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Ritchie will serve 20 years in death and injuries inflicted to toddler twins

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Chad Ritchie’s RSW Jail mug shot at time of arrest November 2017 – Courtesy Photo RSW Jail

After four hours of pre-sentencing testimony and arguments on Friday afternoon, Chad Ritchie was ordered to serve 20 years of a 55-year sentence imposed by Warren County Circuit Court Judge Clifford L. “Clay” Athey in the death of one, and beating of a second 22-month-old twin child in November 2017.

Ritchie, 28 at the time of his November 2017 arrest, entered Alford guilty pleas on the second day of his December 2018 trial on four charges stemming from the death of 22-month-old toddler Malachi Zimmerman and for non-fatal injuries inflicted to Malachi’s twin brother Micah on November 8, 2017. Ritchie was watching the children of his then girlfriend Tabitha Zimmerman at Zimmerman’s parents’ home where they shared a residence, while Zimmerman was on night-shift at Rubbermaid where both she and Ritchie worked and had met.

Following his choice to enter Alford guilty pleas to a charge of second degree murder in the death of Malachi; malicious wounding of Micah; and one count of endangerment of each child, Ritchie faced guidelines ranging from 15 years of actual incarceration on the low end to a high end of 20 years in prison, with a mid-range of 17 years. In an Alford plea a defendant admits the prosecution has enough evidence to convict without admitting guilt.

Asked by the judge if he had anything to say prior to sentencing, Ritchie hesitated before quietly saying, “No.”

The defense contended the cause of Malachi’s death was not being struck by Ritchie, but rather by a large and panicking man incorrectly administering CPR (Cardio Pulmonary Resuscitation) when he discovered Malachi unconscious and unresponsive in a bedroom where he left him to prepare a bath for the child after his earlier admitted striking of the children.

During Friday’s sentencing hearing defense attorney Jason Ransom reiterated his trial contention that the 6-foot-plus, 220-pound Ritchie had administered CPR as one would to an adult, with two hands and two arms thrusting fully at the abdomen of the child. After being treated by Warren County Fire and Rescue at the scene and in transport to Warren Memorial Hospital, Malachi Zimmerman was pronounced dead at the hospital. Cause of death was determined to be cardiac arrest brought on by internal bleeding from a ruptured intestine that flooded the child’s stomach cavity. See Related Story:

Toddler death defense – ‘a horrific accident’ – prosecution ‘Really?’

However, Layton countered that Ritchie claimed to be and apparently was certified in the administration of CPR – and that someone certified in CPR would not have made such a mistake.

“He was trained … he should have done better but he was freaking out,” Ransom told the court of the adult level of force he contended his client used in trying to revive a 22-month-old child.

A later RSW mug shot from December 2018 illustrates Chad Ritchie’s appearance for trial. Ritchie was wearing jail clothes from another facility (NRADC) during Friday’s hearing. Courtesy Photo RSW Jail

At trial in December and again during the March 22 sentencing hearing the defense attempted to portray Ritchie as a loving father figure to the children who had one terrible lapse of anger management leading to an uncharacteristic outburst of physical violence against the twins.

“That particular day a parent (figure) who because he was overwhelmed … he lost his cool – when someone that size loses it, this is where we are. That child is gone forever and when Mr. Ritchie gets out of prison he will have to live with that,” defense counsel Ransom told the court.

“This has crushed him; this has crushed his spirit … what he did was wrong and he’s got to pay for it – the question is how hard,” Ransom asked. “I don’t think the court needs to teach him not to do this again. We would agree to 20 years if it repeatedly happened. But I think this was a one-time occurrence. This was the worst day in everyone in this family’s life. We ask for 15 to 17 years,” Ransom concluded in seeking a lower to mid-range time of incarceration.

However, Assistant Commonwealth’s Attorney Bryan Layton countered that the court should weigh the impacts on the real victims, Malachi and Micah, their mother and grandparents, rather than how Ritchie might be impacted by a few additional years behind bars.

As to Ransom’s question on how harsh a sentence his client should receive, for maternal grandmother Rosemary Zimmerman, who with husband Daniel is raising the surviving twin pending resolution of related charges against their daughter, the answer was harsh. In the day’s most emotional testimony Rosemary Zimmerman described the impact on the family.

“I was the last one to see him (Malachi) when he was carried up to the ambulance. You could tell he was dead. He was way past the color for normal … it happened in our house … they thought we were involved in this sickness,” she told the court, voice rising, starting to cry.


“The guy admitted he killed the baby and we’re suffering for it. I can’t see my daughter; and the kids (Micah and a half sister) can’t see her because of a court order against her … Malachi was dead before he got CPR,” his grandmother told the court.

