On Dec. 18, David Bumgarner agreed to enter a guilty plea to charges of smuggling drugs into the Southwestern Regional Jail. Bumgarner is set to report for sentencing on Jan. 3 (his original trial date).
Prosecutor Brian Abraham said the state had many recorded conversations between Bumgarner and his estranged wife, Candace, from before and after the incident where she allegedly passed drugs to him in the visitor's room at the jail via a kiss. Some of the recordings were made after the Bumgarner's were caught, and consisted of them discussing how to handle the matter in court.
Abraham pointed to evidence showing that once Bumgarner received the drugs he attempted to move them through the jail. Abraham also filed a motion to revoke Bumgarner's bond, noting that Bumgarner was issued a citation for soliciting a prostitute and driving without a license on Dec. 5.
"The trooper was going to arrest him at the time and got a more serious call to answer," Abraham explained, noting that a provision of Bumgarner's bond was that he not violate any state law.
Defense Attorney Mark Hobbs said his client denied the allegation. Judge Eric O’Briant set a bond hearing for the following morning, when Hobbs told the Judge there was an offer to waive the bond revocation and resolve the matter with a plea agreement. Hobbs said Bumgarner would enter a plea to felony attempt to bring a controlled substance into a regional jail, and that the state would recommend a six month and a day or a one to three year sentence in exchange for three misdemeanor charges and the prostitution citation being dropped.
Bumgarner is set to return to court on Jan. 3 at 9 a.m. to officially enter the plea, but was allowed to remain out of jail on $25,000 bond over the holidays.
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