Attorney Blog

Unlawful Search of Virginia Backyard Deck Leads to Dismissal of Marijuana Prosecution

Wed, 07 Dec 2011 08:00:00 EST

These Law Chambers achieved a significant outcome for a Goochland, Virginia man on trial for possession of marijuana found by a police officer whose presence there exceeded the owner's implied invitation to be upon his property.

In September 2010, the home of the defendant's next door neighbor (who lived several hundred yard away) was the site of a police investigation of a burglary. The burglars had entered the home by breaking in through the rear of the house. The police were unsure when the burglary occurred, but it could have been between noon and 3:45 in the afternoon when the neighbor was absent.

A Goochland sheriff's deputy drove to the defendant's home next door to the burglary site to inquire if he had noticed anyone suspicious in the vicinity. Despite the presence of several "Posted" (i.e., "no trespassing") signs placed at the entrance to the defendant's property, the officer proceeded up the driveway to the defendant's residence. After confirming that the lone vehicle in the driveway was registered to the address, the deputy went to the front door and rang the bell and knocked. He got no response.

The deputy then walked around to the rear of the house. He explained in testimony he gave at a suppression hearing that he first wanted to see if the owner was in the rear of the house, and secondly, to see if there was evidence of a break-in similar to the home next door. He admitted he had observed or heard nothing since arriving on the defendant's property to indicate anything was amiss.

When he got to the attached rear deck he observed a planter box containing three marijuana plants. He knocked on the rear door and getting no response, he departed. Thirty minutes later he returned and encountered the owner, and wrote him a summons for possession of marijuana. The deputy did not attempt to obtain a search warrant based upon what he earlier observed on the deck.

Over defendant's objections that the marijuana should be suppressed because it was seized in violation of the defendant's Fourth Amendment rights, the general district court convicted him. An appeal of that decision was immediately made to the circuit court.

A pre-trial suppression hearing was conducted by the circuit court. The judge rejected both of the Commonwealth's arguments: 1) that the search was reasonable under the circumstances, and therefore not violative of the defendant's Fourth Amendment rights; and 2) that even if the search was not reasonable, the "community caretaker" exception to the search warrant requirement applied because the officer was checking on the welfare of the occupant.

The circuit court ruled that the search was not reasonable, and that while the officer may have been acting within the law when he went to the defendant's front door, the "no trespassing" signs negated any implied consent by the owner to come onto his land, regardless of whether it was a police officer, or any other person who was not invited upon the property by the owner.

The circuit court also decided that the "community caretaker" exception did not apply because there was no exigent circumstance involed (i.e., a reason to believe that anyone in the defendant's home was in immediate danger or distress), and that there were no facts to suggest that the criminal activity that had occurred might be on-going there some 4 hours after the burglary of the neighbor's house.

After ruling that the seized marijuana plants could not be admitted into evidence, the Commonwealth's Attorney asked for a nolle prosequi (dismissal) of the charge, which the court granted.

If you, a loved one, or a friend is facing criminal charges in Virginia, please call to schedule a free consultation. Perhaps we can help.

Virginia Drug Lawyer Gets Goochland Marijuana Seizure Thrown Out of Court

Wed, 23 Nov 2011 08:00:00 EST

Many times, police -- though acting in good faith -- step over the line or make a mistake in judgment that can result in a defense verdict. If evidence is seized illegally, normally the courts will not allow it to be admitted at trial.

While under federal and Virginia law, search warrants are preferred, many exceptions to the Fourth Amendment bar against unreasonable searches exist. But, when a search is made of a person's home, or the curtilage of the home (the area outside the interior four walls), the courts have traditionally held the police to a higher standard when seeking to introduce into evidence items seized in a warrantless search.

Having a criminal defense lawyer willing to explore every possible defense is an advantage that cannot always be measured. A recent case in point illustrates why.

On November 22nd, a Goochland County (Virginia) Circuit Court judge rejected arguments of the Commonwealth's Attorney that a search was reasonable and therefore not violative of the Fourth Amendment, or alternatively, was a valid seizure under the "community caretaker" exception to the search warrant requirement. The evidence -- three marijuana plants in planters on the deck attached to the rear of the residence -- obtained was suppressed.

The Court did not believe under the facts that the deputy's presence at the rear of the house was reasonable, and the contraband was seized legally as it was in "plain view." While not questioning that the deputy making the seizure believed he was acting appropriately when he went to the rear of the defendant's residence to advise that a neighbor's house had been burglarized 3.5 hours earlier, and to make inquiry of the defendant if he had noticed any suspicious vehicles in the area, when the deputy walked to the rear of the residence after getting no answer at the front door, he exceeded the implied consent he might expect the owner to extend to police or other visitors. Moreover, several "Posted" signs were visible at the driveway entrance, which the Court held under existing law, would negate any implied consent by the owner to police or the public at large. The Court said it made no difference that the deputy did not see the signs.

For the "community caretaker" exception to the warrant requirement to apply required the existence of some exigency. The "community caretaker" exception was found not to exist under these facts. The mere fact that the deputy was checking to see if the defendant's home -- as was the neighbor's house -- had been broken into from the rear, was alone, not an exigent circumstance. The deputy had no facts to form a reasonable suspicion anyone in the house was in distress or danger, and the burglary of the neighbor's house had occurred almost 4 hours prior.

For these reasons, the Court ruled that the marijuana seized could not be used at the defendant's trial. Without that evidence, it is unlikely the Commonwealth can proceed, though it is considering an appeal of the Court's ruling.

If you or a loved one has been charged with a misdemeanor or felony in federal or state court in Virginia, please contact us to schedule a free consultation.

Lawyer for Virginia Gambling Charges | Federal Courts | State Courts

Sat, 08 Oct 2011 08:00:00 EST

Although there are several forms of illegal gambling in Virginia, such as not having enough insurance coverage, and participating in the Social Security program -- which is a Ponzi scheme -- illegal gambling is a crime.

Except for charitable gaming activities which are strictly monitored and enforced by a dision of the Department of Agriculture, illegal gambling in Virginia is punishable either as a misdemeanor or a felony. Forms of illegal gambling in Virginia are those typically found in other states. For instance, betting on professional or amateur sports, running a private casino, or gambling games involving cards or dice.

Whatever the violation, it is incumbent that a person arrested for violation of Virginia's gambling laws obtain legal counsel to assist them from the very beginning. An experienced criminal defense attorney will get the best results.

Although many people believe that all attorneys are capable of handling every type of case, this is a false impression. Admission to practice law in Virginia merely means that the attorney has been tested and met the minimal qualifications to practice law for the public benefit -- not that he or she is an expert in every field! One is better served with an attorney who has a proven track record in criminal defense cases, and especially in those involving the particular offense for which counsel is being sought.

The Law Chambers of Anton J. Stelly is located in Richmond. It is a statewide practice that concentrates on criminal defense law -- both state and federal. The principal of the firm, Anton J. "Tony" Stelly, is a former FBI agent, and was qualified as a legal adviser who conducted training for FBI agents in Washington DC and Dallas Texas, as well as local law enforcement officers in both those locales. He knows criminal law and procedure!

If you or a loved one has been charged with illegal gambling, or any Virginia state or federal crime, the Law Chambers of Anton J. Stelly offers a free consultation. To schedule a consultation to discuss your case, complete the contact form on this webpage or call 804.726.4778.

Juvenile Sex Charge | Virginia Criminal Defense Lawyer | Richmond | Alexandria

Sat, 17 Sep 2011 08:00:00 EST

Juvenile sex crimes can involve juveniles -- person under 18 -- or juveniles and adults.

One of the keys to the nature of the charge will be the age difference between the persons involved in the sex act. If there is more than a 3 years age difference, the act will be more severely punished.

Often, there will be multiple charges involved. the following report from Henrico County illustrates an adult-juvenile scenario.

A man arrested this week in the closet of an eastern Henrico County home was ordered held without bail Thursday and faces a Nov. 7 preliminary hearing on multiple drug and sex charges.

Harry S. Bailey Jr., 40, of the 2800 block of East Laburnum Avenue entered the home in the 2600 block of Grand Glen Road on Monday morning and was seen by a neighbor, who called police, authorities said. A search of the home by police turned up Bailey hiding in a closet, according to Henrico police.

Police said Bailey revealed that since April a sexual relationship had been going on between him and a 14 year old girl who resided there.

Bailey works as a forklift operator, and has no apparent history of felonies, stands charged with: two counts of carnal knowledge without force of a juvenile; two counts of nonforcible sodomy; a charge of contributing to the delinquency of a minor; and one count of possession of marijuana with intent to distribute.

If you or a loved one is facing sexual assault charges and would like to discuss them further, contact me to schedule a free consultation.

Malicious Wounding Charge Upgraded to Homicide When Victim Dies

Thu, 15 Sep 2011 08:00:00 EST

A Radford University student from Chesterfield County, Virginia faces a murder charge in a late-night assault last month in downtown Radford.

Eric S. Czajkowski, 24, a senior majoring in business management, was arrested Friday at his Chesterfield home after a Radford grand jury indicted him on a single count of second-degree murder. He is accused of killing Michael Allen Duncan, 39, during an Aug. 19 encounter, said Radford police Lt. Andy Wilburn.

According to police, Czajkowski was talking with two or three other people on a sidewalk in downtown Radford when Duncan came up to them and made a remark that apparently offended Czajkowski.

"We don't know whether the victim was talking to (Czajkowski) or the other folks that he was standing beside," Wilburn said.

Czajkowski then struck Duncan with his hands or fists, Wilburn said, causing Duncan to fall to the sidewalk and strike his head. Duncan died three days later at Carilion Roanoke Memorial Hospital of a severe wound to the back of his head, Wilburn said.

The injury occurred "when he landed and his head hit the sidewalk," Wilburn said.

Duncan's official cause and manner of death are still pending, a spokeswoman for the state Medical Examiner's Office in Roanoke said.

The assault occurred about 11:45 p.m. in the 1400 block of East Main Street in an "area where there are a couple of drinking establishments," Wilburn said. Investigators aren't certain whether Czajkowski had been drinking that night, he added.

Wilburn said there's no indication that Czajkowski and the victim knew each other.

Czajkowski was initially charged with aggravated malicious wounding.

Online court records show that Czajkowski was charged earlier this year with a similar offense. He was arrested Jan. 23 on a malicious-wounding charge that was later reduced to misdemeanor assault and battery and eventually dismissed on April 14, records show.

Security Guard Gets 50 Years for Shooting Wife

Thu, 15 Sep 2011 08:00:00 EST

Damond J. Austin cursed and wept as he told a Henrico County detective that he'd been driven to a point of rage when he learned that his wife of 14 years had been cheating on him. He shot her at point-blank range in the left temple.

Henrico Deputy Commonwealth's Attorney Frank LaRuffa argued that Austin, 33, had carried out a reign of terror and domestic abuse within the family for years, even as he regularly worked and provided for the family.

The culminating act of abuse came on that February night, LaRuffa said, when Austin attacked his wife as she held the couple's infant daughter and then fired a round from a .40-caliber handgun into the woman's head.

Starshema Austin, could not bring herself to speak of the tragedy Wednesday. The bullet is dangerously lodged in her throat, and she suffers from severe sensory loss in her eyes and ears. Much of the left side of her face is the product of reconstructive surgery.

In May, Austin pleaded guilty to aggravated malicious wounding and use of a firearm in the commission of a felony. He faced up to life behind bars.

Henrico Circuit Judge L.A. Harris Jr. ordered Austin to prison for 50 years: 70 years with 23 years suspended for the shooting and three years for use of the firearm.

Henrico Virginia Woman Gets 22 Years for Murdering Tenant

Thu, 15 Sep 2011 08:00:00 EST

Felicia M. Grahn lost a bid September 14th for a mistrial in her murder case and will go to prison for 22 years in the shooting death last year of the mother of six children.

Grahn, 40, lived with her husband in the 3900 block of Genacre Lane in Henrico County off Laburnum Avenue. She told a jury in May that she was attacked in August 2010 by 34-year-old Dollie Blow, who rented a shed in the Grahns' backyard but was being evicted for nonpayment.

A jury found Grahn guilty of second-degree murder and two firearms charges, recommending a sentence of 22 years. Judge Gary Hicks sentenced Grahn to the 22 years in prison recommended by the jury.

Grahn apologized for her actions and said she had never meant to kill Blow. Grahn had testified that Blow jumped on her back when Grahn came to the shed to investigate Blow's report of a fire.

When police arrived, Grahn said she had shot Blow and turned over a 9 mm semiautomatic pistol that she later testified she'd never before used. Investigators found Blow dead in the bathroom and discovered that two grandchildren she had been babysitting witnessed Blow's death.

Federal Court Jury Convicts Two in Failed Hold-Up

Thu, 15 Sep 2011 08:00:00 EST

Two men were convicted today in Richmond federal court for a violent attempted robbery at a Caroline County truck stop that left a good Samaritan with multiple gunshot wounds.

A U.S. District Court jury deliberated about three hours before returning early that afternoon with guilty verdicts against Winston Sylvester Oliver II and Warren Harold "Fleet" Brown on all eight charges they faced in a trial that began Monday. Judge James R. Spencer could sentence the two Richmond-area residents to up to life in prison for their convictions on federal firearm, conspiracy and attempt-to-commit-robbery charges.

Authorities said Oliver was the getaway driver and Brown the trigger man in a failed attempt to rob the Mr. Fuel Truck Plaza off Interstate 95 in Caroline County's Ruther Glen area on May 8, 2010, about 9:30 p.m.

Store security video of the robbery try was widely disseminated on the Internet and showed Theodore Donald Edmund Jr., a U.S. Marine Corps and Vietnam War veteran, trying to stop the robber by smashing a beer bottle on his head. Edmund, who was shot in the head, shoulder, groin and buttocks but recovered from his injuries, testified Monday.

Danielle Oliver, Winston Oliver's estranged wife, testified Tuesday that she unwittingly gave her husband information that would lead him to plan the robbery after she got a job as a cashier at the truck plaza in November 2008. She said her husband was especially interested in finding out that the cash registers at Mr. Fuel were not routinely cleared out at regular intervals, resulting in several thousand dollars accumulating in relatively short order.

Over the next several years, Danielle Oliver testified, her husband became fixated on trying to rob the truck plaza.

Richmond DUI Lawyer | Preliminary Breath Tests

Mon, 12 Sep 2011 08:00:00 EST

Many times a police officer conducting a traffic stop for suspicion of DUI in VIrginia will ask the driver to submit to a Preliminary Breath Test (PBT) at the scene. This is OPTIONAL in Virginia, and the officer is required to tell you the results cannot be used in court.

As an experienced DUI lawyer in Virginia with a good success rate, I can you tell you that is not completely true.

For instance, if you take the PBT and your Breath Alcohol Concentration (BrAC) is shown to be 0.05 or above, the officer will use the result to sustain his probable cause to arrest you for DUI, either alone, or in conjunction with other evidence. If you challenge the probable cause to arrest at trial -- for instance, you did well on the Field Sobriety Tests, or did not even take them -- the officer is permitted to testify as to the PBT reading to establish probable cause, though not your guilt of the charge of DUI.

Therefore, the test CAN be used against you in court, and you should carefully consider whether to take it or not.

If you have any other questions about yours, or a loved one's arrest for DUI in Virginia, complete and submit the contact form on this page, or telephone 804.726.4778, to schedule a free consulation.

Virginia Criminal Defense Lawyer | Federal Courts | Barefoot Bandit Pleads Guilty

Wed, 07 Sep 2011 08:00:00 EST

DUI & Texting Proves Fatal to Two; Disastrous to One

Wed, 31 Aug 2011 08:00:00 EST

A 17-year-old who was speeding, driving drunk without a license and talking on a cell phone moments before crashing into a car and killing two men on the Powhite Parkway Extension was convicted in Chesterfield Circuit Court on August 31st on two counts of aggravated involuntary manslaughter.

After a three-hour trial Judge Harold Burgess convicted Jose F. Martinez on the manslaughter counts and on an additional charge of driving under the influence of alcohol.

The judge set sentencing for Dec. 5. Martinez, who was tried as an adult, could be sentenced to up to 41 years on the three counts. He faces a mandatory sentence of at least one year on each of the manslaughter convictions.

According to trial evidence, Martinez, a high school junior, was driving north in the southbound lanes of the Powhite extension about 2:30 a.m. on March 19 when he collided with a car occupied by Imad H. Elawar, 29, and his close friend and passenger, Sammer S. Ballout, 32.

After the crash, Martinez told one officer he had consumed seven beers and another that he had five to seven shots of tequila about 30 minutes before slamming into the victims' vehicle while talking on his phone to his girlfriend.

According to testimony, Martinez had a blood-alcohol level of between 0.12 and 0.19 percent was traveling 94 mph five seconds before the crash, based on readings from the onboard computer of the 2004 GMC Yukon he was driving.

Martinez repeatedly told officers he was intoxicated and had taken his parents SUV without them knowing. He had learner's permit to drive and was apparently trying to reach his girlfriend's house when he crashed near the Reams Road overpass. He initially was oblivious to hitting another vehicle and wasn't certain whether he was injured.

An officer testified today that Martinez cried when informed at the hospitial that he had killed two people, stating, "I deserve whatever happens to me."

Virginia's Implied Consent Law and DUIs

Fri, 26 Aug 2011 08:00:00 EST

Although many people do not realize this, Fourth Amendment rights even apply to DUI arrests.

The implied consent law enacted in Virginia and in most other states is assumed to to be a legal search and seizure of evidence (your blood or breath for the presence of alcohol). However, the implied consent law justifies the seizure of your blood or breath ONLY following a valid arrest for DUI. In other words, if the arrest is illegal, the results from the blood or breath test are not admissible at trial to prove guilt.

In Virginia, a competent and experienced DUI attorney will immediately attempt to ascertain whether the arrest for DUI preceded the administration of the blood or alcohol test for alcohol -- in which case the results are admissible -- AND whether the arrest was valid -- in which case the results are inadmissible.

If you or a loved one have other questions about DUIs and your constitutional rights, please complete the attached contact form or call us at 804.726.4778, to schedule a free consultation.

Federal Arrest Tactics That Can Prejudice Your Rights

Thu, 25 Aug 2011 08:00:00 EST

Rule 5 the Federal Rules of Criminal Procedure requires that a person arrested with or without a warrant be taken before a federal magistrate "without unreasonable delay." The purpose of Rule 5 is to ensure that the arrested individual is advised of the nature of the charges against him, is informed of his right to have an attorney present during questioning, and of the nature and extent of other Constitutional protections available to him or her.

Though the language of Rule 5 is clear and distinct, persons arrested on federal charges are rarely brought directly before and magistrate. In addition to fingerprinting and photographing the arrestee, federal law enforcement officers usually try to interrogate the arrestee about the crime before bringing him or her before a federal magistrate. The federal officers usually advise the person of his rights to remain silent, to have an attorney present, and that statements he may give if he chooses to speak with them can be used against him in a court of law. However, the federal officers are not a substitute for the federal magistrate; in fact, federal officers are not required to tell the person arrested who they have in custody of his right to be brought before a federal magistrate "without unnecessary delay."

However, any confession or incriminating statements the federal officers may obtain prior to presenting the arrestee to a magistrate may be subject to attack later, especially if more than six hours has passed from the time of the arrest until the arrestee is brought before the federal magistrate. Upon motion made by defense counsel, the District Judge is encouraged by statute to examine the voluntariness of any confession or incriminating statement obtained between the time of arrest and the presentment. If the judge determines that the arrestee's statements were involuntary, made under duress, or coerced, those statements may be prohibited from being used against the arrestee at trial.

If you or someone you care about person arrested on a federal criminal charge the services of an experienced and aggressive criminal defense lawyer should be secured as soon as possible. Delays in obtaining the assistance of counsel in many cases has proven detrimental to the best interest of the arrestee.

The Law Chamber of Anton J. Stelly offers a free initial consultation in all federal criminal matters. To schedule an appointment call 804-726-4778, or complete the contact information box on this website.

DUI Resulting in Death of Another in Virginia Can Mean Years in Prison

Thu, 25 Aug 2011 08:00:00 EST

If another motorist or passenger or pedestrian dies as a result of the acts of a driver having a blood alcohol level (BAC) in excess of 0.08, Virginia law provides that the person can be charged with involuntary manslaughter.

Involuntary manslaughter is a Class 5 felony, punishable by imprisonment of not less than 1 nor more than 10 years.

However, if the conduct of the defendant was "so gross, wanton and culpable as to show a reckless disregard for human life," he can be found guilty of aggravated involuntary manslaughter, a felony punishable by term of imprisonment of not less than one nor more than 20 years. If convicted of aggravated involuntary manslaughter, one year in prison is a mandatory minimum sentence.

Because the punishment is so severe, it is crucial that a person charged with involuntary manslaughter or aggreavated involuntary manslaughter be defended by a Virginia attorney who knows how to defend such charges and has experience with them. If you or a loved one have further questions about this or any other criminal law or issue, please contact us by e-mail or telephone to schedule a free initial consultation.

Virginia Penalty for Driving in Violation of Terms of Restricted License

Thu, 25 Aug 2011 08:00:00 EST

A person convicted of DUI in Virginia automatically loses their license to drive for a period of one year. However, most persons convicted of a first offense DUI in Virginia are permitted to have the judge consider granting them a restricted license to drive. This is a benefit the law confers under most circumstances.

A restricted license granted under this provision of law places limits on the days of the week and times of day a person may drive legally, as well as the places a person may drive to and from. Usually, permission is granted to drive to and from one's place of employment, to and from school, to and from VASAP, and in unusual circumstances, doctors appointment for themselves, parents or children. One of the conditions judges expect a convicted DUI driver to comply with all the time is the attendance at the VASAP meetings.

Failure to strictly comply with the restrictions placed on one's ability to drive will result in a separate misdemeanor charge punishable by up to one year in jail and a $2500 fine. If convicted of driving outside one's driving restrictions, he or she can expect this restricted license to be revoked.

If a person violates three times within a ten-year period, upon the third conviction, he or she will be punished as a Class 6 felon and face up to five years in prison.

Quick Facts About Involuntary Manslaughter in Virginia

Thu, 25 Aug 2011 08:00:00 EST

Involuntary manslaughter in Virginia may arise from any of these circumstances:The performance of an unlawful, but not a felonious act; or the improper performance of a lawful act; or the omission to perform a legal duty owed the decedent.

When involuntary manslaughter is based on the defendant's performance of an unlawful act, such as a violation of a statute, the violation must be the proximate cause of the homicide.

In all other cases the defendant's negligence is at issue. In order to convict of involuntary manslaughter in Virginia for prosecution's evidence must show the defendant's conduct was so gross as to indicate a callous disregard for life. In these cases, the issue becomes in many instances, whether the defendant knows of a dangerous risk to others that he is causing. This is an objective test judged by the standard of what a reasonable person in the defendant's position would or should have done.

Whatever the circumstances of the case, it is important that an attorney with experience in representing persons charged with involuntary manslaughter be retained. Conviction of involuntary manslaughter is punished as a Class 5 felony which will result in a term of imprisonment of not less than one nor more than 10 years. However, in the discretion of the jury or other court trying the case without a jury, the punishment may be reduced to up to 12 months in jail, a fine of up to $2500, either or both.

If you or a loved one has further questions about this or any other criminal issue, please complete the contact information form on this webpage, or call us to schedule a free initial consultation.

Virginia ASAP Information

Wed, 24 Aug 2011 08:00:00 EST

Persons convicted of DUI in Virginia will almost always be referred to the Virginia Alcohol Safety Action Program, popularly known as either "VASAP" or "ASAP."

This program requires you to meet for an initial evaluation and intake, and if you are accepted, a schedule of meetings will be given to you. Upon completion of court-ordered VASAP, your license may be restored in full.

Things to Note:

1. Attendance is MANDATORY for 1st and 2nd offense DWI.

2. It is almost always better to enroll in ASAP BEFORE the trial date as well as applying for a restricted driver's license.

3. You MUST complete ASAP in order to get your license reinstated. You cannot get it reinstated otherwise unless specially directed by the court – which RARELY happens (less often than Virginia Earthquakes)!

4. If you violate any of the terms of the restricted license and/or fail to comply with ASAP program, you are guilty of a SEPARATE Class 1 Misdemeanor, and your license will be suspended for 12 months from the date found guilty of the show cause.

For more information on specific programs, click the link below.

http://www.vasap.state.va.us/vasapprograms/vasapprograms.html

Assault and Battery of Police Officer in Virginia

Tue, 23 Aug 2011 08:00:00 EST

Virginia Code section 18.2-57 prohibits assaults against third persons. Subsection (C) provides for an enhanced punishment if the person assaulted is a police officer.

Most assault charges are punished as Class 1 misdemeanor unless a police officer is assaulted. If the police officer is a victim of an assault, it rises to the level of Class 6 felony, which means a term of imprisonment of not less than 1, nor more than 5 years.

However, a person convicted of assaulting a police officer MUST receive a mandatory minimum sentence of 6 months in prison. In other words, even if the court or jury believes the assault of the police officer is not severe, the minimum sentence that MUST be imposed is 6 months incarceration.

The line between assaulting a police officer and simply resisting arrest can be blurred, but as many people find, the punishment for assaulting an officer is very severe.

If you, a friend or a loved one desires further information on this topic, please contact us for a free consultation.

12 Years Assessed for DUI Death in Hanover, Virginia

Tue, 16 Aug 2011 08:00:00 EST

A Hanover County, Virginia judge sentenced a Mexican national, Feliciano Aguas-Suarez, to 12 years in prison upon his guilty plea to DUI-related aggravated manslaughter of a 23-year old man. The accident occurred when the vehicle Aguas-Suarez was driving crossed a double yellow line on a state highway and struck the victim's vehicle almost head-on, flipping it and ejecting the victim.

The state sentencing guidelines suggested a lesser maximum sentence of 8 years, but Judge Overton Harris went above them in pronouncing sentence. Evidence was presented that Agusa-Suarez was in the U.S. illegally, and had several prior run-ins with the law which did not result in his deportation. Judge Harris perhaps was swayed in going outside the guidelines by the argument of the Commonwealth's Attorney that a longer sentence would "send a message" to lawmakers and to those who drink and drive.

What is obvious is that in Hanover County, DUIs are taken very seriously, and the penalties imposed can be extremely harsh.

Manassas Man Dies After Being Hit by Stun Gun: Police Under Investigation

Sun, 07 Aug 2011 08:00:00 EST

According to an AP report, an 29-year old Virginian died after being hit by a police "stun gun" as police were trying to take him into custody.

Prince William County Police say the man died at a hospital after officers used a stun gun to try to subdue him.

The department says in a news release that 29-year-old Debro Lamonte Wilkerson of Manassas, Va., was combative while fire officials tried to treat him. Officers then used the stun gun as they tried to take him into custody.

It was not immediately clear what Wilkerson was being treated for. Officials are investigating how he died, and it is unclear whether the stun gun was directly related to Wilkerson's death.

Police are conducting a criminal and internal investigation into the incident.

When Police Are Arrested We All Suffer

Sun, 07 Aug 2011 08:00:00 EST

I spent 15 years in the FBI. From the first day, until the last, one thought was drilled into my consciousness, and governed how I conducted my job: "Don't embarass the Bureau!" And this meant not only in the manner in which you performed your official duties, but extended to how you comported yourself in your "private life."

In the years since I left the Bureau, there have been a few reported instances --- serious incidents --- where Special Agents failed to live up to that edict. But the fallout of each indiscretion not only resulted in the censure, dismissal, or even prosecution of the particular agent, but tarnished the reputations of all other agents in the Bureau. This happens when any law enforcement agent steps over the line and comprises his oath to uphold the law and "defend the Constitution."

In sum, people begin to question the status quo. The public loses faith not only in that individual, but begins to question the integrity of his fellow officers who may rightfully think, "can we trust the other officers in this department?" This is a legitimate and expected response from a public already leary by newspaper accounts of dishonesty and misconduct by state, local and federal law enforcement officers.

This is why when choosing a criminal defense attorney to represent you or a loved one, your selection should be based on the attorney's reputation for getting things done right, conducting a thorough investigation of the underlying facts, and fighting to pry loose information that the prosecutor and the investigators don't want you to see. Your attorney should be willing to ask the hard questions, not accept on face value what appears to be valid and legal, and put the investigator, the prosecutors, and their evidence on trial!

If you or a loved one if facing seriuous misdemeanor or felony charges in state or federal court in Virginia, contact my office for a free 15-minute consultation.

Virginia Drug Lawyer Provides Schedule of Penalties for Drug Crimes

Fri, 05 Aug 2011 08:00:00 EST

VIRGINIA DRUG PENALTIES

For Virginia schedules, see Virginia Code Annotated at 54.1-3446, which may differ slightly from the federal schedules listed above by following this link: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+54.1-3446

First Offense

Manufacturing, selling, distributing, giving or possessing with the intent to manufacture, sell, give or distribute (Virginia Code Annotated at 18.2-248 and 18.2-11). Schedule I and II drugs, and transporting into Virginia one or more ounces of cocaine and five or more pounds of marijuana with intent to sell or distribute: not less than five years nor more than 40 years; fine not more than $500,000.
Schedule III, IV or V drugs: not more than 12 months; fine not more than $2,500.

Trafficking in the following amounts is punishable by imprisonment of 20 years (in certain cases a mandatory minimum sentence of twenty years) to life and a fine of not more than $1 million:

heroin: 1.0 kg or more
cocaine: 5.0 kg or more
cocaine base: 2.5 kg or more

Simple possession of a controlled substance is punishable as follows:

marijuana: a misdemeanor; not more than 30 days; fine of not more than $500. (Va. Code Ann. @ 18.2-250.1)

Schedule I or II drug: not less than one year nor more than 10 years; or, in some cases, up to 12 months and fine of not more than $2,500.

Schedule III drug: not more than 12 months; fine not more than $2,500.

Schedule IV drug: not more than six months; fine not more than $1,000.

Schedule V drug: fine not more than $500.

Schedule VI drug: fine not more than $250.

Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana: (Va. Code Ann. @ 18.2-248.1)

• Not more than 0.5 ounce of marijuana: not more than 12 months, fine of not more than $2,500.

• More than 0.5 ounce of marijuana but not more than 5 lbs. of marijuana: up to 10 years, fine of not more than $2,500.

• More than 5 lbs. of marijuana, not less than five years, nor more than 30 years.

• Manufacturing marijuana: not less than five years nor more than 30 years, fine not to exceed $10,000.

Other Penalties, Second and Later Offenses

Sale of drugs on or near school property (including universities), state hospital grounds, a public recreation or community center or any public library is a felony punishable by a mandatory sentence of not less than one year nor more than five years; fine of not more than $100,000 (Virginia Code Annotated at 18.2-255.2).

Forfeiture of driver's license may also occur as a result of drug violations. (Va. Code Ann. @ 18.2-259.1)For penalties for sale of drugs to someone under age 18 who is least three years younger than the seller see Va. Code Ann. @ 18.2-255.

Enhanced penalties also apply to subsequent offenses.

Virginia Drug Lawyer Provides Schedule of Penalties for Federal Drug Crimes

Fri, 05 Aug 2011 08:00:00 EST

In Virginia, a person may be charged with a drug offense when they are found to have even a small quantity of drugs in their possession. In other words even the residue of crack cocaine or marijuana in a smoking bowl is sufficient to sustain a charge and obtain a conviction for possession of drugs.

The penalties for drug possession are different and depend on the type of drug possessed or distributed or manufactured, and the amount of drugs by weight. Other factors that determine punishment include the circumstances involved in the particular case, and the defendant's prior criminal history.

Even the possession of drug paraphernalia is a crime in Virginia. In other words, possession of a smoking device or syringe or spoon used to take illegal drugs is punishable as a crime.

The penalties are harsh regardless of the crime, and except for a person convicted of simple possession of marijuana for the first time who has no prior drug convictions, some jail or prison time is likely to be assessed, with a period of probation tacked on. This is true even if the conviction is for a misdemeanor rather than a felony.

If you or someone you know is facing a drug possession charge in Virginia don't settle for just any attorney to represent you or them. This area of law is very complex and not every lawyer has the experience to render expert service from the time of arrest and trial. I have represented persons charged with drug possession and/or distribution offenses in Virginia state and federal courts since 1985. I welcome you to contact me if you or someone you know has been charged with a state or federal drug offense in Virginia. The initial consultation of 15 minutes is free.

New Virginia Law Targets Teen Drinking and Driving

Thu, 28 Jul 2011 08:00:00 EST

Although the Fairfax County Times did an admirable job in editorializing on Virginia's tough new teen drinking and driving law ("A law we can live with," June 24), it's important to ask why public policy like this is needed in the first place.

According to Virginia's Department of Mental Health, Mental Retardation and Substance Abuse Services' most recent statewide Virginia Community Youth Survey, alcohol is the "most commonly used substance" by Virginia teens. Specifically, Virginia's own figures show 76 percent of high school seniors and 64 percent of 10th-graders reported using alcohol.

In addition, more than one-quarter (27.8 percent) of Virginia's 12th-graders reported consuming five or more drinks in a row within the reporting period's past two weeks - a behavior not viewed as a "great risk" by 45 percent of U.S. teens, according to this year's Partnership Attitude Tracking Study conducted by The Partnership at Drugfree.org and MetLife Foundation.

Further compounding measures, and according to data from the Virginia Department of Motor Vehicles, is many of these underage drinkers also are getting behind the wheel. In 2010 and on average, a teen was injured in an alcohol-related traffic crash every 16 hours in Virginia.

Effective this month, teens convicted in Virginia of driving after consuming virtually any amount of alcohol will lose their driver's licenses for one year and be guilty of a Class 1 misdemeanor.

As one-third of teens killed in U.S. traffic crashes had been drinking, Virginia's new teen drinking and driving law is a most welcomed strengthening of Virginia's zero-tolerance position on this completely preventable crime.

Adults Who Allow Underage Alcohol Consumption Face Stiff Consequences

Thu, 28 Jul 2011 08:00:00 EST

Alcohol is so prevalent in today's society that its dangers may not be viewed as serious, even for underage drinkers, according to experts.

Yet parents should be concerned - and if they believe otherwise, they should consider the headlines, including the recent conviction of a 21-year-old Pinckney woman who provided the whiskey that killed her 18-year-old friend, said Assistant Chief Prosecutor Dan Garber.

"People are under the (perception that) if they take the car keys away from the juvenile, they are safe," Garber said. "You can still have poisoning, and (providing alcohol to a minor) is still against the law. You may think you're doing right by keeping them off the road, but you still expose yourself to risk."

Efforts to curtail underage drinking have been a countywide priority and has spawned organizations like the Hartland Coalition.

Jo Del Vero, community coordinator for the coalition, said one of the problems is that parents are not as aware of how much or where their children drink alcohol.

A recent study showed that 12 percent of adults believed kids drink at home, yet 30.5 percent of minors interviewed said they drink at home.

"No adult has the right to allow a minor to drink," Del Vero said.

Teens often take their cues about acceptance of alcohol consumption from their parents, who may adopt the attitude that they drank alcohol as teens and survived, said Kaitlin Fink, substance-abuse-prevention coordinator with Livingston County Catholic Charities.

"I think some (parents) have gone off their personal experiences," she explained. "They said, 'When I was 16, it wasn't good to drink, but I turned out OK.' They make it somewhat acceptable. I think they're trying to act as a child's friend instead of being a parent. They want to be the cool parent."

In addition, movies like "American Pie" glorify teen alcohol consumption, but the reality is far from amusing or fun, experts said.

According to a Drug Abuse Warning Network report, of the 189,000 alcohol-related emergency-room visits by patients ages 12 to 20 each year, an estimated 70 percent are for alcohol only.

Locally, a 16-year-old Linden girl was rushed to the hospital July 9 after allegedly consuming an unknown amount of alcohol at a bonfire following a graduation party in Genesee County's Argentine Township.

A report from the Substance Abuse and Mental Health Services Administration found that about 5,000 people under 21 die annually of alcohol-related injuries.

In June, Pinckney resident Lindsay Treanor was sentenced to three years of probation with the first six months in the Livingston County Jail for providing the Five Star whiskey that contributed to the death of 18-year-old Bryce Dickinson.

Experts said many parents view alcohol consumption as a minor infraction compared to other drugs, such as heroin, but it doesn't take much alcohol before a teen is in distress.

As little as 8 ounces of 80-proof vodka in an hour or two hours can lead to coma and death if no medical care is provided, according to experts.

Del Vero said more parents need to take "an absolute, definite stand" that alcohol consumption by minors is not allowed. Those who allow it should be held accountable, she noted.

At least 27 states - including Michigan - have social-host laws on the books.
In Michigan, the law says anyone who knowingly allows a minor to consume or possess an alcoholic beverage at a social gathering on or within their premises, residence or other real property has committed a misdemeanor offense punishable by up to 30 days in jail and/or a fine of up to $1,000.

Creekside Elementary School Principal Tracey Sahouri and her husband, Raed Sahouri, were recently cited by Argentine Township police under the state statute for allegedly allowing minors to drink after their son's graduation party.

The alleged behavior came to police attention after Raed Sahouri called 911 when he found a 16-year-old Linden girl vomiting from drinking too much alcohol.

Raed Sahouri said the teen showed up at his home in that condition, but police allege the teen consumed the alcohol at the home and that the couple knew minors were drinking alcohol.

Tracey and Raed Sahouri appear Sept. 8 in Genesee County court for arraignment.

Garber, who could not speak about the Sahouri case because he is not familiar with the out-of-county investigation, said that in those types of situations, parents have one decision to make - notify police.
"People should be concerned, whether it's their kids or not," Garber said.

Underage drinking "is a potentially dangerous situation. I think most parents do take it seriously, but alcohol is so prevalent in society that maybe it's not viewed as seriously as it should be," he added.

18 USC 924(c) Provides Harsh Penalties for Firearm and Drug Crimes

Thu, 28 Jul 2011 08:00:00 EST

18 USC 924(c) is the federal law that governs the punishment of persons convicted of using pr possessing firearms in connection with the sale or distribution of controlled substances such as marijuana, heroin, cocaine, crack cocaine and methamphetamines, or a a crime of violence.

Any person who possesses a firearm in furtherance of a drug trafficking crime or a crime of violence shall be sentenced to a term of imprisonment of not less than 5 years; if the firearm is brandished, the term of imprisonment becomes not less than 7 years; if the firearm is discharged, the term of imprisonment becomes not less than 10 years. Second or subsequent convictions of this law result in a term of imprisonment of at least 25 years.

If the firearm possessed is a short-barreled shotgun or rifle, or a semiautomatic assault rifle, the term of imprisonment becomes not less than 10 years for the first conviction and not less than 25 years for second or subsequent convictions.

If the firearm possessed is a machine gun or a destructive device, or a firearm equipped with a silencer or muffler, the term of imprisonment becomes not less than 30 years for the first conviction and life imprisonment for second or subsequent convictions.

All sentences imposed for any violation of this statute are mandatory and run consecutive to any other sentence impose. Also, individuals convicted for violations of this statute are ineligible for probation.

