Fire victim avoids jail time on gun charge

Kenneth D. Layne lost his wife and young son in a Chesterfield County house fire last December, and he has been at odds with his neighbors and county officials ever since for failing to demolish or repair his fire-ravaged home.

On Thursday, Layne, 54, faced another hurdle related to the fire — one that could have put him behind bars. But a Chesterfield judge decided not to sentence Layne to active prison time for two guns that authorities found inside his truck the morning after the fire.

Layne, a thrice-convicted sex offender, is prohibited by law from owning or possessing firearms.

After considering the tragic nature of the case and hearing evidence that the guns — essentially hunting weapons — had been placed in Layne's truck by his brother the night before the fire, Circuit Judge Frederick G. Rockwell III sentenced Payne to five years in prison with all five years suspended.

"I don't know what good would come by throwing him in jail," Rockwell said from the bench, noting that Layne hasn't committed a crime in 25 years.

Defense attorney Denis Englisby asked the judge to deviate downward from state sentencing guidelines, which called for a prison term of three years and two months.

"This is a terribly sad case," Englisby told the court, adding that Layne is still suffering from the tragedy, remains out of work and owes thousands of dollars in medical expenses his insurance did not cover. He remains under a doctor's care for his burns and back injury, the lawyer said.

Layne was convicted of three sex offenses in the late 1970s and mid-1980s and currently is registered as a violent sex offender on Virginia's Sex Offender Registry.

Layne barely escaped the Dec. 21 fire that killed his wife, Tracey Johnson, 46, and Layne's 11-year-old son, Jacob Layne, and ravaged the family's home at 1801 Wren's Nest Road in the Settler's Landing subdivision.

After an unsuccessful effort to save his wife and child, Layne jumped from a window of the burning house, suffering severe burns and a broken back and hand, Englisby said Thursday.

Firefighters at the scene noticed two guns in a truck that was parked outside the house, and police recovered a 12-gauge shotgun and a .50-caliber black powder rifle from the unlocked vehicle. "It was basically a company truck that Layne was driving around," Chesterfield prosecutor Thomas M. McKenna said.

Layne was charged with possessing firearms after having been convicted of a violent felony.

Layne's brother immediately contacted authorities and advised that he had dropped off the guns in Layne's truck the evening before the fire for safe keeping, McKenna said.

Layne told investigators the same thing. "He said they were sort of hunting guns that the brother had brought by," McKenna said.

The prosecutor said he tends to believe the brother's story because he came forward so quickly.

"I accept as gospel that your brother put the guns in the car," the judge told Layne on Thursday.

It was never made clear why the two guns were placed in Layne's work truck. Authorities said it's possible the two brothers had planned to go hunting together.

As the months rolled by and Layne's house remained a blackened shell, neighbors began to complain to county building officials about the eyesore and Layne's lack of progress in cleaning it up. On June 20, a county building official issued Layne a citation for violating an order to demolish or repair the structure.

Layne pleaded no contest to the misdemeanor charge in mid-August. But a lower court judge deferred judgment in the case until Sept. 20 and then continued the matter again until Oct. 25 — to give Layne more time to take action. Englisby said Layne is in negotiations to sell the house.

McKenna gave Layne a break early in the gun case by amending the charge from possession of a gun by a violent felon to possession of a gun after having been convicted of a felony. The more severe charge carries a mandatory prison term of five years.