Then turning toward Ritchie at the defense table, voice rising, Rosemary Zimmerman yelled, “You killed him!!! Give him the max; I don’t even know what it is at this point.”

Mitigation witnesses for the defense included Ritchie’s parents, siblings and friends who all described the defendant as good around children, including the twins from their experience. They also referenced Facebook photos appearing to indicate a positive relationship between Ritchie and the twins posted prior to the tragedy.

However, prosecutor Layton pointed to evidence, including the defendant’s own verbal and written interviews with authorities in the wake of Malachi’s death and his brother Micah’s treatment for injuries at the hospital the night of November 8, 2017.

“He was so upset the kids weren’t behaving the way he wanted them to that he took cigarette breaks to try and calm down,” Layton told the court. He pointed to the defendant’s description of events indicating that Malachi had lain down and cried for 10 minutes after being struck by Ritchie one of the earlier of three times the defendant admitted to hitting the child. Upset by that continuous crying, Ritchie returned to again strike the child, choking and body slamming him, Layton said, “Then he stopped crying – how hard to you have to hit a child to stop him from crying like that,” Layton asked the court.

“He (Ritchie) tried to minimize it from the outset,” Layton said of the defendant’s portrayal of events. “The defense says he was panicking. But look at the text he sent Tabitha Zimmerman – what does he tell her, ‘Get your ass home – we have a problem.’

“A dead child is not a problem; a dead child is a tragedy. He deserves far more than 20 years,” Layton told the court of the sentencing guidelines.

Noting the defendant’s age, Judge Athey observed that unlike Malachi Zimmerman “Mr. Ritchie will get a second chance” when he is released around age 50.

Following his sentencing of Ritchie, Athey set Monday for a pre-trial hearing on charges the twins’ mother faces related to the case. A three-day trial has been set for April 8-10 for Tabitha Zimmerman, 29, on two counts of cruelty and injuries to children revolving around the prosecution theory that the violence of November 8, 2017, was a culmination of a pattern of abuse by Ritchie that the mother was aware of and allowed to continue.

Her attorney John Bell was a spectator at both Ritchie’s trial of December 10-11 and Friday’s sentencing hearing. Bell agrees with the Ritchie defense team on one aspect of the case, that older bruises found on the twins were a result of the toddler’s active lifestyle, horseplay and rough housing with each other, rather than a long-term pattern of physical abuse by Ritchie, at least any pattern of behavior the children’s mother was aware of.

Tabitha Zimmerman at time of her arrest on charges she failed to act on indications of a pattern of abusive behavior by her boyfriend toward her children. Courtesy Photo RSW Jail

Crime/Court

Chicago Man Arrested After High-Speed Pursuit on I-81 in Virginia, Charged with Assault and DUI

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A Chicago man is in custody after fleeing from law enforcement on Saturday (May 4). Marco A. Cruz-Monroy, 27, faces multiple charges in Frederick County, including assault on a law enforcement officer and driving under the influence of drugs (DUI/DUID).

Around 9:45 a.m., motorists on I-81 reported a Dodge pickup driving recklessly, with objects being tossed from the vehicle. Virginia State Police located the truck near the 304-mile marker and attempted to stop it for reckless driving. Despite initially slowing and moving to the shoulder, the truck sped off, prompting a pursuit.

During the chase, the Dodge intentionally rammed a trooper’s vehicle, forcing it off the road. The pursuit continued to the Exit 315 ramp, where Cruz-Monroy’s truck struck a civilian vehicle, causing both vehicles to crash. Cruz-Monroy then barricaded himself in his truck, refusing to comply with commands before eventually surrendering.

While being evaluated by EMS, Cruz-Monroy became combative and bit a trooper, who suffered minor injuries and was treated at Winchester Medical Center. Cruz-Monroy is now in custody at Northwest Adult Detention Center, held without bond, with additional charges pending.

No civilians were injured during the chase or the crash.

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Crime/Court

McDonald Criminal Convictions Sentencing Hearing, Part 2, Set for Late May

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In the wake of the April 9, Part One Sentencing Hearing of former Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald, the website court calendar of the 10th Western District of Virginia has finally posted a date for Part Two of that hearing. That date is Wednesday, May 29, 2024, on the 10 a.m. docket in the Harrisonburg federal courthouse where McDonald was convicted of 30 criminal counts related to the FR-WC EDA “financial scandal” circa 2014 to 2018. Those who have followed that story since it began unraveling, including on these pages from the fall of 2016 to late 2018, will recall an estimated $26-million in EDA assets was moved to unauthorized or what is now believed to be fraudulently presented uses. Trial testimony indicated McDonald moving about $6.5 million to her personal use unauthorized by the then EDA Board of Directors.

