

The charges against Burton were amended because to prove the original child abuse and neglect charge, the prosecution would have to show a reckless disregard for her children’s lives, Pettitt wrote.

Her actions were allowing the children to ride unrestrained and allowing them to ride with someone who was high. We could prove they were unrestrained but we couldn’t prove she knew he was high,” Pettitt wro

Burton was charged with being a principal in the second degree to the making of a controlled substance, but that charge was dropped after a July hearing.

Burton also faces a drug distribution charge resulting from a separate incident and has a plea scheduled for Dec. 13.

In July, Cumbee was found not guilty of driving under the influence, and not guilty of driving with a suspended or revoked license in connection with the February traffic stop. He was convicted of operating an uninsured vehicle and not carrying a registration card.

He is scheduled for a Nov. 1 trial on charges of possessing the precursors for methamphetamine and two counts of child abuse and neglect. Cumbee also is awaiting a hearing on an assortment of alleged probation violations.

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