Payne pleads guilty in Surry County break-in spree

By Terri Flagg -

Surry County Courthouse

Terri Flagg | The News

DOBSON — Brian Kevin Payne admitted to having embarked on a storage building crime spree about a year ago, and he admitted it early.

“That old adage tell it ‘til it hurts, he told it all,” his defense attorney, Marion Boone, said in a Superior Court plea hearing Tuesday.

Payne, 39, of Rogers Road, Mount Airy, pleaded guilty to four counts each of breaking and entering, felonious larceny and a single count of obtaining property by false pretense.

According to the state’s summary of the evidence, the break-ins occurred within about two weeks in January 2016 on four separate occasions in Mount Airy and Pilot Mountain.

Each time, Payne admitted to breaking into a storage building and stealing an assortment of tools and equipment including things like chainsaws, nail guns and other accessories.

Some of the property was recovered and returned to their rightful owners, but Payne was also ordered to pay restitution to five victims for that which was not.

In an additional incident, Payne traded a chainsaw he had stolen with another victim for a different chainsaw.

That transaction led to the obtaining property by false pretense conviction.

Assistant District Attorney Mike Beal credited the Surry County Sheriff’s Office’s “good detective work” with helping break the case.

Boone informed Presiding Judge Michael Duncan how truthful and cooperative her client had been with authorities when apprehended.

“He did what he could to make folks whole,” she said, by returning as much property as possible, adding that her client hoped for an opportunity to pay restitution.

The defense attorney asked the judge consider probation for her client so that he can continue to work and “try to repay for some of the damage he has done.”

Boone also indicated that her client was aware of the negative impact of his actions, and not just on the victims.

“This has been a set of events that has affected the entire family,” she said.

Duncan gave Payne two consecutive suspended sentences of seven to 18 months pending the successful completion of 36 months of supervised probation.

He also ordered the defendant to serve an active portion of 30 days in the Surry County Detention Center minus any credit for time served, to pay a total of about $3,000 to the victims and to pay an additional $500 fine.

Surry County Courthouse County Courthouse Terri Flagg | The News

By Terri Flagg

Reach Terri Flagg at 415-4734.

Reach Terri Flagg at 415-4734.

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