Because the consequences of a conviction under this law are so punitive, anyone charged with violation of this law should obtain the best criminal defense attorney available, one who understands the law and will fight for the best result that can be obtained.

Study: Large Number of Fans Leave Sports Events With High Alcohol Levels

Tue, 26 Jul 2011 08:00:00 EST

The University of Minnesota has released a study that unsurprisingly shows that one in eight people attending major sporting events (such as football and baseball) had blood alcohol levels exceeding the 0.08 legal limit to drive.

Those participating in pre-game tailgating activities were 14 times more likely to have a blood alcohol level above the legal limit.

Do not be surprised if you attend college football games this fall to see a higher concentration of police on roadways leading out of the stadium on the lookout for intoxicated fans departing the stadium.

If you arrested for DUI, be sure to engage services of a Virginia lawyer having both experience and a track record for success these types of cases .

Judge Imposes 15 Year Prison Term in DUI

Tue, 26 Jul 2011 08:00:00 EST

A judge in rural Ravalli County in northwestern Montana recently sent a message to DUI offenders in the wake of the attempts by some residents of that state to repeal Montana's DUI laws.

Judge James Haynes sentenced Scott Adams, a 40 year-and Montana resident, to 15 years in state prison after Adams was convicted of driving under the influence for the sixth time.

Adams, who lives in Stevensville, Montana, has previously received three probationary sentences for his drinking and driving habits. The judge revoked these sentences when he issued his final decree.

According to a local newspaper, The Missoulian, Adams' sixth DUI charge violated three probationary sentences stemming from previous drunk driving incidents.

Highest Court to Decide Whether Warrant Required for GPS Tracking by Police

Tue, 26 Jul 2011 08:00:00 EST

The United States Supreme Court will take under consideration for the first time the question of how federal and state police may proceed in using GPS devices to track the movements of criminal suspects. At issue is whether the Court of Appeals for the District of Columbia Circuit erred in finding that law enforcement officers violated the defendant's fourth amendment right to privacy by attaching a GPS device to his motor vehicle without having obtained a search warrant to do that in advance.

In Virginia, the question was answered in the Court of Appeals in a decision rendered in April of this year. In that case, the Court of Appeals ruled that Arlington County police did not need a warrant before placing a GPS tracking device on the defendant's work vehicle so that police can track his daily movements without following him. The reasoning behind this decision is there was no expectation of privacy in the defendant's movements. The Court of Appeals reasoned that following the defendant's movements for several consecutive days with a GPS tracking device was little different from using active police surveillance tactics whereby the police could follow him in cars or planes.

This is exactly the argument the United States attorney is likely to make before the Supreme Court. However, as the Court of Appeals for the District of Columbia Circuit was quick to point out, tracking someone's movements over a long period of time with sophisticated technology is not equivalent to traditional police surveillance methods. That court ruled the constitutional right to privacy was implicated and that the police should have obtained a search warrant before attaching the device to the defendant's car.

Virginia Boy Charged With Malicious Wounding

Wed, 20 Jul 2011 08:00:00 EST

Henrico, Virginia Woman Convicted of "Contributing" to Delinquency of Minors

Tue, 05 Apr 2011 08:00:00 EST

"Hear no evil, see no evil," is not a good maxim for parents to follow when hosting a teenage party.

In April 2011 in Henrico County, Virginia, a mother of 5 was found guilty of multiple counts of contributing to the deliquency of a minor after being arrested when police responded to her home on New Years Day and found a score of underage partiers who had consumed alcohol and marijuana.

While the precise nature of her involvement was unrevealed, newspaper accounts did not indicate that she provided the kids with booze or pot, but her presence in the home -- in another part of the house away from the teens attending her son's birthday party -- while all of this was going on was sufficient for the court to find her guilty of the charges. She was sentenced to over 1,000 days in jail total, with all but 15 days suspended.

The lesson for all parents -- and teens -- from this case is that Virginia takes seriously the enforcement of the underage drinking laws, even when it occurs in a private residence with an adult present.

The mother involved in this case could have avoided the convictions though if no marijuana was present, had she followed the law on this point; namely, by having at least one parent (or legal guardian) of each teen attending the party present at the party . The underage drinking statute does not prohibit teens from consuming alcohol in a private residence so long as one of their parents is present and consents to it.

Virginia Police Officer Sentenced on DUI Conviction

Tue, 05 Apr 2011 08:00:00 EST

"Equal Justice Under Law."

These words are chiseled deep into the portico of the U. S. Supreme Court Buidling in Washington, D.C., but its message extends further: even to Henrico County, Virginia.

Last summer a verteran police sergeant was involved in a traffic accident, and it was determined he was driving under the influence of alcohol. His Blood Alcohol Concentration (BAC) was measured in excess of 0.15, but less than 0.20 -- effectively, twice the legal limit of 0.079.

At his trial he was found guilty, and treated the same as any other first time DUI offender with an enhanced BAC level: a mandatory period of 5 days in jail, loss of his driver's license for a year, a fine, and attendance at ASAP.

The officer's name is not important here and will not be disclosed. His continued employment with the police department was jeopardized, in addition to the embarassment and humiliation he must have experienced before his family, the courts, and his fellow officers.

The poinit of this news item is this: DON'T drink and then drive! Virginia law does not distingusih between persons in authority positions from the "regular Joe."

Marijuana Possession Penalties in Virginia -- First Offense

Tue, 05 Apr 2011 08:00:00 EST

A person convicted of possessing marijuana for the first time has a good chance of not getting jail time.

Virginia does not treat marijuana possession as a "slap on the wrist" offense -- it is a Class 1 misdemeanor with a maximum jail term of 1 year, plus a $2,500 fine, and loss of driver's license for a year.

However, certain cases bear more leniency.

A "first-timer" may be eligible for "first offender stautus."

Attorneys who specialize in drug offenses may be able to obtain for their clients the benefits of this statute.

Virginia State Police Plan Sobriety Checkpoints in Richmond and Statewide

Thu, 30 Dec 2010 08:00:00 EST

Telephone calls to Richmond area police departments indicate this New Year's Day weekend, they will be assisting Virginia State Police in manning sobriety checkpoints to identify and arrest drunk drivers.

This is part of a nationwide effort encouraged by the National Highway Traffic Safety Administration to deter partygoers from getting behind the wheels of their cars after they have consumed alcohol.

Sobriety checkpoints have netted thousands of Virginians over the years they have been in effect, resulting in DUI arrests and convictions throughout the state.

Take our advice: if you plan to be celebrating with alcohol this weekend, do yourself a favor and have a designated driver, or call a taxi. Don't get behind the wheel of your car if you have been drinking.

If you need legal advice, call 804.726.4778.

TSA Search Procedures Protested In Richmond Airport

Thu, 30 Dec 2010 08:00:00 EST

On its website Thursday, December 30th, the Richmond Times-Dispatch ran this story:

"A Charlottesville man who stripped down to his underwear at Richmond International Airport in protest of security screening procedures was charged with disorderly conduct Thursday. Airport police identified him as Aaron B. Tobey, 21, who said he was a student at the University of Cincinnati. The incident occurred at 2:17 p.m. at Checkpoint B, the busier of the airport’s two checkpoints, said airport spokesman Troy M. Bell.

Bell said police reported that when they arrived at the checkpoint, they found Tobey, “absent of pants and shirt in full public view, exposing language regarding the 4th Amendment written on his chest and abdomen with marker or crayon.”

The message read, "Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated," said Bell.

The Fourth Amendment to the Constitution protects Americans against unreasonable search and seizure.

Many air travelers are upset by tough new, anti-terrorism screening procedures in which they must choose between full-body scans by detectors or pat-down searches.

Tobey was interviewed by airport police and federal authorities, issued a citation for disorderly conduct and released. He is scheduled for arraignment in Henrico County General District Court on Jan. 10."

Mr. Tobey may not be a lawyer, but we like his moxey, and wish him well.

Sobriety Checks Points Coming in Virginia at End of Year

Fri, 24 Dec 2010 08:00:00 EST

Sobriety checkpoints are popular during holiday weekends. Never more so than in the "Holiday Season" before Christmas and after New Year's Day.

While they serve a good purpose in identifying drivers who should have taken a taxi, no one wants to be subjected to them if they've just left a party and had some eggnog, a glass of wine, or a beer.

What to do, then, you may ask, if caught in one of these checkpoints on your way home?

Well, if you try to avoid it, you're likely to be pursued and stopped by one of the extra officers assigned to these details to round up folks who do just that.

The best thing to do is to be cooperative as you can without throwing away your chances of a fair trial.

Officers are allowed to stop cars at these checkpoints pursuant to a pre-approved plan, and they have to follow that plan. While they can stop every car if that is called for in the plan, they will usually stop every second or third car on busy exits or highways. It is wise to count who is allowed through and which cars are stopped. And then ask the officer (if you're stopped), what the plan calls for.

If you are directed to the side where the DUI officers are waiting, you will be asked whether you've been drinking, and how much. You do not have to answer that, and better serve yourself if you decline to answer. You may be threatened, but don't give in. You still have rights!

You make be asked to step out of the car to perfrom Field Sobriety Tests. Again, you do not have to do these, and can decline. But do so respectfully. After all, these officers are doing their jobs, there should be no personal animosity expressed by them to you, or by you to them.

If asked to take a preliminary breath test at the scene, you may want to decline to do that as well. It is your right to do so! The officer should tell you that this test is voluntary and cannot be used in court. That is not completely true. If your attrorney tries to attack the probable cause for your arrest at trial, the preliminary breath test can be introduced as evidence to prove the officer had probable cause to arrest you.

Social Networks Monitored By Police to Detect Teen Crimes

Sun, 14 Nov 2010 08:00:00 EST

Several law enforcement agencies converged on a Toledo Washington residence after someone posted news of a large party on their Facebook account. Members of the Toledo Police, the Lewis County Sheriff's Office, Winlock Police and the Washington State Patrol participated in the response.

Eight people were arrested for being under the age of 21 in possession or under the influence of alcohol. An arrest for driving under the influence in Washington was also made as partygoers left the scene. The county sheriff said that underage drinking is a serious concern and his office has a zero tolerance stance on the issue.

The homeowner and his friends are under investigation for providing alcohol to minors.

Two Young Men Sentenced in VA Federal Court on Racketeering Charges

Thu, 11 Nov 2010 08:00:00 EST

Two Portsmouth men were sentenced in Norfolk federal court for racketeering on Wednesday, November 10th. They were both juveniles at the time the crimes occurred.

James Martin Harris,22, and Arous John Phillips,23 received lengthy prison sentences of 40 years and more.

Harris was sentenced to 40 years in prison for racketeering acts including murder.

Phillips was sentenced to 42 years.

Court documents say Phillips and Harris murdered Darius Powell on August 25, 2006. Phillips was later involved in the attempted murder of a witness in the case according to federal prosectuors release.

Virginia Man Charged in Rape of 9 Year Old Boy

Thu, 11 Nov 2010 08:00:00 EST

A 32-year-old Newport News man has been arrested on charges related to the sexual assault of a child last month in James City County.

Kristopher Ryan Hare, of the 600 block of Kelso Drive in Newport News has been charged with aggravated sexual assault of a victim younger than 13 and animate object sexual penetration, both felonies, according to Maj. Steve Rubino, a James City police spokesman.

On Oct. 28, Rubino said Hare was staying at a friend's trailer in Heritage Trailer Park in the 8800 block of Pocahontas Trail in James City. The friend's 9-year-old son was woken in the early morning to a man sexually assaulting him, Rubino said.

The boy told his mother and her boyfriend, who punched Hare in the face after hearing about the incident, Rubino said. Hare then fled the scene before officers arrived, Rubino said.

If convicted of the charges, Hare faces a potential prison sentence ranging from 25 years to life.

Felony DUI Charges Filed in Hampton; Pedestrian Killed

Thu, 11 Nov 2010 08:00:00 EST

A Hampton man was charged with drunken driving and hit-and-run after an accident that killed a woman on Wednesday, November 10th.

Corey J. Knowlin, 32, was stopped about three miles away from the accident by officers who had been given a description of the vehicle involved in the accident. Knowlin was charged with DUI and two counts of felony hit-and-run.

The accident occurred on Doolittle Road around 1 p.m. Police spokeswoman Paula Scheck said Knowlin was in a pawn shot in the 100 block of West Mercury Boulevard when he "became upset and left the building." According to the police report, Knowlin hit the building with his truck as he left, causing structural damage, and then continued onto Doolittle, where he struck a female pedestrian.

The woman was transported to a local hospital and pronounced dead. The woman killed in the accident has not been identified to the media, as police are still working to notify family members. Other, more serious charges may be forthcoming since a death resulted.

Virginia Court of Appeals Upholds GPS Tracking of Suspect by Fairfax Police

Fri, 10 Sep 2010 08:00:00 EST

The Virginia Court of Appeals this week rejected a Fourth Amendment argument made by attorneys for a Fairfax County resident who was convicted of sexual assault. His attorney argued that by secretly attaching to the man's vehicle a GPS tracking device to follow the man's movements, Fairfax police violated the man's Fourth Amendment right to privacy.

Citing the fact that the police concealed the device within the vehicle bumper while it was parked on a public street, the Court reasoned the man had no reasonable expectation of privacy in the vehicle, especially since the police did not enter the vehicle itself, but attached the device at a place where any member of the public could have done so.

This decision follows by a month an almost identical ruling by a federal appeals court in California involving a similar fact pattern.

Virginia criminal defense attorneys are concerned that the court's sanctioning of such police conduct -- without obtaining prior approval of a judge or magistrate -- could impact on the constitutional rights of innocent people to be free to travel where they wish without government snooping.

It is anticipated that the Caifornia decision will be appealed to the United States Supreme Court.

Federal Appeals Court Says Police May Trespass to Place GPS on Vehicles

Thu, 09 Sep 2010 08:00:00 EST

Juan Pineda-Moreno was under suspicion by agents of the Drug Enforcement Agency (DEA) for trafficking in marijuana, but they lacked sufficient evidence to arrest him. So they did the next best thing: they decided to spy on him using global positioning technology to track his movements in the hopes that he would visit places that would implicate him with others known to be in the drug trade.

To do this, they sneaked upon his property in the wee hours of the morning and affixed a GPS device to the underside of his car. Then, all they had to do was monitor the places the GPS reported he traveled to each day. Not only does this technology provide the positioning of a particular vehicle, but also the date and time.

As a result of this spying --- all done without a court order or other legitimate protections against abuse by the law enforcement community --- Peneda-Moreno was arrested and charged with marijuana manufacture and conspiracy. His attorney attempted to fight the case by challenging the constitutionality of the placement of the GPS device as a violation of the Fourth Amendment, but the appeals court ruled otherwise, stating that because Pinda-Moreno had not physically or otherwise manifested an intent to deter any persons from coming onto his property, the DEA agents did not break any laws by sneaking up to the car which was parked in his driveway, and accessible to anyone.

The use of GPS systems is becoming more frequent by state and federal law enforcement agencies. By the time the Supreme Court decides the case, perhaps thousands of innocent persons will have been unwittingly subjected to the same procedures.

If this has not killed traditional notions of the right to privacy, it certainly is a serious wound administered by the a traditionally liberal court that brings us closer to the "Big Brother" society our constitutional rights seek to prevent.

Richmond DUI Arrests Up Labor Day Weekend

Sat, 04 Sep 2010 08:00:00 EST

Richmond, Virginia area courts should be clogged Tuesday with arraignments for a large number of DUI/DWI arrests over the Labor Day weekend.

Virginia State Police will be stepping up their presence on I-95, I-64, and I-295 in and around Richmond, and local police and sheriffs' departments in Henrico, Goochland, Chesterfield and Hanover counties increasing their presence on local thoroughfares. Of course the objective is to identify and arrest as many persons as possible who are driving under the influence.

DUI/DWI charges are not just traffic offenses, but are Class 1 misdemeanors that show up as a criminal record.

Persons facing DUI/DWI charges are well-advised to obtain the services of an experienced DUI/DWI attorney to represent them in court. Not all attorneys can defend these cases as well as others. Experience in the courtroom, and aggressively challenging the evidence, can lead to "not guilty" verdicts, or a reduction of the charge to a less serious offense.

Virginia Reckless Driving Arrests Likely to Increase Labor Day Weekend

Sat, 04 Sep 2010 08:00:00 EST

Richmond, Virginia area courts should be clogged Tuesday with arraignments for a large number of Reckless Driving arrests over the Labor Day weekend.

Virginia State Police will be stepping up their presence on I-95, I-64, and I-295 in and around Richmond, and local police and sheriffs' departments in Henrico, Goochland, Chesterfield and Hanover counties increasing their presence on local thoroughfares. Of course the objective is to identify and arrest as many persons as possible who are driving in excess of the speed limits, and moving rapidly in and out of lanes.

Reckless Driving charges are not just traffic offenses, but are Class 1 misdemeanors that show up as a criminal record.

Persons facing Reckless Driving charges are well-advised to obtain the services of an experienced attorney to represent them in court. Not all attorneys can defend these cases as well as others. Experience in the courtroom, and aggressively challenging the evidence, can lead to "not guilty" verdicts, or a reduction of the charge to a less serious offense.

Virginia Auto Accident Victim Misses Statute of Limitations

Fri, 03 Sep 2010 08:00:00 EST

Recently, I received an inquiry from the friend of a client wanting to know if he had lost his right to sue for injuries he suffered in an auto accident in late August of 2008. The reason he called is that the other driver's insurance company had been refusing to meet his price to settle his claim, and finally told him it owed him nothing because the statute of limitations had expired. He called me because he did not believe the insurance company representative.

Well, Virginia has a 2 year statute of limitations for personal injury claims. If you do not file suit within 2 years, you lose the right to do so thereafter unless you are a minor; i.e., under 18 years old at the time thr injury occurs.

Another exception applies in certain cases involving sexual abuse of minors.

If you are unsure of what to do when injured by the intentional or negligent actions of someone else, contact a Virginia attorney for advice as soon as possible.

Richmond Criminal Defense Lawyer | Punishments for Misdemeanors in Virginia

Wed, 09 Jun 2010 08:00:00 EST

A person charged or arrested for a crime in Virginia may be subject to punishment for a felony or a misdemeanor. Knowing what the range of punishment for the charge is an important consideration in deciding whether to retain an attorney to defend the charge. The other consideration one should make is whether he or she desires to have a permanent criminal record if convicted, especially if he or she does not believe they are guilty of the offense charged.

In Virginia, misdemeanor offenses are those that are punished by no more than a year in prison. Many misdemeanors are punishable by fines, with no jail time. The punishments possible are set forth in the Virginia Code. The arrest warrant or summons issued will state the Code section alleged to have been violated that forms the basis of the charge, and also the class of misdemeanor offense so that the arrestee will know the range of punishment that the charge carries upon conviction.

A Class 1 misdemeanor is the most serious. A person convicted of Reckless Driving, DUI/DWI, Assault & Battery, or petit larceny -- for example -- will face punishment for a Class 1 misdemeanor. The penalty is a jail term of up to 12 months, a fine of up to $2,500.00, either or both. This means that the court may assess both jail time and a fine within those limits.

For conviction of a Class 2 misdemeanor, the punishment range is reduced. A person convicted of a Class 2 misdemeanor can recieve a jail sentence of up to 6 months, and a fine of not more than $1,000.00.

No jail time is associated with conviction of either a Class 3 or Class 4 misdemeanor; only fines may be assessed. For a Class 3 misdemeanor, the judge may impose a fine of not more than $500.00, and for a Class 4 misdemeanor, a fine of not more than $250.00.

Punishment for Conviction of a Felony in Virginia

Wed, 09 Jun 2010 08:00:00 EST

In Virginia, punishments for felonies vary by degree; as common sense dictates, the more serious the crime, the more severe the punishment. Sentences upon conviction are determined by the range of penalty specified in the charging statute.

The most serious punishment is reserved for those convicted of Class 1 felonies, such as murder. If the person is over 18 at the time of the commission of the offense and mentally comepetent, the maximum penalty is death. Otherwise, the penalty is life in prison.

Class 2 felonies are punishable by a long prison term. The minimum amount of time one convicted must serve is 20 years, but life imprisonment is also a possibility.

A person charged and convicted of a Class 3 felony in Virginia --- an example of which is malicious wounding -- faces the possibility of serving at least 5 years and prison, and possibly, 20 years.

Class 4 felonies and Class 5 felonies are punished by minimum sentences of imprisonment for 2 years and 1 year, respectively, with a maximum penalty for each being 10 years imprisonment. However, for a Class 5 felony conviction, in the discretion of the judge or jury, the sentence may be reduced to up to 12 months in jail, and a fine of up to $2,500.00.

The most lenient punishment is reserved for those convicted of Class 6 felonies. The maximum penalty is 5 years imprisonment, and the minimum penalty of confinement is 1 year in prison. However, here too, the judge or jury may elect to assess a punishment of up to 12 months in jail and a fine of no more than $2,500.00.

Henrico Man Sentenced to Prison in Manslaughter in DUI Case

Fri, 21 May 2010 08:00:00 EST

Drinking and driving can cause unintended deaths. An Henrico County man was sentenced to 10 years in prison this week as a result of a head-on crash he caused that resulted in the death of his passenger.

Henrico County Circuit Judge L.A. Harris Jr. sentenced Jerome Joseph Lewis, now 26, on Wednesday to 10 years, suspending six years and eight months of the sentence. Lewis pleaded guilty in March to involuntary manslaughter in the case.

Lewis, of the 2200 block of Brockway Lane, was traveling east in the 4000 block of Williamsburg Road at a high speed when he overtook a motor scooter that he apparently had not seen, according to testimony in the case. Lewis' vehicle swerved into oncoming traffic, colliding with a car carrying six people. Lewis was legally intoxicated at the time of the collision, and his blood showed traces of drugs, according to evidence in the case.

Highland Springs resident Lester Walker Jr., 30, who was riding in the back seat of Lewis' car Sept. 12, died from trauma to his chest, according to medical evidence in the case. Walker was the father of three children, Deputy Commonwealth's Attorney Michael S. Huberman said.

Richmond DUI & DWI Lawyer | Chesterfield | Henrico | Hanover | Goochland

Fri, 21 May 2010 08:00:00 EST

Think your Virginia DUI/DWI arrest is not worth the cost of hiring an aggressive attorney to stand up for your rights and contest the evidence against you? Think again after you consider the fact in Colorado over a 3-year period, a DUI lab's testing errors helped convict 9 people and send 5 of them to jail!

It was reported this month that Colorado prosecutors had to dismiss or reduce nine drunken driving charges as a result of 206 errors a former Colorado Springs Metro Crime Lab forensic chemist made on cases dating back to 2007, authorities disclosed today.

Of the nine affected cases, seven resulted in DUI charges being dismissed while two resulted in lesser penalties. District Attorney Dan May said five of the defendants spent time in jail.

If you are charged with DUI/DWI in Virginia, you are well-advised to hire an attorney to represent you who knows what he's doing. An experienced DUI lawyer will know how to test the evidence against you to make sure that your rights are protected and you are not convicted in error!

Richmond DUI & DWI Attorney | Challenging Virginia's "Implied Consent" Law

Fri, 21 May 2010 08:00:00 EST

Virginia Code section 18.2-268.2, requires that "any person," whether a holder of a Virginia driver's license or not, who operates a motor vehicle on Virginia highways is deemed to have consented to submit to have samples of his blood or breath, or both, taken for a chemincal test to determine the alcohol and/or drug content of his blood if he is arrested for violation of DUI/DWI. The results of such chemical testing is most often used to prosecute and convict those charged with DUI/DWI.

On its face, the statute seems pretty broad, but there are nuances of the law that may not apply to every person who is asked to take either test --- usually the test for breath unless drugs are suspected. There are two elements of the statute that an aggressive DUI defense attorney will immediately seek to determine when advising a client facing such charges.

First, is there evidence that the client was driving on a Virginia "highway?" The term "highway" is defined elsewhere in the Code and unless the person arrested was operating the motor on a roadway that meets the statutory definition of "highway," the arrest is invalid and the test results may be suppressed by the trial court.

Second, was the client "operating a motor vehicle?" The term "operating" does not necessarily mean, "driving." A person can be "operating" a motor vehicle while it is standing still, even when the engine is not running. An experienced DUI attorney will be able to advise the client once he has completed his investigation whether the Commonwealth can meet the burden of proof on that element. Without proof of "operation" there can be no valid arrest, and any test results that follow are subject to suppression by the trial court.

Miranda Rights in Virginia

Mon, 10 May 2010 08:00:00 EST

What are Miranda warnings, when do they apply, and what rights do they protect?

Having practiced criminal law for more than 25 years, and having been in law enforcement a decade before that, I find it hard to believe the issues raised in Miranda continually arise today, now almost a half century after the rule was laid down by the United States Supreme Court.

It is facially a simple rule, stated thus: "When a suspect is in custody, the police must advise him before asking any questions about the crime they are investigating that he has the right to say nothing to them without an attorney being present to advise him; that if he cannot afford to hire an attorney, one may be appointed for him by the court; and anything he says to the interrogating officers can and will be used against him in court."

In my experience, the issue comes up most frequently in determing whether the suspect was or was not "in custody" when he was questioned. The term "in custody," does not mean "under arrest." While a person under arrest is certainly entitled to the warning, whether a suspect is "in custody" or not is a fact question that will vary from situation to situation, and if that issue arises, will be determined by a judge if the defense attorney files the proper motions.

The purpose of the rule is to deter police from using tactics that violate a person's constitutional rights. If the court finds that Miranda was violated by police during questioning, it may suppress all the incriminating statements made, as well as other evidence that would not have been obtained but for the violation of Miranda.

However, a person who voluntarily agrees to answer questions posed by police is not protected by Miranda, unless and until he later invokes the right to remain silent -- or to speak with an attorney. Because many innocent people find themselves accused or convicted of crimes due to their willingness to accept the false premise that police don't make mistakes, and that if they cooperate with police they will be OK, most experienced criminal defense attorneys -- especially this one --- urge persons approached by police who are investigating a crime to refuse to anwer any questions without the presence of an attorney.

When is a Person "In Custody" in Virginia?

Mon, 10 May 2010 08:00:00 EST

A suspect is "in custody" -- though not necessarily under arrest -- "when their freedom of action is curtailed in any significant way..." If the restraint on the person's freedom of movement is "of the degree associated with a formal arrest," then legally he is deemed to be "in custody" though perhaps, not under arrest.

Cracked Windshield Leads to 30 Years for Virginia Crack Dealer

Sun, 09 May 2010 08:00:00 EST

A cracked windshield that triggered a traffic stop ultimately led to the front seat passenger being charged and convicted with possession and distribution of crack cocaine. His 360 month (30 years) sentence was recently upheld on appeal by the Fourth Circuit though he questioned the validity of the seizure of drugs found on him when he was searched for weapons after being asked to get out of the car.

Under federal law in Virginia, when the police have "reasonable suspicion" drugs are in a motor vehicle during a traffic stop, the police may order the driver and all passengers out of the vehicle and search them for weapons without violating the Fourth Amendment.

Virginia Court of Appeals Reverses Drug Conviction; Dismisses Indictment

Sun, 09 May 2010 08:00:00 EST

A Tidewater, Virginia area man's drug possession conviction was overturned on appeal for insufficient evidence.

The man was convicted on circumstantial evidence as being the "lookout" in a drug distribution scheme based solely on the observatons of the arresting officers and their conclusions about his patterns of conduct that they testified were consistent with his involvement as charged. Although there was no direct evidence to show that the defendant was aware that his companions had drugs or guns in their vehicle, or in baggage that two passengers carried into the car from the bus station, the trial court found the evidecne sufficient for guilt and refused to overturn the jury verdict.

In a relatively rare occurrence, the VIrginia Court of Appeals reversed his conviction and dismissed the indictment against him. The Court reasoned that the convictiion in this case -- built solely on the circumstantial evidence of the police officers who testified about "patterns of conduct" that allowed the jury to impermissibly "pile inference upon inference" in -- was not sufficient because it was based on speculation, not facts. Among the factors the appeals court mentioned was that there was no evidence the defendant either knowingly or intentionally exercised any dominion or control over the vehicle or the drugs in the containers placed in the vehicles, or had actual or constructive knowledge of the contents.

Crime Lab Under Fire - Convictions Thrown Out in Drug Cases

Sun, 04 Apr 2010 08:00:00 EST

Virginia drug possession and distribution cases involving marijuana, cocaine, heroine and other controlled substances cannot usually be proved without a laboratory analysis proving the substance submitted for testing by police officers is an illegal substance to posssess. Prosecutors usually rely on testing performed by the Consolidated Labs, a state agency primarily located in Richmond, which issues a certificate of analysis that constitutes the findings of its testing. Virtually every state or localality maintains a laboratory to conduct these types of examinations for this purpose.

The lab technicians who perform these tests are well-trained, but not necessarily perfect. As the most experienced Virginia criminal defense attorneys know, a lawyer's duty is to examine and question the accuracy of drug testing results when they are necessary to conviction. A recent item in California illustrates why vigilence must be constant in the operating procedures of the police who gather and submit evidence, and in those laboratories which perform the forensic analyses.

Hundreds of drug cases have been dismissed and hundreds more are being examined in SanFrancisco by prosecutors who are scrambling to deal with the fallout from accusations that a technician in the Police Department’s crime laboratory was stealing cocaine for personal use.

The technician, Deborah Jean Madden, 60, has not been charged, though the San Francisco police say she is under investigation. Ms. Madden, who retired last month, did not return calls for comment.

Brian Buckelew, a spokesman for District Attorney Kamala D. Harris, said Friday that his department was looking at cases dating to 2007, many of which involved felony possession.

Some 600 cases have already been dismissed or discharged since Ms. Madden’s suspected thefts and the closing of the laboratory were brought to light by the police, though Mr. Buckelew said many of those cases would be pursued after testing is done by an independent laboratory. Mr. Buckelew said his office was hoping to salvage some dismissed cases by using other types of evidence, including witness testimony and confessions.

“Where there’s a way to prove it,” he said, “we intend to prove it.”

But the scandal has confirmed many public defenders’ long-held suspicions about the quality of work at the laboratory, concerns that were echoed by a blistering independent audit released in late March.

An audit in November had also found lab problems, including understaffing to the point that mandatory overtime had become the norm, necessitated by the need to complete testing within 48 hours to prevent the dismissal of criminal charges. That report also found insufficient training in some areas, among other things. The audit also showed that Ms. Madden had been “repeatedly counseled” for an incident in which she failed to properly describe in her notes the packaging of seized items.

The police said they began investigating possible evidence tampering in December and interviewed Ms. Madden in late February. About a week later, a search warrant was served for her home in San Mateo County, south of the city, and she was arrested by county sheriff’s officers on a separate charges.

Virginia Woman Faces DUI/Child Endangerment Charges

Tue, 30 Mar 2010 08:00:00 EST

A Hanover County woman has been charged with driving under the influence and two counts of child neglect after being stopped near Lakeside and Dumbarton avenues in Henrico County.

Henrico police said that Ruth C. Donohue, 51, allegedly showed a level of intoxication greater than .2, nearly three times the legal limit after she was stopped about 3:30 p.m. Saturday. Depending on whether she has a prior record, she faces significant mandatory jail time and substantial fines if she is convicted of this charge and he BAC is above 0.02.

The child neglect charges resulted from Donohue having her two children, ages 10 and 12, in the car, police said. Child endangerment charges are felonies punishable by at least a year in jail. Although the two charges arise from the same incident, the elements of proof required to convict for each are not the same and she can be prosecuted and punished separately for each.

Donohue, released on bond, resides in the Mechanicsville area in the 9100 block of Rouzie Court

Happy St. Patrick's Day! Virginia Beach Police Nab 9 for DUI

Tue, 30 Mar 2010 08:00:00 EST

Police arrested nine motorists on charges of drunken driving Wednesday night and early Thursday morning during a series of St. Patrick’s Day checkpoints designed to snag intoxicated drivers.

During St. Patty’s Day in 2009, at least five arrests were made. Exact numbers were not available today.

Officers issued 188 summonses at three safety checkpoints this year for offenses ranging from speeding to seatbelt violations. They also made three felony arrests – one habitual offender, one drug violation and one probation violation – and four misdemeanor arrests – two for possession of marijuana, one for an open container and one for failure to pay child support – according to a news release.

St. Patrick’s Day is one of the busiest for DUIs, along with July 4, Labor Day and New Year’s Eve. Last year, checkpoints stopped vehicles on Shore Drive, General Booth Boulevard and the Interstate 264 West access ramp from South Independence Boulevard. Police did not release the locations for this year’s operation.

The Police Department’s Special Operations Traffic Division conducts the checkpoints.

Virginia's Mandatory Breath Test Law

Mon, 08 Mar 2010 08:00:00 EST

Virginia's "implied consent" law requires any person arrested for DUI/DWI to submit to a chemical test to determine the alcohol, drug, or both alcohol and drug content, of his blood.

This usually involves taking a breath test at the police statiion or courthouse after he has been placed under arrest, but since the test can be admistered up to 3 hours after the alleged driving incident, it may occur at some other place, such as a hospital.

Preliminary Breath Test for Virginia DUI

Sun, 07 Mar 2010 08:00:00 EST

Virginia Code section 18.2-267 entitles a person suspected of DUI to have his breath analyzed before arrest "to determine the probable alcoholic content of his blood."

However, since few people know of this entitlement, the possibility of taking a preliminary breath test -- or, PBT -- is usually raised by the detaining officer. The statute also requires that the officer tell the suspect that he has the right to refuse the PBT, and neither his refusal to submit to the PBT nor the results themselves, "shall be admitted into evidence in any prosecution" for DUI.

While it cannot be said that all officers have ulterior motives for suggesting the driver take a PBT prior to arrest to "prove he is not impaired," in most cases only the suspected DUI violator who recently has had little or nothing to drink will benefit from taking a preliminary breath test because the results usually will be used against him to justify his arrest.

The statute -- as written -- implies the law authorizing a preliminary breath test is intended as a shield the DUI suspect may use it to prove he has no alcohol in his blood, or less than that required to be deemed impaired under Code secion 18.2-266. But in most cases the PBT statute is a sword officers use to bolster their probable cause for the driver's arrest for DUI. This is why.

The preliminary breath statute permits the officer to arrest for DUI "whenever the breath sample analysis indicates alcohol is present in the person's blood." Notice that the statute contains no language specifying that a preliminary breath test result below a certain level or above a certain level will or will not justify the person's arrest. The statute merely states that the officer may arrest for DUI whenever the PBT result indicates alcohol is present in the person's blood! In other words, even if the preliminary breath test result is below the statutory impairment level of 0.08 -- say, it reads 0.06 -- the officer may still arrest for DUI, using the PBT result either alone, or in combination with other factors that may lead a reasonable officer to conclude the driver was impaired.

Many people -- and some attorneys who do not have much experience in defending DUI cases -- believe the statute prohibits any and all use in court of the preliminary breath test results. This is a myth! The preliminary breath test result may be admitted into evidence "at a probable cause or pre-trial suppression hearing." Therefore, a person who agrees to take a preliminary breath test because he believes the results can't be used against him in court may find -- to his detriment -- that the test results may be used against him if his attorney challenges the probable cause for arrest, or to suppress evidence on some other ground.

How a Preliminary Breath Test (PBT) Can Ruin Your DUI Defense

Sun, 07 Mar 2010 08:00:00 EST

Most Virginia DUI arrests result when a police officer observess some traffic offense, such as speeding, running a red light or stop sign, or having a defective tail light or brake light. The officer may smell alcoholic beverages in the car or on the driver's breath, and then his focus shifts from a mere traffic stop to a DUI/DWI investigation.

Virginia police officers routinely ask persons whom they've stopped and suspect of being impaired by alcohol consumption to "prove you're okay to drive" by performing a preliminary breath test. Those who agree to take a preliminary breath test sometimes find themselves convicted of a DUI, although their refusal to perform the test may have resulted in their case being dropped for lack of probable cause to arrest.

The officer will tell the person if he refuses to take the test, that his refusal can't be used against him in court, and that even the result of the test can't be used against him in court. Believing this, many people agree to take the preliminary breath test (PBT) in the hope an arrest for DUI will not occur, or even if it does, it can't hurt them to do it. Neither of the above statements is completely true, and unless one asks, the officer need not point out that the preliminary breath test is voluntary.

Because most DUI and DWI arrests occur without a warrant, the officer must have probable cause to believe that the person was operating a motor vehicle while either impaired by alcohol (or drugs, or both alcohol and drugs), or intoxicated. The preliminary breath test is one factor the officer may consider in determining that probable cause exists to arrest for DUI or DWI.

In fact, the PBT result can be the only factor to justify a DUI or DWI arrest. Virginia's preliminary breath test statute permits the officer to arrest a person if the results of the preliminary breath test indicate there is any alcohol in the person's blood.

Many times, an aggressive and experienced Virginia DUI/DWI attorney can obtain great results for his client by challenging the probable cause for the arrest, therefore preventing the admission into evidence of the proof necessary to sustain a conviction of the charge. While the PBT result cannot be used at the trial to prove the driver was drunk or impaired, at a preliminary hearing or a suprression hearing challenging probable cause, the test results can be admitted to justify the arrest itself, and therefore permit the admission of subsequent evidence obtained -- such as the breathalyzer test, or in rare instances, a blood test -- to prove impairment or intoxication. I therefore advise my clients not to take the preliminary breath test if asked.

Virginia Breathalyzer Results Not Always Accurate to Prove DUI Cases

Sun, 07 Mar 2010 08:00:00 EST

Under Virginia's "implied consent" law (Code section 18.2-268.2), any person operating a motor vehicle on Virginia highways is deemed to have consented to have samples of his blood or breath taken for a chemical test to determine whether alcohol and/or drugs is present in his system, if he is arrested for DUI. The test must be conducted within three hours of the alleged offense.

It should not be confused with the preliminary breath test (PBT) which is performed on a small hand-held device at the scene of the traffic stop. That test is voluntary.

This is not a voluntary test! It is mandatory, and if refused, can subject the person to additional prosecution. If convicted of unreasonably refusing to take the test following arrest, the person's right to drive in Virginia can be suspended for up to one year, and no restricted driver's license may be issued.

This test is usually performed at the police station or jail, and follows the person's arrest for DUI or DWI. The machine used in Virginia is an Intoxilyzer 5000 or 8000 model. This machine uses a breath sample to estimate the amount of alcohol in the blood.

The test results are admissible as evidence at trial to prove guilt.

An experienced and aggressive DUI lawyer in Virginia knows the limitations and defects of this procedure. Many factors can skew the reliability of the test results, and prove the person has not violated the DUI law.

Malicious Wounding in Virginia Takes Three Forms

Wed, 03 Mar 2010 08:00:00 EST

In Virginia, malicious wounding charges are vigorously prosecuted and are punished severely.

The Virginia Code contains three primary statutes that address malicious wounding offenses, and each varies as to what acts consitute the crime. The key element of each malicious wounding statute is proof of malicious intent on the part of the accused. Absent proof beyond a reasonable doubt that the accused acted maliciously, he or she cannot be convicted of malicious wounding, but perhaps a lesser offense such as unlawful wounding or assault and battery.