As reported in our coverage of that April 9 hearing, Part Two will hear Judge Elizabeth K. Dillon’s rulings on a number of objections filed by both the prosecution and defense counsels to the precedence of evidence submitted by the other side in written summaries to the court leading up to the April 9th start of McDonald’s sentencing hearing. Also argued on April 9 were “Forfeiture” of defendant McDonald assets, “Restitution”, and “Special Conditions” being sought at sentencing from both the prosecution and defense. While Judge Dillon ruled on a number of these objections on April 9, she took some under advisement, seeking written support from both sides to their motions arguments.

The federal courthouse in Harrisonburg, where final pre-sentencing arguments will be heard on May 29. At that Part 2 hearing, a date will be set by Judge Dillon for Part 3, when Jennifer McDonald is expected to be sentenced from 6 to 22 years in prison on her jury convictions on 30 criminal counts related to the estimated $26-million EDA ‘financial scandal’ during her executive director leadership. Royal Examiner File Photos Roger Bianchini

In addition to those rulings, prosecution and defense counsel are expected to make final arguments in support of their sentencing proposals, and Judge Dillon will set a date for Part Three of the Sentencing Hearing. Part Three is when the 47-year-old McDonald is anticipated to find out the court’s ruling on arguments for relative leniency to prison sentencing guidelines, six years, by her legal team versus the prosecution’s high-end request. The prosecution is seeking a 22-year sentence with 24 months sought for an Aggravated Identity Theft conviction of McDonald regarding the use of Truc “Curt” Tran’s name in one involved “financial scandal” real estate transaction, tacked on to a total of 240 months (20 years) being sought on McDonald’s other 29 convictions on fraud and money laundering counts.

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Major Online Child Protection Operation Nets Arrest in Warren County

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In a crackdown on internet crimes against children, the Warren County Sheriff’s Office, in collaboration with the Northern Virginia/DC Metro Internet Crimes Against Children (ICAC) Task Force, has announced the arrest of Steven C. Sherman, a 57-year-old man from Inwood, WV. This arrest is part of a broader effort to combat the online solicitation of minors in the region.

Name: Steven C. Sherman – Description: 6’06” white male, blue eyes, and red hair – Address: Inwood, WV – Felony Offenses:
§18.2-374.3. Use of communications systems to facilitate certain offenses involving children. (x3 counts) Photo Courtesy of Eastern Regional Jail

The operation, which began covertly on February 28, 2024, involved undercover officers posing as minors online to identify and apprehend individuals attempting to exploit children. Mr. Sherman reportedly initiated unsolicited contact with an investigator who was posing as a juvenile under the age of 15. Over the course of their communications, he allegedly requested lewd photos and engaged in the transmission of obscene materials, believing he was interacting with a young girl.

On April 16, 2024, following a detailed investigation and with the assistance of the Berkeley County Sheriff’s Office, Mr. Sherman was arrested without incident and is currently held at the Eastern Regional Jail. Facing serious charges for his actions, he appeared before a magistrate and was ordered to be held without bond, pending extradition to Virginia. His court date is May 9, 2024, at the Warren County Juvenile and Domestic Relations Court.

The Warren County Sheriff’s Office has expressed gratitude towards the Berkeley County Sheriff’s Office for their support in the operation and emphasized the importance of inter-agency cooperation in tackling such critical issues. The community is also encouraged to come forward with any information related to soliciting or exploiting minors by contacting Criminal Investigations Sergeant M.R. Ramey at (540) 635-7100 or via email at mramey@warrencountysheriff.org.

This case highlights the ongoing risks and challenges posed by online interactions and the importance of vigilance in protecting vulnerable populations, especially children, from exploitation. The Warren County Sheriff’s Office remains committed to fighting against internet crimes targeting children and urges the public to report any suspicious activities.

As this case progresses, the community hopes for a resolution that reinforces the safety and security of its children and serves as a deterrent to others who might exploit the internet’s anonymity for harmful purposes.

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Crime/Court

Warren County Sheriff’s Office Cracks Down on Online Crimes Against Children

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In a move to protect children from online predators, the Warren County Sheriff’s Office has made a notable arrest following a proactive undercover operation aimed at the online solicitation of minors. This operation took place in the Warren County and Front Royal areas, showcasing the department’s commitment to safeguarding the community’s vulnerable youth.

