By MATTHEW UMSTEAD
9:41 PM EST, February 21, 2013
A woman accused of robbing the Hot Spot Cafe in Bunker Hill, W.Va., in August 2011, after spraying an employee and a patron there with pepper spray was ordered Thursday by a circuit court judge to serve four months of jail time.
Wendy Viola Kirby, 40, of Winchester, Va., who was indicted in May 2012, pleaded guilty Thursday in Berkeley County Circuit Court to second-degree robbery and second-degree attempted robbery, according to court documents.
A felony count of grand larceny was dismissed as a result of her guilty pleas to other charges, according to Berkeley County Prosecuting Attorney Pamela Games-Neely.
Two prison sentences of not less than five nor more than 18 years for robbery convictions were suspended by 23rd Judicial Circuit Judge John C. Yoder, who ordered Kirby to pay more than $4,500 in restitution and complete 500 hours of community service.
Kirby is to be placed on supervised probation for five years, according to court documents.
Kirby is expected to serve the jail time beginning on Monday on her “weekends” from 7 p.m. on Mondays to 7 p.m. on Wednesdays, according to court documents and Games-Neely.
Police alleged that the Aug. 18, 2011, robbery was recorded by surveillance cameras inside the business at 12734 Winchester Ave., according to court documents.
Kirby allegedly took more than $1,400 from the cash register and money storage area after using pepper spray to disable the attendant and a patron, according to court documents.
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