The primary statute is Code § 18.2-51. It states: "If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony." A Class 3 felony is punishable by a prison sentence of from 5 to 20 years, and a Class 6 felony is punishable by a prison sentence of from 1 to 5 years. However, depending on the circumstances the judge or jury can, upon conviction of the Class 6 felony, find a lesser punishment, such as a jail term of not more than one year.

Code § 18.2-51.1 is a malicious wounding statute that carries a much harsher penalty, because it applies whenever the victim is "engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel." The range of prison time upon conviction for this offense is from 5 years to 30 years, with a mandatory minimum sentence of 2 years.

Of the three malicious wounding statutes, prosecution under Code § 18.2-51.2 is the harshest. This is the aggravated malicious wounding statute. It applies if the victim is severely injured, and also suffers a permanent and significant physical impairment, or is pregnant. This crime is a Class 2 felony, and upon conviction the accused will be subject to imprisonment of from 20 years to life.

Unlawful Wounding: A Lesser Offense to Malicious Wounding in Virginia

Wed, 03 Mar 2010 08:00:00 EST

Having an attorney who knows how to defend your criminal prosecution for malicious wounding is critical. Many criminal lawyers lack the experience in defending malicious wounding cases in Virginia, and therefore cannot give their client the best representation available. Every competent criminal defense lawyer should know that when defending a malicious wounding charge, every effort should be made to debunk the element of malicious intent, which will reduce the charge to unlawful wounding.

Examination of the differences in the punishment of the two crimes will explain why this should be done. The penalty for malicious wounding can range from five to twenty years imprisonment; a conviction of unlawful wounding may result in a penalty of no more than a year in jail.

An "unlawful wounding" occurs when the accused wounds a victim “with the intent to maim, disfigure, disable, or kill” him. But, if the defendant acts with malice, he is guilty of malicious wounding. In other words, the Commonwealth must prove beyond a reasonable doubt that the accused acted with "malicious intent" to obtain a conviction on the more serious charge.

It is often impossible to prove through direct evidence the malicious intent required to prove malicious wounding. However, malicious intent may be inferred and proved by the totality of the circumstances existing in the case. The factfinder may discern that the defendant had malicious intent from the nature of the defendant's conduct, the foreseeability of harm arising from it, or the evident motivation behind the wounding. As always, the factfinder can infer that every “person intends the natural and probable consequences of his or her acts."

Recently, I defended a young man who was charged with malicious wounding. Because the Commonwealth failed to establish sufficient facts at trial to prove either malicious intent or "intent to maim, disfigure, disable or kill," the trial judge refused to allow the case to go forward on either felony, and ruled the only possible charge the Commmonwelath could go foward with was assault and battery -- a Class 1 misdemeanor. My client was acquitted of that charge, and set free.

Former Henrico County Coach Sentenced in Sex Abuse Case

Sun, 21 Feb 2010 08:00:00 EST

Former J.R. Tucker High School football coach William Macgregor "Mac" Leighton was sentenced by an Henrico County Circuit Judge to prison in connection with his prior guilty pleas to sexual conduct of two female students who were 15 and 17 years old at the time.

Leighton's conduct may have been "an extraordinary aberration," his past "impeccable," and like all teachers and coaches he may have been "overworked and underpaid," said Circuit Judge L.A. Harris Jr. But Leighton's role as a teacher and coach meant he "shared a special trust."

"What we have in this case is a blatant violation of that trust," Harris said.

The stern judge, gazing on the weeping former football coach, sentenced Leighton to 15 years in prison, suspending all but 21 months on three felony convictions of taking indecent liberties with the two Tucker students.

Former Henrico Policeman Faces Federal Ponzi Scheme Charges

Thu, 18 Feb 2010 08:00:00 EST

A former Henrico County police officer, Donald C. Lacey, faces federal charges alleging felony counts of mail fraud and unlawful monetary transactions. The federal information filed in the U.S. District Court in Richmond alleges Lacey ran a real estate investment firm in the Richmond area that made false promises to investors and rarely used the money as it was supposed to be used in real estate projects.

The mail fraud charge says that Lacey sent a letter to an investor in Williamsburg, explaining that the money was safe and secure. The charge of engaging in unlawful monetary transactions involves a check for $55,000 from one of Lacey's companies that was used as a payment on a credit card.

In effect, the money Lacey and various other business he controlled used money from investors which was supposed to be used to buy houses in the Richmond area, fix them up and flip them at a profit. "The loans exceeded the loan-to-value ratios promised to investors and the money . . . was rarely used for the designated real estate projects," according to the complaint.

Investors are irate at being duped. "I think they ought to throw the book at him," said Allan Mullian, a Richmond investor who along with his family had invested $2 million through companies Lacey was involved in. Mullian and at least a dozen investors sued, claiming they were duped in what some called an elaborate Ponzi scheme involving Richmond-area properties leveraged to the hilt.

Lacey, if convicted, will forfeit any property traceable to the violations, and may also be imprisoned.

81 Year Old Virginia Man Jailed in Internet Sex Sting

Fri, 12 Feb 2010 08:00:00 EST

An 81-year-old Richmond, Virginia area man remained held without bond yesterday after a Louisa County General District Court judge certified solicitation charges against him to a grand jury.

Prosecutors presented transcripts of Internet conversations that they say occurred between Irvin "Pete" Baldwin and a Louisa investigator posing online as a 13-year-old girl.

Baldwin was arrested in December after traveling to Louisa to meet the girl, authorities say.

Baldwin faces three counts of online solicitation of a minor and faces up to 120 years in prison. A grand jury will consider the charges in March.

Malicious Wounding Charge in Prince George Virginia Results in Not Guilty Verdict

Thu, 11 Feb 2010 08:00:00 EST

A Virginia man was found not guilty today by a Prince George County circuit court judge after enduring seven months of fear, stress, regularly reporting to probation officers, and being confined to his home each night at 9:00 p.m.

His ordeal began when he was apparently mistaken for someone else by another young man who had been drinking steadily for several hours. Ultimately, the two came to argue when the complainant blocked the roadway, cursed the defendant, and began kicking the side of the defendant's car and tearing off side-moulding, and refused to stop. The defendant hit the complaint with his fist once, knocking hiim out. The punch also broke the complainant's jaw.

The defendant then drive away from the area and telephoned police to report the incident. After speaking to the defendant, and to three witnesses (including the complainant), the police declined to press charges. However, the complainant later obtained a malicious wounding warrant from a magistrate, by leaving out of his affidavit critical information that he had also failed to tell the police -- that he had done "significant or serious" damage to the defendant's car before te blow was struck. The defendant was arrersted on that charge, a Class 3 felony punishable by up to 20 years in prison.

At the preliminary hearing, the Commonwealth admitted the Complainant had earlier lied to the police by concealing from them his attacks on the defendant's car. However, the Commonwealth maintained that the defendant was still guilty of malicious wounding. The district court judge disagreed and certified the charge to the grand jury as "unlawful wounding," which reduced the penalty upon conviction from 5 years to life to 1 to 5 years.

At the conclusion of the Commonwealth's evidence, the trial judge granted the defense motion to strike the felony count, but allowed the case to proceed on a misdemeanor assault and battery charge, which is a lesser included offense of unlawful wounding. In essence, the court found that the Commonwealth had not met its burden beyond a reasonable doubt to show that the defendant had intended to "maim, or disfigure" the complainant when he struck him.

The defense rested without putting on any evidence and the outcome hinged on the final arguments.

The court was persuaded that the defendant had not acted unlawfully by striking the complainant with his bare fist to prevent him from further damaging his BMW when other means of persuassion were unsuccesful.

Crack Cocaine Sentences May Come Down

Sun, 07 Feb 2010 08:00:00 EST

Criminal defense lawyers representing clients charged in crack cocaine cases have decried the disparity in sentencing of persons convicted of possessing or selling crack as opposed to powder cocaine.

Under current U.S. Sentencing Guidelines (USSG), a person convicted of possessing or distributing 50 grams of crack cocaine gets the same sentence as another who possesses or distributes 100 times more that amount of cocaine powder. This 100-1 disparity in sentencing has befuddled federal judges, prosecutors and defense attorneys, an now, apparently, some action may soon be taken in Congress to correct the situation.

On Thursday, February 11, the Senate Judiciary Committee is scheduled to take under consideration S-1789, titled the Fair Sentencing Act of 2009. This Bill amends those sections of 21 U.S.C. 841 to equalize the penalties for conviction of cocaine and crack cocaine. It does so by increasing the amount of crack cocaine from 50 grams to 5 kilograms to constitute a violation. It is intended that the amendment will lead to law enforcement to re-focus efforts on drug "king pins" rather than targeting the street-level dealer.

The amendment also directs the U.S. Sentencing Commission, the independent body responsible for promulgating the USSG, to make appropriate changes to the the guidelines so that they will take effect upon passage of the Bill into law.

A related Bill in the House of Representatives seeks to amend the law as well. The House Bill specifies that it will be retroactive only for convictions occurring within 180 days of enactment. The Senate Bill does not specify whether it will be retroactive or not.

We shall be monitoring the progress of these two pieces of legislation and will keep those interested advised.

Missing Tech Student's Death Ruled Homicide

Wed, 03 Feb 2010 08:00:00 EST

The chief medical examiner's office in Virginia has determined that Morgan Harrington's death was a homicide.

The office said yesterday that it has no further information on how the 20-year-old Virginia Tech student was killed.

Harrington disappeared Oct. 17 from a Metallica concert she was attending at the University of Virginia. Her remains were found Jan. 26 on an Albemarle County farm about 10 miles south of where she was last seen.

In the months after her disappearance, hundreds of volunteers and law enforcement officials searched the surrounding area. Investigators said they had not searched the hayfield where the remains were found by the property owner.

Stepfather Charged in Shooting Death of Chesterfield Teen

Wed, 03 Feb 2010 08:00:00 EST

A Chesterfield County man charged early yesterday in the fatal shooting of his stepson during a family dispute had been involved in a confrontation with the teen last year, police said.

Peter Simpson, 55, was charged with second-degree murder in the slaying of Devon Mason, 19.

Police said the teen was shot when he tried to separate his mother from her husband, Simpson, during a clash inside the family's home.

Chesterfield police Capt. Terry Patterson said the gun belonged to Simpson.

The family lives in the 7800 block of Flag Tail Drive in the Triple Crown subdivision off Hull Street Road, a short distance from Clover Hill High School. Mason was a 2008 graduate of Manchester High School, a school spokesman confirmed.

Last spring, police were called to the home for an altercation between Simpson and Mason, but "apparently whatever took place was mutual" and neither was charged, Patterson said.

"There wasn't probable cause for the officers to arrest anyone," Patterson said. "So both were advised of the [legal] action they could take. Apparently neither chose to take any action against the other."

Patterson said Mason had lived in the home with his mother and Simpson for some time.

In addition to murder, Patterson was charged with felonious use of a firearm and domestic assault. He was to have been arraigned on those charges yesterday afternoon, but a mix-up caused the hearing to be postponed until this morning.

The killing was Chesterfield's first homicide of the year. The county ended 2009 with only two slayings, its lowest count since 1988.

Virginia Senate Committee Approves New Traffic Laws

Fri, 29 Jan 2010 08:00:00 EST

The Virginia senate Transportation Committee approved Bills affecting Virginia motorists, that if passed by both chambers and signed by Governor McDonnell, will raise the highway speed limit from 65 mph to 70 mph, further restrict cell phone use while driving, and require every occupant to use seat-restraints.

Virginia Prosecutors Must Call Technicians to Testify at Trial About Lab Work

Wed, 27 Jan 2010 08:00:00 EST

In Virginia, and many other states, if the Commonwealth's Attorney needed to use scientific means to establish an element of proof of guilt in a criminal case, all that need be done was to enter into evidence the scientific testing results of the evidence and did not need to call the technician or scientist who prepared the test result as a witness to testify at trial.

This most often happened in prosecutions involving drunk driving and drug possession. Although one would think that it would be necessary to have the person preparing the report present at trial to testify about what testing was performed, how it was performed, and the meaning of the test results, the law made this unnecessary so long as the scientist or technician swore to accuracy of the written result (the certificate of analysis) as required by a state statute.

These laws were enacted as cost-savings measures. Given the rise in drug and DUI prosecutions, many more technicians would have to be employed by the states to handle the testings if others were away from the laboratories testifying in courts about their work on previouos cases. Of course, the defendant could subpoena the technician or scientist, but that shifted the burden of proof from the prosecution to the defendant, which is "going the wrong way" in criminal cases.

For decades defense lawyers have been complaining about the unfairness of that procedure, and last year the United States Supreme Court agreed. In the Melendez-Diaz case, the Supreme Court ruled that such reports were "testimony" and to be properly admitted into evidence the preparer of the report had to be called to testify by the prosecutor about the testing performed, unless before trial the defendant waived his right to confront the witness in person.

State legislators, including those in Virginia, scrambled in the wake of this decision to amend existing state laws on the admissibilty of such reports to try to conform the law in such a manner to satisfy the Supreme Court's ruling, but at the same time lessening the need to hire a great many more technicians in the state labs.

There was one other avenue left to Virginia though, a case pending in the U. S. Supreme Court before Melendez-Diaz was decided that might give a more favorable ruling to state prosecutors than Melendez-Diaz. However, their hopes were dashed this week when the U. S. Supreme Court remanded (sent back to Virginia) the case of Briscoe v. Virginia.

In the Briscoe case, the Virginia Supreme Court upheld the (pre Melendez-Diaz) Virginia statute that allowed prosecutors to use affidavits, not introduced through the live testimony of the preparer, to provide forensic evidence for drug analysis and blood alcohol level tests. The remand specified that the Virginia Supreme Court reconsider its decision in accordance with Melendez-Diaz.

As the law stands in Virginia now, if the Commonwealth intends to offer scientific evidence at trial, it must notify the defendant in advance of its intent, and advise the defendant that if he or she fails to inform the Commonwealth of their desire to cross-examine the technician or scientist who prepared the report within a specified period of time, the Commonwealth will be entitled to introduce the report without the testimony of the preparer.

Search Warrants in Virginia

Tue, 26 Jan 2010 08:00:00 EST

The Fourth Amendment to the United States Constitution was enacted to protect persons from government intrusion in their persons, homes, businesses and personal effects. Although Virginia has a similar provision in its state constitution, the Fourth Amendment is made applicable to all of the states by the "due process" clause of the Fourteenth Amendment.

In Virginia, the General Assembly has enacted several statutes that address search warrants. For instance, Code section 19.2-52 describes who has authority to issue search warrants. That section states, in applicable part, "... search warrants, based upon complaint on oath supported by an affidavit as required in § 19.2-54, may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant." Notice that the statute does not specify that the person swearing out the oath be a law enforcement officer, but that is generally the case, whether it be a local sheriff's deputy, state trooper, police officer, or federal agent.

The person seeking the issuance of the search warrant must also file an affidavit. Code section 19.2-54 states, in applicable part: "No search warrant shall be issued until there is filed with the officer authorized to issue the same an affidavit of some person reasonably describing the place, thing, or person to be searched, the things or persons to be searched for thereunder, alleging briefly material facts, constituting the probable cause for the issuance of such warrant and alleging substantially the offense in relation to which such search is to be made and that the object, thing, or person searched for constitutes evidence of the commission of such offense."

In order to be a valid search warrant, it must also comply with what state law permits a person, place, or thing to be searched for. Code section 19.2-53 provides: "Search warrants may be issued for the search of or for specified places, things or persons, and seizure therefrom of the following things as specified in the warrant: (1)Weapons or other objects used in the commission of crime; (2) Articles or things the sale or possession of which is unlawful; (3) Stolen property or the fruits of any crime; (4) Any object, thing, or person, including without limitation, documents, books, papers, records or body fluids, constituting evidence of the commission of crime."

Refusal to Perform FSTs Not "Consciousness of Guilt" in DUI Stop

Fri, 22 Jan 2010 08:00:00 EST

The Virginia Court of Appeals ruled last year that refusal to perform Field Sobriety Tests (FSTs) was evidence of "consciousness of guilt," and therefore could be considered by the trial court in determining that the officer had probable cause to arrest for DUI. That is no longer the law in Virginia!

Last week the Virginia Supreme Court reversed that ruling of the Court of Appeals in the case. The Supreme Court said that one's refusal to perform FSTs --- which are voluntary, not mandatory --- when stopped for DUI is not "consciousness of guilt." Therefore, the Commonwealth may not use a refusal to perform FSTs in a DUI stop against the defendant to support probable cause for the arrest unless other factors (mentioned below) exist. The Supreme Court reasoned:

A refusal to submit to field sobriety tests ... can often be explained in terms of innocent human behavior. Unlike instances of flight, the use of a false name, or other acts of deception, a driver refusing to submit to a field sobriety test has not undertaken affirmative action to deceive or to evade the police. Moreover, there are numerous innocent reasons why a person may refuse to engage in tests that are not required by law, including that a person may be tired, may lack physical dexterity, may have a limited ability to speak the English language, or simply may be reluctant to submit to subjective assessments by a police officer. Therefore, we conclude that a defendant’s refusal to submit to field sobriety tests is not evidence of “consciousness of guilt,” and that the Court of Appeals erred in applying this principle in reviewing the evidence of probable cause in the present case.

However, if there are other indicia or facts that support probable cause --- odor of alcoholic beverages, slurred speech, glassy eyes, incoherence, confusion as to time and place, unsteadiness --- refusal to submit to FSTs can also be weighed into the probable cause determination.

Teen Drug Use -- What Parents Should Know

Wed, 20 Jan 2010 08:00:00 EST

The reports we occasionally see that this or that national survey indicates a rise in alcohol and drug use among teens -- and that they're starting to abuse at earlier ages and in higher number -- bears some serious parental scrutiny. I am one of many, many attorneys practicing criminal defense in the Richmond, Virginia metropolitan area, and in the past 5 years I have represented approximately 150 teens for some kind of drug-related offense.

While most have been occasional users of marijuana (pot) and its derivatives, others were seriously using higly addictive drugs on a regular basis. Many of these other drugs were obtained from home, or a friend's home, and not necessarily from the dealer in the bad part of town. In almost every instance, the kid's parents had no idea that their child was even using pot!

As a parent of two sons born three years apart, I can also speak to this point with a modicrum of experience. Although neither was drinking at the time of the event in question, while in high school each boy generated a late night call to me from the police because they were with others who were drinking. Thankfully, neither was prosecuted, and more thankfully, neither -- again, to their mother's and my knowledge -- have become overly familiar with illegal drugs (in other words, we're assuming they've both experimented since they're college age and older, but if so, it has yet to surface).

The lesson here is that no matter how good an example a parent sets for his/her child, they must assume that there is conduct occurring that is being effectively hidden from them by their children. Think about it --- did YOUR parents know EVERYTHING you did as a teen? Probably not. And today's youth on the whole are exposed to much more temptation than were their parents and grandparents. In my view, teens today are more willing to spread their wings at an earlier age, and to take higher risks without seeing the potental adverse consequences of their acts.

So, my advice to parents reading this is to continue to be involved in your children's lives to the extent that you can without turning them into social outcasts, or stifling their development as well-rounded adults. At the same time, do not abandon your responsibillity to educate them about the perils that are out there.

Also, spend some time on the Internet. Social network pages such as Facebook and MySpace are popular with youngsters, and you can see what your kids find interesting and who comprise their circle of friends. Also, learn the lingo the kids use -- http://www.webmd.com/parenting/teen-abuse-cough-medicine-9/drug-slang is a source for educating yourself on the slang kids use to discuss drug-related practices. This could prove very helpful.

Taco Loco -- Woman Stabs Husband to Death After Argument

Tue, 19 Jan 2010 08:00:00 EST

Police said Emma Jaime stabbed her husband, Ramone Jaime, in the heart at their home on New Year's Day following an argument at mealtime over tacos. At her preliminary hearing on Friday, it was revealed that just before the stabbing, the couple had been arguing about tacos.

Prosecutors said Emma Jaime dumped soda on her husband's tacos and then ran upstairs. When Emma Jaime came down the stairs, she found Ramone Jaime washing dishes, and that is when she stabbed him, prosecutors said.

Both Raymond and Emma Jaime were correctional officers at Salinas Valley State Prison, and had been married for six months. They moved into their home two months ago.

Emma Jaime was ordered to stand trial on murder charges.

Four Virginia Teens Get 12 Years in Statutory Rape

Fri, 15 Jan 2010 08:00:00 EST

Henrico Circuit Judge Gary A. Hicks sentenced four teenagers to the same prison terms yesterday -- 12 years with all but two years suspended -- in connection with an incident last February in which a 12-year-old had sex with each of them. At the time of the incident, the defendants were 17 and 18 years old.

The Assistant Henrico Commonwealth's Attorney trying the case had asked for sentences exceeding the high end of Virginia Sentencing Guidelines of about 15 years in prison, but declined comment about the victim after a 90-minute hearing yesterday that took place in a courtroom filled with families of the defendants but not the victim.

Evidence in the case showed that during a party Feb. 8, a shed was outfitted with a mattress and sheets behind one defendant's home. The sexual acts occurred there, as each of the four teens had intercourse with the girl. There was no testimony yesterday that the girl objected to her involvement with the defendants. Virginia law presumes that a child younger than 13 does not have the mental capacity to consensually engage in sexual activity.

Judge Hicks gave no explanation of his decision regarding the sentences imposed yesterday, which will require each of the teenagers to register as sexual offenders; the low end of sentencing guidelines for an active sentence was generally in the four-year range.

The sentences prompted a relative of one of the defendants to burst out cursing as he left the courtroom, prompting Hicks to recall the man and sentence him to 10 days in jail for contempt.

He was handcuffed and taken to jail.

Louisa County Investigation Continues in Death of VCU Student

Thu, 07 Jan 2010 08:00:00 EST

Louisa County Investigators are calling Kristan Charlene Fox's death suspicious as they continue an investigation into her death but say it doesn't appear to be a homicide. They are awaiting toxicology testing and trying to establish a timeline of her movements from phone records and video surveillance in the Zion Crossroads area.

Fox, a doctoral candidate at VCU, also taught an introductory course in criminal justice at VCU, was pronounced dead about 5:40 p.m. New Year's Eve at Martha Jefferson Hospital in Charlottesville.

Two men who knew Fox took her to the hospital the previous day, arriving shortly before 1 a.m., said Louisa sheriff's Detective Jeff Sims.

The two men told hospital employees they found Fox lying behind a McDonald's restaurant at 11445 James Madison Highway off Interstate 64 near Zion Crossroads (exit 136). The men also say they picked Fox up there after she called and asked them to do so, Sims said.

"We just have to see if that's really what happened," Sims said.

Sims added that Fox was seen in the Richmond area the evening of Dec. 29, the day before she turned up at the hospital.

Sims said Fox's body had no outward signs of trauma.

DUI & Manslaughter Charges Filed in I-295 Fatal Crash

Thu, 07 Jan 2010 08:00:00 EST

A New Kent County teenage man who authorities say triggered a fatal crash last week by driving the wrong way on Interstate 295, killing a man and injuring his daughter, was charged yesterday with involuntary manslaughter and drunken driving, state police said.

Nicholas R. Sickal, 19, of Barhamsville was arrested yesterday morning and also charged with maiming, said Sgt. Thomas Molnar, a state police spokesman. He was released on a $5,000 personal recognizance bond pending a hearing Jan. 14 in Hanover County General District Court.

Sickal is accused of driving south in the northbound lanes of I-295 when he collided head-on with a 1992 Cadillac DeVille being driven by William E. Goode Jr., 51, of Norfolk. The wreck occurred about 11:40 p.m. Dec. 30 about a quarter-mile south of the Pole Green Road interchange.

A witness told state police that Sickal had been traveling north on I-295 when he pulled over to the left shoulder, stopped his 1999 Dodge Ram pickup truck and then made a U-turn to head south in the northbound lanes, Molnar said. Police provided no explanation for his actions but noted that he was charged with driving under the influence.

Goode died at the scene; his 8-year-old daughter, Alysha, was seriously injured but survived. She has since been released from the hospital.

Goode was taking Alysha to Charlottesville to visit her adult sister, Misty Goode, when the wreck occurred, according to Goode’s sister-in-law, Carmen Ramage of Virginia Beach.

Felon in Possession of Firearm Conviction Results in 15 Year Federal Prison Sentence

Tue, 05 Jan 2010 08:00:00 EST

Federal prosecutors are waging war against convicted felons who are found in possession of firearms. AUnder federal and Virginia law, a person convicted of a felony is barred from possessing any firearm -- whether it be a rifle, shotgun or pistol. The penalties for violation of the law are harsh. This recent case illustrates how tough they can be.

Thurman Wyatt, 30, of Madison, Wis., was sentenced this month by Wisconsin U.S. District Judge Barbara B. Crabb to 188 months in federal prison for unlawful possession of a firearm by a felon. Wyatt pleaded guilty to this charge on November 5, 2009.

On May 4, 2009, Wyatt and co-conspirator Reginald Ballard went to the Capitol Bank in Verona, Wis. Ballard went into the bank, robbed it at gunpoint and was arrested outside of the bank after a standoff with police officers.

Wyatt was found in a car near the scene. In an interview with law enforcement agents, Wyatt admitted to possessing a firearm and giving it to Ballard before the bank robbery.

During the sentencing hearing, Judge Crabb stated that Wyatt was a danger to the community and a lengthy sentence was necessary to protect the public.

United States Attorney Sinnott praised the efforts of the bank employees and law enforcement agents involved in this investigation.

Reginald Ballard was sentenced by Judge Crabb on October 28, 2009 to 11 years in prison for the bank robbery.

Man Pleads Guilty to Ponzi Scheme

Tue, 05 Jan 2010 08:00:00 EST

A "Ponzi" or "Pyramid" scheme is one that entices people to "invest" in a financial venture with expectations or promises of higher returns than the amount invested. In reality, those returns are funded by contributions made by recent investors.

When the pool of investors is less than necessary to pay off the earlier investors, the scheme usually crumbles because more money is going out than coming in and people who invested later, lose their money instead of making more of it.

This is what has happened to Social Security for instance, and that is why you read and hear on the news that Social Secutrity is -- or will soon be -- BROKE.

Although the federal government runs the world's largest Ponzi game -- Social Security -- for good reason it is illegal in every state for private citizens to operate one. It is a violation of federal fraud laws to run a Ponzi or Pyramid scheme by mail or telecommunication, or across state lines. This is what happened to a South Carolina man who undertook to make a buck like the guys in Washington do.

Oren Eugene Sullivan, age 63, of Rock Hill, South Carolina, pled guilty in federal court to mail fraud in connection with his operation of a Ponzi scheme. Senior United States District Judge Matthew J. Perry accepted the plea and will sentence Sullivan at a later date.

Sullivan admitted that from 1995 through 2008, he ran the Ponzi scheme in which he sold false investments to 35 different individuals or groups of investors. Sullivan told clients that he was managing their investment accounts, and paid small dividends to his investors. However, he was actually converting their invested money for his own use, and paying the dividends with money he received from new investors. Over the course of the scheme, Sullivan took in approximately $2.5 million dollars from unwitting investors.

Sullivan’s scheme was detected by an investor, who reported him to authorities.

The maximum penalty is a fine of $250,000 and imprisonment for 20 years.

This case was investigated by the Federal Bureau of Investigation.

Reckless Driving Among Charges Brought in Henrico Against Chesterfield Woman in Chase

Mon, 04 Jan 2010 08:00:00 EST

A 22-year-old Chesterfield woman is facing multiple charges after a police chase and crash Saturday night in Henrico County.

Dorothy T. Richards of the 5400 block of Newby's Wood Trail is charged with driving on a suspended license, felony eluding police, reckless driving and leaving the scene of an accident, according to court records.

Richards appeared in Henrico General District Court this morning and will undergo a preliminary hearing January 26.

Richards was arrested Saturday night after she allegedly fled a police stop and crashed her car at the intersection of Staples Mill Road and West Broad Street, just inside the Richmond city limits. Police pursued her for about 1 ½ miles, beginning at Bremner Boulevard.

Texans Plead Not Guilty to Federal Drug Charge in Richmond

Fri, 01 Jan 2010 08:00:00 EST

Two Texas residents accused of smuggling 3½ pounds of methamphetamine to the Richmond area in November pleaded not guilty in federal court today.

Wearing shackles and dark-blue jail jumpsuits and assisted by a Spanish-speaking interpreter, Hector Ceron-Garcia, 21, and Luz Diaz, 36, asked for a jury trial, which was set for Feb. 16 by U.S. Magistrate Judge M. Hannah Lauck.

The two were indicted Dec. 15 by a grand jury on charges of possession with the intent to distribute more than 500 grams of methamphetamine. If found guilty, the punishment would range from 10 years to life in prison.

Richmond Homicide Total for Year Hits 39 With Shooting Death in Gilpin Court

Fri, 01 Jan 2010 08:00:00 EST

Richmond police today identified the victim in a shooting last night at the Gilpin Court public housing complex.

Police said Reginale N. Lee, 19, whose last known address is the 2300 block of Ambrose Street, was found dead in the 1000 block of St. James Street. His was the 39th homicide in Richmond in 2009.

At 10:19 p.m., officers patrolling the area heard a gunshot and found Lee within one minute, police said. He was pronounced dead at the scene.

Detectives are in the early stages of their investigation. Anyone with information is asked to call Crime Stoppers at 780-1000.

Wrong-Way Driver Involved in Fatal Crash on I-295 Near Richmond

Fri, 01 Jan 2010 08:00:00 EST

Possible reckless driving charges may be filed against the survivor of a fatal crash on I-295 near Richmond.

Virginia State Police (VSP) say a wrong-way driver triggered a fatal crash on Interstate 295 in Hanover County late Wednesday night. A VSP spokesman said the crash occurred in I-295's northbound lanes just south of the Pole Green Road interchange at 11:40 p.m.

The police said William E. Goode Jr., 51, of Norfolk was driving northbound when his Cadillac sedan was struck by a southbound Dodge pickup truck driven by Nickolas R. Sickal, 19, of Barhamsville.

Mr. Goode was declared dead at the scene, and his 8 year old daughter was taken to VCU Medical Center in Richmond with serious injuries.

Mr. Sickal was taken to VCU Medical Center with injuries described as serious, but not life-threatening.

Man Gets 10 Years on Federal Drug Charges

Thu, 31 Dec 2009 08:00:00 EST

TERRENCE WILLIAMS, 40, of Thompson Street, Stratford, was sentenced in late December by United States District Judge Janet C. Hall in Bridgeport, Connecticut to 120 months of imprisonment, followed by five years of supervised release, for his participation in a Bridgeport-based narcotics trafficking ring.On November 5, 2009, WILLIAMS pleaded guilty to one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine.

According to court documents and statement made in court, from approximately January 2002 to February 2009, George Sanchez headed a large-scale cocaine and crack cocaine distribution ring operating in Bridgeport. Using the U.S. Mail and other shipping services, Sanchez had, on average, two kilograms of cocaine shipped from Puerto Rico to various residences in Bridgeport each week. The cocaine was wrapped and secreted inside electronic devices such as VCRs, clothing, and other items.Once the packages were received in Bridgeport, Sanchez and his associates would process some of the cocaine into crack cocaine, and package the cocaine and crack cocaine for distribution to other narcotics traffickers in the Bridgeport area.

Pro Footballer Charged With DUI in New Orleans

Wed, 30 Dec 2009 08:00:00 EST

New Orleans Saints defensive end Bobby McCray will not be able to drive by himself for some time after being arrested early Tuesday for allegedly driving under the influence.

Under Louisiana law, any person suspected of driving drunk will automatically lose their license for 12 months if he refuses a breath test.

According to the New Orleans Police Department, the former Florida Gator and Jacksonville Jaguar was booked after being stopped near the westbound Interstate 10's Carrolton Avenue overpass about 4:30 a.m. for speeding.

McCray, listed 6-foot-6, 262 pounds reportedly refused to take a breath alcohol test.

The 28-year-old veteran, however, did not resist arrest.

McCray was later released Tuesday morning on his own recognizance and did not have to pay bail money, NOLA.com reported.

McCray inked a 5-year, $20 million contract with the Saints in 2008.

Prior to his arrest, McCray registered 10 tackles and 1.5 sacks this season.

Since breaking into the pros after being selected by the Jaguars in the 2004 draft, McCray has amassed 29.5 sacks.

Expect DUI Checkpoints and Stepped Up DUI Efforts This Weekend In Richmond Metropolitan Area

Wed, 30 Dec 2009 08:00:00 EST

Richmonders, and those passing through central Virginia over the New Year's weekend, should not be surprised if they encounter a sobriety checkpoint or see more State Police Cars on the highways as state law enforcement agencies will step up efforts to nab suspected drunk drivers.

Consider the results of what California police did last week, making over 1400 DUI arrrests in Los Angeles County during a weeklong crackdown that ran through the holiday weekend, authorities said.

Between Dec. 18 and 26, there were 1,424 reported DUI arrests, according to the California Avoid program, a statewide law enforcement coalition of more than 40 counties. There were 1,416 arrests made during the same period last year.

“With all the Christmas parties and holiday office parties going on, a lot of people are out drinking and driving” said Wendy Soos, the local coordinator for Avoid. “It’s amazing how the stats go up around Christmas."

The crackdown will continue through the New Year’s holiday weekend, Soos said. In 2008, more than 400 arrests were made on New Year’s Eve and New Year's Day.

The California Highway Patrol(CHP), one of the coalition's partners, made more than 200 arrests for driving under the influence on Los Angeles County freeways this holiday weekend. Overall, the CHP made 236 DUI arrests in L.A. County this year.

In Orange County, the CHP made 22 DUI arrests. In San Diego County, the Highway Patrol made 38 DUI arrests.

Statewide, 16 people died in traffic accidents, the same as last year, according to the CHP.

Now, law enforcement is gearing up for another crackdown with New Year’s weekend ahead. Said Soos: “We just step up the DUI enforcement in order to save lives.”

4 Shot, 3 Killed in Detroit Residence

Wed, 30 Dec 2009 08:00:00 EST

Detroit police say two gunmen opened fire at a house on the city's east side, killing three people and critically wounding a fourth.

Police spokesman John Roach said that no one was in custody. He says a 33-year-old man, a 35-year-old woman and another man were found dead Monday night, each of them shot in the head. Roach says a 37-year-old man who was shot several times called 911 about 9 p.m. and was able to give police some information.

He was in critical condition at a hospital.

No motive was announced, but many times police suspect drug transactions may be behind such shootings.

Postal Worker On Leave After Fatal Accident

Wed, 30 Dec 2009 08:00:00 EST

Henrico County police are investigating a wreck in which a Glen Allen woman was killed after her car was struck by a U.S. Postal Service delivery truck on Christmas Eve.

The victim, Gurjit Rathore, 33, of the 4500 block of Moraticco Court, was pronounced dead at Henrico Doctors' Hospital after the 1:56 p.m. crash at Farmington Drive and Condover Road. She suffered neck and chest injuries, police said.

Police are investigating whether the postal service truck, driven by an on-duty worker, ran a stop sign before colliding with Rathore's 2001 Honda Accord. Rathore's three children were inside the family's car but apparently weren't injured.

The postal worker, who wasn't identified, has taken a personal leave from work, said Cathy Boule, a spokeswoman for the U.S. Postal Service in Richmond. Postal authorities will determine whether he will resume his mail route pending an internal investigation, she said.

"He was making deliveries at the time" of the crash, Boule said.

Henrico police Lt. Dirk Engels said the postal truck was traveling south on Condover Road and attempted to cross Farmington Drive from a stop sign when he struck Rathore's vehicle, which was heading west on Farmington.

The intersection "is controlled by a stop sign but that part of it is still under investigation," Engels said.

Engels said neither speed nor alcohol were factors in the crash. The state Medical Examiner's Office said Rathore died from a lacerated wound to her left lower neck.

No Bomb Found, But Anonymous Tip Leads to Trespassing Charge Against 22 Year Old in Richmond

Wed, 30 Dec 2009 08:00:00 EST

Richmond police filed a trespassing charge against a man apprehended last night at Bryan Park after police got a tip that he might be headed there with an explosive device.

Anthony Stanley, 22, of the 2200 block of Oakwood Lane in Henrico County, was charged with trespassing because he is accused of being in the park in North Richmond after it closed at sunset, said police spokeswoman Karla E. Peters.

No explosive device was found on Stanley or in the park, Peters said.

Authorities found Stanley shortly before 9 p.m. after a search involving about two dozen officers from three police agencies, police dogs and an airplane.

The incident stemmed from a tip Henrico County police received about 6:15 p.m. stating that a man had said he was planning to blow up something and that he might have a homemade bomb in his pocket, Henrico police said.

County authorities notified city police that the man might be at Bryan Park.

City and Henrico police and state police stationed themselves around Bryan Park and troopers patrolled nearby Interstates 95 and 64.

Stanley was taken into custody after he was found on the park's perimeter

Richmond Police Crack Down on Prostitution & Solicitation

Tue, 29 Dec 2009 08:00:00 EST

Richmond police arrested 29 men and women on prostitution-related charges during four citywide sting operations this month, authorities said.

The charges included prostitution and solicitation of a prostitute.

"We're responding to complaints from city residents who live or work in the areas where prostitution occurs," Richmond police Maj. John Keohane said in a statement.

During the first operation Dec. 3, police arrested seven men in the 6500 block of Midlothian Turnpike. They ranged in age from 21 to 62.

Then, on Dec. 4, police arrested six women at several city locations, including Jefferson Davis Highway and on Fairfax and Fairmont avenues. They ranged in age from 27 to 45.

Five days later, police arrested 10 women at various locations, including Jefferson Davis Highway and on Chicago, Lamb, Castlewood and Fairfax avenues and Walmsley Boulevard. They were 20 to 47 years old.

On Dec. 19, police arrested six women at several city locations, including Chamberlayne Avenue, Old Brook Road, Nine Mile Road and Hull Street. They ranged in age from 26 to 55.

Drug Dealers Get Hefty Federal Prison Time

Mon, 28 Dec 2009 08:00:00 EST

the FBI and Nora R. Dannehy, United States Attorney for the District of Connecticut, announced last week that three men involved in a Bridgeport-based narcotics trafficking ring have been sentenced to federal prison.

The charges stem from “Operation G-Force,” a joint law enforcement investigation into Bridgeport-area narcotics trafficking headed by the Federal Bureau of Investigation’s Safe Streets Task Force. The year-long investigation, which led to the indictment of more than 40 individuals, included the use of court-authorized wiretaps; controlled purchases of cocaine, crack, and heroin; and physical surveillance.

The investigation revealed that Malcolm White, also known as “Malc” and “X,” distributed heroin and crack cocaine out of the Marina Village housing complex in Bridgeport.

On December 22, WILBURT JORDAN, 41, of Bridgeport, was sentenced by Chief United States District Judge Alvin W. Thompson in Hartford to 110 months of imprisonment, followed by four years of supervised release. The investigation revealed that JORDAN supplied White with heroin, which he distributed to others.