The operation came to a head on Wednesday, March 27, 2024, when Samuel Funkhouser, a 33-year-old man from Romney, West Virginia, reached out to an undercover investigator posing as a juvenile under 15. During their communication, Funkhouser requested inappropriate photos and content, believing he was interacting with a young girl. He also sent obscene materials to the investigator, some of which included illegal content involving bestiality. This unsolicited and disturbing interaction was initiated entirely by Funkhouser, leading to swift actions by law enforcement.

Samuel Funkhouser, 5’11” white male, hazel eyes, and brown hair from Romney, WV
Felony Offenses: §18.2-374.3. Use of communications systems to facilitate certain offenses involving children (x3 counts) § 18.2-361.01. Sexual abuse of animals (x3 counts)

The investigative team, part of the Northern Virginia/DC Metro (NOVA/DC) Internet Crimes Against Children (ICAC) Task Force, coordinated by the Virginia State Police, worked diligently to identify and locate Funkhouser. On April 10, 2024, they executed their arrest with the support of the Hampshire County Sheriff’s Office. Funkhouser was apprehended without incident and is now held at the Potomac Highlands Regional Jail. He faces a court date on May 15, 2024, with no bond offered due to the severity of the charges.

The Warren County Sheriff’s Office urges the community to remain vigilant and report any suspicious activities concerning the exploitation of minors. Investigator C.J. McDaniel, who can be contacted at (540) 635-7100 or cmcdaniel@warrencountysheriff.org, is leading the call for community support to bring further perpetrators to justice.

This case highlights the critical importance of inter-agency collaboration, as the Hampshire County Sheriff’s Office played a vital role in the successful capture of Funkhouser. The Warren County Sheriff’s Office extends its gratitude to all partners involved in this operation and remains steadfast in its resolve to combat internet crimes against children. The community is encouraged to stay informed and engaged in protecting every child from the dangers of online predators.

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Crime/Court

Two Former Warren County Deputies Indicted for Murder in 2022 Death of Elderly Man Following Traffic Stop

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Two former deputies of the Warren County Sheriff’s Office, Zachary Fadley, 31, and Tyler Poe, 27, have been indicted on murder charges relating to the April 2022 death of 77-year-old Ralph C. Ennis. This decision comes after an incident following a traffic stop in Front Royal, Virginia, where Ennis, who was reportedly suffering from dementia, was tackled and subsequently died.

The Virginia State Police announced these indictments this week, noting that the incident began when deputies observed Ennis driving erratically on Route 522. The situation escalated after a short pursuit, ending in a parking lot where the confrontation occurred.

According to police reports, Ennis appeared confused during the encounter. Family members have indicated that he was suffering from dementia at the time. After being tackled and restrained by the deputies, Ennis was hospitalized with a severe head wound and died in hospice two weeks later. While the state medical examiner initially cited natural causes related to Alzheimer’s complications as the cause of death, the actions of the deputies led to further investigation.

Last year, both deputies were also indicted on charges of malicious and unlawful wounding, with those cases still pending. These latest indicators introduce more severe allegations, indicating a shift in the prosecutorial approach to the case. Fadley and Poe were arraigned this Monday and released on bond.

This case highlights ongoing concerns regarding law enforcement interactions with vulnerable populations, particularly the elderly and those with mental health issues. It also raises questions about the use of force and the responsibilities of law enforcement to handle such situations with greater care and understanding. The trials for the original charges have been delayed, and the community is closely watching to see how justice will be served in this tragic incident.

 

FRPD Dash Cam – Ralph Ennis

FRPD Body Cam – Ralph Ennis

 

Ennis Family files $6 million wrongful death lawsuit, citing excessive force by Warren County deputies

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Crime/Court

Mark Egger’s $5,000 Civil Defamation Case Against Stevi and Cameron Hubbard Dismissed – But is That The End?

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After counsel Jeremiah Egger rested the plaintiff’s case in his client, and father, Mark Egger’s $5,000 civil defamation suit against Stevi Hubbard and her daughter Cameron Thursday morning in Warren County General District Court, defense counsel Phillip Griffin rose to argue for dismissal of the civil claims action. Griffin told Judge Christopher E. Collins there was not enough substantive evidence presented by the plaintiff to continue the civil, small claims court case.

In addition to a preponderance of personal opinions on what the photo-shopped graphic at the center of the defamation claim presented, as well as the submission of plaintiff exhibits without the presence of the authors of that evidence related to the criminal investigation undertaken at the request of plaintiff Egger or his witnesses, defense counsel zeroed in on his key point. That point was no plaintiff evidence submitted of document-able damages suffered by Mark Egger as a result of the Hubbards’ believed circulation of a photo-shopped graphic of Egger in a light-colored, hooded robe.

