A young driver was spared active jail time two days before his 21st birthday by a Rappahannock County Circuit Court judge who rejected prosecutor Art Goff’s recommended sentence, which included 90 days in jail.
“I think I’m making the right decision today. I need you to show me I’m being wise,” Judge Douglas L. Fleming Jr. told Michael Balke, 20, of Centreville, who stood before him Friday for sentencing on charges of reckless driving — speeding 20 mph over the limit, eluding police and carrying a concealed weapon.
Balke received a total of four years of suspended jail time, 100 hours of community service to be served with his church group and three years of supervised probation. His license was also suspended for 12 months. Fleming described the lighter sentence as an “incentive” for Balke to obey the law and keep improving his life, and to prove to the court that he truly has changed.
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In November, Balke fled from police on a motorcycle, driving over 100mph in a 55mph zone, while riding through Shenandoah National Park with a friend, according to Balke’s statements in court, which ended in his losing control and “wrecking out.” He was transported to the hospital but sustained no major injuries. Balke said he fled because he was concerned about “his ethnicity” and because the motorcycle had no tags or registration.
“After the accident of November 13, I’ve changed my life,” Balke told the judge. “I realized my actions needed to change or I’d be on the path of destruction … I’m glad no one was hurt.”
Since the accident, Balke said he has maintained steady employment and has become active in his church in Fairfax County, getting plugged in with the volunteer group there and focusing on giving back to the community.
Balke’s mother, Isabel Balke, took the stand and tearfully read a statement to the judge about her son’s improvements since the accident. She detailed his struggles with depression and anxiety throughout school, a bad-friend group he was “easily influenced by,” and his lack of motivation or goals. She said when he told her he was going to change when she visited him in the hospital, at first, she did not believe him. But he proved her wrong.
“He’s a different person today,” Isabel Balke said. “I’m proud of him and feel confident [in him] going into his 21st year.”
Commonwealth’s Attorney Art Goff said that Rappahannock County takes these kinds of crimes seriously, and that U.S. Highway 211, where the incident occurred, is “not 66 or 81” and “you have cows walking out in the road…deer, tractors pulling out.” Goff said a short stay in jail would show Balke that that is not the place he wants to be, and would help serve as a wakeup call.
“He should be treated at least in the same range as everybody else convicted of felony eluding police in Rappahannock County,” Goff said. “We’re not trying to throw him under the jail…but he needs to have that experience and not want to go back there.”
The commonwealth’s sentencing recommendations outlined in the plea agreement included 90 days in jail, with an additional three years nine months suspended, two years minimum of supervised probation and a $250 fine.
Fleming gave a heartfelt speech prior to sentencing, encouraging Balke to stay on the right path. The judge also detailed the story of a personal friend who was in a similar situation to Balke, and turned his life around.
“You are worthy…Bad things can lead to good consequences,” Fleming said. “I’m going to give you enough rope to either rope an opportunity or tie that rope around your ankles.”
Fleming went on to say that there is nothing wrong with Goff’s sentencing recommendation based on the crimes Balke committed, but he hopes Balke will learn from the “terrible” decision he made and “do some good with it.”
“Spoiler alert, I’m not going to give you any active time,” Fleming said. “For one reason—mercy.”