On December 21, SAMMUEL BOLTON, 33, of Norwalk, was sentenced by Judge Thompson to 84 months of imprisonment, followed by four years of supervised release. BOLTON was a street-level dealer who received heroin from White.

On December 14, JUAN HERNANDEZ, also known as “Keyes,” 22, of Carleton Avenue, Bridgeport, was sentenced by Judge Thompson to 92 months of imprisonment, followed by four years of supervised release. HERNANDEZ also was a street-level dealer who received heroin from White.

JORDAN, BOLTON, and HERNANDEZ each previously pleaded guilty to one count of conspiracy to possess with intent to distribute 100 grams or more of heroin.

White has pleaded guilty to one count of conspiracy to possess with intent to distribute 50 grams of more of cocaine base (“crack cocaine”). He awaits sentencing.

This matter was investigated by members of the FBI Safe Streets Task Force, which is composed of federal agents and state and local officers from the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation Division, the Connecticut State Police Statewide Narcotics Task Force, and the Bridgeport, Stamford, Stratford, Fairfield, Trumbull and Norwalk Police Departments.

Home Invasions on Rise in Richmond?

Sun, 27 Dec 2009 08:00:00 EST

Another home-invasion was reported in the Richmond area over the weekend. This time, with injuries to the occupants of the residence.

One man was shot and another was struck in the head with a gun after three robbers stormed a Chesterfield County home in the 2100 block of Bowlin Court, northeast of Pocoshock Boulevard and Hull Street Road early Saturday morning, the police said.

The intruders first knocked on the door about 1 a.m.and each wore dark clothes and obscured his face with a blue bandanna, said Chesterfield police Capt. Kevin Smith. When no one answered the door, they forced their way inside, Smith said. Two men inside the home barricaded themselves in a back room, but one of the robbers fired through the door, striking one victim in the shoulder, Smith said.

The robbers went into the room, and one of them struck the other victim with a gun, leaving a cut on his forehead, Smith said. They stole an undisclosed amount of money and left.

The gunshot victim was treated at VCU Medical Center and released. The assault victim also was treated for injuries described as not life-threatening, Smith said.

Man Charged With DUI While Operating Forklift

Sun, 27 Dec 2009 08:00:00 EST

Fairbanks, Alaska police say 20-year-old David Stepp got the forklift from his work late Thursday in an attempt to free two pickups that were stuck in a ditch. Police arrived to find Stepp behind the wheel of the forklift, and both trucks still in the ditch.

According to police, Stepp and a friend both had blood-alcohol levels exceeding the legal limit.

Lt. Matt Soden says operating any motorized vehicle while drunk can lead to a DUI.

Besides the jail time, Stepp must pay a $1,500 fine.

Cops Caught in FBI Sting

Sun, 27 Dec 2009 08:00:00 EST

Think all police officers are honet? Think again -- there are bad apples in every barrel.

The FBI St. Louis division announced Christian Brezill pleaded guilty to the theft of government property by stealing stolen merchandise after an arrest. According to court documents, Ronald Jackson and Christian Brezill were uniformed patrol officers assigned to work in the St. Louis Metropolitan Police Department’s Sixth District out of the North Patrol Division. They were responsible for collecting, preserving and inventorying evidence; interviewing witnesses; making lawful arrests; conducting lawful searches; and making truthful and accurate reports of their official activities.

Court documents and statements made in court during the plea hearing by Assistant U.S. Attorney Hal Goldsmith state that on July 27, 2009, Jackson was on duty when he received information from an individual that a woman identified in the court documents only as Jane Doe was in possession of electronics equipment stolen from the retailer Best Buy, and was in a vehicle on the parking lot of the Phillips 66 station at 5728 West Florissant Avenue.

Jackson agreed with the individual that he would find Jane Doe, seize the stolen electronics equipment from her vehicle, and split some of the stolen electronics equipment with that individual. Jackson then shared that information with Christian Brezill, who was also on duty and they both drove their police vehicles to the Phillips 66 station to meet Jane Doe. Jackson and Brezill did a computer check on Doe, discovered that she had outstanding minor traffic warrants, arrested her on those traffic warrants, and placed her handcuffed into Brezill’s police vehicle.

They searched the trunk of Doe’s vehicle and discovered brand new electronics equipment, in original boxes and in Best Buy store bags, including a Sony speaker system, a Phillips I-Pod docking system, speaker cable, a Wii gaming system, an X-Box gaming system, a Logitech computer speaker system, a Dell Inspiron laptop computer, and a Dynex LCD flat screen television. Jackson and Brezill removed all of the electronics equipment from Doe’s vehicle, and placed the items into the trunk of Brezell’s police vehicle.

They then conveyed Jane Doe to the North Patrol Division where she was booked on the outstanding minor traffic warrants. Doe was neither arrested nor charged relative to her possession of the electronics equipment. Jackson and Brezill failed to report to the St. Louis Metropolitan Police Department, either verbally or in writing, their seizure of the electronics equipment from Jane Doe’s vehicle.

After their work shift ended during the early morning hours of July 27, 2009, Jackson and Brezill met at a residential location and split up the seized electronics equipment between themselves. Jackson kept the Sony speaker system, the speaker cable, the X-Box gaming system, and the Dynex LCD flat screen television; he later gave the Sony speaker system and the speaker cable to the individual who had originally provided him the information regarding Jane Doe, and sold the Dynex LCD flat screen television to another individual for cash.

Brezill kept the Phillips I-Pod docking system, the Wii gaming system, the Logitech computer speaker system, and the Dell Inspiron laptop computer; he later sold the Phillips I-Pod docking system and the Logitech computer speaker system to an individual for cash.

Unbeknownst to Jackson and Brezill, Jane Doe was cooperating with federal law enforcement, and the electronics equipment seized from her and stolen by the defendants was the property of the United States of America.

Brezill, 25, St. Louis City, plead guilty to one felony count of theft of United States Property before United States District Judge Donald J. Stohr, who set sentencing for March 19, 2010.

Co-defendant Ronald Jackson, 58, St. Louis City, pleaded guilty last week to one felony count of theft of United States Property, and is scheduled for sentencing March 12, 2010.

Theft of United States Property carries a maximum penalty of 10 years and/or fines up to $250,000. Reap commended the work on the case by the Federal Bureau of Investigation and Assistant United States Attorney Hal Goldsmith, who is handling the case for the U.S. Attorney’s Office.

Virginia Agents Aid in Arrest and Conviction of California Man on Child Porn Charges

Sun, 27 Dec 2009 08:00:00 EST

The FBI Sacremento Division announced this week that NATHAN ALLEN, 27, of Citrus Heights, California, was sentenced today by Senior U.S. District Court Judge Lawrence K. Karlton, to 160 months in federal prison for possessing and transporting visual depictions of minors engaged in sexually explicit conduct.

This case was the product of an extensive investigation by the Calverton. Maryland; Cleveland, Ohio; Richmond, Virginia; and Sacramento offices of the FBI, and was undertaken as part of Project Safe Childhood (PSC). PSC is a United States Department of Justice initiative established to increase federal prosecutions of violent sexual predators of children and to reduce the number of Internet crimes against children including child pornography trafficking. As a part of PSC, the United States Attorney’s Office has teamed with state and local agencies and organizations to increase law enforcement presence on the Internet, and to educate the public about safe Internet use, thereby reducing the risk that children might fall prey to online sexual predators. For additional information on the PSC initiative, please go to www.projectsafechildhood.gov or call the United States Attorney’s Office for the Eastern District of California and ask to speak with the PSC coordinator.

According to court documents and Assistant United States Attorney Laurel D. White, who prosecuted the case, ALLEN pleaded guilty in September of this year to charges that he possessed and transported, on three separate occasions, child pornography. Evidence revealed that on those three occasions, undercover FBI agents from Maryland, Virginia and Ohio were allowed access to ALLEN’s computer and his shared collection of more than 54,000 images and videos of sexually explicit images of minors. Agents were then able to download sexually explicit images of children through the use of a file-sharing program ALLEN had installed on his computer.

A search warrant was ultimately obtained for ALLEN’s residence, and on February 10, 2009, agents searched his apartment. An on-site preview of his computer revealed a large collection of videos and images depicting minors engaged in sexually explicit conduct, including those downloaded by the three FBI agents on August 6th, November 25th and December 5th, 2008. A subsequent forensic analysis revealed more than 200,000 videos and images of child pornography, many of them depicting known and previously identified victims of child sexual abuse whose images were produced outside the state of California. When interviewed, ALLEN acknowledged distributing images of child pornography via the file sharing program he used and said he knew what he was doing was wrong.

In addition to his prison sentence, ALLEN was ordered to serve a 10-year term of supervised release upon his release from custody. He was also ordered to pay $7,500 in restitution to one of the victims depicted in the videos he possessed and made available to others. The defendant was also ordered to pay a $400 special assessment.

Five Cops Guilty of Federal Civil Rights Violation in Beating Death of Handcuffed Prisoner

Sun, 27 Dec 2009 08:00:00 EST

The only people who break the law are criminals, and policemen. The former usually break any number of laws, while the latter do so while either forgetting or refusing to uphold the oaths they took to uphold the law. Occasionally -- but too often -- the results are tragic, as this report illustrates.

Two former San Juan, Puerto Rico, Municipal Police Officers, Elias Perocier Morales and Eliezer Rivera Gonzalez, were sentenced December last week in federal court for using excessive force that resulted in the death of Jose Antonio Rivera Robles, the Justice Department announced.

Perocier Morales received a sentence of 10 years in prison. Rivera Gonzalez received a sentence of six and a half years in prison.

Both Perocier Morales and Rivera Gonzalez pleaded guilty in June 2009. In the plea proceedings and court documents, Perocier Morales admitted that on July 20, 2003, in the course of arresting Rivera Robles, he punched his prisoner repeatedly in the face while Rivera Robles was handcuffed and incapable of defending himself. He also admitted to later kicking Rivera Robles hard when he appeared unconscious.

Rivera Gonzalez admitted to kicking Rivera Robles extremely hard when he was lying face down toward the ground, in no way posing a threat to anyone. Both men admitted that their actions, together with the actions of their fellow officers, resulted in Rivera Robles’s death.

On Aug. 13, 2009, three other officers were convicted, following trial, of civil rights violations arising out of the fatal assault, and one other officer was convicted of obstruction of justice related offenses in concealing facts. Vidal Maldonado, Juan Morales Rosado, Carlos Pagan Ferrer, and Jose Pacheco Cruz will be sentenced on their convictions at a later date.

“Every person has the right to expect that they will be safe when in the custody of law enforcement officers. Today’s sentence reflects the damage done to the public trust when law enforcement officers engage in such egregious misconduct,” Assistant Attorney General Thomas E. Perez said. “The Civil Rights Division will continue to aggressively prosecute officers who abuse their power in this manner.”

Special Agent Louis Rivera of the FBI’s San Juan Office investigated this matter. The case was prosecuted by Assistant U.S. Attorney Antonio Bazan, Special Litigation Counsel Gerard Hogan, and Trial Attorney Avner Shapiro of the Justice Department’s Civil Rights Division.

Richmond Bus Driver Found Guilty of Reckless Driving in Pedestrian Death

Fri, 25 Dec 2009 08:00:00 EST

A former GRTC Transit System driver who fatally struck a pedestrian in downtown Richmond on Sept. 30 was convicted of reckless driving.

While driving a bus, Teresa L. Jones, 46, struck Loucendia Reed Lambert, 55, of Disputanta about 8 a.m. while Lambert was crossing North 14th Street. Jones was turning right onto 14th from East Franklin Street after being stopped at a red light.

"This was one of the most horrible days of my life. . . . I'd never experienced that type of pain before," Jones said yesterday in court.

Testimony during the 90-minute trial showed that the bus may have had a malfunctioning driver's seat, that Jones' vision may have been impaired in part because of the seat and that a passenger was talking to Jones as she drove.

"I looked both ways. . . . I did not see Ms. Lambert cross in front of me. I did not," Jones insisted. When the light turned green and Jones turned right on 14th Street, she heard a bump, and passengers told her it was a woman.

Mark Allen, a police detective who arrived at the scene, said Jones was "very upset, shaking, kind of panicky." Another detective said Lambert had walked 20 feet into the street on the crosswalk before she was hit.

Her body came to rest 18 feet away. A shoe, some food and her purse were on the pavement where she was struck.

GRTC bus driver Darwin Henry testified for the defense that two days before the fatality, he was driving the same bus and the seat collapsed to the floor. The incident did not cause an accident, but he had to be assisted getting out of the seat.

Henry, who suffered unspecified injuries, said he reported the seat problem and other problems with the same bus. He said that when he learned the bus involved in Lambert's death was the same bus, "I was shocked to see it was still out there."

A spokeswoman for GRTC said after the trial yesterday that she could not comment on Henry's testimony, except to say that drivers are required to inspect buses before using them each day and to report any problems.

Jones said she began driving the bus at 5:30 a.m. after inspecting it. She said she did not experience any problems with the seat until she was stopped at the red light on Franklin waiting to turn onto 14th, and it slowly began sinking as far down as it would go.

She said she was trying to adjust the seat and never saw Lambert cross in front of the bus, which could be seen in a video taken from a camera inside the bus. A bus camera also showed a passenger speaking to Jones.

Under cross-examination by Deputy Commonwealth's Attorney Collette McEachin, Jones conceded that she proceeded with the turn when the light turned green, instead of stopping and putting on her flashing lights, even though there was a problem with the seat and it was more difficult to see because she was sitting lower.

Lambert must have been in a blind spot and moved along in it as the bus moved, Jones told McEachin.

Richmond General District Judge Thomas O. Jones expressed sympathy for the victim and for Jones before finding Jones guilty and fining her $100. "It's one of the more tragic cases that I have tried in my 25 years on the bench," he said.

Teresa Jones had been facing a maximum fine of $2,500 and/or up to 12 months in jail. Her lawyer, John W. Luxton, said he did not know whether his client would appeal.

Lambert's family, which has filed a $10 million suit against GRTC, refused to comment after the trial. GRTC announced Jones' firing the day Lambert's family filed the suit in November.

Prisoner Exonerated Sues Lawyer for Excessive Fee

Fri, 25 Dec 2009 08:00:00 EST

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DALLAS (AP) - A second wrongly convicted man freed by DNA evidence has sued his civil lawyer and an Innocence Project of Texas official in a dispute over attorney fees in DNA exoneration cases.

Patrick Waller, wrongly imprisoned from 1992-2008, says the attorneys want too large a chunk of the nearly $1.3 million he received for spending 16 years in prison. His lawsuit filed this week in Dallas is the second in a month as a formerly feel-good story about freedom and delayed justice devolves into a battle over turf and money.

Waller recently received a seven-figure lump sum under a new state compensation law that attorney Kevin Glasheen lobbied for on behalf of his 13 wrongly convicted clients.

Waller said he paid Glasheen $650,000 in fees, and Glasheen in turn will pay a $130,000 referral fee to Jeff Blackburn, the chief counsel for the Innocence Project of Texas.

Glasheen dismissed Waller's lawsuit as "a weak claim" Wednesday. Blackburn declined to comment, saying he hadn't yet seen the lawsuit.

Waller agrees Glasheen should be paid for his lobbying work, but contends he hired a lawyer, not a lobbyist. He also said he was shocked to learn of Blackburn's fee, even though Blackburn's group paid for a second round of DNA tests after an initial test pointed to Waller's innocence.

Waller had been convicted of aggravated robbery and aggravated kidnapping stemming from the 1992 abduction of a Dallas couple.

"Jeff Blackburn didn't refer me" to Glasheen, said Waller, 40. "I am not a free man because of Jeff Blackburn."

Waller credits his criminal attorney, Gary Udashen, as being chiefly responsible for freeing him. Udashen is receiving about $100,000 from Glasheen in the case, a fee which Waller said he does not oppose.

Glasheen's original plan was to file federal civil rights lawsuits for his wrongly convicted clients - a risky proposition because such suits can take years and have uncertain outcomes. He did so for several clients, but not Waller.

Glasheen then persuaded his 13 exoneree clients to withdraw their suits while he pursued a different strategy: lobbying the Texas Legislature to increase compensation.

It paid off for everyone. Texas went from paying the wrongly convicted $50,000 for each year of incarceration to $80,000 per year, plus a lifetime $80,000 annuity that varies based on life expectancy and other factors. The compensation package is the most generous in the nation.

Exonerees get paid more, and so does Glasheen. According to Waller's lawsuit, Glasheen would receive at least $8 million in fees from his clients - more than any individual exoneree.

"I mean, come on, man," Waller said. "He ended up with more money than any of us."

Glasheen said all his clients agreed to his fee in writing, including Waller and Steven Phillips, the other wrongly convicted exoneree suing the attorneys. He added that he shouldn't be punished for finding a quicker solution to getting his clients paid.

"We were committed to take these all the way through to trial and appeal if need be," Glasheen said. "That we found a better solution than litigation isn't something we ought to be criticized for doing."

Other exonerees, such as Johnnie Lindsey, who was freed in September 2008 after nearly 26 years in prison, elected not to sign with Glasheen, preferring to collect his compensation without having to pay attorney fees.

Blackburn and Glasheen say the lawsuits are part of a turf battle among Texas innocence groups. They point out that the wife of Randy Turner, the lawyer representing Waller and Phillips, resigned from the Innocence Project of Texas board. She is dean of students at Texas Wesleyan's law school, which has its own innocence group.

Turner said in an e-mail that his wife resigned over a separate issue unrelated to "disapproval of the millions of dollars the lawyers were making."

Vince Nowak, Blackburn's attorney, framed the lawsuits as a "PR gimmick designed to undermine the work of the Innocence Project of Texas."

"Jeff and Kevin spent a lot of money changing a law to help these people and anyone who is going to be exonerated," Nowak said. "To file a lawsuit after an incredible result, it just floors me."

Milwaukee Man to Face Single Trial in Seven Murders Spanning Several Years

Fri, 25 Dec 2009 08:00:00 EST

In Virginia, prosecutors regularly obtain separate trials when a person is accused of more than one criminal act occurring at different times. This is especially true in homicide cases, the most important criminal trials of all.

The reason this is the standard is clear. By presenting evidence to the jury of one crime, the jury can rmain focused on evidence pertaining to just that one crime. This also removes the ability of the jury to speculate that if the evidence is stronger in one incident, the jury can presume guilt in another, less certain set of facts.

Second, if the evidence is weak in one case, trying the person a second or third time may result in a guilty verdict and a lenghthy incarceration.

However, this is not how it is done in other states. For instance, the Associated Press reported yesterday that a Milwaukee, Wisconsin judge ruled that a man accused of killing seven local women will have one trial covering all their deaths. Forty-nine-year-old Walter E. Ellis has pleaded not guilty to homicide charges in the seven murders that occurred between 1986 and 2007 in Milwaukee.

Ellis' attorney had asked Judge Rebecca Dallet to separate the cases. Separate trials would make it harder for prosecutors to show links between one case and another.

Judge Dallet said Wednesday there are enough similarities between the cases that they can be tried together.

Compensating Those Wrongly Imprisoned -- The Texas Approach is Better Than Virginia's

Fri, 25 Dec 2009 08:00:00 EST

Criminal defense attorneys have long questioned the reliability of eyewitness identifications. Where semen, blood or skin is left at a crime scene, DNA evidence can either confirm or eliminate the proof against the defendant. Sometimes innocent people have to wait years in prison until DNA evidence can establsih their innocence. In many cases, they are entitled to be compensated by the Commonwealth for their time spent behind bars.

By statute, Virginia will reimburse innocent persons who pleaded "not guilty" at trial and have served time in prison for certain felonies. However, the maximimum amount of compensation is far less than other states.

Only Texas has executed more persons than Virginia since 1972, yet a Texas statute providing for restitution of persons wrongly convicted pays $80,000 per year of incarceration, while Virginia's statute only allows an amount equal to 90 percent of the Virginia per capita personal income as reported by the Bureau of Economic Analysis of the United States Department of Commerce for each year, or portion thereof, of incarceration up to 20 years. In other words, for a person wrongly convicted in Virginia to be compensated on the same basis as a person wrongfully convicted and imprisoned in Texas, the per capita income of Virginians (that is, the average income of each Virginian) would have to be almost $90,000 per year.

Moreover, only a portion of that amount -- one fifth (20%) -- is paid immediately. The remaining 80% is paid in monthly installments for a period certain of 25 years commencing no later than one year after the effective date of the appropriation. The annuity from which the monthly payments are made may not be sold, discounted, or used as securitization for loans and mortgages by the person awarded compensation.

Plea Deal Made in Virginia Malicious Wounding Case

Wed, 23 Dec 2009 08:00:00 EST

A Culpeper man pleaded guilty yesterday in Culpeper Circuit Court to using a flammable substance to set a woman on fire.

James E. Anderson, 45, accepted felony charges of maliciously causing bodily injury using a caustic substance, two counts of violating a protective order and one misdemeanor contributing to the delinquency of a minor.

Anderson, who is being held without bond in Culpeper County Jail, is scheduled for sentencing March 1.

The commonwealth's attorney's office will seek at least 2 1/2 years of jail time, in accordance with sentencing guidelines. Anderson must also have no contact with the victim for whatever period the court orders and must pay restitution and court costs.

Police say the incident began during the night of Aug. 10 when Anderson, the unidentified victim and her teenage daughter were riding in the victim's car on U.S. 29 near Brandy Station.

After being sprayed with some sort of flammable substance, the woman stopped and got out of the car. Police say Anderson then struck a match, causing the woman to catch fire. She was treated and released from the hospital.

Anderson then left the scene in the victim's car. He was arrested days later in Washington.

Authorities have not disclosed why Anderson and the victim were riding together, exactly what led to the confrontation or what type of flammable substance was used.

Commonwealth's Attorney Gary Close said his office consulted with the victim before entering the plea agreement, sparing the woman's daughter from having to testify in court.

Ohio Seeks Highway Shooter(s): Incidents Similar Virginia Sniper Shootings

Wed, 23 Dec 2009 08:00:00 EST

BEREA, Ohio (AP) - A gunman appears to be targeting moving vehicles in a small patch of suburban Cleveland, hitting at least four cars in three shootings since mid-August, police said Tuesday. No one has been hurt.

All the shootings have happened on or near Prospect Street within a half-mile area in a residential neighborhood bordered by a park in the city of Berea. Investigators think the same person is responsible because the caliber of weapon is similar, police Lt. Gary Black said.

The latest shooting happened early Saturday just after midnight when the driver of an SUV found a bullet hole in a rear window near the roof.

Another driver, whose car was shot in August, said he found a bullet in his trunk after hearing what he thought was a firecracker.

"Had it been 20 inches higher, it would have been in the back of me," Randy Thatcher, of Strongsville, told The Associated Press. "I thought it was just a random thing until the second one happened."

Police have increased patrols in the area and talked with residents.

"Even if this person isn't trying to hit somebody, he could do so by accident," Black said.

The shootings have been centered around a street that cuts through the middle of Berea, a suburb home to Baldwin-Wallace College and the Cleveland Browns' practice facility.

Thatcher said he tries to avoid going down the street where his car was shot, but he can't always avoid it. "Everybody's pretty upset about it," he said.

Two of the shootings happened just after midnight, but the third one in October took place right around noon when two cars were hit along a park access road, police said.

It doesn't appear that the shooter is targeting any particular type of vehicle, Black said.

In 2006, Charles McCoy Jr. of Columbus was sentenced to 27 years in prison for shooting at cars and buildings on and around central Ohio highways in late 2003 and early 2004. One person hit in the shootings died.

An October 2002 shooting spree left 10 people dead and terrorized Maryland, Virginia and Washington, D.C., over a three-week period. John Allen Muhammad was executed in Virginia last month for killing a man at a gas station. His teenage accomplice, Lee Boyd Malvo, was sentenced to life in prison for one of the killings.

Delaware Pediatrician Faces Charges of Child Molestation

Wed, 23 Dec 2009 08:00:00 EST

A Delaware pediatrician is accused of molesting at least 16 patients and police say he used video cameras to record some of the attacks.

Police said Tuesday they were searching for more victims. Dr. Earl B. Bradley was charged last week with sexually abusing nine girls. The 56-year-old pediatrician faces 29 charges, including rape, and is being held on $2.9 million bond.

Delaware police spokesman Sgt. Walter Newton says he doesn't not know if Bradley has an attorney.

An 18-page court document details the alleged acts in exam rooms with Disney themes such as Pinocchio. Documents also claim the doctor gave a treat to one of his alleged victims after the abuse.

The alleged crimes happened between August and this month.

Chicken a la Coke Not on Christmas Menu for Gautemalan Arrested for Cocaine Smuggling in Virginia

Wed, 23 Dec 2009 08:00:00 EST

This is a recipe you likely will not see on the Foodtv network! The "chef" is in the Loudon County Jail awaiting trial on charges of cocaine smuggling which, at last report, does not have television studio equipment.

Customs inspectors at Dulles International Airport say a man from Guatemala was detained after he tried to carry a cooked chicken stuffed with more than $4,000 worth of cocaine.

Customs and Border Protection spokesman Steve Sapp says agents decided the fully cooked chicken that 32-year-old Wagner Mauricio Linares Aragon brought with him on a flight Saturday from El Salvador warranted closer inspection.

Inside the chicken's cavity they say they found two small, clear bags that contained about 60 grams – about 2.3 ounces – of powder cocaine.

Linares Aragon is being held awaiting trial on felony drug charges in Loudoun County.

Federal and State Law Enforcement Efforts Target Virginia Drug Dealers

Wed, 23 Dec 2009 08:00:00 EST

Nine individuals were arrested in October on cocaine trafficking charges as part of an ongoing investigation of cocaine dealers working in and around Springfield, Va. Two subjects were already in custody for unrelated state charges.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Joseph Persichini Jr., Assistant Director in Charge of the FBI Washington Field Office; and Colonel David Rohrer, Fairfax County Chief of Police, made the announcement after the criminal complaint was unsealed and the defendants were arrested.

"Combating illegal drugs has been—and will remain—a high priority for the U.S. Attorney´s office," said U.S. Attorney MacBride. "The arrests today could not have been possible without the seamless coordination of our local and federal partners. Everyone involved in this operation had one goal—gather the evidence necessary to get as many drug traffickers off our streets as possible."

"Today´s arrests demonstrate the need to collaborate regionally in a multijurisdictional effort to stop the illegal importation of drugs to the national capital region," said Mr. Persichini. "I would like to particularly commend the Fairfax County Police Department and their dedicated investigators and analysts for bringing this to the forefront and garnering these arrests."

"My investigators began this case over a year ago, and I´m very proud of the diligence and tireless efforts my men and women and all of our federal partners put into this international operation," said Chief Rohrer. "This case demonstrates how the partnership we have with the FBI Washington Field Office and the United States Attorney for the Eastern District of Virginia enables us to investigate criminal enterprises that stretch far beyond the boundaries of Fairfax County. Taking suspected drug traffickers off the streets is extremely satisfying."

According to the affidavit, an undercover detective with the Fairfax County Police Department began purchasing cocaine in the summer of 2008, from individuals in the Springfield, Va., area. The conspirators allegedly met on numerous occasions with the undercover officer and with each other at various locations, including area restaurants, businesses and convenience stores.

Through audio and video surveillance, the conspirators were recorded allegedly setting up drug sales, negotiating prices and complaining about cocaine amount and quality. According to the affidavit, at an earlier time in the investigation authorities conducted search warrants at residences allegedly tied to the conspirators and found cocaine, firearms, several mobile telephones and thousands of dollars in cash.

Reggae Superstar Buju Banton Facing Federal Cocaine Charges in Florida

Wed, 23 Dec 2009 08:00:00 EST

International reggae superstar Buju Banton is facing the fight of his life with the revelation that United States drug enforcement agents have recordings of his participation in a cocaine deal. Buju has been arrested on charges of dealing in illegal drugs and could spend more than 20 years in a federal prison in the US if he is found guilty.

"I think that if he is intelligent and he approaches the case properly, he could get a result that would not end his career, and that would put him in a position where he might be able, in a relatively short period of time, to come out," his attorney, Miami University Law Professor and Criminal Defense lawyer David Rowe told The (Jamaica) Gleaner newspaper on December 13th.

The veteran attorney was responding to the affidavit made public yesterday by the United States Drug Enforcement Agency (DEA).

In the affidavit, the DEA alleges that Banton, whose real name is Mark Myrie, and two others "knowingly and wilfully conspire and agree with each other and with others unknown to possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine".

Rowe, who was among the first persons to view the affidavit, argued that the allegations, which are reportedly supported by audio and video recordings, show that Buju and his co-accused will have a hard fight.

"This is a very tight affidavit. However, that does not mean that there may not be information that may arise at a later stage which might factually challenge some of the claims that have been made," Rowe said.

"I expect them to tender the affidavit before a federal grand jury and obtain a grand jury indictment eventually, but this is not good news for Buju Banton and his fans, because it appears he will have to explain a number of factual issues."

According to DEA Special Agent Daniel McCaffery, on December 8, law-enforcement agents received information from a confidential source that Buju and his associates were in the Sarasota area of Tampa, Florida, and wanted to purchase several kilograms of cocaine.

It is further alleged that Buju agreed to meet with the unnamed confidential source who was outfitted with audio and video-recording equipment.

McCaffery said Buju and one of his co-defendants, Ian Thomas, met the source at a restaurant before travelling to a second restaurant where they were shown a quantity of cocaine.

"After viewing the cocaine, Myrie (who allegedly used his tongue to test the cocaine) and Thomas continued to negotiate with the confidential source for them to obtain multiple kilograms of cocaine," McCaffery said in his affidavit.

According to the DEA agent, the next day, Thomas contacted the confidential source and continued negotiations to obtain 15 kilograms of cocaine.

On December 10, Thomas and another accused, James Mack, travelled to a facility where they allegedly presented a large quantity of money and were given a bag containing seven kilograms of cocaine.

At that time, they were arrested by law-enforcement agents and a handgun was reportedly found in a secret compartment of the vehicle they were driving.

DEA agents subsequently arrested Buju, who was not at the scene at the time the drug deal was being completed.

However, Rowe told The Gleaner that absence was not enough to save Buju.

"He could enter a plea and attempt to strike a deal while assuming that the DEA has the evidence that it says it has," said Rowe.

Long Prison Term, Probation for Supplier in Drug Overdose Death

Tue, 22 Dec 2009 08:00:00 EST

Matthew Glenn Minster, 30, of Louisa County, was sentenced to prison for selling opiate pain-reliever patches to a young mother who later overdosed on them and died. According to court records, Minster was sentenced Friday to 10 years in prison, but most of that was suspended. He could have faced up to 50 years in prison. Minter received an active sentence of two years and six months Friday in Louisa Circuit Court, according to the court's records.

Minster previously pleaded guilty to distributing fentanyl patches. He was acquitted of felony murder of his housemate, 24-year-old Nicole Brockett, during a trial in October.

Brockett was found dead Dec. 26, 2007, in her Louisa home. Authorities have said she died of acute fentanyl poisoning.

Minster gave Brockett five fentanyl patches and told her she could pay him later, authorities have said. Instead of sticking them on her skin, Brockett cut some of them into pieces and ate them. Ingesting the patches, which are meant to release medication slowly through the skin, puts a lot of fentanyl into a person's system at once.

According to the U.S. Drug Enforcement Administration, fentanyl has similar biological effects to heroin but can be hundreds of times more potent.

He also will have to serve five years of supervised probation upon his release.

19 Year Old Sentenced to 126 Years for Drive-By Shooting Death

Tue, 22 Dec 2009 08:00:00 EST

Danville resident Tremon Antonio Wimbush was sentenced to 126 years in prison by Danville Circuit Court Judge David Melesco for the fatal July 11 drive-by shooting of Latoya Hubbard and the injuring of another person. Melesco suspended 60 years, leaving Wimbush, who turns 20 next week, to serve 66 years in the penitentiary. A jury found Wimbush guilty last month of first-degree murder, malicious wounding and two felony weapons charges.

During an emotional sentencing hearing Monday morning, Frederick Ferguson, who was shot in the leg during the incident at 251 Ross St., said he has nerve damage, a rod in his leg, limited mobility and “a mild case of paranoia,” as a result.

Bullet fragments remain in his leg after several surgeries and he had two chunks of lead removed in September, Ferguson said. The shooting, which shattered a bone in his leg, left him hospitalized for five days and unable to run or jump, he said.

Relatives gave emotional testimony, fondly recalling Hubbard.

Tyquan Hubbard, 9, said: “She was the most important person in my life.”

She taught Tyquan, who is diabetic, how to give himself insulin shots and they watched movies and played together, he said. Tyquan implored everyone to “stop the killing and shooting.”

Older son Clifton Hubbard, 10, said: “She was like more than a friend to me. She was like someone I could talk to and hang with.”

“I think about her all the time,” he said.

Latoya Hubbard’s mother Kimberly Henry recalled getting the phone call about her daughter.

“That was the most traumatizing moment of my life,” Henry said.

Henry had strong words for Wimbush.

“No punishment will be extensive enough for the way and reason he took my daughter’s life,” she said, adding that Latoya was her only daughter, whose brothers looked up to her for advice.

During closing statements, Wimbush’s defense attorney, Andrea C. Long, said Wimbush didn’t realize he was the one who shot Hubbard until later because others were also firing shots. Wimbush has a brand new baby and will have to grow up without a father, Long said.

She asked Melesco to give a sentence on the lower end of the spectrum so “there will be light at the end of the tunnel.” Even the minimum sentence will put Wimbush in prison longer than he has been alive so far, she said. A smaller sentence will give him something to look forward to in prison so he can make something of himself, she said. He has completed a job-training program, she said.

“He’s goal-oriented,” Long said. “He’s dedicated to family and friends.”

Fuller said Wimbush remorselessly shot at a group of people who were sitting on the porch minding their own business on a hot summer night.

“It was a dastardly act in every respect,” Fuller said. “His greatest remorse is being locked up.’

“This type of case was not made for rehabilitation,” Fuller added. “He’s had all the chances for rehabilitation.”

Just before handing down the sentence, Judge Melesco cited the Book of Isaiah, saying a child will lead us and that maybe Tyquan was right when he said to stop the killing and shooting.

FBI Not Giving Up on 20 Year Old Murder Investigations

Mon, 21 Dec 2009 08:00:00 EST

"The FBI does not quit!"

That is the essence of the message that went out from Norfolk's (Virginia) Special Agent in Charge this week. The SAC announced that the Bureau was doubling its reward for information in the murder cases that have gone unsolved since the late 1980s.

The Norfolk division is sending fingerprints and trace evidence from the murders for advanced scientific testing at its laboratory in Quantico, Bureau officials said at a news conference December 18th.

Alex J. Turner, special agent in charge of the Norfolk FBI office, said he could not promise when that blood and fiber evidence would be tested for DNA but said, "the FBI laboratory has committed to expediting the examinations."

SAC Turner said that on Thursday night he briefed the families who lost relatives on the Colonial Parkway in the late 1980s. Turner said he told the families:

- An analysis found fingerprints and trace evidence that could be useful to the case.

- Reports and statements have been digitized and agents will use "intelligence analysts" to help review the files.

- Despite the absence of concrete evidence linking the cases, agents still believe all eight murders are the work of a serial killer or killers

"That's the working theory," Turner said.

Bill Thomas, brother of Cathleen Thomas, said the conference call with Turner was wide-ranging and, in many ways, reassuring to families who had felt ignored by the agency for decades.

"After 20 years of neglect by the FBI, the Thomas family is pleased to see the investigation moving forward," Thomas said from Los Angeles. "We were pleased with the phone call. We feel like Special Agent Turner and his team are making this case a priority."

The FBI is asking anyone with information on these killings to call the Norfolk office at (757) 455-0100 or to email Colonial_Parkway_Murders@ic.fbi.gov

Richmond Man Gets 25 Years on Federal Cocaine, Firearms Conviction

Sat, 19 Dec 2009 08:00:00 EST

Apparently not under suspicion until an acquaintance who was being followed by ATF agents was observed leaving his apartment -- and soon thereafter arrested with a large amount of cociane in possession -- a 31 Richmond man who was convicted of federal cocaine distribution and gun possession charges in September, was sentenced to 25 years in federal prison by a federal judge in RIchmond.

U.S. District Judge Henry E. Hudson sentenced Ronell Jones, who resided in Henrico County, to 300 months for conspiracy to distribute crack cocaine, possession with the intent to distribute crack cocaine, possession of a firearm in furtherance of a drug trafficking, and possession of a firearm by a felon.

According to the evidence presented, on June 8, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosive were following a suspect from the Charlottesville area who was believed to have committed a violent crime there.

The agents followed him to Henrico, where they saw him visit Jones' apartment. Shortly after leaving the apartment, the suspect was arrested while in possession of approximately 200 grams of crack cocaine.

As a result, Henrico police kept Jones' apartment under surveillance, and later stopped by police that night after leaving the apratrment in a car. A duffel bag he was carrying was searched, and police found more than 4 kilos of cocaine and $30,000 in cash inside, along with a gun.

A search of his apartment turned up items showing that Jones was involved in drug trafficking. The items included scales with drug residue on them, wrappers for kilograms of cocaine, an additional firearm, and utensils used in "cooking" cocaine into crack cocaine.

Oops! Don't Ship Marijuana by Mail

Sat, 19 Dec 2009 08:00:00 EST

Police spokesmen in Northern Virginia announced the owner of a Woodbridge hair salon was arrested on drug possession and distribution charges after receiving a 10-pound package of marijuana in the mail.

Prince William police were notified by U.S. Postal officers that drug-sniffing dogs found the package during processing at a postal facility.

Quinette Quarles was arrested when the parcel was delivered to her Wednesday at Impressive Creations Salon. Police said a subsequent search of Quarles' home turned up three handguns, bands to wrap cash, a currency counter and agents used to dilute drugs. Also, cocaine was found in Quarles' car.

Quarles faces drug and firearms charges and is being held on $25,000 bond. She is scheduled to appear in court Feb. 1.

Man Exonerated for 1981 DC Rape Conviction - Released from Prison After DNA Tests

Wed, 16 Dec 2009 08:00:00 EST

A man who spent 28 years behind bars for a rape and murder he said he didn't commit walked out of a federal prison in Arizona on Tuesday with $75 and a bus ticket to Ohio after DNA testing showed he was innocent.

The conviction of Donald Eugene Gates, 58, was based largely on the testimony of an FBI forensic analyst whose work later came under fire and a hair analysis technique that has been discredited.=

Assistant U.S. Attorney Joan Draper said she was unaware of the problems with Malone's testimony until the defense filed its motion this month seeking to have Gates' conviction thrown out.

Based on Malone's report, prosecutors had claimed hairs taken from Gates and hairs found on the victim were "microscopically indistinguishable."

Even leaving aside the allegations against Malone, the technique he relied on — microscopic hair analysis — has been discredited, Levick said. She cited a 2009 report by the National Research Council of the National Academy of Sciences that said there was "no scientific support" for using hair comparisons for identification.

Barry Scheck, co-director of the Innocence Project, said judges, as well as prosecutors, need to be informed when crime lab analyses are called into question.

