Nancy Drury Duncan

Special to Salisbury Daily Times

A naked man recorded on a surveillance video hosing himself off outside a Painter area home in Accomack County was found guilty of breaking and entering to commit a misdemeanor.

Jeffery Klutts, 42, of Belle Haven was in Accomack court on Jan.10 to face a felony charge of breaking and entering a structure in July 2018.

According to testimony in court, the homeowner, Travis McCleish, returned home and noticed his garden hose was not where he left it. After taking his dog for a walk, he went inside to look at the video from his surveillance system.

At the trial, the commonwealth showed the pertinent parts of the video. It showed Klutts, who McCleish said he did not know, walking up the driveway stark naked and then picking up the hose and hosing himself off.

McCleish said he was looking at the video when he heard a voice coming from somewhere in his house. He told the court he picked up his gun and walked out into the hall.

There stood the same man, still wearing nothing, his body covered with tattoos, the court was told.

“He scared me to death,” said McCleish. “I stopped in my tracks.”

McCleish said it was clear the intruder had no weapon and said he did not take his gun from his pocket.

“I asked him what he was doing in my house and told him he needed to get out,” McCleish told the court.

He said Klutts responded, “I need a towel,” and then turned and walked out the front door saying he had the wrong house. He walked out the driveway. McCleish said he stood by his truck and watched the man leave.

Later, McCleish said he again took his dog for a walk when he saw a red Toyota Echo parked at the corner. He decided to call a relative who is a deputy.

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As he was making the call, the man was seen again, this time wearing only a pair of shorts. Police came and began to search for the intruder.

Sgt. Robert Taylor of the sheriff’s office testified he was walking through the woods when he saw a red vehicle coming toward him. He said he drew his gun and stopped the car.

Taylor said the defendant had a large knife in the car with him and appeared to be “possibly under the influence.” Klutts was arrested and charged with burglary.

Defense attorney Patrick Robbins made a motion to strike the evidence presented by Commonwealth’s Attorney Spencer Morgan and seen on the surveillance video.

“The defendant hosed himself off,” said Robbins. “He was in the house for 40 seconds.”

He said the video clearly showed the man had nothing in his hands that belonged to the homeowner. He said the man thought the house was unoccupied and was under the influence of drugs and alcohol.

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“This is trespass at best, certainly not breaking and entering,” said Robbins.

“He said he needed a towel,” said Morgan. He had the intent to enter and take it.

Robbins said his client was near the house for at least two hours. “There was no indication he was there to steal anything. He opened an unlocked door. Using a towel is not larceny,” Robbins said.

Discussion between substitute judge Burke F. McCahill, the commonwealth’s attorney and Robbins about the defendant’s intent continued until the judge denied Robbins' motion to strike the evidence.

Morgan argued that the intent was shown for larceny. He said the homeowner, confronted in his house with an unknown wet, naked man covered with tattoos, “had a cool head.”

The judge found Klutts guilty of the lesser felony charge of breaking and entering to commit misdemeanor and ordered that a presentence report be prepared along with an evaluation for the community corrections alternative program or CCAP.

Klutts will remain in jail until his sentencing. A sentencing date was not set.