UPDATE: On April 3, 2024, Smith appeared in court for a probation violation. Smith will serve four years of previously suspended sentences for a 2020 case in which he pleaded guilty in 2022 to grand larceny and possessing a firearm with a Schedule I/II drug.

NORFOLK, Va. (WAVY) — It’s been almost two years since a Norfolk woman’s home was broken into twice over the course of three days — and she’s still picking up the pieces.

A suspect has been charged in the case but the homeowner told 10 On Your Side that a misstep by detectives in court last week will cost her $11,000.

We first met Tamara Villalobos-Flores in 2022 after her home on Birch Street was broken into. She was in the middle of a home renovation. Brand new windows and doors were broken during the burglary and her family’s belongings were stolen. Almost two years later, her family is still living a nightmare after what she said was a mistake by police.

Last Thursday morning, March 21, Villalobos-Flores returned to court. In the nearly two years since the burglaries, Norfolk police charged Austin Garrett Smith on two counts of statutory burglary, possessing a firearm as a felon, grand larceny and larceny of a firearm.

The Norfolk mom spent two hours waiting outside the courtroom when she found out Smith was convicted on a lesser charge of receiving stolen goods. Villalobos-Flores told us she spoke with Asst. Commonwealth’s Attorney Stephanie Johnson about the conviction.

“She said the reason was because three detectives and the forensic officer on the case did not show up,” Villalobos-Flores said.

Three detectives were told to arrive at 9 a.m., the Commonwealth’s Attorney’s office told 10 On Your Side.

“She said she was shocked because she had spoken to those officers the night before and confirmed that they were going to be in attendance,’ Villalobos-Flores said.

Norfolk’s Commonwealth’s Attorney Ramin Fatehi sent us the following statement regarding the incident:

One officer was sick and called in that he could not attend for that reason, which is not unusual. Two other officers anticipated that the court and lawyers would be dealing with pretrial matters in the morning. We were not aware that they intended to appear later in the morning. One officer had arrived by the time the defendant pleaded guilty, and the other officer was on his way at that point. 

“She didn’t have the evidence that she needed to present the case, nor did she have her expert witnesses,” Villalobos-Flores said.

The conviction, Villalobos-Flores told 10 On Your Side, is costing her $11,000 and now insurance won’t cover the damages and missing property.

“I still have a broken window,” Villalobos-Flores said. “My renovation never was finished because I had to pay the contractor back for all their [stolen] tools. Some supplies were stolen.”

Smith was sentenced to four years in jail, with two years and 11 months suspended and three years probation for receiving stolen goods valued more than $1,000.

“This is a person who makes a living doing this, is currently serving another sentence …and is somehow getting a slap on the wrist here because people just didn’t show up,” Villalobos-Flores said.

Fatehi called the mistake an isolated incident.

“Norfolk police officers often come to court after working overnight or when on their days off, and they are generally very diligent about their court appearances,” Fatehi said.

“I’m just watching all the pieces fall around me and it’s not fair,” Villalobos-Flores said. “This is not justice. I would like them to hold themselves to a higher standard than the citizens around them. I would like for them to show up to do their jobs well and to make sure that instances like this never happen again.”

10 On Your Side reached out to the Norfolk Police Department for comment. We’re waiting to hear back.

In response to Smith’s sentence on April 3, Fatehi told us:

“As we see today, sometimes the value of a guilty plea is more than just in the sentence for the case before the court that day. Mr. Smith’s guilty plea to receiving stolen goods became a fact we could prove to the judge in Mr. Smith’s probation violation hearing. Relying on that fact, the judge imposed an additional four years of prison time for Mr. Smith to serve. These sentences together hold Mr. Smith accountable both for receiving stolen goods and for failing to meet the court’s requirements for the sentence it had suspended before.”