"The important part of all these exoneration cases is to learn lessons from them," he said.

Gates asked for and got DNA testing in 1988. However, the DNA sample available at the time was insufficient to draw any conclusions with the technology then available.

Police Officers, Teens, Face Federal Indictments in Hate Crime Murder Cover-Up

Wed, 16 Dec 2009 08:00:00 EST

Federal prosecutors charged three police officers in a racially tense Pennsylvania coal town with orchestrating a cover-up in the fatal beating of a Mexican immigrant by altering evidence or lying to the FBI in a case against two white high school football players.

A federal indictment announced Tuesday in Washington revealed close ties between the officers and defendants: One dated the mother of an accused player, and another had a son on the team.

The former athletes themselves, ages 18 and 19, are now charged with a federal hate crime in the beating death of Luis Ramirez in a park on a night in July 2008 as they headed home from a party.

State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that the attackers yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.

The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the suspects won acquittals on the most serious charges.

"This is what our family, friends, and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."

The indictments accuse 19-year-old Derrick Donchak and 18-year-old Brandon Piekarsky of a hate crime. Donchak is also accused of conspiring with police to cover up the crime and giving false statements to police.

They also accuse Police Chief Matthew Nestor, Lt. William Moyer and Officer Jason Hayes of conspiracy and falsifying documents "with the intent to impede, obstruct, and influence the investigation." Moyer is further accused of witness tampering, destroying evidence and lying to the FBI.

The police chief and his second-in-command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.

The officers all pleaded not guilty before a federal magistrate and will be held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22.

Hayes dated Piekarsky's mother, and Moyer's son played on the football team, according to the indictment, which alleges that the officers took actions on behalf of the teens, especially Piekarsky.

Nestor, Hayes and Moyer failed to record incriminating statements made by Piekarsky and wrote "false and misleading official reports ... that intentionally omitted information about the true nature of the assault and the investigation," the indictment said.

The teens gathered at Donchak's home shortly after the fight, the indictment said, and Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes — and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating.

Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.

Moyer allegedly advised another teen to get rid of the sneakers he wore during the fight. Hayes and Moyer also tried, in their reports, to "falsely exaggerate" the culpability of a teen identified in court papers as "Participant 2" and minimize Piekarsky's role, according to court papers.

A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.

Almost from the beginning, Nestor, one of the now-indicted officers, had tried to play down the notion that race was involved, telling The Associated Press the attack "wasn't racially motivated" and "looks like a street fight that went wrong."

If convicted on the hate crime charge, Piekarsky and Donchak face a maximum of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.

FBI Makes Medical Fraud Arrests in Three States

Wed, 16 Dec 2009 08:00:00 EST

Federal agents arrested 26 suspects in three states Tuesday, including a doctor and nurses, in a major crackdown on Medicare fraud totaling $61 million in separate scams.

Arrests in Miami, Brooklyn and Detroit included a Florida doctor accused of running a $40 million home health care scheme that falsely listed patients as blind diabetics so that he could bill for twice-daily nurse visits.

The U.S. Department of Justice and U.S. Department of Health and Human Services said the total of 32 indicted suspects lined up bogus patients and otherwise billed Medicare for unnecessary medical equipment, physical therapy and HIV infusions.

Miami Dr. Fred Dweck, along with 14 people with whom he worked, was accused in an indictment of running a scam to tap a Medicare program that pays very high rates to care for the sickest patients.

Dweck referred about 1,279 Medicare beneficiaries for expensive and unnecessary home health and therapy services, bribing the owners of two Miami clinics to join the scam. He also faked medical certifications, according to the indictment.

A telephone listing for Dweck could not be found and it was unclear if he had a lawyer.

"No matter what type of fraud is committed, there is one common denominator and that denominator is greed," Assistant Attorney General Lanny Breuer said. "Medicare fraud is not a victimless crime. It hurts every American taxpayer by raising the cost of health care."

The raids come a week after a report that Miami-Dade County received more than half a billion dollars from Medicare in home health care payments intended for the sickest patients in 2008, which is more than the rest of the country combined.

"Get Money Green Brothers" Rappers "Got" in Richmond Federal Court on Cocaine Charges

Wed, 16 Dec 2009 08:00:00 EST

Three members of a Richmond, Virginia rap group "Get Money Green Brothers" have been sentenced in federal court for their roles in a large cocaine-distribution operation.

Christopher "Big Get It" Woolridge, 36, Natasha "P Get It" Payne, 28, and Terry "Little Get It" Battle, 31, all of Richmond, pleaded guilty to cocaine-distribution charges in connection with a four-year drug-trafficking conspiracy.

Government sources said the trio were responsible for the distribution of more than more than 110 pounds of cocaine during that time.

United States District Judge James R. Spencer sentenced Woolridge to 24+ years in prison, and Payne to 4+ years. Judge Spencer sentenced Battle to 9 years in prison.

The identity of the defense attorneys for these people was not disclosed in the media reports.

Deer Hunter Under Investigation in Shooting Death in King George, Virginia

Tue, 15 Dec 2009 08:00:00 EST

Games & Inland Fisheries conservation officers are investigating the fatal shooting of a deer hunter by another hunter in King George County. Both were members of a hunting club.

Department of Game and Inland Fisheries spokeswoman Julia Dixon said yesterday that 27-year-old Carrie L. Loving of Fredericksburg was standing near another hunter's truck when she was shot. Dixon also said 28-year-old Forrest D. Matthews Jr. of Fredericksburg shot and killed a deer, and a single buckshot pellet hit Loving in the head. A single 16-guage "double aught" shotgun pellet is almost the same size as a .38 caliber bullet. She later died at Mary Washington Hospital. Loving was wearing blaze orange.

This is a tragedy for all involved. In addition to the death of a young woman, Mr. Matthews will likely be struggling not only with his guilt over the incident, but the fear and anxiety that the potential for a prosecution brings. It is a no-win situation for all parties involved, and their families and friends.

In many accidental shooting cases arising from deer or turkey hunts, there is a tendency for Commonwealth's attorneys and game wardens to assume criminal negligence -- or worse -- played a significacnt part in the victim's death. If charges are filed against Mr. Matthews in this instance, he would be well advised to obtain the services of an attorney well-schooled in both investigative techniques, and forensic science, to challenge the Commonwealth's theory of the case. I speak to this from personal experience.

Several years ago I defended a deer hunter who was charged with manslaughter in a hunting accident that resulted in the death of his best friend's 16 year old nephew. The case went to trial, but after hearing the Commonwealth's evidence, the judge dismissed the charges, explaining the Commonwealth had failed to put forth sufficient evidence that my client was criminally negligent, or otherwise legally at fault. While my client did not have to serve any time in jail or have a felony conviction on his record, he lives daily with the memory of the events of that tragic day -- and will do so until he dies.

Hunting is a popular sport in Virginia, and for the most part, is conducted without serious injury or death to humans. However, shootings of human beings do occur with more frequency than is necesary. Unintended consequences are best avoided when hunters at all times remain alert to the potential dangers that exist when engaged in this activity.

Handerchief Color Sparked Attack by Gang Members - Two Convicted of Malicious Wounding

Thu, 10 Dec 2009 08:00:00 EST

Edward "Boonie" Johnson, a 17-year old Hampton resident, was found guilty Dec. 2 of maiming by mob and malicious wounding in the beating of two airmen at a McDonald's restaurant in February.

Although a juvenile at the time, Johnson was tried as an adult. He was the second person convicted in the McDonald's beating, which involved several people beating up the two airmen from Langley Air Force Base. Another person arrested in the beating was a 16-year-old juvenile who was sentenced as a serious offender and will remain in custody until he's 21.

Both victims were in their early 20s, with one suffering a broken nose and a broken cheekbone after getting stomped and kicked in the head, Holt said.

The incident, witnesses said, began over the color of the handkerchief one of the airmen had in his pocket. Colors of bandannas and handkerchiefs often are affiliated with certain street gangs.

Circuit Court Judge Christopher W. Hutton will sentence Johnson on Feb. 9.

Maiming and malicious wounding both carry a range of five years to 20 years. Aside from the two charges he was convicted of, Johnson was acquitted of gang participation and assault and battery by mob. Johnson has four other charges pending against him in a mob assault outside Club Atmosphere in Hampton. He faces a trial next month on charges of maiming, conspiracy, robbery and gang participation.

22 Arrests in Virginia Heroin Distribution Ring Made

Thu, 10 Dec 2009 08:00:00 EST

Associated Press, December 10, 2009

Michael Vick’s uncle is among 22 people charged with participating in a drug ring that distributed hundreds of grams of heroin in eastern Virginia.

Authorities said today that 57-year-old Joseph Vick Jr. of Newport News is accused of being a midlevel distributor.

A spokeswoman for the U.S. attorney’s office confirmed that Joseph Vick is the uncle of Philadelphia Eagles quarterback Michael Vick, who was released from federal custody in July after serving 20 months for a dogfighting conspiracy.

U.S. Attorney Neil H. MacBride and FBI special agent Alex J. Turner announced today’s arrests after court documents were unsealed. It’s unclear whether Joseph Vick has retained a lawyer.

All 22 defendants are charged with conspiracy to distribute 100 grams or more of heroin. The maximum penalty if convicted is 40 years in prison.

According to court records, several fatal overdoses over the past two years were attributed to heroin distributed by the drug ring.

Rear End Collision Near Richmond Closes I95 South for Four Hours - One Dead

Mon, 07 Dec 2009 08:00:00 EST

One person was killed and two were injured in a crash at Interstate 95's Southpark Boulevard interchange in Colonial Heights just south of Richmond this morning that prompted authorities to close a stretch of the southbound interstate for several hours.

Virginia State Police identified the victim as Mohammad H. Agha, 21, of Colonial Heights.

The three-vehicle wreck occurred just before 6 a.m. near mile marker 53, and southbound traffic quickly backed up several miles, well past the Temple Avenue interchange, exit 54.

At about 8 a.m., state police closed southbound I-95 at exit 58, the Walthall interchange, and began rerouting traffic onto U.S. 301. The area near the crash scene was reopened to traffic shortly after 10:30 a.m.

Molnar said Agha was driving a Lexus that rear-ended a Toyota Camry in the center lane, sending both vehicles into the concrete Jersey barrier separating the interstate's northbound and southbound lanes. After the Lexus hit the Jersey barrier, it went back into the center lane, where it was struck on its passenger door by a Lincoln, Molnar said.

Molnar said Agha was not wearing a seat belt.

Molnar said that in addition to Agha's death, one person was taken to VCU Medical Center and another to Southside Regional Medical Center, both with injuries that were not life-threatening.

Northbound I-95 traffic was not affected.

Richmond Councilman Pleads No Contest to DUI Charge

Mon, 07 Dec 2009 08:00:00 EST

Even elcted officials are within the reach of the "long arm of the law."

On December 7, 2009, Richmond City Councilman E. Martin Jewell pleaded "no contest" to driving under the influence in October and apologized to his constituents. A "no contest" plea -- "nolo contendere" in Latin legalese -- is made when the defendant concedes that there is sufficient evidence to convict him, but does not admit guilt. In effect, the person has elected not to contest the charge.

"I was wrong to drink and drive. I made a mistake, and I'm going to step up and be responsible for it," the 5th District council member said.

He was fined $500, with $250 suspended, and imposed a suspended 90-day jail sentence. Jewell's driver license was suspended for 12 months, but he will be allowed to drive to and from work, including City Council functions.

He also was referred to an alcohol-treatment program that will last at least 10 weeks. His attorney said the sentence was standard for the first-time offender.

Richmond police pulled over and arrested Jewell about 1:30 a.m. Oct. 24 near Byrd Park. His attorney said Jewell's blood-alcohol reading was 0.11 percent. In Virginia, as in other states who have bowed to federal government pressure to impose such a low limit or risk losing federal highway funds, a motorist is presumed to be legally intoxicated with a blood-alcohol concentration of 0.08 percent or higher.

Jewell would not discuss details of the night of his arrest but said he and his son had attended a party at a friend's house that coincided with homecoming weekend at Virginia Union University.

Long Prison Term Imposed on Virginia Man Convicted in Child Porn Case

Sat, 05 Dec 2009 08:00:00 EST

A Chesterfield County man convicted twice this decade of distribution of child pornography was sentenced to 17 years in prison on December 4th.

James Turner Yager, 31, had been facing a federal guideline sentence of roughly 20 to 24 years and -- because it was a second offense -- a minimum term of 15 years when he appeared before by U.S. District Judge Robert E. Payne.

Payne sentenced Yager to four years in prison in 2001 for the same crime. But not long after completing his prison sentence and three years of probation, he began receiving and sending child pornography, trading hundreds of images on the Internet.

Henrico Jury Recommends 78 Year Sentence in Drive-by Shooting

Thu, 03 Dec 2009 08:00:00 EST

A 19-year-old Henrico gunman, convicted last night of first-degree murder and multiple weapons charges, should serve 78 years in prison, a Henrico jury recommended after a two-day trial.

The jury found Marcus A. Yancey guilty of seven charges linked to a drive-by shooting in an eastern Henrico neighborhood plagued in recent years by violence.

The shooting apparently was sparked by long-standing rivalries between the Central Gardens community off Mechanicsville Turnpike and the New Bridge community off Nine Mile Road, but the specifics were never presented in court.

Quintin L. Chambers, who'd grown up in the New Bridge area and was known as Skittles, died from a single bullet wound to the back, one of six shots unloaded by Yancey from his sport utility vehicle, evidence showed.

Chambers was shot as he worked on a car stereo and chatted with friends.

Williamsburg Lawyer Indicted by Feds

Thu, 03 Dec 2009 08:00:00 EST

A federal grand jury has indicted a Williamsburg attorney accused of loaning himself $3.9 million from the estate of one of his clients and then lying about it.

Federal officials say 79-year-old James Edward Moyler was indicted yesterday on two counts of false declarations in a bankruptcy case and one count of making a false oath in a bankruptcy proceeding.

The indictment says Moyler made false statements in October 2008 and in January 2009 when he failed to list more than $3.9 million in liabilities he owed the estate of Lucille K. Steinhardt and then later lied about it. He was the executor of her estate and loaned himself the money from 2001 through 2005.

16 Year Old to Face Trial as Adult in Ax Attack on Student

Thu, 03 Dec 2009 08:00:00 EST

Under Virginia law, a juvenile over the age of 14 can be tried as an adult --- in an adult court --- for certain crimes. The law is usually applied for the most serious of criminal acts involving a juvenile offender. Sadly, that was the outcome in the Hanover County Juvenile & Domestic Relations District Court December 2, 2009.

A Lee-Davis High School student, Omar K. Abdelaal, 16, will be tried as an adult, a Hanover County judge ruled yesterday. After hearing evidence presented, Hanover Juvenile and Domestic Relations Judge Larry Gilman certified a charge of aggravated malicious wounding to a grand jury. He also set a tentative trial date for January 26, 2010, in the Hanover Circuit Court.

Judge Gilman viewed surveillance video that authorities say shows Abdelaal striking the victim, 15, with an ax at the Tractor Supply Co. in Mechanicsville after the school day ended Oct. 23. The video shown in court shows two groups of students milling about the store and talking, and then Abdelaal leaving the frame of the video. He returned moments later with a long-handled ax, peeled off a protective cover from the blade, and lunged toward the victim, striking him across the left side of his face.

The video ends with the two groups quickly leaving the store, and the victim left by himself with the ax on the floor and staggering toward the doorway.

The victim needed more than 120 stitches to repair damage to his face from a single blow, authorities said. The victim testified yesterday in court, and his face is still severely swollen and shows a long, crescent-shaped scar below his eye.

Abdelaal sat with his head bowed. He has been held in a juvenile-detention facility without bond since his arrest the day of the incident.

He faces up to life in prison.

Richmond, Virginia Sheriff Under Investigation

Fri, 20 Nov 2009 08:00:00 EST

A special prosecutor has been assigned to investigate an allegation of sexual battery made against Richmond Sheriff C.T. Woody, a law-enforcement official confirmed last night.

An adult woman made the allegation against Woody to Richmond authorities, and the matter later was referred to a special prosecutor, the official said.

It could not be confirmed when the incident is alleged to have taken place or the status of the investigation.

"There's no merit to it," Woody said by phone last night, adding, "I haven't been charged with anything that I know of."

He declined further comment. No further information was available.

Source: Staff Reports, Richmond Times Dispatch, November 20, 2009

Evidence Withheld? Teen Convicted of Chesterfield Murder May Get New Trial

Fri, 20 Nov 2009 08:00:00 EST

Next week's scheduled sentencing of former gang member Detavis J. King for the 2007 slaying of Chesterfield County teenager Ryan Matko, teenage son of a Richmond homicide detective, will be delayed for several months as his defense attorney seeks to have King's guilty verdicts set aside.

King's lawyer filed a motion November 18th to continue Monday's sentencing hearing so he can obtain and review a transcript of the trial testimony given by Dominique Johnson, a key prosecution witness, whom the defense suggested at King's trial was the real killer.

In his motion, the defense alleges Chesterfield prosecutors failed to provide it certain information about Johnson before trial that could have been favorable to King or impeach Johnson as a witness. King's lawyer said he discovered such evidence on his own after the trial.

The motion suggests that Johnson was pressured by police to provide incriminating information about King after Johnson was arrested on an unrelated drug charge, and that Johnson cooperated believing he would get favorable treatment. The motion goes on to state that after Johnson's June 2008 arrest as a juvenile, police questioned him about the Matko case and recorded his statements on a DVD. The recorded interview was only recently made available to the defense.

During the interview, according to the motion, a detective purportedly advised Johnson that drug defendants were able to "work off" their charges by cooperating with authorities. The detective then started discussing the Matko case with Johnson. As the interview progressed, Johnson told police that Jessica Mayo, a former schoolmate of King's, told her at a party that King had had a confrontation with Matko. Mayo later was subpoenaed as a prosecution witness, and she testified that King had told her during a math class that King and "his boys had gotten into it" with Matko. Prior to that time, the motion states investigators were unaware of that alleged conversation until Johnson provided Mayo's name to police.

In criminal trials, upon written request, the Commonwealth is required to provide the defense with evidence in its possession or control before trial that could be either favorable to the defense of the charges, or that could reduce the level of punishment. Known as exculpatory evidence, or "Brady" material, the withholding of such evidence may result in a new trial if the defense can show that the outcome may have been different had it known of the evidence before trial.

A prosecutor deliberately withholding such evidence from the defense risks serious consequences, as was the case involving the Durham, N.C. district attorney who was disbarred after it was proved he withheld exculpatory evidence in the prosecution of three Duke University lacrosse players whom he charged with the rape of a stripper. The three young men were exonerated.

Henrico Prosecutors Claim Gangs Responsible for Random Attacks

Thu, 19 Nov 2009 08:00:00 EST

Richmond Times Dispatch
Bill McElway, published 11/19/09

Henrico County authorities revealed yesterday that a series of beatings earlier this year in the western part of the county were linked to gang initiation rites.

Deputy Commonwealth's Attorney Michael Feinmel and police investigator D.C. Wood said at a preliminary hearing that two defendants and juvenile witnesses who appeared in court yesterday have ties to two well-known street gangs, the Bloods and the Crips.

"It's fair to say we are in the process of establishing what connections these people have to areas outside of Henrico County," Feinmel said after a hearing in which charges of malicious wounding, robbery and gang participation against two county residents were certified to a grand jury.

Facing a Feb. 3 trial are Mentor Bislimi, 18, of the 2100 block of Cool Brook Drive, and Kirkland Morris, 19, of the 00 block of Chase Gayton Terrace.

Witnesses yesterday, including former gang members and victims, said Morris and Bislimi led "a mission" in February this year that resulted in brutal beatings of three innocent passers-by and was designed to elevate the status of participants in the gangs. Morris is affiliated with the Bloods, and Bislimi with the Crips, according to testimony.

Though the Crips and Bloods are notoriously in conflict with each other, Morris and Bislimi apparently are childhood friends whose personal relationship predated their gang affiliations, testimony showed.

The attacks were carried out in the Nottingham Green and The Cloisters areas of western Henrico near Quioccasin Station Shopping Center, not far from the two men's homes.

Wood testified in court that investigations track the presence of the gangs in the Henrico area back four years and that the activity has gradually increased in scope and violence.

"The gang presence helps explain the senseless violence that we are seeing that on the surface seems to have no apparent cause," Feinmel said.

One victim testified yesterday that he was beaten to the ground by as many as three people and then kicked in the head. He lost temporary use of his arm and suffered a fractured cheekbone. Two other victims said they were attacked without provocation the same night, Feb. 22, in the early-morning hours.

Former gang members, who are facing charges in juvenile court, testified the attacks were designed to elevate the status of participants and to show loyalty. Search warrants discussed in court turned up various gang paraphernalia, from pictures of the defendants showing gang signs to telltale bandannas, or flags, and notebooks filled with gang lore and doctrines.

Feinmel and Wood declined to say how widespread the gangs are or what their membership numbers might be.

Richmond Bus Company Suffers Huge Jury Verdict for Driver's Recklessness

Thu, 19 Nov 2009 08:00:00 EST

A Richmond jury awarded a research librarian at the Library of Virginia $8 million in damages yesterday, the full amount sought by her lawyers after the woman was struck by a GRTC Transit System bus and severely injured.

Meikiu Lo, now 34, suffered spinal and shoulder damage and multiple hip and pelvis fractures that resulted in chronic pain after a GRTC bus making a right turn struck her as she crossed North Eighth Street beside the library two years ago.

She had waited on the sidewalk and was two-thirds of the way across the street when the bus, making a right turn off East Marshall Street, struck her, her attorney said.

Trucker Charged With Reckless Driving on I-95 Wreck North of Richmond

Thu, 19 Nov 2009 08:00:00 EST

Virginia State Police this afternoon reopened northbound Interstate 95 at Exit 84, which had been closed since 9 a.m. while workers cleared wreckage from an earlier truck wreck.

A tractor-trailer northbound on I-95 went off the right side of the road just north of the Interstate 295 interchange shortly after 5 a.m.

The driver John Carr, 50, of Connecticut apparently caused the wreck when he fell asleep, said Virginia State Police Sgt. Thomas J. Molnar. Carr, who was uninjured, has been charged with reckless driving.

Former Virginia High School Football Coach Pleads Guilty to Child Molestation Charges

Thu, 19 Nov 2009 08:00:00 EST

The former head football coach at J.R. Tucker High School in Henrico County pleaded guilty Tuesday morning to three counts of taking indecent liberties with teenaged students.

William Macgregor "Mac" Leighton, 31, entered guilty pleas in a short court hearing. He was released on bond pending sentencing Feb. 19.

He faces a maximum of five years in prison for each of the three convictions.

Leighton's victims were 15 and 17-year-old students with whom he had a custodial relationship.

Former Virginia Delgate Under federal Probe

Thu, 19 Nov 2009 08:00:00 EST

A federal grand jury has subpoenaed from the Virginia House of Delegates documents related to former Del. Phillip A. Hamilton's job at Old Dominion University.

Bruce Jamerson, the House clerk, confirmed to news reporters that he turned over Hamilton's economic interest forms, travel vouchers and documents relating to the Old Dominion University teaching center.

Hamilton, under a federal grand jury investigation and an investigation by the House Ethics Advisory Panel, resigned from the House of Delegates Sunday.

While it is unknown what charges, if any, might be forthcoming, earlier news reports have indicated Hamilton may have used his position in the Virginia House of Delegates improperly to obtain a quid pro quo from ODU. It has been reported Hamilton was seeking a position at the University while assisting ODU in obtaining state funds.

Investigators may be examining such a connection. Under federal law, even a state public officer is subject to bribery charges under the provisions of the Hobbs Act (18 U.S.C. 1951). A person convicted of a violation of the Hobbs Act faces a prison sentence of up to 20 years.

Failure to Use Turn Signal Justifies Police Stop, Discovery of Crack Cocaine

Wed, 18 Nov 2009 08:00:00 EST

A federal judge in Norfolk, Virginia rebuffed a defendant's claim that the police illegally stopped his car because he failed to signal his intent to turn left leaving the parking lot of a convenience store, then failed to signal a lane change, and another left hand turn at an intersection.

After making the second left turn, the officer stopped the defendant for not signaling his turns. Other officers arrived, and one of them learned through a computer check of the defendant's name there was an outstanding warrant for his arrest. The defendant was then placed under arrest on that charge, and searched. During the search, police found crack cocaine in his pocket.

The defendant claimed that he could only be guilty of not signaling turns under the Virginia statute if it were shown that other traffic was affected by his actions, and the police used his failure to signal as an illegal pretext to stop and question him. His attorney claimed therefore, his subsequent arrest on an outstanding warrant, and the police search of his person incident to that arrest were illegal, and that the crack coaine found in his trousers pocket should be suppressed as "fruit of the poisonous tree."

The federal judge dismissed that argument, finding that the police cars trailing him, and other cars in the vicinity, could have been affected by his failure to signal and therefore the officer could "probably" believe the law was violated before he pulled over the defendant's car.

Although the defendant was apparently first charged with drug distribution under Virginia law, the United States Attorney filed charges against him and the case was heard in federal -- rather than -- state court.

Punishment for federal drug convictions are in general more severe than those under Virginia law for the same offense. The decision was unclear why the federal charge was brought.

Exercising Your Rights Can Prevent a DUI Conviction

Wed, 18 Nov 2009 08:00:00 EST

There are a couple of reasons most lawyers state that interested them in pursuing a career in the law: one, they like to argue; and two, they want to help people. With due respect to their choice, I am omitting those who are in the profession to make a lot of money, though they do provide the grist for a good many of the lawyer jokes going around.

Me, I fall into both categories. But of the two, I favor the second, especially when it comes to criminal cases. What most people, and certainly, government prosecutors and federal and state legislators, believe, is that "setting an example" by getting convictions is necessary to stop crime, and bending the constitution is okay. I disagree with that with all my being!

In over 30 years as an FBI agent and lawyer, I have seen innocent people literally railroaded by the criminal justice system because they did not know what their rights were when confronted by the police. As a consequence, far too many have found themselves in a position where their trust in the system (the belief that if I'm innocent, nothing will happen to me) backfired!

This can take many forms: talking to the police without asking the right questions being perhaps the foremost transgression.

The Fifth Amendment to the constitution attaches to every peron in the United States when he or she is confronted by the police. It protects the individual from being compelled to give evidence against himself. And it does not mean just at trial, but at anytime he is the target of a police investigation. While the protection applies across the board, many don't understand it or reach out for its protection --- I call these folks, "blabbers." Like a 10-year old confronted by a parent, they tell the police everything, and do everything the police officer asks them to do. Even when they don't have to! Even when its in their best intersts NOT TO!

In the past week, two friends (not clients) contacted me. Each had been stopped by a police officer on suspiciion of DUI. Each recalled what I have preached to all my clients in newsletters and on the Internet: Decline, "on advice of counsel," to answer any question about whether you have had anything to drink, and decline, "on advice of counsel," to perform field sobriety tests. Both followed my advice.

One reported that after making the statements suggested, the state police officer laughed, and said something to the effect that,"If you can remember all that, I guess you are okay to drive." He was not charged.

The second was charged, but because the officer had no admission of prior drinking, and no field sobriety tests (which are, by the way, almost completely unreliable indicators of impairment), had his Florida DUI charge reduced to improper driving. He spent a night in jail, but avoided what may have been for him, a job-losing conviction for DUI.

Police Investigation Pending in Suspect's Shooting Death

Sun, 15 Nov 2009 08:00:00 EST

Virginia police responding to a report of a theft in progress shot and killed a suspect.

Fairfax County police identified the man Saturday as 52-year-old David Alan Masters of Fredericksburg. The shooting happened Friday, November 13th, 2009, at about 1 p.m. Masters was shot after failing to stop his car for police.

Three officers involved in the shooting have been placed on administrative leave pending the results of an investigation. Putting the officers on leave is a routine measure.

Internal police department guidelines for use of deadly force generally dictate that prior to shooting at a suspect, police have an objectively reasonable belief that their lives -- or those of innocent bystanders --are in immediate danger.

Clemson Study Reveals Field Sobriety Tests (FSTs) Not Reliable for DUI/DWI Purposes

Tue, 10 Nov 2009 08:00:00 EST

3 Tips if you get charged with Reckless Driving

Mon, 09 Nov 2009 08:00:00 EST

Hanover Police Make Several DUII and Marijuana Arrests at Sobrietyy Checkpoint

Sat, 31 Oct 2009 08:00:00 EST

The Richmond Times Dispatch reported October 31st that Hanover County authorities had to end a DUI checkpoint early today because four of the five deputies made arrests, leaving too few resources to continue.

The checkpoint lasted from 11:30 p.m. Friday until 2:50 a.m. on Atlee Station Road near Atlee High School.

Authorities placed DUI charges, issued 13 summonses and placed charges of drunk in public, underage possession of alcohol, contributing to the delinquency of a minor, having an open container of alcohol and possession of marijuana. About 160 vehicles passed through the checkpoint.

Customs Agents Seize Hashish Concealed in Chessboard

Wed, 28 Oct 2009 08:00:00 EST

ASSOCIATED PRESS
Published: October 28, 2009

PHILADELPHIA -- A calculated move to inspect a heavy chessboard paid off for customs officers at Philadelphia International Airport.

Federal officials seized more than two pounds of hashish and more than half an ounce of marijuana hidden inside the wooden game board.

The chessboard was heavier than expected, arousing the suspicion of Customs and Border Protection agents.

Agency spokesman Steve Sapp says the hash was shipped from Tanzania but he declined to say where it was headed. Officials estimated the drugs' street value at about $30,000.

Sapp says the drugs, which arrived on Saturday, will be destroyed. No arrests have been made.

Marines Sentenced in RIchmond Armed Robberies

Wed, 28 Oct 2009 08:00:00 EST

Published: October 28, 2009

A U.S. Marine corporal will spend eight years in prison for his role in two robberies that netted $10.

Richmond Circuit Judge Richard D. Taylor Jr. yesterday sentenced Steven Lee Reyes of California to an active sentence of eight years for two counts each of robbery and use of a firearm in a robbery.

Reyes and fellow Marine Cpl. Kraig Andrew Kiepprien of New York came to Richmond from Norfolk on Jan. 18 for a night on the town, authorities said.

About 5 the next morning, they got into Reyes' car and robbed two men in South Richmond, making off with $10 and a wallet with an ID card, authorities said.

Reyes robbed a man who was warming up his car outside his home in the 1100 block of East 16th Street, authorities said. After that, Kiepprien pulled a gun and took another man's wallet.

The Marines were found asleep in the car at a rest stop in New Kent County at 7 a.m. with the wallet and a gun in their possession, authorities said.

Kiepprien was ordered to serve six years for one count each of robbery and use of a firearm in a robbery.

Two Sentenced in March Beating Death

Wed, 28 Oct 2009 08:00:00 EST

Published: October 28, 2009

Two men were sentenced to lengthy prison terms for the fatal beating of one man and for beating another man nearly to death the same day in South Richmond.

Jose C. Bello-Garcia was ordered to serve 40 years in prison, and Jose Raul Gaitan to serve 25 years, on Monday in Richmond Circuit Court.

The two defendants beat to death Baudilio Lopez-Andres, 52, in an abandoned house along Jefferson Davis Highway on March 29, using their fists, feet and construction debris, authorities said. He died two days later.

The defendants attacked the victim while they were drinking in the abandoned house, authorities said.

After the first beating, the two defendants went with another man, who had witnessed the attack on Lopez-Andres, to get beer at the nearby Golden Food Market, authorities said.

The defendants took this man behind the store and beat him severely, leaving him disfigured and with damaged vision, authorities said.

Two Plead Guilty to Shooting Death of High School Senior

Wed, 28 Oct 2009 08:00:00 EST

Published: October 28, 2009

Two Highland Springs men face sentencing in January after pleading guilty yesterday to voluntary manslaughter in the shooting death of Wazira Harris.

Harris, an 18-year-old senior at Highland Springs High School, died of a bullet to the back April 27 after a large group of youths started fighting and shooting in the 300 block of East Beal Street a few blocks from the high school.

Harris' death followed an exchange of words and as many as eight gunshots from two weapons, according to witnesses at the scene and court testimony.

Brandon T. Garlick, now 20, and James A. Jones, now 24, pleaded guilty to voluntary manslaughter in a case complicated by a lack of proof of what weapon caused Harris' death. The bullet that killed her was not located.

Both defendants acknowledged firing a gun but said they fired blindly and were threatened themselves, according to testimony in the case.

They will be sentenced Jan. 12 and face up to 10 years in prison.

Virginia High School Student Arrested in Axe Attack

Tue, 27 Oct 2009 08:00:00 EST

By Bill Mckelway

Published: October 27, 2009, Richmond Times Dispatch

A Lee-Davis High School student faces possible life in prison if convicted of an ax attack on a fellow student.

Hanover Commonwealth's Attorney Ramon E. "Trip" Chalkley declined yesterday to identify the 15-year-old, who is charged with aggravated malicious wounding in the incident. But he said he intends to try the youth as an adult and will seek to have the case transferred to Circuit Court.

Aggravated malicious wounding carries from 20 years to life in prison, but there is wide discretion for judges to handle a juvenile charged as an adult.

The attack Friday evening at Tractor Supply Co. in the Hanover Village Shopping Center across Mechanicsville Turnpike from the high school was captured on a video camera, Chalkley said. The only camera visible in the store is directly above a display of axes, hatchets and splitting mauls.

In the video, Chalkley said the attacker appears to make one stroke with a single-bladed ax toward the victim, also 15, who was facing his assailant.

A rubberized strip used to prevent cuts from the sharp edge of the ax was removed before the attack and recovered nearby, according to authorities.

The victim has been released from the hospital and is staying with his family, authorities said. The wound to his face extends from the victim's temple to his jawbone, according to officials.

Hanover Sheriff's Capt. Mike Trice yesterday described the incident as a flare-up between two people who had exchanged words.

"We hope people will let the law take its course," he said.

Hanover County sheriff's deputies today will continue a second day of increased visibility at Lee-Davis. "It's a precaution in reaction to calls we were getting from parents," Trice said.

A court hearing for the alleged attacker was postponed yesterday because he was not represented by a lawyer, Chalkley said. Another hearing is scheduled today in Hanover Juvenile and Domestic Relations District Court.

Drunk Driver Pleads Guilty to Manslaughter In RIchmond

Sat, 24 Oct 2009 08:00:00 EST

By Mark Bowes

Published: October 24, 2009, Richmond Times Dispatch

A Colonial Heights woman has pleaded guilty to killing one man and severely injuring another after colliding head-on with their mo-ped while intoxicated and traveling in the wrong lanes of Jefferson Davis Highway.

Megan Lean Brown, 25, pleaded guilty Monday in Chesterfield County Circuit Court to involuntary manslaughter while driving intoxicated, maiming while driving intoxicated and driving under the influence of alcohol. She faces a combined maximum prison term of 16 years when she is sentenced Jan. 20.

Brown was convicted of fatally injuring Frederick Scott Wall, 46, the mo-ped driver, and critically injuring Ricky Lynn Hill, 40, the passenger. The June 13 wreck took place in the 11200 block of Jefferson Davis Highway, just south of the state Route 288 interchange.

"She was going the wrong direction," said Assistant Commonwealth's Attorney Robert J. Fierro Jr.

According to evidence, Brown was traveling south in the northbound lanes of Jefferson Davis Highway about 3 a.m. when she collided head-on with Wall's mo-ped. Wall, who lived close by, was pronounced dead at the scene.

Hill suffered significant injuries from which he is struggling to recover, Fierro said. They included fractured pelvis, head trauma, partial paralysis, and nerve and muscle damage. Rods and screws were attached to bones in both his legs, and pins were inserted into his foot.

Hill is using a wheelchair, cannot move his right arm and "essentially is not able to communicate verbally, " Fierro said.

Brown was returning to her Colonial Heights home from the Short Pump area when the wreck occurred.

Virginia Police Identify Shooting Fatality Victim

Sat, 24 Oct 2009 08:00:00 EST

By Staff Reports

Published: October 23, 2009, Richmond Times Dispatch

Prince George County police this afternoon identified the man found fatally shot early this morning in the driveway of his sister’s home.

Today’s events unfolded about 4:40 a.m. when police were alerted about a possible domestic situation inside a vehicle on Prince George Drive and Middle Road, and an officer heard multiple gunshots just north of there.

“The officer immediately responded to investigate the gunshots,” said Capt. Eric Young. “And about a tenth of a mile from where he was in the 3700 block of Prince George Drive,“ police found William Joseph Miller, 39, with apparent gunshot wounds. He was declared dead at the scene.

Police are investigating whether the earlier domestic dispute is related to the man’s killing.

“We think it’s potentially related, but we’re trying to figure out how it’s related,” Young said.

Richmond City Council Member Charged With DUI

Sat, 24 Oct 2009 08:00:00 EST

By Staff Reports

Published: October 24, 2009, Richmond Times Dispatch

Richmond Councilman E. Martin Jewell, 5th District was arrested and charged with driving under the influence of alcohol early today, Richmond police have confirmed.

An officer at the Richmond City Lock-up said that Jewell was released this morning on $500 bond.

Addendum by Stellyvirginialaw.com

Many persons arrested for crimes are innocent. If convicted of DUI in Virginia, a person is guilty of a Class ! misdemeanor. It is punishable by a fine of up to $2500.00, up to a year in jail, and suspension of driver's license for 1 year. If the person's BAC is 0.15 or higher, mandatory jail time must be imposed.

Driving School for Reckless Driving Accident - Case Dismissed

Thu, 22 Oct 2009 08:00:00 EST

A 30 year old Richmond man facing a reckless driving charge and expecting a DUI charge to follow, escaped serious punishment with the opportunity to have the reckless driving charge dismissed. Both are Class 1 misdemeanors in Virginia, punishable by license supension, jail time and hefty fines.

The man was injured after taking a prescription medication that unexpectedly caused him to be rendered unconscious shortly afterward. He awoke in a hospital emergency room with non-life threatening injuries and charged with reckless driving. The officer told him he had struck a parked car and then a tree when they arrived. He had no recollection of it. He also was told that his blood was drawn to be tested for alcohol impairment.

Because no one else was injured and the parked car damages were promptly paid, we proposed that in exchange for a guilty plea to the charge of reckless driving, that the case be dismissed if the defendant completed an special defensive driving school. The Commonwealth's Attorney concurred, and the judge approved the plea agreement.

The DUI charge was not brought, for unknown reasons.

Richmond Virginia Client Happy DUI Reduced to Reckless Driving

Thu, 22 Oct 2009 08:00:00 EST

A Richmond, Virginia man charged with DUI near Fort Lee accepted a plea agreement negotiated by Attorney Tony Stelly that resulted in amendment of the charge to Reckless Driving.

Before trial, Stelly interviewed the arresting officer concerning the stop and the probable cause for the arrest. He then explained to the officer and the Commonwealth's Attorney that two of the Field Sobriety Tests should not have been conducted because the driver was too overweight. NHTSA guidelines for the Walk and Turn and One-Leg stand tests admonish officers not to administer these tests to persons who are 50 pounds overweight, or more. The defendant was almost 60 pounds overweight.

