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A judge has agreed to wait one year before finding the director of Colonial Community Corrections guilty or not guilty of using a police database to spy on a man he suspected was having an affair with his wife.
While Harold Diggs and his attorney, Sen. Tommy Norment, stipulated the evidence in the case would be enough to convict him, Judge Tyneka Flythe agreed to withhold a disposition until April 12, 2018.
Diggs, 51, of Williamsburg, appeared in the Williamsburg-James City County General District Court Thursday to enter the agreement.
According to a criminal complaint filed in open court, Diggs used the James City County Police Department’s information system on July 28 to look up the license plate of a man he believed his wife was having an affair with.
The incident was investigated by the Virginia State Police, and Diggs was charged Oct. 19, court documents show.
In 12 months, Diggs will either enter an Alford plea or be found not guilty. In an Alford plea, the defendant acknowledges there is enough evidence to convict them, but maintains their innocence.
The withheld finding is part of a conditional agreement between Diggs and a special prosecutor from the Henrico Commonwealth’s Attorney’s office. Williamsburg-James City County Commonwealth’s Attorney Nate Green did not prosecute the case due to a conflict of interest.
If found guilty, Diggs faces up to 12 months in jail and a $2,500 fine for the computer invasion of privacy charge, a class 1 misdemeanor. The outcome of the case will be decided April 18, 2018 at 8 a.m. in the Williamsburg-James City County General District Court. Neither Diggs nor Norment will be required to appear in person. Norment declined to comment on the Diggs case.
In November, James City County Deputy Chief Steve Rubino confirmed that Diggs was no longer employed as an on-call police officer with James City County, but still served as director of Colonial Community Corrections.
Diggs is also still listed as the director of corrections in the James City County staff directory. He was hired as a police officer in 2002 and was promoted to the director of Colonial Community Corrections in August 2012 while still still maintaining part-time officer status, Rubino said.
Colonial Community Corrections is an organization that provides judicial alternatives to adult incarceration, transitional services and criminal justice planning to residents of James City, York, Charles City, New Kent and the cities of Williamsburg and Poquoson.
James City County has served as the fiscal agent and project administrator for Colonial Community Corrections. Colonial Community Correction’s budget is included as a special revenue fund of James City County, and the other member localities provide local funding to support of administration, operations, and the Criminal Justice Planner position, Rubino said.
Colonial Community Corrections also serves as staff to the Criminal Justice Board.
Fearing may be reached at firstname.lastname@example.org.