A former Augusta County businessman's federal sentencing hearing has been delayed for the second time. Please be advised, this story does include references to attempted suicide. WMRA's Randi B. Hagi reports.
Richard Moore, a former leader of the Verona-based company Nexus, appeared in the federal courthouse in Harrisonburg for a sentencing hearing on Monday morning. Back in January, Moore pled guilty to two felony counts of tax evasion after multiple delays in the case. He faces a maximum of 10 years in prison.
Moore was originally scheduled to be sentenced on May 29th, but did not appear in court that day. On Monday, he told Chief U.S. District Judge Elizabeth K. Dillon he was hospitalized that day because he tried to kill himself by swallowing "three quarters of a bottle" of Xanax. He said he woke up at the UVa Medical Center six or seven days later, and had been intubated for part of that time. Moore added that he was diagnosed with several mental health conditions at UVa. He did not provide the court with any UVa medical records corroborating this account on Monday.
Last Friday, Moore had filed a motion asking the court to delay Monday's sentencing because he had checked himself into an AMFM mental health treatment facility. AMFM is a residential treatment provider with locations in Virginia and California, offering services such as therapy and yoga, and boasting personal chefs and an in-home movie theater.
Dillon initially denied the delay, writing that Moore did not provide any evidence from a doctor that he was unable to attend the hearing. Then, at 10:30 p.m. Sunday night, Moore's attorney petitioned the court for a competency hearing for his client, writing that Moore was now on multiple medications and may not understand the proceedings or be mentally capable of assisting with his own defense.
In court, Moore told the judge he was currently on five psychiatric medications and hasn't been able to prepare for the second sentencing hearing because he "couldn't focus" and that he's "become a shell of the person I used to be." His attorney, Mario Williams, said whenever he would call Moore to prepare, "he would just have a complete meltdown."
After an hour's recess, Dillon granted the request for a competency evaluation, which will take place at a medical facility attached to a federal prison once a spot becomes available. Dillon remanded Moore to the AMFM facility until then, saying "you can't leave on your own unless it's to the Bureau of Prisons for this evaluation." Once the evaluation is done, the court will schedule a competency hearing, and Dillon said the sentencing hearing may also take place at that time.