Upon discussion with the officer, and a review of the defendant's driving record, the Commonwealth agree to reduce the charge to reckless driving with a nominal fine, provided the defendant attend VASAP.

105 mph Reckless Reckless Driving Charge Reduced to Speeding

Thu, 22 Oct 2009 08:00:00 EST

Never give up on a Virginia Reckless Driving charge without a fight! Sometimes things work out better than you would imagine.

That was the case in Southside Virginia when a young man went to court facing a Reckless Driving charge he got on I-295 near Hopewell this summer. The officer clocked him at 105 MPH on his radar gun, which was shown to be accurately operating at the time. If convicted of this criminal offense, the 18 year old recent high school graduate was looking at a criminal record, jail time, loss of license, and a sustantial fine.

Richmond criminal defense lawyer Tony Stelly represented the youngster. Prior to court he met with the officer, and working together, they were able to negotiate a reduction of the charge to speeding, 79/65. What did it cost the defendant-driver? A very hefty fine.

However, the defendant was most satisfied because he avoided having a criminal record --Reckless Driving is a Class 1 misdemeanor that goes on one's "rap sheet." The defendant also was able to retain his unrestricted driving privileges, and avoided having to serve any time in jail.

I-95 Accident Hinders Rush Hour

Tue, 13 Oct 2009 08:00:00 EST

Some Richmond workers got off to a bad start today when those traveling northbound I-95 were caught in a long delay due to yet another traffic accident this morning. No details were released as to the cause of the accident or whether there were any serious injuries. Of course, rubber-necking slowed traffic going southbound as well.

Remember folks, most traffic accidents are avoidable! Reduce your chances of beicoming another I-95 traffic accident statistic by keeping a proper lookout for the cars ahead, beside and behind you, don't follow too close to the car ahead of you, and stay alert.

Richmond Rush Hour Traffic Snarled Again by I-64 Fender Bender

Tue, 13 Oct 2009 08:00:00 EST

Carelessness reared its ugly head again this morning on I-64 westbound near the I-95 interchange in Richmond. It appeared three cars may have been involved, but there was no information available on the cause of the crash.

Avoid getting your day off to such a bad start by exercising more attentiveness when driving to work. Keep a safe distance between you and the car ahead of you; keep a watchful eye on the cars beside you and to your rear so you can react quickly and safely if necessary; and most importantly, don't let yourself become distracted.

When Drug Dealers Call the Cops

Wed, 30 Sep 2009 08:00:00 EST

As a criminal defense lawyer in Richmond, Virginia, I have been involved in hundreds of prosecutions in state and federal courts. All of them have been unique in some way, but one was a real doosie.

In a recent case I tried in Henrico County (Virginia) Circuit Court, a jury found my client not guilty of seven felony charges, including two counts of using a firearm in the commission of a felony, two counts of firing into an occupied vehicle, and two counts of attempted malicious wounding. While I would like to take all the credit for the outcome, upon reflection, I have determined the most likely reason is that people -- and specifically the people on this jury -- are just fed up with drug dealers, and are frustrated at the inability of law enforcement at all levels to win a "war on drugs" that has been on-going since Richard Nixon was elected president in 1968. You see, my client's actions that prompted the charges against him was taking the law -- and a gun -- into his own hands to stop a pair of drug dealers from selling his (tragically addicted) boss heroin. As the case unfolded, a couple of things became clear to me.

One, some drug dealers do not fear the police, or even long periods of incarceration (one of the drug dealers in the case had served prison terms of 8 and 2 years on previous convictions, and was on probation for the last one; the other was on probation for a distribution conviction just 6 months earlier for which he had received a 5 year suspended sentence). Like most law-breakers, they correctly assume that law enforcement officers are not going to shoot at them unless they attempt to shoot first. Moreover, they view themselves as businessmen who see jail as a potential -- though not certain -- risk that is worthwhile given the profit margin in drug sales.

Two, drug dealers do not like to be on the business end of a loaded gun wielded by anyone, but especially someone willing to risk his own life in a high-speed chase to stop them. My client would not have been charged except for the fact that these idiot dealers called the police themselves because they felt they should not have been exposed to such violence in carrying out their "business." Despite their confessions to the police that they were in the process of making a drug sale that my guy stopped, they were not charged with any crime (except for the driver, who was cited for driving while his license was suspended for his recent drug conviction) related to their attempt to sell a Schedule I controlled substance. On cross-examination, the chief investigator could only say there was "insufficient evidence" to bring any charges against them -- even though it was clear there was sufficient evidence to convict for an attempted drug sale.

At trial, the Deputy Commonwealth's Attorney had the distasteful task of letting the bad guys go free, to prosecute the "white hat." Perhaps the reasoning behind that decision was to set an example that private citizens must let the police handle drug cases and not take matters into their own hands. Law enforcement is better suited to solve crimes than "Joe Public," but in this case, twelve people disagreed.

Malicious Woundings on Rise in Henrico?

Fri, 18 Sep 2009 08:00:00 EST

This week a student at Virginia Randolph High School in Henrico County, which abuts Richmond, was arrested on charges of shooting at other students in the school's parking lot. Thankfully, no one was injured. Although the accused is a juvenile, his use of a gun has prompted prosecutors to seek to have him tried as an adult, and if they are successful, he will face a harsher punishment if convicted.

Malicious wounding cases appear to be on the rise in this part of Virginia. Recently, the son of Henrico Commonwealth's Attorney Wade Kizer had malicious wounding charges against him dismissed after prosecutors agreed the injury he inflicted on another young man was the result of their "mutual combat."

In August, I successfully defended a 23 year old facing 80 years in prison on two counts of attempted malicious wounding and four other related charges. I was able to convince the Henrico County jury that my client was not shooting at the two drug dealers who filed the complaint, but rather at their car engine in an attempt to disable it so he could prevent his heroin-addict employer from buying drugs from them.

Malicious wounding, and attempted malicious wounding, are serious charges that carry severe penalties. If a firearm is used or displayed, a separate charge will be often added, one that carries a potential mandatory minimum prison sentence of 3 years. People facing such charge should find the most competent attorney to represent them.

Judge Gives Teen a Big Break

Thu, 10 Sep 2009 08:00:00 EST

Our client was a 17-year old high school football player who was charged with speeding 20 mph over the speed limit while returning a friend's car to his father's apartment after rescuing another friend who had had too much to drink at a teen beer bang. When the client noticed an approaching police car do a u-turn and begin to follow him, he panicked because he did not have his driver's license and sped up, hitting speeds on a deserted roadway that the officer testified nearly reached 100 mph.

The client safely stopped the car after putting some distance between himself and the police pursuit, and fled the scene on foot. However, after telling his step-father what happened the next morning he decided to turn himself into police.

Though the judge was very upset and shocked at what had transpired, he was persuaded that the incident was "out of character" for the boy, and gave him a second chance. The client will have to do over a 100 hours of community service and attend driving school within the next 12 months, and if he successfully completes that, the charge will be reduced.

Lagarrette Blount: New Symbol of Bad Sportsmanship?

Fri, 04 Sep 2009 08:00:00 EST

In the first big college football game of the 2009 season, PAC-10 powerhouse Oregon played BCS wannabe Boise State before a national television audience on that irritating-to-the-eyes blue turf field in Boise. While the big story should have been BSU's trouncing of a contender for the PAC-10 title (for the second straight year, no less), the post-game incident between Oregon running back Lagarrette Blount and BSU linebacker Byron Hout was "the headline." If you have just emerged from a coma or a hangover and don't know what happened, listen to this:

As the teams mingled at the center of the field after the game, Hout slapped Blount on the shoulder pads and said something to him, smirking as he did. While it is not known what words were spoken by Hout, the video depicts a BSU assistant coach (who evidently heard the comment) trying to grab Hout and pull him away. However, before he could get Hout out of range, Blount caught Hout on the chin/cheek with a right cross, knocking Hout to his knees. The bedlam that erupted thereafter is unimportant for this blog. What is important to me is the lack of sportsmanship displayed by BOTH Hout and Blount, and how their respective coaches reacted.

Oregon suspended Blount for the rest of the season. Shocking -- at least to me --- is that Hout's coach said he would not take any action against his player, whose bad sportmanship was the catalyst for the punch. Although a BSU assistant heard what he said to Blount and immediately knew it was likely to provoke an undesireable response, BSU will keep him on the field.

It may have been a better message sent to middle schoolers and high schoolers to kick Blount off the team, and suspend Hout for the season.

Football is a game played with passion and emotion. As a player myself, and in watching practices and games my son participated in at Virginia Tech, I know that one of the keys to a successful performance on the field is to "let it all out" -- that is, psyche yourself into a very high emotional state to compete at your highest level. All football players do this, especially at the college level and up.

However, one has to be able to turn off those emotions quickly. Once the play on the field is over, there must be a cooling off. "Good sportsmanship" means not only accepting defeat gracefully, but not gloating or "trash talking" a defeated opponent. Suspending Hout will get this message across.

Would You Use a Gun to Prevent Crimes

Fri, 04 Sep 2009 08:00:00 EST

In August, I successfully defended a young man charged with seven felonies in Henrico County, Virginia. His crime: firing a shot at a drug dealer's engine compartment to prevent him from completing a sale to his friend, a heroin addict who happened to be in the car that was speeding away from the friend's house in a pre-arranged effort to satisfy a drug habit.

My client was charged with two counts of firing into an occupied vehicle with the intent to injure the persons inside; two counts of attempted malicious wounding; one count of leaving the scene of an accident; and two counts of using a firearm in the commission of a felony.

Although no one was injured and the friend rescued from his drug suppliers before the sale could be completed, the case demonstrated three things:

One, Virginia does not want private citizens to intervene in preventing crime, even when it is impossible to get officer assistance in to the scene in time.

Two, drug dealers call for police assistance themselves when they feel threatened.

Three, when presented with a truthful rendition of the facts, and a justifiable argument to support innocense, jurors will acquit a person of a crime despite the arguments of the state to the contrary.

Reckless Driving Reduced to Speeding

Thu, 27 Aug 2009 08:00:00 EST

Developing a good rapport with opposing counsel sometimes pays dividends. Recently, an 18 year old charged with reckless driving in King William County, Virginia, reaped the benefit of an understanding Commonwealth Attorney. Recognizing the seriousness of the charge and the effect it would have on the young man, the CA graciously agreed to a reduction of the charge to speeding. This allowed the young man to avoid having a class 1 misdemeanor on his record.

Virginia Breath Testing Device Under Fire in Arizona for Unreliability

Sat, 15 Aug 2009 08:00:00 EST

From the January 12, 2009, edition of the Tucson Citizen, by A.J. Flick

Judge Deborah Bernini said in a ruling issued Monday that CMI Inc. of Owensboro, Ky., isn't authorized to do business in Arizona. Therefore, her orders in a local case don't extend beyond the state's borders.

Defense attorney James Nesci, who is arguing issues over CMI's Intoxilyzer 8000 for defendants in 23 unrelated DUI cases, said Monday he wasn't surprised by Bernini's statement. Nesci said Bernini can still order prosecutors to get the source code from CMI. That issue is before the Arizona Court of Appeals, Nesci said.

Phoenix attorney Michael Parrish argued before Bernini last week that the Uniform Act maintains that an order for CMI to give up the source code must come from a Kentucky court. Bernini agreed.

"Because an Arizona court cannot compel production of documents or things not maintained within this state, the only lawful method that may be utilized to compel CMI to produce the source code in Arizona is compliance with the Uniform Act," she said in her ruling.

So far, other attorneys who have tried this method have failed to get the Owensboro court, which is named in honor of a relative of CMI's own attorney, to order CMI to divulge its source code, Nesci said.

Bernini acknowledged CMI's "refusal to voluntarily produce the source code may jeopardize the prosecution of the consolidated cases." "CMI's claim that the attorneys' unwillingness to sign a confidentiality agreement is the sole cause for any delay is, at best, a prevarication arguably being aired for consumption by the public and the press," she wrote.

"The agreement that CMI has insisted be signed has been rejected by more than one court in Arizona, and by courts in Louisiana, Massachusetts, Florida, New Jersey and Minnesota as a violation of an accused's due process rights," Bernini wrote. "The court is further aware that the state has since attempted to obtain the source code pursuant to the Uniform Act, and CMI has successfully convinced the Kentucky court to protect it from any production," she wrote. However, those issues are not being decided this date. The sole issue before the court is whether it had the authority to compel CMI to produce the source code."

Defense attorneys had asked Bernini to find CMI in contempt of court because it failed to deliver the source code. Because the court had no jurisdiction to issue the order for the source code, Bernini wrote, the contempt sanction "is no longer appropriate."

In September, Bernini granted a defense request for the source code, citing an Arizona Supreme Court ruling: "All materials relied on by prosecution experts must be available to defense experts, and vice versa."

Defense attorneys say they've found problems traced to CMI Intoxilyzer 8000's software that can skew results of blood-alcohol content readings. * * *

In making her ruling, Bernini noted that state's witnesses agreed "there are defects in the machine and 'bugs' in the software that are attributable to the source code." While the state's experts say the defects are "benign," defense attorneys aren't willing to "accept the state's assurances," Bernini wrote.

She cited evidence that showed the Intoxilyzer 8000 sometimes showed tests "out of tolerance when they were actually within tolerance, measurements of 0.000 when alcohol was admittedly consumed (the machine is programmed so that it cannot measure alcohol concentrations less than .02 percent), a reading of .83 on a machine that is not programmed to measure past .60."

Several judges in Tucson City and Pima County Consolidated Justice courts have asked for the source code and thrown out breath-test evidence in dozens of cases, resulting in some dismissals.

Virginia Auto Accident Victims Rights When Driver at Fault Has No Liabilty Insurance

Fri, 24 Jul 2009 08:00:00 EST

Virginia drivers injured in auto accidents should look to their own insurance policies when the driver at fault has no liability insurance coverage, or too little insurance coverage, to pay damages.

Virginia Uninsured (UM) and Underinsured Motorist (UIM) Auto Insurance Coverages

Fri, 24 Jul 2009 08:00:00 EST

Richmond, Virginia auto accident attorney Tony Stelly explains how Virignia motorists can protect themselves against catastrophic costs if they are injured in an accident and the party at fault has little or no liability insurance to fully compensate them.

Reckless Driving and DUI Are Crimes in Virginia

Thu, 23 Jul 2009 08:00:00 EST

Reckless Driving and Driving Under the Influence (DUI) in Virginia are Class 1 misdemeanors. In Virignia, a Class 1 misdemeanor is punishable by a term in jail of up to 12 months, and a fine of up to $2500.00, either or both.

In addition to going on one's driving records, a conviction for DUI or Reckless Driving in Virginia will also go on one's criminal record, or "rap sheet."

Therefore, it is a good idea to confer with an attorney soon after you have been charged with either one of these offenses. An attorney can evaluate your case, with a mind to exploring what defenses you may have to the charges, and how he or she may be able to have the charge reduced to a lesser offense.

Some attorneys offer consultations for free, others charge a nominal fee. But don't be swayed by the cost, because a skilled, aggressive, courtroom battler is what you probably want, not a novice who may go to sleep at the wheel and overlook a chance to get you the best result possible.

Two Die, Others Injured in I-95 Accident in Richmond

Wed, 22 Jul 2009 08:00:00 EST

Virginia State Police reported two deaths occurred on I-95 in Richmond on July 22 in a two-car crash. According to State Police reports, a car carrying four people pulled into the left hand lane when a tire failed, and the driver and passengers exited the car. Two people who stood to the rear of the car while awaiting aid were struck and killed by another car which then collided with the disabled car. The driver of the second car and others were seriously injured.

Virginia Traffic Death Toll Raised by Richmond Traffic Fatality

Sun, 19 Jul 2009 08:00:00 EST

A 25-year-old man was killed in a two-vehicle crash early yesterday morning in South Richmond.

It happened shortly after 5 a.m. when a westbound car traveling fast on Hull Street Road near Belt Boulevard collided with an eastbound flatbed wrecker as it was making a left turn, said Richmond police Capt. Scott Booth.

Richmond resident Dennis Smith, a front-seat passenger in the car, was pronounced dead at the scene.

The driver of the car and its two other passengers were taken to VCU Medical Center. Their condition was unavailable. The driver of the wrecker apparently was not hurt.

No charges had been filed in the wreck.

Smith's death brings to 379 the number of highway fatalities in Virginia this year, compared with 437 at this time last year.

Tractor Trailer Rams Van on Richmond's I-95

Sun, 19 Jul 2009 08:00:00 EST

Over the July 18 weekend, a tractor trailer ran into the rear of a van causing a serious accident which had traffic backed up on I-95 in Richmond. Police said the trucker was charged with following too close. It is not known whther other charges may be filed.

Insurance Valuation of Marital Property Results in Virginia Equitable Distribution Award Being Upheld

Mon, 13 Jul 2009 08:00:00 EST

The Husband appealed the trial court's valuation of tools used in his business, claiming that their value was far less than the court assessed. The Virginia Court of Appeals denied his argumnet and found the trial court had properly considered all of the evidence as to their value.

Husband’s tools came from a now-defunct car care center he owned and operated during the marriage. When applying for a bank loan, he valued the tools at $80,000. He insured the tools for $40,000 and renewed the policy with that amount of coverage. For equitable distribution purposes, he argued the tools were worth between $10,000 and $12,000. Throughout the evidentiary portion of the hearing, Husband renewed his insurance coverage for the tools for $40,000. The evidence was sufficient to value the tools at $40,000 based on the insurance value Husband claimed when applying for coverage.

Richmond Criminal Defense Attorney Gets Arson Charges Dropped

Sat, 11 Jul 2009 08:00:00 EST

Church-fire charge likely to be dropped
"He didn't do it."

BY MARK HOLMBERG

TIMES-DISPATCH STAFF WRITER

Sunday, January 18, 2004

The man charged with Tuesday's suspicious fire at Poplar Springs Baptist Church apparently didn't do it, a Henrico County fire official said yesterday.

Charles R. Garten III, 24, of the 3500 block of Darbytown Court in eastern Henrico, has been released from jail and the arson charge against him is expected to be dropped when court convenes Tuesday, according to Lt. Doug Reynolds of the Henrico Division of Fire.

Meanwhile, a woman who provided fire investigators with information about the case has been arrested and charged with making a false report to a law-enforcement officer.

It is not the first time Jennifer Nicole Leidy, 20, has faced such a charge. Court records show Leidy provided a false report to police last year on Feb. 26. She was convicted of that misdemeanor charge on June 19, was fined $100 and received a 12-month suspended sentence.

Garten's release is "great news," said his attorney, Anton Stelly. "But not unexpected."

Stelly said he had conducted his own investigation, and all of Garten's time was accounted for.

"I still don't understand why he was charged, if all they had was a third-party report of someone seeing him" in the area of the church, Stelly said. "It's a complete lack of probable cause. It didn't make any sense."

The fire at the church on Charles City Road was reported by a passing motorist about 5 a.m. Tuesday. Garten was arrested later that day and was charged Wednesday. He was being held in the Henrico County Jail pending a bond hearing.

Federal investigators have been assisting Henrico's arson experts in trying to determine if the fire that destroyed Poplar Springs is related to four other suspicious church fires in Henrico and Hanover counties since last summer.

Woman's Death on I-95 Raises Virginia Traffic Death Toll

Fri, 10 Jul 2009 08:00:00 EST

A total of 352 people have died on Virginia roads so far this year, compared with 413 at the same time last year. On June 1, 2009, the latest multi-car fatality was recorded near Richmond on I-95 in Prince George County.

Reportedly, the 82 year old woman killed in the accident was trying to avoid being caught up in a traffic jam resulting from an earlier accident on I-95 while attempting to move into a cross-over (which is reserved for police and emergency vehilces) and was struck broadside by another car.

How Virginia Drug Arrests May Be Challenged

Fri, 10 Jul 2009 08:00:00 EST

http://www.youtube.com/watch?v=Fgzj1oICymA

Richmond, Virginia federal and state criminal defense attorney Tony Stelly, explains how it is possible to successfully challenge an arrest for drug possession, including marijauna.

Experienced defense attorneys know that the first step in a client's defense of a criminal charge will be to ascertain the validity of arrest, as well as the validity of the search of the client, or his car or truck or home. Many convictions are avoided where the defense lawyer has "done his homework" before trial and has successfully challenged because there was no probable cause to justify the law enforcement officer's actions.

In particular, where an arrest or search is based on information obtained from a police informant, there are circumstances where the arrest or warrant is subject to attack because insufficent information was available to establish the probable cause that is ALWAYS required before the arrest is made or the search warrant issued.

Concrete Truck Overturns on I-95 in Richmond

Wed, 08 Jul 2009 08:00:00 EST

Around 3:00 a.m. on July 8, 2009, Virginia State Police received a report that a concrete truck had overturned on southbound I-95 in Richmond. When Troopers responded they found the driver injured and suspected he was impaired by alocohol, and was charged with DUI.

Traffic has been diverted but authorities expect the road to be cleared before the rush hour.

Afternoon Nap Causes I-95 Crash

Fri, 03 Jul 2009 08:00:00 EST

As this personal injury lawyer has repeatedly preached, driver inattention is the most frequent cause of traffic accidents on Virginia highways, including those in and around Richmond. Here's another example that, thankfully, did not result in any deaths.

Virginia State Police say five vehicles, including one being towed, were involved in an accident on I-95 south of Richmond the afternoon of July 2nd that began when an auto driven by a Smithfield resident rear-ended a flatbed tow truck hauling a car. The driver told officials he fell asleep at the wheel, said State Police spokeswoman Deborah Cox.

The driver was charged with reckless driving, and three people were taken to the hospital for treatment of non life-threatening injuries, Cox said.

Virginia Custodial Parent Must Pay Unreimbursed Medical Costs for Children

Wed, 01 Jul 2009 08:00:00 EST

The Virginia Court of Appeals ordered the custodial parent to repay her portion of non-covered medical costs for the parties' children in the total amount of $1,753.00. Husband had requested that his former wife pay him the unreimbursed costs of medical care for the children at a reduced amount, and when she refused, he successfully pursued a claim through the court for the full amount due him under the Final Decree.

Parent's Move Triggers Change in Visitation Schedule

Tue, 30 Jun 2009 08:00:00 EST

The Virginia Court of Appeals ruled that a father whose job location had changed was entitled to greater periods of visitation with his children over the summers and during school holidays. Reasoning that the increased travel time adversely impacted on the children's visitation with him, as well as being disruptive to their school and extra-curricular activities, the Court approved the father's request to lessen his regular visitation and expand his visitation with the children during non-school term periods such as the summer vacation and holiday term breaks.

Virginia Custodial Parent Need Not Send Former Spouse School Records

Tue, 30 Jun 2009 08:00:00 EST

The Virginia Court of Appeals denied a non-custodial parent's request to order the custodial parent to provide him copies of their children's school grades and other educational records. The Court reasoned that both the Final Decree of divorce and Virginia law afforded him the right to obtain such information upon request made by him to the children's school, and it was therefore unnecessary to require the custodial parent to do this for him.

I-95 Accident Near Richmond Claims 12 Year Old

Tue, 30 Jun 2009 08:00:00 EST

From the Richmond Times-Dispatch

By Michael Martz

Published: June 29, 2009

A 12-year-old Maryland girl was killed this morning and her mother was critically injured in a single-vehicle wreck that closed the northbound lanes of Interstate 95 for hours south of Petersburg.

Shiane Dixon of Boyds, Md., died at the scene after she was thrown from the vehicle and was struck by a tractor-trailer, State Police said.

The girl was riding without a seat belt in the cargo area of a 2000 Lincoln Navigator that ran off the right side of the southbound interstate road about 4:39 a.m., State Police said. Shel was thrown into the northbound lane of the interstate after the driver overcorrected, struck the left guardrail, and overturned. She was struck by a truck that was traveling northbound.

The driver of the vehicle, Diane P. Nixon, of Boyds, Md., suffered life-threatening injuries and was flown by a State Police Med-Flight helicopter to VCU Medical Center. She was wearing a seat belt.

Nixon’s 16-year-old son, Hassan, was partially ejected from the vehicle and taken to VCU Medical Center by ambulance with injuries that were not considered to be life-threatening. He was wearing a seat belt.

Two other passengers, Jordan Lusane, 18, and Taylor Scott, 12, were taken by ambulance to Southside Regional Medical Center in Petersburg for treatment of non-life threatening injuries. Lusane also is a member of the Dixon family, and Scott is a family friend. Both were wearing seat belts.

The driver of the tractor-trailer was not injured.

The wreck closed the northbound lanes and one southbound lane of I-95 at Exit 45, where the highway crosses U.S. Route 301.

Virginia Highways Will Be Packed Fourth of July

Tue, 30 Jun 2009 08:00:00 EST

The Fourth of July Weekend always results in increased traffic on Virginia highways, especially on I-95, I-295, and I-64 in and around Richmond. Virginia State Police and local law officers will be out in force to nab speeders, reckless drivers and impaired drivers. Exercise caution when traveling this weekend for your sake, your family's sake, and for the sake of others.

Virginia DUI Checkpoint Acquital Reversed

Tue, 30 Jun 2009 08:00:00 EST

The Virginia Court of Appeals held that a sobriety checkpoint was properly administered and reversed the trial court's order suppressing evidence necessary to convict a driver of DUI. The Commonwealth appealed the trial court's ruling that the checkpoint was faulty because the patrol supervisor had too much discretion in organizing and operating it.

Alleged DUI Crash in Tidewater Area Involved State Trooper

Tue, 23 Jun 2009 08:00:00 EST

An allegedly intoxicated driver traveling the wrong way on I-264 in Virginia injured two people after crashing into their car. He then hit a state trooper who was trying to block his travel.

About 1 a.m., state police received several calls about a driver heading west in the eastbound lanes of I-264 near Laskin Road, said Sgt. Michelle Cotten, a state police spokeswoman.

The driver crashed the 1992 Lexus he was driving into a sedan carrying two people, who suffered minor injuries and were taken to a hospital, according to a news release

He then hit the patrol vehicle of Virginia State Trooper L.C. White, who had angled his car along the interstate’s left lane and shoulder in an attempt to stop the Lexus. The driver hit the trooper head-on, and he suffered minor injuries, according to the release.

The driver then traveled another 100 yards before his vehicle came to a stop, according to the release.

White arrested 44-year-old Cleveland N. Robertson of Hampton and charged him with driving under the influence, two counts of felony hit and run and driving the wrong way, according to the release

Virginia Drivers "Texting" Subject to Fines Come July 1, 2009

Fri, 12 Jun 2009 08:00:00 EST

On July 1, 2009, it will be illegal to text using a cellular device when operating a motor vehicle on Virginia highways. Code section 46.2-1078.1 goes into effect then, and anyone convicted faces a $20.00 fine and court costs; a second offense enhances the fine to $50.00. Virginia joins 11 other states and the District of Columbia which have enacted laws banning "texting" in the driver's seat.

Hopefully, enactment of the "no texting" law will reduce the number of traffic accidents and fatalities on I-95, I-64 and I-295, in and around Richmond. Driver inattention is the leading factor in most crashes and near-crashes, according to a 2006 study by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI). Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds of the event.

In a Fox News article by Joshua Rhett Miller, published May 11, 2009, transportation officials expressed concern that texting remains a "serious issue" on the nation's roadways, and transportation systems. Recently, a Boston area trolley operator failed to see a red light while reportedly sending his girlfriend a text message and smashed into the back of another trolley, injuring 50 people.

"For every two seconds a driver's eyes are off the road, a motorist is twice as likely to be involved in a crash, said Troy Green, national spokesman for AAA. "Texting while driving ... requires your full attention and leaves no room for distraction," Green said. "You'd have to be foolish at best and delusional at worst to think you can send and receive text messages while operating a motor vehicle effectively and safely....We believe that's something that should be banned."

Texting and cell phone use have been blamed for numerous deadly crashes in the past few years, including:

Nov. 20, 2008

Aug. 6, 2008

Jan. 3, 2008: Stephanie Phillips, 37, and Heather Hurd, 26, were killed when a trucker reportedly distracted by text-messaging on his cell phone crashed into their car along U.S. 27 in Florida.

Aug. 13, 2007:

June 28, 2007

April 26, 2007

March 18, 2007: Sela Anne Kalama, 19, was charged with two counts of involuntary manslaughter after she reportedly drove off the end of a road and into the Elwha River in Washington. Vanna Francis, 17, and Ronnie Scroggins, 15, were killed in the crash. Kalama and four others swam to shore and suffered only minor injuries.

Dec. 20, 2006

June 18, 2006

May 29, 2006

: Jessalyn Sanders, 6, was struck and killed by a truck as she crossed a street near her home in Tulsa, Okla. The driver of the truck, Justin Pearsall, reportedly told police he had reached down to answer his cell phone and did not see the girl.: Karyn "Nikki" Cordell, 22, and her unborn child die in a crash in Deerfield Township, Ohio. Cordell's 1998 Chevrolet Cavalier was slammed head-on by a 2004 Ford Explorer driven by 16-year-old Alexander Manocchio, who was allegedly reaching for a ringing cell phone at the time of the wreck.: Brittanie Montgomery, a 19-year-old dancer for the NBA's New Orleans Hornets, died in a crash in Oklahoma City while reportedly using her cell phone as she drove to practice.: Eight people were killed when a semi trailer driven by Leonardo Cooksey, 32, slammed into stopped traffic on the Indiana Toll Road. Cooksey, of Mount Prospect, Ill., told state police that he was distracted when his cell phone beeped, indicating the battery was low.: Text messages were sent and received on the cell phone of Bailey Goodman, 17, moments before her sport-utility vehicle slammed head-on into a truck, killing her and four other recent high school graduates in upstate New York. Ashley D. Miller, 18, of Glendale, Ariz., and Stacey Stubbs, 40, of Chino Valley, Ariz., die in a crash after Miller reportedly drifted across the center line because she was text-messaging on her cell phone.: Janet Indermuehle, 48, was reportedly speeding and using her cell phone while driving as she lost control of her car and crashed near Mount Horeb, Wis. Indermuehle, her 15-year-old son Daniel, and a 14-year-old passenger, Tiffany Kastner, were killed in the wreck.: Stephanie Phelps, 16, and her 4-month-old daughter, Katherine Pulsifer, were killed when the young mother, who was talking her cell phone, ran a red light and crashed into cement truck in Amarillo, Texas.

Illegal Alien Sentenced by Virginia Judge in DUI Death of Grandmother

Sat, 06 Jun 2009 08:00:00 EST

An illegal alien from Guatemala will serve a 3 and one-half year prison sentence for killing a woman outside a Chesterfield County, Virginia convenience store while driving drunk last year. The man was senteneced to 21 years in the death, but the judge suspended 17 and one-half years.

The 53 year old victim had stopped at the convenience store late in the evening to pick up some items before going to babysit her daughter's children, and was crushed between the side of the building and the defendant's minivan when the vehicle jumped the curb. A State medical expert estimated the defendant's blood alcohol level at two to three times the legal limit at the time of the accident.

Domestic Disturbance Call Leads to Arrest in Richmond Murder

Sat, 06 Jun 2009 08:00:00 EST

On June 4, a suspect in a 2007 Northside Richmond murder was arrested by police responding to a domestic distubance call at an apartment, and evidence found in the residence linking the man to the unsolved murder led to his arrest in that crime. The murder victim, a 74 year old man, was shot to death on his front porch in August 2007. Authorities said the accused had long been a suspect in the shooting, but there was insufficient evidence to arrest him until the search of the apartment following his arrest on the disturbance call; however, they would not reveal to the public what that new evidence was.

Henrico Police Involved in I-95 Crash During Richmond Rush Hour

Fri, 05 Jun 2009 08:00:00 EST

An early morning crash on I-95 had northbound traffic backed up between the exits 75 and 78. It is not known whether there were injuries or fatalities, but one vehicle, an Henrico County police cruiser, appeared to have sustained significant damage, and came to rest facing the Jersey wall. The left lane was closed for about 1.5 miles.

When Applying For Auto Insurance Be Completely Honest or Risk Having No Coverage When You Need It

Sat, 30 May 2009 08:00:00 EST

Auto insurance policies are contracts formed between a company that is willing to risk that the policyholder (and other policy holders) will pay out more in premiums than the company will have to make in payouts because of accidents the insured may be responsible for during the term of the policy. One of the more important aspects the company considers before issuing a policy and establishing the cost of the premium is the previous driving record of the insured, and others who may be operating vehicles insured under the policy. Most policy applications ask the applicant to state who, besides himself or herself, resides in the household and may be operating the vehicle(s) to be insured, so that their driving records may be checked.

But what happens when the applicant / insured of the policy has neglected to accurately list the people who reside in his household, and one of those persons has caused an accident? Must the company pay the under the terms of the policy?

A recent decision in the Virginia Supreme Court said no. In the case of Portillo v. Nationwide Mutual Fire Ins. Co., the Court said the applicant’s failure to list a 21 year old nephew who resided with him as a household resident in the application was a material misstatement of fact that voided the policy. Therefore, when the nephew caused an accident, Nationwide did not have to pay the claim or defend the case.

Petersburg Man Charged in Sexual Assaualt on 13 Year Old

Thu, 28 May 2009 08:00:00 EST

From the Richmond Times Dispatch, Published: May 28, 2009

A Petersburg man is accused of sexually assaulting a 13-year-old girl. Authorities identified the suspect as Jonathana Moody, 25. He was arrested Sunday and charged with aggravated sexual battery, according to Petersburg police spokeswoman Esther Hyatt.

Authorities received a 911 call about 11 p.m. Saturday reporting a 13-year-old girl who was unconscious and intoxicated at a home, Hyatt said.

The girl had been at a basketball court at Robert E. Lee Elementary School and at some point was given alcohol and was sexually assaulted, Hyatt said. Authorities were still trying to determine exactly where the alleged assault took place.

Virginia Memorial Day Fatalities Down This Year

Wed, 27 May 2009 08:00:00 EST

Good News! Virginia State Police reported that traffic fatalities this Memorial Day Weekend were less than last year's. And, state-wide, traffic fatalities are less this year than at this time last year, overall.

The report offered no explanation -- or speculation -- on the decline, but those in and around Richmond should have noted that there was less traffic on I-95, I-295 and I-64 over the weekend than in years past. Perhaps the downturn in the economy and higher gas prices kept people at home instead of on the road going to visit family and friends. Less people on the road usually means fewer accidents.

Accomplice In Powhatan Shooting Found Guilty

Wed, 27 May 2009 08:00:00 EST

Published: May 26, 2009, Richmond Times Dispatch

Stephanie Reynolds is free today after pleading guilty to three misdemeanor charges in the fatal shooting of Powhatan High School student Tahliek Taliaferro last June.

Powhatan Circuit Judge Thomas V. Warren accepted Reynolds' guilty pleas, reducing a felony charge of involuntary manslaughter to a misdemeanor conviction as an accessory after the fact in Taliaferro's death, as well as assault and battery in the wounding of Courtney Jones, a passenger in the car when Taliaferro was shot on June 24. She also pleaded guilty as an accessory after the fact on a charge stemming from the illegal possession of a weapon by Joey Parrish, who has been convicted of involuntary manslaughter in Taliaferro's death.

Reynolds told the court she did not want to comment, except to say she was very sorry for what happened and for her involvement, and that she hopes to continue her education.

Warren sentenced Reynolds to 36 months in jail and counted the 10 months she had spent incarcerated as time served in the sentence. He warned her that she remains on probation for five years and could have to serve the remaining 26 months if she violates the law.

However, the judge and prosecutor, Commonwealth's Attorney Robert B. Beasley Jr., praised Reynolds for her cooperation in the investigation that led to the convictions of cousins Ethan and Joey Parrish in the death of Taliaferro. Both men face up to 10 years in prison for involuntary manslaughter and 12 months in jail for assault and battery.

Beasley said today that without her involvement in the investigation "we wouldn't have had a case." However, Taliaferro's mother, Kaa Caputo, was among about 20 people protesting the plea agreement and sentence outside the Powhatan courthouse today. Caputo called the sentence an injustice. She cited the case of Tyler Binsted, a Virginia Commonwealth University student who was shot to death in Richmond last year. The driver of the getaway car in that case, LaPrecious Austin, was sentenced to 18 years in prison for her role in the robbery that led to Binsted's death.

Caputo said Reynolds had fled the scene of the shooting and did not surrender to police for three days. Reynolds could have walked away at any time in the incident but did not, Taliaferro's mother said. Originally, Reynolds had been charged with first-degree murder, but the charge was reduced in March after she testified for the prosecution in the Parrishes' trial. She was released then on bond pending today's appearance. The Parrishes had been charged with murder but were convicted of involuntary manslaughter and assault and battery. They are scheduled for sentencing June 4.

Three High School Girls Facing Alcohol Possession Charges

Mon, 25 May 2009 08:00:00 EST

From the Richmond Times Dispatch

Published: May 25, 2009

Three members of the Deep Run High School girls soccer team arrived for practice a week ago showing evidence of alcohol use and were arrested, according to court records. Police said alcohol-related charges are pending against Katherine C. Mack, 18, of the 3100 block of Old Brookwood Way; Elizabeth C. Olberding, 18, of the 3400 block of Gayton Meadows Terrace; and an unnamed juvenile. All three were arrested May 18 shortly after noon.

Mack faces a June 15 court date in Henrico County General District Court on a charge of driving an automobile after illegal consumption of alcohol.The other two students, who were passengers in Mack's car, face hearings in juvenile court on underage possession. All three are seniors. School system spokesman Mychael Dickerson declined to comment on the specific status of the students, citing privacy reasons, but said alcohol possession or consumption on school property is forbidden, according to school policy.

A first offense can result in a minimum mandatory 10-day suspension and a 30-day exclusion from extracurricular activities, according to Henrico school policy.

Deep Run's girls soccer team lost the Colonial District championship to Mills Godwin High School on Thursday night in a game settled by penalty kicks. None of the three arrested girls played.

Justice Department Seeks to Deport Illegals Who Commit Crimes in Virginia

Sun, 24 May 2009 08:00:00 EST

By Mark Bowes, Richmond Times Dispatch

Published: May 24, 2009

Stubborn determination and repeated illegal border crossings made Pedro Garcia-Mendez a perfect candidate for the federal Illegal Re-Entry Project. Nearly 20 years ago, the Guatemala native illegally entered the United States but was quickly nabbed by U.S. border patrol agents near Brownsville, Texas. He was deported within a month.

That didn't deter him. He re-entered in 1991, 1992, 1994 and 1998 but was immediately caught each time and deported. Last summer, he turned up a sixth time when U.S. Immigration and Customs Enforcement agents found him at the Richmond City Jail, where he was being held on an assault charge.His border-crossing days, though, may be at an end.

Now 62, Garcia-Mendez was recently convicted in U.S. District Court in Richmond under the Illegal Re-Entry Project, a little-known federal enforcement program that targets illegal immigrants with significant criminal histories and those who repeatedly re-enter the country.

