Bundick's Ex-Fiancé Won't Be Sentenced Before Next Trial - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Bundick's Ex-Fiancé Won't Be Sentenced Before Next Trial

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Tonya Bundick (Photo: WBOC) Tonya Bundick (Photo: WBOC)
ACCOMACK COUNTY, Va.- Convicted Accomack County arsonist Tonya Bundick was hoping for a ruling on Wednesday that would finally sentence her ex-fiancé, and convicted arsonist, Charles Smith.  Bundick did not get her wish.

Smith pleaded guilty in October of 2013 to 67 counts of arson.  Smith has gone 14 months without being sentenced but in that time, has testified twice against Bundick and is set to take the stand again in Bundick's upcoming arson trial.  Charles Smith said he and Bundick are responsible for dozens of arson fires that plagued Accomack County for five months between 2012 and 2013. Bundick denies all involvement.

Wednesday in court, Bundick's new attorney, Janee Joslin made a motion to have Smith sentenced before Bundick's trial that begins on Dec. 15. Joslin said it was "fundamentally unfair" that Smith has not been sentenced after 14 months but Bundick has already been sentenced for her two guilty convictions that happened just this year.  Accomack County Commonwealth's Attorney Gary Agar argued that Smith continues to be cooperative with the court despite not being promised anything.  Agar added that a sentence for Smith is pending and "will happen one day."

The judge denied the motion to sentence Smith saying he could not make a ruling in another case.  It will be up to Agar to sentence Smith.

The judge did grant a partial motion in liminie which is an effort to limit some of the evidence that could be used by the prosecution against Bundick.  The judge ruled Agar could not mention any of the other fires Bundick has been convicted or accused of during his opening statements of case in chief.  Meaning when Agar questions his witnesses, he must choose his questions carefully so the witnesses do not bring up the other fires as well.  Both attorneys and the judge admitted that will be difficult to do with Charles Smith.

Also, despite a motion for continuance and a motion to have the trial moved out of Virginia Beach, Bundick's next trial will begin on Dec. 15 in Virginia Beach.

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