Plaintiff Mark Egger and several other plaintiff witnesses described the superimposed garb as a “KKK” robe. Egger’s civil claim for $5,000 in damages was based on the circulation of the graphic on vehicles parked at a Samuels Public Library Board of Directors meeting in 2023 during the CleanUp Samuels Library (CSL) movement to remove LGBTQ-themed books from the library, particularly its children’s section. Both Egger and the Hubbards were involved in that library material dispute on opposing sides, Egger for removal, the Hubbards in support of maintaining the LGBTQ-themed material under guidelines established by library staff and board of directors members.

After hearing both sides argue for or against dismissal, Judge Collins recessed court for what he estimated as a 10-minute break to ponder what he had heard and relevant case law precedents. Fifteen minutes later he returned to court and granted the defense’s dismissal motion, citing a lack of any evidence of financial or personal harm to the plaintiff as a result of the Hubbards alleged actions surrounding circulation of the photo-shopped graphic of Egger.

The Hubbards and supporters leave the WC Courthouse following the dismissal of the $5,000 civil defamation claim brought against them by Mark Egger. Royal Examiner Photos Roger Bianchini

Referencing plaintiff witness testimony in response to questions about how the flyer placed on Library parking lot car windshields during a Library Board of Directors meeting attended by both Egger and the Hubbards impacted their perception of Egger, Judge Collins observed, “All I heard was ‘If I didn’t know Mr. Egger, maybe’ — I’ve seen no evidence this flyer harmed his reputation.” The judge also noted that “I may have lost some sleep over this” did not meet the case law damages standard.

As previously reported surrounding earlier hearings in the case last year, Mark Egger claimed the circulated graphic he attributed to the Hubbards portrayed him as a KKK-dressed person, implying violent support of anti-black racism. Such a portrayal had negatively impacted his personal credibility and possibly cost him lost piano students due to the racist caricature, Egger asserted.

However, the Hubbards said and presented graphic support that the robed outfit superimposed on an image of Mark Egger, rather than a KKK reference, was of a hooded “Capirote” uniform once more commonly donned by European Catholics, particularly in Spanish areas, as part of an Easter season repentance for one’s sins ritual dating back as far as the Spanish Inquisition era. Egger, like many in the CSL movement, is a self-identified Catholic with background connections to Christendom College and/or St. John the Baptist Catholic Church in Front Royal.

One of a number of online photos of the referenced hooded “Capirote” uniforms once more commonly donned by European Catholics, particularly in Spanish areas at least as late as the 1960s, as part of an Easter season repentance ritual dating to the Spanish Inquisition era. Below, Mark Egger speaking at a county supervisors meeting during the CleanUp Samuels Library effort last year that led up to this civil litigation. Cameron Hubbard is viewing with camcorder held up from second row seat just to speakers’ left.

In fact, defense cross-examination questions: “You were involved with the Clean Up Samuels effort for some time, weren’t you?” (“Not true” Egger quickly replied) and “You’re a member of the Catholic Church?” both brought objections from plaintiff counsel, as to relevance.

After the judge’s ruling for dismissal while leaving the courtroom, plaintiff Mark Egger, who has declined to speak to this reporter following earlier hearings, handed me a printed note, saying, “This is my comment.” Appearing to address the above-referenced CSL Samuels Library book removal controversy he had appeared to support in public comments to elected bodies, that piece of paper read: “There is no such thing as ‘transgender’. A boy cannot become a girl, and a girl cannot become a boy.”

On the defense side, Stevi and Cameron Hubbard let their attorney, Phillip Griffin, speak for them. “We’re glad that the judge made the proper decision and we’re relieved, the Hubbards have been under a fair amount of stress for the last nine months or so, since this originated,” Griffin observed. Defense counsel also addressed potential follow-up actions in the wake of Judge Collins dismissal of the civil claims against his clients.

From left, Cameron and Stevi Hubbard were all smiles with attorney Phillip Griffin after dismissal of Mark Egger’s $5,000 civil claim of defamation against them.

“The Virginia Code says that if you are successful in defending a 1st Amendment case, which is a defamation of character, freedom of speech-type case, that you may recover all your attorneys fees. And so we are going to decide when and where the appropriate time to make that request is. It’s clear that the judge did not want to address that issue today. So, we’ll have to come back on another date,” Griffin explained.

It was asked if that implied additional litigation related to this case. “So, the judge made the comment that if you accuse somebody of a crime and it turns out they didn’t do it, then you can get opened up to a defamation case. And as you heard from the evidence, there was a request that a law enforcement investigation be opened up directed towards the Hubbards, both of them,” Griffin noted, adding, “And that’s something we’ll consider when we make the claim for attorney’s fees.”

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