With little fanfare or publicity -- and some questioning from immigrant advocates -- ICE agents have worked with the U.S. attorney's office here during the past three years to prosecute 143 illegal immigrants. Many of them are hard-core offenders who have committed violent crimes against Virginians.

The program was tailored for central Virginia and designed to "address the impact that criminal illegal aliens have on the community," said Assistant U.S. Attorney Stephen P. Miller, who heads the Richmond Division office. "We're focusing on the individuals who have kind of set themselves apart because they are engaged in criminal behavior."

The effort is essentially a regional version of ICE's Criminal Alien Program, which targets the "worst of the worst" in the nation's illegal population. Last year, federal authorities brought formal immigration charges against more than 221,000 illegal immigrants who are behind bars for crimes committed in the U.S. -- a 46 percent increase over 2007.

In the Garcia-Mendez case, a federal judge doubled the recommended punishment for his repeated re-entries to 12 months and one day in prison. He'll be deported once he serves his time and faces stiffer punishment if he returns again.

"The defendant had demonstrated a complete disrespect for the laws of this country," wrote Assistant U.S. Attorney S. David Schiller, the program's lead prosecutor, in a memorandum to the court.

Illegal immigrants with aggravated criminal histories who re-enter after being deported have received substantially greater punishment; some are sent to federal prison for 96 months.

. . .

Despite its targeted intent, the program is viewed by some as casting too wide a net, ensnaring hardworking immigrants who commit petty offenses but have no criminal record and pose no threat to the community. "A lot of these clients get picked up on seemingly minor charges, like drunk in public or another kind of misdemeanor offense at the state level," said Mary E. Maguire, a federal public defender fluent in Spanish who has represented more than 80 percent of those prosecuted under the program.

The Illegal Re-entry Project was launched under a directive from the U.S. Justice Department during President George W. Bush's administration and has continued unabated since President Barack Obama took office, officials say. "If anything," Miller said, "it's accelerated."

The number of prosecutions this year is on pace to more than double 2008's total.

Forty illegal immigrants have been indicted or convicted as of mid-May, compared with 69 for all of 2008. During 2007, the program's first year, 34 were prosecuted.

The large majority -- 91 -- were charged with re-entering the U.S. after having been deported at least once, a felony. An additional 37 were charged with re-entering after being deported and convicted of an aggravated felony, and six were charged with re-entering after being convicted of a non-aggravated felony. Seven were indicted for possessing counterfeit immigration documents, and two were charged with violating the conditions of their release after committing crimes.

Two of those indicted in 2008 were among the 33 illegal immigrants arrested last May during a raid of the construction site for the new federal courthouse in downtown Richmond.

Federal authorities say they are targeting only those who have committed some crime here and are already in local jails or prisons. "All of them have been removed [at least once] already and now they're back, despite the fact that they recognized the first time around that they're not supposed to be here," Miller said. "On top of that, they've now committed crimes, and that's how they come to our attention."

. . .

For the most part, immigration authorities learn about the offenders from local jail or prison officials, who conduct computerized "Immigration Alien Query" checks of all foreign-born arrestees through a nationwide ICE database. "If we get a hit, we notify them," said Chesterfield Sheriff's Maj. Larry Kriebel, who oversees the Chesterfield County Jail. Chesterfield also provides ICE with a daily list of all inmates at the county jail. "If they are illegal, that's when we step in," said Craig Raine, assistant director of ICE's Washington Field Office, which covers D.C. and Virginia.

Typically, ICE agents notify local jails of the government's interest in certain inmates and put detainers on them pending further investigation. Agents then conduct jailhouse interviews to determine whether they should be deported or prosecuted under the Illegal Re-Entry program, Raine said. "We're not looking for people that have one DUI or trespassing charge," he added. "We're looking for registered sex offenders, violent criminals involved with assaults or serious crimes, domestic violence offenders, things like that."

Convictions for aggravated sex offenses rank as the single largest category of crime among those with criminal records prosecuted under the program. These are followed by drug crimes and some type of violent offense, such as assault, he said.

. . .

Some are "serial burglars" convicted of breaking into homes, who are deported after serving time but then return to commit more crimes. "Some of those have actually been caught in Virginia doing burglaries again," Miller said.

In a sense, Miller said, those prosecuted under the program "select themselves" for prosecution by committing another offense that puts them into the U.S. criminal justice system.

Maguire, the federal public defender, said Garcia-Mendez is a perfect example of the program's very broad -- perhaps overly broad -- reach. "I think that the prosecutions that they have brought kind of encompass both ends of the spectrum," she said.

Before he was jailed in Richmond last year on a misdemeanor assault charge, his only criminal conviction was for illegal entry in Texas -- also a misdemeanor -- in 1998. "It's true that he's had all these prior deportations," Maguire said, "but I think he's also a very sympathetic figure. The only reason he came back was because his sister died, leaving behind three children whose father was an alcoholic and could not care for them. So Mr. Garcia-Mendez felt compelled to come back to the United States to earn money to support the orphaned children."

Until recently, Garcia-Mendez suffered little consequence for his re-entries. Each time he was deported, he received a written federal warning that he could receive prison time if he returned.

. . .

Federal authorities did nothing until after he was caught a fifth time in 1998, when he was convicted in Texas of illegal entry and given a 90-day suspended jail term.

Maguire said many of those prosecuted under the program "have very tragic stories that we've been able to corroborate."

"From my perspective," she added, "I would say the majority . . . are working here to try to earn money to support their families, primarily back in Central America and Mexico. It seems to me in a lot of these cases there is a need for medical attention or medical care they cannot afford in their own country." Miller insists his office takes a targeted approach and considers a number of factors before pursuing a re-entry prosecution.

"Our goal is to go after those illegal aliens who have committed crimes in the past or who are serious repeat offenders -- those who have routinely re-entered the country after being deported," he said. "For many of the defendants we've prosecuted, it's clear that deportation alone isn't the answer. They'll just return. We need to have a credible re-entry deterrent, and that should mean a significant time in prison."

Richmond Shooting Victim Dies

Sun, 24 May 2009 08:00:00 EST

A man found shot in a South Richmond rooming house Friday morning died May 23 at VCU Medical Center, Richmond police said.

Authorities said they are investigating the death of Daniel Adams Burns, 32, of the 2000 block of Dinwiddie Avenue as a homicide. He was shot near the base of the skull.

Police Capt. Will Smith said Friday that it was uncertain whether the victim, who was found by his roommates, had been shot at the house.

Virginia State Police Stepping Up DUI Efforts for Memorial Day Weekend

Sun, 24 May 2009 08:00:00 EST

Virginia State Police won't be enjoying much of the Memorial Day weekend with their families. The long weekend will be no long holiday for them, or for many of their law-enforcement brethren in Richmond, Hanover County, Henrico County, Chesterfield County and Goochland County.

They'll be participating in Operation CARE, short for Combined Accident Reduction Effort. State troopers will be mainly targeting the I-95, I-295 and I-64 corridors. The program is intended to reduce the number of crashes, road fatals and injuries. The troopers will be out in greater numbers, many on motorcycles.

They will be joined in the effort by local police departments, who will set up sobriety checkspoints on or near highways that have previously yeilded high rates for DUI arrests. The CARE operation will continue through midnight Monday.

The CARE program on last year's Memorial Day weekend resulted in ticketing 11,724 speeders, 2,579 reckless drivers, and arrests of 169 suspected drunken drivers, statewide.

Virginia High School Coach Released on Bail

Thu, 21 May 2009 08:00:00 EST

Mac Leighton, J.R. Tucker High School's former head football coach, facing charges involving "sexting" with two high school students, was freed from jail on a $50,000 bail. A preliminary hearing was set for August 7th.

After a brief hearing in Henrico Juvenile and Domestic Relations District Court, Judge S.L. Williams Jr. set a $10,000 bail yesterday on each of five felonies stemming from charges that Leighton solicited sexually explicit pictures from two students and took indecent liberties while in a custodial relationship with them. The assistant commonwealth's attorney said the students were 15 and 17 at the time of the alleged incidents, which authorities said yesterday occurred between August and January.

Authorities said that both juveniles sent Leighton sexually explicit pictures of themselves while he was coach and that he had an unspecified physical relationship with the older girl. The prosecutor described the charges involving the 15-year-old: soliciting child pornography and taking indecent liberties with the juvenile by asking her to engage in unspecified sexual acts.

The remaining three charges involve allegations that Leighton solicited the 17-year-old to engage in certain acts and successfully sought a sexually explicit image of her.

Former Richmond Tennis Coach to Serve 5 years on Child Porn Charges

Thu, 21 May 2009 08:00:00 EST

Steven Gerstenfeld, a former University of Richmond men's tennis coach, was sentenced to 60 months in prison yesterday for attempted receipt of child pornography. Gerstenfeld, 48, had been facing five to 20 years when sentenced by U.S. District Judge Henry E. Hudson. In papers filed with the court, the government recommended the minimum sentence of five years, noting a plea agreement in the case.

According to a statement of facts filed in the case, Gerstenfeld admitted using his credit card in 2006 to buy access to Web sites featuring girls between the ages of 12 and 17. He also said that while surfing the Internet, he saw images of children having sex with adults.

The statement of facts said an examination of his University of Richmond computer found hundreds of images of child pornography. "Many of these images depicted actual children whose identities have been cataloged by" the National Center for Missing and Exploited Children, authorities said.

Gerstenfeld resigned his job at UR because of the charge. In papers, his lawyer, Debra D. Corcoran, argued that testing showed Gerstenfeld does not have a sexual interest in children but that he does have an addiction to pornography.

"A long prison sentence cannot make him feel more shameful or guilty than a shorter term; more prison time is not necessary to deter him from committing the act he is charged with again," wrote Corcoran, arguing for a more lenient sentence than otherwise called for.

Two Arrested in Drug Shooting of Teen: Third Sought by Chesterfield Virginia Police

Thu, 21 May 2009 08:00:00 EST

Chesterfield County police arrested two men, but are seeking a third in a drug-related shooting the night of May 18th that seriously injured a county teen.

Andre C. Russell, 28, of the 1700 block of Theresa Lane in Powhatan County and Erik A. Farmer Jr., 18, of the 100 block of Southwick Boulevard in Chesterfield were arrested. Russell has been charged with conspiracy to commit robbery, conspiracy to commit aggravated malicious wounding and accessory before the fact. Farmer is charged with attempted robbery and conspiracy to commit robbery. Police are still searching for Kevin Bernard Ragsdale, 21, of the 1400 block of Creekglen Way in Chesterfield.

Police said the unidentified 18 year old shooting victim answered a knock on the door and allowed three men inside. At that time, one of the men told the victim to give him "everything he had" as another fired a gun, striking the victim, police said. The three men then fled.

Richmond Police Drop Charge Against Driver Charged in Police Cruiser Crash

Wed, 20 May 2009 08:00:00 EST

Richmond police have reversed course and cleared a woman they originally charged in a predawn wreck last week on Hull Street Road that left an officer injured with neck damage. The officer, Mark Levy remains hospitalized and has been placed in a halo. He was listed in stable condition yesterday at VCU Medical Center, and his boss said he expects Levy to return to work after several months of recovery.

Richmond Police Chief Bryan T. Norwood said that his department was continuing its investigation of the crash and had withdrawn a charge of failure to yield the right of way that had been filed against Latoya D. Carter, 27, of Richmond. Shortly after citing Carter after Friday's 4:24 a.m. collision, police found information on the computer of officer Levy's Ford Crown Victoria that indicated he was traveling 98 mph at the time in his marked cruiser while responding to a Code 2 -- or non-emergency -- call, sources said.

Levy, who according to sources was not wearing a seat belt, was hospitalized with broken bones in his neck after the collision, which occurred near Hull Street Road's intersection with Swanson Road.

Police said Levy was eastbound on Hull Street Road when Carter's Chevrolet Malibu turned onto Hull from Swanson into the officer's path. The officer's Ford hit the Chevrolet, went off the road and slammed into a brick fence in the 5500 block of Hull.

It could not be determined whether the police car's emergency lights or siren were activated.

Henrico County Football Coach Arrested on "Sexting", Other Charges

Wed, 20 May 2009 08:00:00 EST

Details are unclear at this point, but an Henrico County (Virginia) high school football coach surrendered to police ton May 19th (2009) to face five felony charges alleging inappropriate conduct with a female student at the school. William Macgregor "Mac" Leighton, 31, faces decades in prison if convicted of five felony charges stemming from a relationship with an underage female student at Tucker that authorities say began that same October. "We believe the relationship began in October; it came to our attention earlier this year," Henrico police Lt. Doug Perry said.

Police said two of the charges allege that Leighton sent text messages from a cell phone soliciting pornographic material from the student. Three additional felony counts allege Leighton took indecent liberties with the same minor while in a custodial role.Leighton taught social studies and history at Tucker, according to the school's Web site.

The charges come as Henrico has drawn attention over an outbreak of so-called "sexting" episodes in which students, some in middle school, have sent sexually explicit images of themselves to friends by cell phone. Prosecutors in many jurisdictions across the country have been reluctant to prosecute the cases because they do not clearly violate pornography statutes and because most of the images are taken and sent voluntarily to other minors. In Virginia, some legislators are considering possible language that would address sexting in criminal laws.

"Sexting" Legislation Under Review by Virginia Lawmakers, Prosecutors

Wed, 20 May 2009 08:00:00 EST

By Olympia Meola

Published: May 20, 2009

State officials want to take the sex out of texting.

In addition to lecturing teenagers across the state on the dangers of sending nude or semi-nude pictures of themselves to friends via cell phones, some legislators are looking into how the state's laws cover -- or don't cover -- "sexting."

The pictures, which apparently have been pinging off cell towers around the Richmond area, pose challenges for prosecutors who seek guidance in the Virginia Code. State law says some of the instances could constitute manufacturing child pornography.

But the laws were not written with naughty teenagers in mind.

"The problem is that, I don't think . . . in the whole 402-year history of Virginia did anybody ever think that a juvenile would voluntarily be taking a picture of themselves naked and giving it to somebody," said Del. David B. Albo, R-Fairfax.

"So the way the laws are written right now, if you're in possession of a naked picture of a child, you're personally guilty of child pornography."

Albo serves as chairman of the House Courts of Justice Committee and is a member of the Virginia State Crime Commission. That panel decided this month to study the state's laws and how they address what could be a growing fad of minors sending risqué pictures of themselves to friends who also are minors.

Albo warns of the potential unintended side effects of tinkering with the state's sex-crimes statutes. He supports studying what adjustments could be made, but he said he is not, as of now, advocating a change.

"You don't want to change the law and create a loophole for child molesters. So this is very, very dangerous territory to get into," he said. "Unless a legislative change is absolutely 100 percent bulletproof, then I would recommend we don't do anything."

The staff attorney for the House Courts committee also is soliciting ideas on how to cover the cases in the state's law, and he hopes to develop a template for the General Assembly to consider in next year's session.

"It's a soluble problem. I'm just not sure what approach Virginia legislators might want to take," said Robie Ingram, staff attorney with the division of legislative services.

Sen. Kenneth W. Stolle, R-Virginia Beach, co-chair of the crime commission, said the panel's members are not sure whether the current statutes adequately address the practice among teenagers who may not grasp the consequences of their actions.

Members could determine that convictions are consistent with the philosophy of the assembly, or they may recommend a new class of crimes that more appropriately address the behavior, he said.

"I don't know any member of the General Assembly who a year ago knew what sexting was," Stolle said. "I think the concern is we actually have behavior that has not been contemplated by the statutes or by the General Assembly."

Prosecutors in Chesterfield and Henrico counties say they have not brought child-pornography charges for sexting cases in their localities.

Henrico Commonwealth's Attorney Wade Kizer has said he still hasn't decided how authorities should handle such incidents, while Chesterfield prosecutors have said they are reluctant to prosecute young people for sending such material when there is no criminal intent.

"The current Virginia statutes punishing child pornography were enacted before the phenomenon of sexting existed and were never intended to apply to 12-year-olds who do stupid things without thinking about the consequences," Kizer said via e-mail.

"The difficulty arises because under the Virginia Code child pornography means sexually explicit visual material which utilizes or has as a subject an identifiable minor. Sexting falls within this definition," Kizer said.

"The problem for the General Assembly will be in fashioning a reasonable law that will deter sexting in the context of adolescents who act immaturely and without thinking that doesn't, at the same time, gut the child-pornography statute which is intended to address pedophiles."

In Hanover County, authorities investigated a case in which a teenage girl sent nude or semi-nude images of herself to others, and those who received them forwarded the photos to friends, but prosecutors decided there was insufficient evidence to bring charges.

Louisa County Deputy Commonwealth's Attorney Rusty McGuire said prosecutors have the discretion to evaluate each case on its merits. He supports the examination of state laws but said minors still need some accountability.

"I don't want kids and parents to think this is no big deal," he said. "This is a big deal because these kids are making decisions that are going to impact them down the road."

Chesapeake Man Convicted of Involuntary Manslaughter of Police Officer

Tue, 19 May 2009 08:00:00 EST

A Virginia jury on Wednesday convicted Ryan Frederick of voluntary manslaughter in the shooting death of a police officer during a no-knock drug raid. Prosecutors asked for and the jury recommended a 10-year prison sentence for the 28-year-old resident of Chesapeake. The trial judge will make a final determination in a May hearing.

The jury did not convict Frederick of capital murder as prosecutors had sought. Nor was he found guilty of marijuana production -- the police raid was in search of an alleged grow -- but only of possession of a small amount of pot.

On January 17, 2008, local police executing a search warrant based on the word of questionable snitch -- who admitted burglarizing Frederick's home days earlier -- began breaking down Frederick's door. Saying he thought he was under assault from violent unknown intruders, he picked up his rifle and fired a shot through the door, killing Officer Jarrod Shivers, whose job it was to break down doors during raids.

In an interview following his arrest Frederick said he was sleeping in a back bedroom because his job as a soft drink merchandiser required him to get up early. His dogs, Dora and Bud, were in the house. He woke up because his dogs "were barking like crazy. They're going like really crazy, so I grab my gun. As I'm walking through the hall, someone comes busting through my door." Intruders were pushing through the bottom panels of the four-panel door, he said. The lighting in the house was dim. Frederick said he didn't hear anyone say "police" or see identification. "I was like, 'Oh, God, if I don't shoot, then he's going to kill me'... I think I shot twice. I can't remember. It happened so fast. All I know is the gun jammed." Frederick said he then went back to the bedroom to get a telephone. When he realized police were outside, he walked out of the house and surrendered.

In tears at times, Frederick said he doesn't grow or sell marijuana. He had a smoking bong and a small bag of marijuana, he said.

The raid and its unfortunate outcome for all involved added to rising concerns among civil libertarians and drug reform advocates about the apparently routine resort to SWAT-style tactics employed against small-scale drug offenders and, all too often, completely innocent parties.

Intoxicated Staunton Man Convicted of Manslaughter in Crash

Tue, 19 May 2009 08:00:00 EST

February 28, 2009

A Staunton man was found guilty by an Augusta County Circuit Court jury Friday of involuntary manslaughter in the May 2008 accident on Route 340 that killed 40-year-old Cheryl Lynn Sheaves of Grottoes. The 11-woman, one-man jury recommended a four-month sentence for Jeremy Rasnake, 21. He will be formally sentenced on March 26. The jury could have recommended a sentence of up to 10 years in prison and a $2,500 fine. Sheaves died the next day at the University of Virginia Medical Center as a result of her injuries.

Rasnake was driving a blue 1988 Ford Bronco north on Route 340 between Old White Hill Road and Kill Deer Lane on May 23 when, according to testimony, he fell asleep at the wheel, drifting across the center line before colliding head-on with a silver 1994 Ford Thunderbird driven by Sheaves.

Reckless Driving Results in 4 Deaths in Virginia

Mon, 18 May 2009 08:00:00 EST

Traffic accidents happen frequently, and unexpectedly. Over 145,000 traffic accidents occurred in Virginia in 2007. The ones in which people are seriously injured or killed, such as this one on March 22, 2009, are tragic. Especially if they could be avoided with a little care.

Four people died after a head-on collision early yesterday between a sport utility vehicle and a sedan on state Route 3 near Stevensburg in Culpeper County.Virginia State Police spokesman Sgt. Les Tyler said the accident was reported around 2:50 a.m. The victims were identified as Tyler Scott Harlow, 20, and Joseph Lee Sahnow, 20, both of Ruckersville; Tianna V. Jones, 19, of Stanardsville, and James B. Cook, 21, of Marshfield, Vt.

Tyler said all four died at the scene about a tenth of a mile east of state Route 739. Harlow, the sedan driver, and Jones were wearing seat belts; the two other victims were not, state police said. A fifth passenger in the Toyota, 27-year-old Howard John Steiniger of Fredericksburg, was taken to Mary Washington Hospital in Fredericksburg before being transferred to a Richmond-area hospital. His condition was not available yesterday evening.

According to Tyler, 29-year-old Eugene T. Green of Culpeper was driving his SUV the wrong way, headed westbound in the eastbound lane of the two-lane stretch of highway, when the vehicles collided. Green, who Tyler said was not wearing a seat belt, also was taken to Mary Washington Hospital. Green's condition was also not available yesterday evening.

The accident prompted authorities to close the highway and detour traffic for about six hours while they cleared the scene and investigated the incident.

Virginia Highway Accidents Result in Fatalities

Mon, 18 May 2009 08:00:00 EST

Virginia highway deaths are lower than at this time last year, but rose by three to 244 over the past weekend.

Virginia State Police said Miranda L. Holder, 29, of Bluemont was killed Saturday when the pickup she was driving left state Route 7 and struck a tree at 4 a.m. She was not wearing a seat belt, police said.

Noemi Orellana Nogales, 20, of Sterling died Friday after the car she was riding in slid sideways and was struck by an oncoming vehicle on Lincoln Avenue at 10:38 p.m. Nogales, who died at the scene at 11:15 p.m., was wearing a seat belt, police said.

The State Police also reported three other recent fatalities:

In King and Queen County on Thursday, 65-year-old John B. Oliver of Saluda died when his car crossed the centerline and struck a dump truck, police said. The collision on state Route 14, a mile east of state Route 605, occurred at 12:08 p.m. Oliver was wearing a seat belt, police said.

Brandon C. Dotson, 21, of Honaker died in Russell County on Friday when his motorcycle left state Route 80, near state Route 67, while passing another vehicle and struck a rock. He was wearing a helmet, police said.

Joey Lamar Williams, 31, of Danville died Thursday after a crash Wednesday. The car he was driving left the road and struck a tree in Prince Edward County on U.S. 360, just west of state Route 750, at 8:20 p.m. Williams was not wearing a seat belt, police said.

Man Indicted for Manslaughter in Traffic Death

Mon, 18 May 2009 08:00:00 EST

A Carroll County Grand Jury indicted Stephen Edwin Towe for aggravated involuntary manslaughter and four other charges Monday relating to the Oct. 17, 2008 wreck that killed a North Carolina woman in Woodlawn.

Stephen Edwin Towe, 41, was found guilty of a misdemeanor offense of DUI, possession of marijuana and driving on a suspended license on Feb. 17 in Carroll County General District Court relating to the accident. According to the Virginia State Police reports, the accident occurred as the 2001 Oldsmobile Aurora that Towe was driving struck a 2007 Chevrolet Cobalt driven by Ashley Nicole Whitaker on Woodlawn Road. Passenger Jessica Ruth Bowyer, 26, of Middlesex, N.C., was killed at the scene of the accident.

Towe also waived his preliminary hearing on several other charges during the Feb. court hearing. On Monday, he was indicted for reckless driving, involuntary manslaughter, two counts of maiming of another resulting from driving while intoxicated, and aggravated involuntary manslaughter.

Teen Convicted of Manslaughter in Passenger's Death

Sun, 17 May 2009 08:00:00 EST

A judge finds a driver involved in a deadly crash in Albemarle County in September 2008 guilty of involuntary manslaughter. The verdict was handed down around 4:30 pm in the Albemarle County Circuit Court.

18-year-old Nathan Jon Peters of Palmyra went off the road last September and crashed into a tree in the 1500 block of the Thomas Jefferson Parkway. Witnesses testified that Peters's Dodge was traveling at speeds of at least 80 mph on the windy, two-lane parkway.

The impact killed the passenger inside the vehicle.

Richmond Police Arrest Two in Shockoe Bottom Armed Robbery: Seeking Third

Sun, 17 May 2009 08:00:00 EST

Charlene T. Scott, 20, and Michael A. Charity, 22, have been arrested in Wednesday's (May 13) armed robbery of the Buffalo Wild Wings restaurant in Richmond's Shockoe Bottom entertainment area. An arrest warrant is outstanding for Arshad Suluki, 19, in connection with the case.

Police said the three, dressed in all black clothes and hoods, went to the restaurant at 1501 E. Cary St. before it opened for the day, entered through an unlocked rear door and demanded money from three employees. One employee was assaulted and suffered minor injuries during the robbery. The robbers forced the employees into the freezer and fled on foot toward Church Hill.

Fatal Accident Leads to Manslaughter and DUI Third Offense Indictments

Sun, 17 May 2009 08:00:00 EST

May 8, 2009

JAMES CITY - Christopher Mellis, fresh off a Friday night shift at Paul's Deli in Williamsburg, was driving alone in his Chrysler Cirrus about 11:30 p.m. April 10 when he was struck head-on by a Jeep Liberty. The Jeep didn't have its headlights on, a witness said. Another car narrowly missed being hit. Mellis didn't have time to swerve.

The first person to get to the 19-year-old found him pinned inside the vehicle – in the back seat.

Dana Clay testified that on April 10, stopped at the intersection of Richmond and Barnes roads, she saw Mellis' car spin three or four times before coming to a stop. She told a Williamsburg-James City County courtroom Thursday she froze for an instant. Then she called 911.

"I went over to the car that got hit," Clay said. "The person was in the back seat. The dispatcher asked if I knew first aid. I told her 'No,' so she said to do nothing."

Waiting for police and medics to arrive, Clay said she rushed to the Jeep. She found the door open and no one inside. She never saw the driver and he never came back to his vehicle, Clay said.

About 10 minutes later, Jason Watkins, a firefighter and medic with the James City County Fire Department, arrived on scene. Watkins told the court Mellis was still pinned in the back seat of his car when he was pronounced dead.

James City Police Officer Chris Gibson arrived about the same time as Watkins. Gibson said several vehicles and witnesses had gathered at the scene. Among the crowd was Matthew Burch, Gibson said.

"He had a strong smell of alcohol about his person," Gibson testified, during a preliminary hearing Thursday into whether Burch would face felony involuntary manslaughter and DWI charges as a result of Mellis' death. Burch has two previous DWI convictions on his record, making the third a felony, if convicted.

Dressed in an orange jumpsuit and shackled, Burch said nothing during the hearing. He sat motionless, as Watkins and Gibson both pointed him out to the court as the man arrested after the crash.

Watkins testified Burch was "confused about his time and place" and had an "altered mental state" during the ambulance ride to a local hospital. He suffered a "couple small, non-bleeding cuts" to his head, Watkins said.

The night of the accident, Burch refused a Breathalyzer, but a vial of his blood tested at a local hospital showed a blood alcohol concentration of between .19 and .23, testified Dr. Les Edinboro, a forensic toxicologist. The legal limit in Virginia is .08.

"On the conservative side of that, you'd see a loss of inhibitions ... poor glare recovery, double vision ... a significant impairment of motor abilities," Edinboro told the court. "Taking all that into context, you're going to have a very dangerous situation for driving," especially at night, he said.

After hearing testimony from five witnesses, Williamsburg-James City County District Court Judge Colleen Killilea certified Burch's charges to a grand jury. If indicted, Burch is scheduled to appear in circuit court in July.

Burch had faced a number of other misdemeanor charges, including possession of marijuana, but prosecutors have dropped those charges, although they could be filed again. Burch is being held at the Virginia Peninsula Regional Jail without bond.

Richmond Accident Attorney: Weather Factors Into Interstate Highway Accidents

Sun, 17 May 2009 08:00:00 EST

Teenagers and the elderly are often thought of as the most prone to having vehicle accidents. However, that is not necessarily so. Inexperience or slowed reflexes many times do factor in car crashes, but Virginia State Police statistics disclose that the drivers in more than half the accidents reported every year are in the "prime of life."

Even highly trained and experienced drivers get involved in traffic accidents on Virginia's interstate highways, especially those that are heavily traveled and often congested, such as I-95, I-295, and I-64 in and around Richmond. Especially when the weather is foul, obstructing visibility and lessening traction and control. This is what happened recently in Southwest Virginia when a State Police Trooper ran into the rear of a tractor trailer while responding to an accident on I-81 when his car hit a patch of standing water and hydroplaned. Though his "gray and blue" was totaled, the Trooper fortunately escaped with non-life threatening injuries.

Veteran accident attorneys know you cannot prevent every accident, but you can alter your driving in inclement weather to reduce the odds you may be a victim by doing the following: reduce your speed; increase the distance between your car and the one ahead of you; use your rear and side view mirrors to monitor where other cars are located in case you have to act suddenly; and don't let yourself be distracted by cell phones, smoking or day-dreaming.

Parents Need to Be Alert for Kids' "Pharm" Parties

Fri, 15 May 2009 08:00:00 EST

By Lisa Crutchfield, Richmond Times Dispatch
Published: May 15, 2009

Rather than bringing snacks and sodas to some parties, teens are bringing whatever prescription pills they can glean from around the house.

They'll mix them in a bowl and then grab a handful of this "trail mix" without knowing what they're ingesting.

Pharming parties, as they are known, are gaining popularity, said Denise Miller of the Henrico Too Smart 2 Start Coalition.The trend was brought home earlier this week, when news reports focused on students at two Henrico middle schools sharing the prescription drug Adderall with friends.

Henrico's Too Smart Coalition held a Town Hall meeting last night at Hermitage High School to draw attention to what appears to be a growing national problem. The group's mission is to heighten youth and parental awareness of substance-abuse prevention and to reduce at-risk behaviors among Henrico County residents. Guest speaker Aleta Meyer of the Prevention Research Branch of the National Institute on Drug Abuse told the group:

Drug-induced deaths in the United States outnumber homicides or suicides.

Chances of injury or risky sexual behavior increase greatly with drug use.

More than 30 percent of pain prescriptions written after molar extraction -- typical for teens having wisdom teeth removed -- are refilled, necessary or not.

"People may think drugs are fun and easy, but they impact the ability to act on free will," she said.

Prescription and over-the-counter drug abuse is prevalent among young people, said James Carter, a student at Varina High School who works as a student ambassador for the coalition. "People think it's a joke," she said. "Or maybe they see everybody else doing it so they think they should do it."

Another student, Brendell Carter, who attends Virginia Randolph High School, said popping pills was something students could usually do without getting caught."You can't smoke weed at school, so they do that instead," she said. "I saw somebody do it before. They took like 17 Extra Strength Tylenol trying to feel good."

Most of the parents in the audience of about 70 seemed aware of the problem. They were looking for solutions. Meyer said certain measures can ensure children's safety. Some, such as eating dinner four times a week as a family, are simple and have been proven to reduce risky teen behavior.

She also offered other suggestions to parents, including talking and listening to children, being awake when they come in at night and disposing of or locking up medications.

Exercise Care on Virginia's I-95 Near Richmond

Fri, 15 May 2009 08:00:00 EST

Many Virginia attorneys who litigate highway accident claims already know this: work on overpasses and other highway construction can contribute to auto accidents on Virginia highways, and even result in fatalities, especially when they are congested and speed limits are higher. Heavy traffic volume, including cross-country tractor trailers and semis, especially along I-95, I-64, and I-295 in and around Richmond, shorten the time between necessary repairs, and those VDOT crews have to block one or more lanes of traffic to get the work done safely.

Recently, VDOT attributed one multi-car collision involving a tractor trailer on I-95 near Richmond to work it was performing on an overpass. One person died at the scene in that accident.

Be careful when traveling these roadways for your own safety, and that of your family.

Virginia Accident Attorney Warns Against Rubber- Necking

Fri, 15 May 2009 08:00:00 EST

Rubber-necking is dangerous, especially on Virginia's congested and bumpy interstates around Richmond. Among the most frequent causes of traffic accidents in Virginia in 2006 and 2007 was "driver distraction," according to reports of the Virginia State Police. Virginia accident attorneys know this, especially if they have been practicing long enough.

If you travel frequently on I-95, I-64, or I-295 in and aroound Richmond you will regularly see a crash or two. And if you are like most folks, you will slow down to get a better look as you pass the scene. But that is not the thing to do. You could be setting yourself up for involvement in a potentially fatal accident of your own. This happen just a few months ago on I-95.

A fiery crash along Interstate 95 in Prince George County in Virginia left person one dead, seven injured and snarled traffic for miles. State Police Sgt. Tom Cunningham said the Monday morning crash closed both northbound and southbound lanes of the highway.

Cunningham said the mess began when a car blew a tire and pulled off into the median. He said motorists in the southbound lane slowed to look at the disabled vehicle and a tractor trailer hauling sand plowed into several of the vehicles.

Richmond Virginia Accident Lawyer Urges Reporting Speeding Police and State Troopers

Fri, 15 May 2009 08:00:00 EST

Virginia lawyers who litigate traffic accidents see all kinds of quirky things. Even pillars of the community get carried away when behind the wheel and do things they ordinarily would not do -- and get carried away to the hospital!

A few weeks ago this happened to two volunteer fire fighters in Spotsylvania County, Virginia. They were responding to a house fire shortly after midnight near Route 1 when their truck crossed the double yellow line and crashed into an embankment. Both were injured and had to be transported to the hospital in Fredericks burg.

Thankfully, neither firefighter was killed, but the investigating officer charged the driver with failing to keep proper control of his vehicle. Essentially, the fireman was speeding. But how many times have you seen a police cruiser racing along the highway without its lights flashing or siren on? How many times when traveling on I-95, I-64, or I-295 have you seen a state police blue and gray zoom past your car and the trooper did not have his car's lights flashing or siren on to alert you? Does the badge excuse these acts? Never!!

Those flashing lights and wailing sirens are on police cars to WARN other drivers and pedestrians that a fast moving car is nearby. Moreover, that it is a police car engaged in serious or life-threating mission. Regulations of virtually every police department in the country require officers to use the "lights and siren" when they have to exceed the posted speed limit. It is a safety measure to protect the public and the officer.

With good reason. More than 20% of the auto accidents that occur in Virginia each year are caused by "driver distraction" (or inattention), and another 10% are caused by excessive speed. Therefore, a third of the accidents occurring statewide in Virginia are caused by these two things careless law officers do from time to time. This needs to be stopped, or at least controlled.

Next time you see a police officer speeding without "lights and siren," take down the information from his car, and report him to his agency. Police supervisors need to know when their officers are breaking the law in this manner because, whether they realize it or not, these people are endangering the lives of the people they are charged to serve and protect.

Henrico Charges Middle Schoolers in Drug Distribution Probe

Thu, 14 May 2009 08:00:00 EST

Sixteen students from Byrd and Tuckahoe middle schools in Henrico County have been charged with distributing and/or possessing the prescription drug Adderall, a psychostimulant used to treat attention deficit hyperactivity disorder (ADHD). Adderall can be abused and may be habit-forming. Improper use can cause serious side effects to the heart and death.

A total of 32 charges against the 16 students have been lodged stemming from the distribution of the drug on April 24 and April 30 according to a police spokesman. The police did not release the names or ages of those arrested because they are juveniles, but middle schools hold classses for students in grades 6 through 8, and the typical student age ranges from 11 to 14.

Of the 16 kids involved, 13 were Byrd Middle School students and the other 3 attended Tuckahoe Middle School.

Accident on I-95 Slows Rush Hour Traffic

Thu, 14 May 2009 08:00:00 EST

A two-vehicle wreck on April 14th slowed rush-hour traffic on Interstate 95 southbound near the junction of Interstate 64 westbound at Bryan Park. The wreck occurred about 7 a.m. near I-95's exit 79 and involved a pickup truck and a passenger car. No injuries were reported, but southbound I-95 traffic quickly backed up as Virginia State Police worked to clear the wreckage.

Halifax Couple Die in Jeep Collision

Thu, 14 May 2009 08:00:00 EST

We offer our condolences to the family of Gary and Rachel Anderson of Halifax County. Although both were wearing seat belts, they died in a single-vehicle crash May 9th when their Jeep left the road and struck a tree.

Passenger Dies When Minivan Hits Tree

Thu, 14 May 2009 08:00:00 EST

We offer our condolenses to the family of James M. Barnes of Colonial Beach. Mr. Barnes was killed Saturday night, May 2nd, when the minivan in which he was riding ran off the road, causing the rear of the vehicle to strike a tree on state Route 202 in Westmoreland County. He died at the scene. Police said he wasn't wearing a safety belt.

Accident at Exit 79 on I-95 Results in Injuries

Thu, 14 May 2009 08:00:00 EST

A single-vehicle accident with injuries prompted Virginia State Police to close an Interstate 95 exit ramp at the Bryan Park interchange in Richmond for a short period before dawn on April 30th.

The accident was reported shortly after 5 a.m. at the Exit 79 interchange and involved two injuries, police said. Both victims were taken from the scene by ambulance.

State police closed the left lane of southbound I-95's ramp to westbound Interstate 64 after the accident. The lane, which feeds traffic onto Interstate 195, was reopened about 6:30.

One Killed, Two Seriously Injured In Early Morning Richmond Collision

Thu, 14 May 2009 08:00:00 EST

One man was killed in a two-car wreck early in the morning on April 11th in South Richmond.

About 2:15 a.m., a pickup truck headed north on Jefferson Davis Highway hit a car turning south from Atwell Lane onto Jefferson Davis, police said. The car's driver, Santo Ruben Almas-Herrera, 48, of Chesterfield County, died at the scene. A passenger in his car was taken to the hospital and was listed in critical condition, police said.

The driver of the pickup was hospitalized in stable condition.

Virginia Crime Lab Will Re-Test DNA Samples from Old Cases

Thu, 14 May 2009 08:00:00 EST

Additional DNA testing for possibly 400 Virginia cases may be required to validate the results of a groundbreaking project aimed at clearing people wrongly convicted of crimes decades ago. The Virginia Forensic Science Board recently learned that retesting is necessary because the outside laboratory that performed the initial work did not "consume" all of each sample to get the best results possible.

The Department of Forensic Science has already spent $1.4 million since 2005 for wages and for testing in more than 300 cases. The testing was ordered by former Governor Mark Warner after DNA testing of biological material found in a sample selection of 31 old forensic case files cleared two men of rapes for which they were wrongly convicted. DNA testing was not available at the time they were convicted.

A spokesperson for the Department of Forensic Science said that of the 406 cases for which there are preliminary DNA test results, the department's staff has thus far produced certificates of analysis in 91 cases. Of the results studied, in 10 cases, the convicted person was excluded -- but not necessarily cleared. In 25 cases, the convicted person's DNA was identified, and in 33 cases, there was insufficient data to reach a conclusion.

So far, one person has been pardoned, and another is seeking a writ of actual innocence from the Virginia Supreme Court.

