The operator of Waynesboro’s Barn Restaurant was granted bond Friday after spending more than 10 days in Middle River Regional Jail.
Calvin Edward Wilkerson III faces eight felony embezzlement charges for failing to pay food and beverage taxes to the city and four misdemeanor charges for failing to file the food and beverage tax reports.
He had been held jail since Nov. 11 following a grand jury indictment on a second round of charges.
His prior criminal history likely played a role in his prolonged detention. In 2013, Wilkerson had a conviction for felony embezzlement in Charlottesville, according to court records. He received an active jail sentence of six months and an indefinite period of probation plus $13,000 in restitution costs.
Waynesboro Commonwealth’s Attorney David Ledbetter told AFP that Wilkerson’s bail today comes with numerous conditions.
He must pay $5,000 in cash that will be applied to court costs, restitution or fines. Ledbetter said Wilkerson must also remain in the Commonwealth of Virginia and report to Blue Ridge Court Services.
Circuit Judge Paul Dryer also ordered Wilkerson not to operate the Barn Restaurant or any restaurant in Waynesboro where he would serve in a managerial capacity.
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Wilkerson’s attorney, public defender Jessica Armstrong, said Wilkerson has the opportunity to work for a Nelson County restaurant.
Wilkerson plans to live in a Charlottesville residence.
While Wilkerson was originally set to return to court on Dec. 17, he instead will next appear on Feb. 2 of next year for a trial on all 12 charges.
According to a criminal complaint against Wilkerson filed in Waynesboro Circuit Court in June by Waynesboro Commissioner of the Revenue Sabrina von Schilling, Wilkerson had submitted the food and beverage taxes for the years of 2022, 2023 and 2024. The commissioner of the revenue said the monthly average of those taxes exceeded $1,000.
Von Schilling said in her complaint that Wilkerson failed to file reports of the tax collections for February, March, April and May of this year. A criminal complaint filed by Ledbetter said Wilkerson also failed to pay city food and beverage taxes for the same months.
A second round of failing to pay food and beverage taxes later in 2025 was presented to a grand jury earlier this month. The grand jury indicted Wilkerson for four additional charges of failing to pay the taxes to the city.
In October, a former employee also won a default judgement against Wilkerson and the Waynesboro restaurant for nearly $6,500 in unpaid wages, according to court records.
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