Virginia's 21-Day Rule Ignored by Hampton Judge: Frees Jailed Innocent Man

Thu, 14 May 2009 08:00:00 EST

In many states, newly discovered evidence of innocence can be taken years later to the same court in which an inmate was convicted so his name can be cleared.

However, that is not the case here. The Rules of the Supreme Court of Virginia provide that in all cases -- civil and criminal -- a trial court has only 21 days after verdict or final order to amend or vacate its ruling. After that time, the court has no jurisdiction over the case. The purpose of the rule is to "finalize" cases rather than have the issues being re-opened after a time, and this rule has been strictly maintained.

While that may work well for civil cases in which only money is at risk, when a person's life or freedom is at stake, the 21-day rule can prove harsh. For instance, a person convicted of a crime may not be aware of evidence that could prove his innocence until after the 21-day period has expired. In such a case, most judges would be bound not to hear further evidence or re-open the case. But, there are rare exceptions.

On September 10, 2007, in Hampton Circuit Court, Judge Louis R. Lerner tossed out the 2001 robbery conviction of Teddy P. Thompson. Hampton Commonwealth's Attorney Linda D. Curtis said that once officials learned Thompson was innocent, it was important to get him out of prison. "We did what we did to get him out," she said.

Although Thompson recently received a $250,000 compensation from the General Assembly, he remains convicted of the crime. Conceivably, he could be returned to prison to serve the remainder of his sentence.

Insurance Companies Are Fooling Government

Thu, 14 May 2009 08:00:00 EST

Examine your auto insurance company a little more closely!

The Washington Post reports that several have qualified for TARP funds to keep afloat. In other words, they are going to receive -- at our tax dollar expense -- federal funds to stay in business.

This seems very strange when insurance company claims agents are consistently "low balling" Virginia claimant's injured on I-95, I-64 and I-295! The insurance companies are saving money by delaying payouts to legitimate claims, and then telling the feds they will fail if they don't get help.

They're forcing injured people and their families to wait longer to be compensated for their injuries or wrongful deaths, and collecting daily interest on their investments to build their coffers and pay the people that operate them millions in yearly salary.

If you have been injured, or a family breadwinner killed, in an auto accident, retain an aggressive and experienced attorney to protect your rights.

Attorneys Challenge Use of Intoxilyzer 8000 in DUI Cases

Tue, 12 May 2009 08:00:00 EST

Two Florida attorneys are challenging their state's use of the Intoxilyzer 8000 breath testing device that is being brought into Virginia to replace the oft-criticized Intoxilyzer 5000 that has been in use for several years to prove a suspect's Blood Alcohol Concentration (BAC). They claim that the machine is inherently inaccurate, produces false readings, and that it should not be the basis for DUI convictions.

Because blood tests to determine a suspected impaired driver's BAC is no longer optional in Virginia, the Intoxilyzer 5000 test result has been the key piece of evidence used to convict in Virginia when the reading is 0.08 or higher. The margin of error for the Intoxilyzer 5000 is alleged to be "only" +/- 0.02, but the tests results have been acceptable in the courts. As a result of this inaccuracy, people whose BACs are 0.08 or 0.09 are being convicted of DUI even though their actual BAC may be lower than 0.08, such as 0.07 or 0.06.

Virginia State Police Statistics Disprove Link Between Drinking and Auto Accidents

Tue, 12 May 2009 08:00:00 EST

Traffic accident statistics compiled by the Virginia State Police (VSP) for calendar year 2007 (the most recent reporting period) dispel popular belief that alcohol is involved in most accidents.

Of the 145,405 auto crashes in that year, only 7,019 drivers out of 265,589 involved were deemd to have been "impaired." That is 2.9 per cent of the total crashes. The statistics for that year indicate that 97 percent of the drivers involved in crashes were not impaired by alcohol.

These percentages were consistent with those reported the previous year. Of 279,505 drivers involved in the 151,692 crashes reported in 2006, 7,392 drivers were impaired. Though the number of impaired drivers was higher than in 2007, the percentage of impaired drivers involved in auto accidents was 2.9 percent, and 97 percent of the crashes did not involve drunk drivers.

Play the Odds to Survive Traveling on Richmond's I-95

Tue, 12 May 2009 08:00:00 EST

The Virginia State Police (VSP) statistics for traffic accidents the past two reporting years illustrate some interesting facts about auto accidents in the Commonwealth in 2006 and 2007. Since Interstate 95 in and around Richmond becomes highly congested at times with travelers coming and going to from the far north and the the far south, to places in between, as well as local traffic to downtown Richmond, knowledge of the VSP factoids can help drivers be alert to the causes and take action themselves to avoid becoming a traffic fatality or injury statistic.

Surprisingly, for both years, drivers impaired by alcohol were involved in traffic accidents surprisingly little. Less than 3 percent of the drivers involved in auto accidents reported in each year involved were drunk.

Almost half (47%) of the accidents were merely that --- accidents --- involving no moving violations being issued to any of the drivers involved. However, 11 percent of the accidents involved one driver being cited for following too close, and over 8 percent involved drivers cited for failing to yield the right of way.

Accordingly, when traveling I-95, maintain a safe distance between your car and those in front and behind you. Be alert to cars changing lanes and yield to those entering or trying to exit their lane or the highway.

Confessions Hurt: Exercise Your Miranda Rights When Questioned by Police

Fri, 08 May 2009 08:00:00 EST

I've lost count of the cases I've personally handled or been told about from other Richmond and Virginia criminal defense attorneys that could have been won if the clients had not confessed to the police. Many times the police had no case at all but for the client's admissions or confession. It doesn't really matter what kind of criminal case is involved --- DUIs, DWIs, burglaries, sexual assaults, drug cases --- the client's confession can and usually will end his chances of an acquittal.

Miranda

A few months ago a client called and told me all the employees at her business were told that there was money missing and that the police wanted to talk to them about it. She was perfectly willing to do so until the officer said he wanted all of them to submit to a polygraph (lie detector test) so he could "find the guilty person!" When she asked the officer whether she had to take the polygraph, he told if she didn't he would assume she was the guilty person. She said she wanted to talk to her attorney first, which really got him upset.

After speaking to me I wrote the officer telling him that I advised my client not to take the polygraph --- and explained why -- and also told him my client would be happy to talk to him in my presence, and asked him to select a time and place for the interview. Though he called and chided me about not letting my client take the polygraph, he never scheduled her for an interview. Why? Probably because he realized it would be impossible to obtain the incriminating statements he wanted or hoped to get from her if she was being advised by an attorney at the time.

Therefore, take advantage of your right to have counsel present and do not answer questions about a crime until you have a lawyer there to advise you.
rights to remain silent until a lawyer is there for you did not just come into existence because some lawyer or judge thought it would be a good idea. Its origins stem from police misconduct and unfair tactics to pressure admissions (confessions) from occasionally completely innocent people. And it still goes on today, even in Virginia!!

Theft of Personal Data Triggers FBI Probe

Tue, 05 May 2009 08:00:00 EST

State and federal authorities are investigating a possible extortion demand that seeks $10 million for the safe return of more than 8 million patient records and 35 million prescription records that allegedly were hacked last week from the Virginia Department of Health Professions computers.

An extortion note posted on WikiLeaks, a Web site that publishes anonymous submissions and leaks of sensitive government and corporate information, reads:

"ATTENTION VIRGINIA I have your [stuff]! In *my* possession, right now, are 8,257,378 patient records and a total of 35,548,087 prescriptions. Also, I made an encrypted backup and deleted the original. Unfortunately for Virginia, their backups seem to have gone missing, too. Uhoh"

The note demands $10 million within seven days, but it does not say from what date the count began. Hackers apparently infiltrated the health professions' computers last Thursday.

M.A. Myers, a spokesman for the FBI's Richmond office, confirmed late yesterday that an investigation has begun. He said the FBI received a referral from the Virginia Information Technologies Agency.

The ransom-note writer said if the money isn't paid in seven days, "I'll go ahead and put this baby out on the market and accept the highest bid."

If the prescription data can't be sold, the writer says, then "at the very least I can find a buyer for the personal data" -- which the note says includes names, ages and Social Security numbers.

Drunk Driving News

Tue, 05 May 2009 08:00:00 EST

Think the apple doen't fall far from the tree? Check out this news item from Indiana.

An Indiana State trooper stopped a 19-year man for speeding and then arrested him for drunk driving after determining his blood alcohol content was 0.17%. Troopers contacted the man’s father, the county coroner, to retrieve the vehicle. When the father arrived, he too was arrested for Indiana DUI after registering a BAC of .10%. Father and son were both booked on charges of driving while intoxicated.

Nude DUI Arrests in Cornhusker State

Tue, 05 May 2009 08:00:00 EST

Where do you keep your wallet?

Around 6:00 pm on a Saturday in April, a caller contacted a State Patrol dispatcher to warn them of a reckless driver on Interstate 80, adding that the male and female in the car appeared to be naked.

Troopers were able to locate the vehicle and its naked 26-year-old male driver and his naked 26-year female passenger. The driver was arrested for driving under the influence in Nebraska and driving with a suspended license. The female was released -- hopefully after being given some clothes!

DUI Miscues

Tue, 05 May 2009 08:00:00 EST

He never paid me any rent.

Washington State Patrol Trooper Trevor Downey was heading home after his shift when noticed a vehicle driving 30 mph in a 50 mph zone. As he approached the vehicle, it turned into a driveway and parked in the garage. When the driver was asked what he was doing, the unidentified 31-year Yakima man said it was his home.

Unfortunately, the driver had selected Trooper Downey’s home and parked in the trooper’s garage. The driver was charged with DUI, adding to his three prior convictions.

Fri, 01 May 2009 08:00:00 EST

Should Teens Be Prosecuted for "Sexting?"

Fri, 01 May 2009 08:00:00 EST

Virginia law enforcement is joining the federal and international effort to fight child pornography by investigating instances in which teenagers -- some as young as 12 --- are using the technology their parents provide them to keep them safe from harm and help them broaden their learning in ways they find amusing, but may be fraught with severe consequences. We're talking mobile phones and digital cameras here.

"Sexting" is the transmission of obscene depictions of the human body, or obscene acts, using a cellular telephone." It is a very simple thing to do if you are handy with a cellular telephone, and have access digital camera, even one on a cell phone. Digital images uploaded from a camera can be sent via a cellular telephone to anyone with a camera phone.

This out-of-class "show and tell" is becoming commonplace among teenagers. Kids are sending nude photos of themselves or others (or of particular body parts) to friends. Why? Who knows! However, parents need to be aware of what their children are doing with their cell phones before the police get involved.

Henrico County police are investigating what they believe may be widespread "sexting" conduct by junior high school students. Once their investigation has concluded, they will turn over their findings to the Commonwealth's Attorney and let him decide whether to prosecute or not. However, this is not just a "local problem." Transmission of obscene images of persons under 18 years old is a federal crime!

Should Virginia Ban Smoking in Restaurants and Bars?

Fri, 06 Feb 2009 08:00:00 EST

The Richmond Times-Dispatch
By Staff Reports

Published: February 5, 2009

A bill to ban smoking in Virginia’s bars and restaurants cleared the House of Delegates General Laws Committee this evening by a 16-6 vote.

The bill will now go to the full House.

The committee action came on the same day that Republican House Speaker William J. Howell and Democratic Gov. Timothy M. Kaine reached agreement on the proposed legislation.

Flanked by a bipartisan group of lawmakers, Howell and Kaine discussed the legislation that would make exceptions for private clubs and restaurants with a designated smoking room that is physically separated and independently ventilated from non-smoking dining areas.

The bill would also exclude any permanent outdoor patio area of a restaurant, any portion of a restaurant used just for private functions and street-side mobile food stands.

Howell and Kaine cooperated to forge the agreement.

But legislators said the compromise did not include any guaranteed passage by the House, which has been hostile to anti-smoking bills. The bill will be carried by a Republican in the House and a Democrat in the Senate.

“The compromise strikes a fair balance between the rights of smokers who choose to enjoy a legal product and the rights of other individuals who want to enjoy a smoke-free environment when eating at a restaurant,“ Howell said this morning in a news conference.

Keenan Caldwell, director of government relations for the American Cancer Society of Virginia, said health groups had no role in crafting the proposed compromise. He said the groups were still reviewing the proposal.

“Our hope has always been something that protects the health of workers,“ Caldwell said. “At first glance, as you look at (the compromise), it doesn’t do that, and it is not really in the interest of public health, so that is a major concern of ours.“

But Sara Long, director of program services for the March of Dimes, said she was encouraged to see the state “taking baby steps to help the babies.“

David Sutton, a spokesman for cigarette maker Philip Morris USA, expressed skepticism.

“While this bill attempts to provide a compromse, we believe that some of the provisions go too far,“ he said. “It would impose significant costs in a very difficult economy on business owners that would like to accommodate smokers in their establishments.“

And some conservative grass-roots organizations were not happy with the deal.

Ben Marchi, with Americans for Prosperity, said about Howell, “The activists he will depend on this fall, many of whom are members of groups like ours, will not be pleased that he has caved to the advocates of big government, namely the governor.

“We feel it is unfortunate that the speaker has chosen to trust government to solve our problems rather than to trust consumers with the decision.“

If passed, the bill would make Virginia part of a growing list of states passing legislation to curb smoking in restaurants. Twenty-three other states, including Maryland, have passed bans on smoking indoors at bars and restaurants, as have the District of Columbia and Puerto Rico.

In Virginia, smoking was banned in all state buildings and vehicles under an executive order signed in 2006 by Kaine.

State legislators, in both chambers and on both sides of the aisle, proposed 14 smoking ban bills this year, according to Kaine’s office. In addition to that high interest, Howell said he thinks a compromise was forged this year because “both sides were willing to yield.“

The Senate backed total bans, including private clubs, Howell said, and the House was unwilling to adopt such a broad prohibition.

“You’re gonna tell a guy that fought at the Battle of the Bulge that he can’t have a cigarette with his coffee at the VFW club,“ Howell said. “You can’t do things like that.“

Under the legislation, violators would be subject to a fine of no more than $25.

The agreement follows the rejection earlier this week by legislators of a key component of Kaine’s budget-cutting plan involving tobacco—a 30 cent per pack hike in the tax on cigarettes. Kaine had hoped to raise $147 million with the tax, which he said would help prevent further cuts in Medicaid and offesty the $400 million or so it costs the state to treat smoking related illnesses under the program.

Second-hand smoke is responsible for an estimated 1,700 deaths per year, according to the Virginia Department of Health. In addition, the Campaign for Tobacco Free Kids estimates the Commonwealth spends $113 million a year on health care expenditures related to exposure to second-hand smoke.

How the bill will fare on the floor of the full House is uncertain.

“I’m never confident down here,“ Howell said. “I’m surprised very day.“

—Olympia Meola, Jim Nolan and Tyler Whitley,

Nigerian Internet Scams Can Be Detected

Fri, 30 Jan 2009 08:00:00 EST

One of my clients has, over the past week, given me two unsolicited e-mails he received and asked me to check out. Both were obviously Nigerian scams. The first purportedly was from a British soilicitor at a London law firm. The law firm does exist, and on its website disavowed any connection to the scheme.

The second e-mail asked him to e-mail certain personal information to a manager at "FedEx Express" in Benin (an African country, I think) so he could collect $1.5 million that was been held for him at that facility. I Googled "FedEx Express" and found it on a site called crime-online. The link is http://crime-online.info and appears to be a bulletin board of sorts to report such shenanigans.

Google Earth Helps Swiss Police Find Pot Farm

Thu, 29 Jan 2009 08:00:00 EST

Add Google Earth to the arsenal of crime detection weapons!

On January 29th, Swiss police revealed they stumbled upon a marijuana-growing plantation using Google Earth, the search engine company's satellite mapping software. Hidden inside a field of corn, the marijuana production area measured approximately 2 acres.

As part of a larger investigation begun last year, police were using the software to locate two farmers suspected of participation in the distribution ring, and the growing field was discovered. Sixteen people have been arrested in connection with the police investigation, and more than a ton of marijuana valued at three-quarters of a million dollars was seized.

Man Accused of Making Drug Deal at Police Station

Thu, 29 Jan 2009 08:00:00 EST

An unidentified 24 year old man who was on probation for an attempted robbery conviction apparently is not too swift. The Associated Press reports that the man was speaking on his cell phone in an Everett, Washington police station toilet stall trying to make a drug sale. A plain clothes officer using the facilities overheard him. Upon further questioning, the man admitted trying to sell drugs and turned over his "inventory" to the police. He was jailed on charges relating to drug posssession with intent to distribute.

VCU Police Chief Arrested in Chesterfield Internet "Sting"

Thu, 29 Jan 2009 08:00:00 EST

Mark Bowes and Karin Kapsidelis
Richmond Times-Dispatch
Janaury 29, 2009

Virginia Commonwealth University Police Chief Willie B. Fuller has been arrested in an online sting operation in Chesterfield County and charged with soliciting sex from a 14-year-old girl, police said today.

Police said Fuller, 50, was arrested last night at his home in the 9000 block of Meadowfield Court in Henrico County. He was charged with two counts of using a computer to solicit sex from a minor and two counts of attempted indecent liberties with a minor.

His arrest resulted from a sting operation that involved undercover detectives going to online chatrooms or other Internet sites popular with juveniles. The detectives then create fictitious posts and pose as minors.

Although police declined to provide more specific information in this case, meetings are usually arranged between the detectives and the people with whom they communicate, most of whom are seeking sex.

Chesterfield Police Maj. Dan Kelly said Fuller clearly believed he was communicating with a 14-year-old girl.

"I’m not sure which [Internet] medium the detective was using at the time it occurred," Kelly said. "But it was part of our ongoing online efforts in these areas. When time permits, our detectives trained in this area will utilize their time and go online."

Kelly declined to say when Fuller made contact and over what period of time.

"We’re going to wait to talk more about the investigation at a later time," he said.

Fuller is being held without bond in the Chesterfield Jail pending a pre-trial hearing this afternoon in Chesterfield Juvenile and Domestic Relations District Court.

VCU suspended Fuller without pay and appointed Carlton Edwards, a VCU police captain, as interim chief.

"We've taken action," said VCU Rector Thomas Rosenthal. He said he received a call from university President Eugene Trani this morning about the arrest.

"We regard this situation as extremely serious," Trani said in an alert sent to member of the campus community. "We have taken aggressive action to address it, and we will cooperate in all appropriate ways with the Chesterfield County Police investigation."

Fuller came to VCU as police chief in 2000 from Virginia State University, where he was also police chief, said John M. Bennett, VCU senior vice president for finance and administration. Fuller also previously worked for VCU police.

Bennett said VCU instituted criminal background checks on all employees at some point after Fuller was hired, but he said he knew of no complaints against him.

He also said he did not know if any VCU computer equipment had been taken by Chesterfield police from Fuller’s home. Bennett said VCU did not plan its own investigaton.

Chesterfield Police Chief Thierry Dupuis notified VCU officials this morning of Fuller’s arrest, Bennett said. The board of visitors was notified and about 30 minutes later VCU President Eugene Trani alerted the university community by e-mail.

Bennett said Edwards, the acting chief, had been with VCU for 24 years and was the most senior captain on the force, which has 82 officers. Bennett said he met with the officers this morning and "they are stunned and shocked, as we all are."

But he said there will be an orderly transfer of power. Edwards had filled in as chief previously when Fuller was on medical leave.

Fuller was an art student at VCU in the 1970s and worked as a student security officer. In a 2003 interview with The Times-Dispatch, he said it was from that experience that he found that he liked police work.

Mother Charged With Child Endangerment and DUI

Wed, 28 Jan 2009 08:00:00 EST

By Mark Bowes, Richmond Times-Dispatch

Published: January 28, 2009

A Chesterfield County mother accused of driving drunk with her 9-month-old son unbelted in his child-safety seat has been indicted on a felony child-endangerment charge.

A Chesterfield Circuit Court grand jury returned the indictment Jan. 20 against Daphne N. Holt, 25, who also is charged with driving while intoxicated for a third time since December 2003.

Authorities say Holt was stopped Oct. 10 about 9:30 p.m. at Hull Street and Winterpock roads after a police officer observed her driving erratically on Woodlake Village Parkway. She failed a sobriety test and was charged with felony drunken driving, because it was her third such offense.

The officer found Holt's infant son unbuckled in his child seat, which wasn't secured to the seat of her car, Chesterfield police Lt. Randy Horowitz said.

The officer also determined that Holt was driving on a suspended driver's license, which had been revoked for three years after her second drunken-driving conviction two years ago.

Holt was fined $250 and sentenced to six months in jail, all suspended, for her first DUI conviction in February 2004, and fined $500 and sentenced to six months in jail with five months and 10 days suspended for her second DUI conviction in December 2006, according to court records.

Holt also has numerous convictions for speeding, reckless driving, driving on a suspended license, failing to follow court instructions and being in contempt of court, records show.

She is scheduled to appear March 5 in Chesterfield General District Court on the felony DUI charge. A Circuit Court trial date has not been set in the child-endangerment case.

More Details Surface in Death of Henrico Infant

Wed, 28 Jan 2009 08:00:00 EST

By Bill Mckelway, Richmond times-Dispatch

Published: January 28, 2009

Henrico County authorities revealed yesterday that the only gun taken from a Watts Lane home where a 2-year-old boy supposedly shot himself Sunday was a .22-caliber rifle.

Henrico police and Commonwealth's Attorney Wade Kizer declined to add further details about items recovered from 1904 Watts Lane on Sunday night or about how Kristofer Jefferson suffered a fatal bullet wound there.

Kristofer was one of eight children age 14 or younger living at the small home with their mother and grandmother. At least two other adult males were in the home at the time of the shooting, sometime before 5 p.m.

The grandmother, Denise M. Jefferson, 57, is being held without bond on a felony child-neglect charge and a misdemeanor charge of keeping a loaded weapon within reach of a child.

Adults in the home on Sunday, including Denise Jefferson, told police the children found a gun in the backyard and that sometime later one of the children reported that Kristofer had shot himself.

Denise Jefferson declined to call police, she told investigators, because "the police would not help." Some members of the family have a history of encounters with law-enforcement officers.

Kristofer died about six hours after the shooting at VCU Medical Center, where he had been taken by a male occupant of the home, according to a search-warrant affidavit.

Kizer declined yesterday to comment directly about the likelihood of a 2-year-old child being able to shoot himself with a rifle, saying only that the rifle was the only weapon found inside the home.

Contents of a search warrant made public yesterday also show that police confiscated a pit bull, three boxes of .22-caliber cartridges, a single .22-caliber casing, a bullet, a jacket with a red stain, and a plastic bag of 7.62-caliber cartridges.

State Police Captain Has Hearing Date Set

Wed, 28 Jan 2009 08:00:00 EST

By Staff Reports, Richmond Times-Dispatch

Published: January 28, 2009

A March 24 preliminary hearing was set yesterday for a Virginia State Police captain charged with forcibly sodomizing a juvenile girl more than five years ago.

Capt. Edward L. Hope Jr., 52, made a brief video appearance yesterday in Chesterfield County Juvenile and Domestic Relations District Court via closed-circuit television from the county jail. Defense Attorney Michael HuYoung told the court he had been retained by Hope's family to represent him.

HuYoung did not seek to have Hope released on bond, so he remained incarcerated last night. Hope, a 30-year state police veteran, was arrested at department headquarters Monday. He is accused of sodomizing a girl younger than 13 between September 2002 and September 2003.

Hope has been placed on administrative leave without pay pending the outcome of the case. Until his arrest, he was commander of the department's Information Technology Division.

Doctor Loses Medical License

Wed, 28 Jan 2009 08:00:00 EST

By Elizabeth Simpson
The Virginian-Pilot
© January 28, 2009

Dr. Stephen Plotnick, a Virginia Beach physician accused of contributing to a series of patients' deaths by improperly prescribing and monitoring powerful painkillers, has agreed to surrender his medical license for at least two years.

In a consent order filed with the Virginia Board of Medicine on Tuesday, Plotnick also agreed that if he wants his license reinstated, he will be required to go before the board to prove his competence and he will not be allowed to treat chronic-pain patients.

Plotnick had been scheduled to appear before the board today for a formal hearing about the status of his license, which was suspended Aug. 6. He agreed to the consent order in lieu of the hearing.

"Given the adverse publicity surrounding the anticipated hearing, and not wishing to subject his family to any further public scrutiny, he decided that the Consent Order would represent a compromise between what he wanted and what the Board might seek," his attorney, Michael Goodman, said in an e-mail Tuesday.

The board can take a variety of actions against a doctor, including revoking a license, suspending it, requiring corrective action, issuing a reprimand or monetary penalty, or placing limits on a practice.

Plotnick, who has practiced in Virginia since 1993, treated thousands of local patients for chronic pain. He specialized in fibromyalgia, a little-understood disorder characterized by widespread pain and heightened sensitivity to touch. He was known for his aggressive treatment and often prescribed powerful narcotics.

In addition to the Board of Medicine's complaints against him, Plotnick has been named as a defendant in six malpractice lawsuits, one of which has been settled.

The board alleged that Plotnick failed to document treatment plans and repeatedly renewed prescriptions without examinations.

He also was accused of neglecting to require written contracts with his patients who were taking narcotics and not dismissing patients for noncompliance. He continued to prescribe medications even though patients had exhibited suicidal thoughts and after family members told him that their relatives were overmedicated.

The board's records detail the deaths of five patients between 2004 and 2008 from overdoses or toxic mixtures of drugs prescribed by Plotnick. In one case, a patient came to his office, "confused, falling down, exhibiting slurred speech, was 'zombie-like' and complained that all she did was sleep."

That patient died later the same month from a combination of drugs Plotnick had prescribed.

"I neither admit nor deny the truth of the above Findings of Fact, but agree not to contest the above findings in any future proceeding before the Board," Plotnick's consent order reads.

He is required to notify all his patients of his suspension, as well as any hospitals or health insurance companies he does medical business with.

The order notes that Plotnick already has taken action to get more education on pain management and record keeping. He completed a three-day seminar in August on "boundary violations and accountability" in New Jersey.

He also attended a two-day seminar in October on interpersonal skills and improving communication with patients.

Goodman said there were numerous patients, friends and colleagues who were supportive and willing to testify on Plotnick's behalf at the formal hearing.

"He is a very compassionate man who, despite the pejorative allegations, truly cares about his patients," Goodman wrote in his e-mail. "While a Board hearing would have given him the opportunity to articulate his position on pain management and treatment in general, and specific to each case, he recognizes that the use of controlled substances to treat chronic and oftentimes intractable pain is both controversial and often misunderstood."

A message left on Plotnick's home telephone Tuesday was not returned.

Some former patients have said he saved them from years of debilitating pain and his prescriptions helped them live normal lives. One comment on an online chat group read, "He truly cares, he listens, he works with you."

Former Inmate Sues Portmouth

Wed, 28 Jan 2009 08:00:00 EST

By Janie Bryant
The Virginian-Pilot
© January 27, 2009

PORTSMOUTH

A former City Jail inmate who lost his foot after an accident that occurred while he was on a work crew is suing the city and the employee who was driving one of its trucks.

William A. Smith alleges that he was stepping off of one of the city’s waste management trucks in August of 2007 when the driver unexpectedly drove off, causing him to fall.

The lawsuit states that the truck ran over Smith’s lower right leg. He is seeking $750,000 in damages. The incident happened at Long Point Boulevard and Sailfish Street, according to the legal complaint. The lawsuit names the City of Portsmouth and the driver, Maurice Riddick.

Smith was hospitalized at Bon Secours Maryview Medical Center for nine days, according to an incident report, said Lt. Karin Johnson, a spokeswoman for the Portsmouth Sheriff’s Office.

Smith’s attorney, Neal C. Schulwolf, said none of his medical bills have been paid.

Johnson said Smith was transferred to the Hampton Roads Regional Jail because it is better equipped to handle medical issues.

He is currently in the regional jail time serving time on trespassing charges and probation violation.

Sheriff Bill Watson said recently that work crews no longer help with garbage collection and other city jobs. Watson objected to deputies being left out of the city’s effort to raise the pay of public safety officers.

Adopted Daughter Allowed to Inherit from Biological Father's Estate

Wed, 28 Jan 2009 08:00:00 EST

A decedent’s biological daughter, adopted in Pennsylvania at age two by her stepfather, can inherit from decedent, who died intestate, a share of his personal property and of real property he owned in Virginia at the time of his death, a Prince William Circuit Court says.

Although the biological daughter would not have been allowed to inherit under Pennsylvania law, under Virginia's laws of intestate distribution, she did qualify as her natural father's heir, and therefore was entitled to share in his intestate estate along with her biological half-siblings.

Service of Legal Notices In Cyberspace a Coming Trend?

Wed, 28 Jan 2009 08:00:00 EST

In an apparent first in Australia and, possibly, the world, a judge has OK'd a plan to serve a default judgment on a non-appearing defendant via a social networking website.

Although service previously has been allowed by e-mail and text message, a master of the Supreme Court of the Australian Capital Territory has gone a step further into the Internet world by allowing a default judgment to be served on Facebook, reports the Sydney Morning Herald.

The court okayed the Facebook approach, a Herald Sun article explains, after all other efforts failed, according to attorney Mark McCormack, who represented the creditor side in the mortgage foreclosure case.

"The Facebook profiles showed the defendants' dates of birth, email addresses and friend lists--and the co-defendants were friends with one another," he tells the Herald Sun. "This information was enough to satisfy the court that Facebook was a sufficient method of communicating with the defendant."

To convince the court to try Facebook, the plaintiffs had to show that no other method of service would work, and that the Facebook effort was reasonably likely to succeed, he says.

"Australian courts are regarded as being amongst the most technologically advanced in the world, and this innovation goes to further that claim," the Sydney Morning Herald writes.

Supreme Court Clarifies When Police Pat-Down of Car Passengers is Permissible

Tue, 27 Jan 2009 08:00:00 EST

Posted Jan 26, 2009
By Debra Cassens Weiss, ABA Journal

A police officer who has a reasonable suspicion that a car passenger is armed and dangerous may conduct a pat-down search without violating the Fourth Amendment, the U.S. Supreme Court has ruled.

Writing for a unanimous court, Justice Ruth Bader Ginsburg said police officers involved in lawful traffic stops need not have a belief that the passenger is involved in criminal activity before conducting a search, the Associated Press reports. The frisk is permissible if the police "harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public," according to the opinion (PDF).

At oral arguments, Justice David H. Souter had questioned whether the reasonable suspicion standard would support just about any pat-down. He asked whether officers could frisk anyone who “looks like trouble.” He did not file a dissent, however.

The case is Arizona v. Johnson. It may be viewed by clicking on the link below.

O'Malley Seeks Changes In DUI Laws, Driving Age

Tue, 27 Jan 2009 08:00:00 EST

By John Wagner, The Washington Post, January 27, 2009

Maryland Gov. Martin O'Malley proposed legislation yesterday that would delay a teenager's ability to get a driver's license by three months, impose tougher sanctions on drunk drivers and expand unemployment insurance to part-time workers laid off amid the economic downturn.

The legislation was among more than 20 "administration bills," most involving little or no cost to the state, that O'Malley (D) pledged to push in the current cash-strapped General Assembly session. Bills similar to several of the initiatives have died in previous sessions.

At an afternoon news conference, the governor also reiterated support for other measures he has said will be part of his agenda this session, including repeal of Maryland's death penalty; additional measures to protect domestic violence victims from guns; and new safeguards against surveillance activity by the Maryland State Police.

"These are common-sense initiatives that protect the progress we have made, continue to improve public safety in every community and every home in our state, and provide vital resources and assistance to Maryland families struggling to make ends meet during this national recession," O'Malley said.

The package introduced by O'Malley include several measures that will probably sail through and others whose outcome is far from certain. Repeal of the death penalty is likely to generate some of the most spirited debate of the session, and several bills favored by labor unions are expected to draw opposition. One would allow unions to collect fees from workers they represent in collective bargaining, even if the worker is not a member of the union. Similar measures have failed in the past.

The proposed restrictions on young drivers include pushing back the timetable for obtaining driver's licenses. A person would have to be 16 years old to obtain a learner's permit, instead of the current 15 years and 9 months. A full "graduated" license would not be available until the age of 18, instead of 17 years and 9 months.

The bill would also place an 11 p.m. restriction on nighttime driving by those younger than 18, instead of the current midnight curfew. Several tougher penalties are included for under-18 drivers cited for moving violations. A number of bills to further restrict teen drivers died last year after opposition from lawmakers who said such decisions should be left to parents, not the government.

The legislation targeting drunk drivers would implement some recommendations of a state task force, including a mandatory one-year suspension of a driver's license for anyone convicted more than once during a five-year period for alcohol- or drug-related violations.

State Police Captain Arrested on Morals Charge

Tue, 27 Jan 2009 08:00:00 EST

By Reed Williams

Published: January 27, 2009

Capt. Edward L. Hope Jr. is accused of forcibly sodomizing a girl in 2002 or 2003.

A Virginia State Police captain was arrested yesterday at department headquarters and charged with forcibly sodomizing a young girl more than five years ago, authorities said.

Capt. Edward L. Hope Jr. was arrested at work in Chesterfield County about 2 p.m. after an investigation by state police and Chesterfield prosecutors, said state police spokeswoman Corinne Geller.

Hope, 52, joined the state police in 1979. Until his arrest, he was division commander of the Information Technology Division and was assigned to the agency's headquarters in Chesterfield.

He was promoted to captain in March 2007.

Hope was placed on administrative leave without pay. As is standard procedure, an investigation will be conducted by state police internal affairs after the criminal probe is finished.

The arrest warrant describes the female as younger than 13 at the time of the alleged offense, which a Chesterfield sheriff's official said occurred between September 2002 and September 2003. Additional details about the case were not available.

Chesterfield Commonwealth's Attorney William W. Davenport said he was not familiar with specific details of the case and referred questions to prosecutor Duncan Minton. He couldn't be reached for comment.

"An investigation into this matter was initiated as soon as the allegation was brought to the attention of the department," state police Superintendent Col. W. Steven Flaherty said in a news release.

"To have a state police employee, especially an individual of rank, charged with a crime of this nature is most disturbing and disappointing."

Hope has a court appearance set for today at 2 p.m.

Investigation Continues in Shooting Death of Henrico 2 Year Old

Tue, 27 Jan 2009 08:00:00 EST

By Bill Mckelway,
Richmond times-Dispatch

Published: January 27, 2009

Henrico County police say they are carefully assessing witness statements in Sunday's shooting death of 2-year-old Kristofer L. Jefferson, whose grandmother was ordered held without bond yesterday.

"We are trying to determine exactly what happened and are not certain at this point that we know for a fact what did happen," said Henrico police Lt. Doug Perry, who stressed that forensic evidence in the case is critical.

Denise M. Jefferson, a widowed 57-year-old, asked for a court-appointed lawyer yesterday at a brief court appearance, saying she has no job and cares for eight grandchildren in the one-story home she owns in the 1900 block of Watts Lane.

Jefferson, who was arrested Sunday night, is charged with felony child neglect and with a misdemeanor count alleging that she permitted a loaded, unsecured weapon to endanger a child. She faces a preliminary hearing April 13.

Kristofer Jefferson died Sunday about 11 p.m., about six hours after he was transported by a family friend from the Watts Lane home to VCU Medical Center, police said.

He had been shot in the head, according to police, who declined yesterday to provide further details about the nature of the wound or about the weapon involved.

About a half-dozen family members attended Jefferson's video appearance in court yesterday and angrily refused to talk to reporters afterwards, at one point cursing television crews.

A search warrant made public yesterday that is based on statements from three adults who were in the Watts Lane house, including Denise Jefferson, alleges that the 2-year-old found a gun in the backyard with "the kids" and then brought the gun inside.

While adults were watching a movie, another juvenile "exited another room and told those there that the victim had shot himself," the warrant says.

Denise Jefferson, according to the search warrant, "stated she did not know what happened" and did not call the police, stating "that the police would not help."

It was unclear yesterday who the parents of the deceased child are or whether they were present at the time he was shot.

Recorded Jailhouse Phone Calls Challenged

Tue, 27 Jan 2009 08:00:00 EST

Posted Jan 26, 2009, 06:47 pm CST
By Martha Neil

A California public defender reportedly is using a novel constitutional argument to support his contention in a state-court lawsuit that the local district attorney's office is unfairly listening into conversations on public jailhouse telephones to gain information about criminal cases.

Although such eavesdropping has withstood Fourth Amendment challenge, Contra Costa County Public Defender David Coleman is arguing that it violates the Sixth Amendment. The practice, he contends, does an end run around defendants' right to legal counsel by, in effect, contacting a defendant who is known to be represented by legal counsel, according to the Contra Costa Times.

Under a five-year contract between the county sheriff's office and a private Alabama-based company, the company not only digitally records and stores pay telephone calls but pays the sheriff's office $4.2 million. (In return, the company gets all the revenue from the pay phone calls.)

Meanwhile, the sheriff's office reportedly is sharing the digital technology with the district attorney's office, allowing prosecutors to search phone records quickly for information about a specific case. Because the pay phones are located in county jails, many of those making calls discuss criminal cases.

Coleman calls the practice not only unconstitutional but a violation of state wiretapping laws and attorney ethics rules, the newspaper says. The DA's office says his lawsuit is groundless.

"I like the Sixth Amendment argument here—it's a very new twist," Jack King of the National Association of Criminal Defense Lawyers tells the newspaper. "I've been following jailhouse recording challenges for a long time and this is the first time I've seen this argument aimed at the practice itself. It's brilliant."

An oral argument is scheduled Thursday.

Two Pennsylvania Juvenile Court Judges Enter Guilty Pleas in Federal Corruption Probe

Tue, 27 Jan 2009 08:00:00 EST

Posted Jan 26, 2009, 05:45 pm CST
By Martha Neil

Two judges in Luzerne County, Penn., have reportedly agreed to plead guilty and resign from office in an ongoing federal investigation of $2.6 million that authorities say the judges were paid between 2003 and 2007 concerning local juvenile detention facilities.

Under the plea bargain, Judges Mark Ciavarella Jr., 58, and Michael Conahan, 56, have also agreed to 87-month prison sentences, says U.S. Attorney Martin Carlson of the Middle District of Pennsylvania reports the Times Leader. Ciavarella is the county's president judge, and Conahan is a retired senior judge who still hears cases there and elsewhere.

As detailed in another Times Leader article today, the two are accused by Carlson of "engaging in a scheme to defraud the public of their honest services and with conspiring to defraud the Internal Revenue Service."

According to the Associated Press, authorities say the two jurists took $2.6 million in kickbacks in exchange for steering juveniles into specific detention facilities. After a new juvenile detention facility was opened, "the county's annual spending on juvenile placements spiraled from $2.7 million in 2002 to $7.3 million in 2004," the news agency writes.

"Carlson further alleged Ciavarella and Conahan pressured the Luzerne County Juvenile Probation Department and juvenile probation officers to detains juveniles at the detention center, despite recommendations by juvenile probation officers that detention was not warranted," the newspaper writes.

An attorney for Ciavarella says his client will not admit to all of the allegations made in the case against the judge, another Times Leader article notes.