Crime/Court
Decision on former EDA Administrative Assistant bond deferred to mid-July
In a devastating decision for at least 12 family members and friends present for her first court appearance since being arrested the previous day on two felony charges related to the EDA financial scandal, a decision on bond for former EDA Administrative Assistant Michelle “Missy” Henry was deferred by retired substitute Judge Thomas Horne on Tuesday morning (June 25).
Consequently Henry could remain jailed until mid-July though Horne left open the option of expediting a bond hearing if Judge Clifford L. Athey Jr., who has thus far handled the other civil and criminal cases related to the EDA investigation, sees fit to.
A hearing date of July 19 was set to revisit Henry’s bond, with an option for a July 11 date possible. Circuit Court Deputy Clerk Janice Shanks told the court that Athey would “be in the building” on July 11, but that circuit court was not scheduled that day. However, it appears Athey could convene court July 11 if he thought Henry deserved an earlier consideration of her bond request.
It appears Missy Henry will remain in jailhouse garb until the judge thus far handling EDA matters, Clifford Athey Jr., returns to the circuit court bench for one of the final times in July. Photos/RSW Jail website
Athey is in the midst of preparing for a move to the Virginia Appeals Court in September as Warren County prepares for a judicial juggling act. That juggling includes current Circuit Court Clerk Daryl Funk’s move to the bench in Juvenile and Domestic Relations Court and current J & D Court Judge William Sharpe’s move to the Circuit Court bench. However, it was noted during Tuesday’s hearing discussion that Sharpe would likely recuse himself from EDA cases because he knows involved people.
And speaking of involved people, Assistant Commonwealth’s Attorney Bryan Layton argued that like her former EDA boss Jennifer McDonald, Henry should be denied bond. Athey twice denied bond to McDonald, citing her as a possible flight risk were she to have access to even 10% of the allegedly misdirected EDA assets now cited at over $21 million.
Layton informed Judge Horne of the scope of the EDA civil litigation seeking recovery of those millions of dollars. He noted that among the 12 felony indictments McDonald has thus far been served, wire transfers were involved which he noted “Henry normally assisted in” though he did observe that Henry has not been charged related to those McDonald wire transfer-related indictments.
As indictments mount up for her role in the sometimes mysterious workings of the EDA over the past five years or so, Jennifer McDonald has seen a second related arrest, but not of anyone with decision-making or oversight authority over the EDA’s executive director. Courtesy RSW Jail
What she is charged with Layton told the court, is involvement in the handling of one property the EDA purchased and made a small business loan to in order to help finance a retail operation in. It is involvement Layton concluded was “a betrayal of the public trust” in prefacing his request that Henry continue to be held without bond on the two felony financial charges against her.
UPDATE: Second former EDA staffer arrested on embezzlement charges
“The prosecution is trying to shoehorn her on to collateral charges against the other, main defendant,” attorney Ryan Nuzzo said in rebutting Layton’s portrayal of his client.
Nuzzo noted that the dates of the charges related to the B&G Goods transactions at the base of his client’s case were between October 1 and December 30, 2016 and September 1, 2014 to December 30, 2016.
“These are very old actions …If she was a flight risk she would have fled by now,” Nuzzo told the court.
Nuzzo pointed out that one family member not present for Henry’s Tuesday morning hearing was her husband Garnett. That absence was due to medical issues with his back in the wake of a backhoe accident from which he has recurring symptoms. His client, Nuzzo told the court, was instrumental in helping her husband through the “bad spells” he encounters as a consequence of that accident. Much of that assistance comes in the home Missy and Garnett Henry built and have lived in since 1990, Nuzzo pointed out of his client’s long-time ties to this community.
Her attorney also argued that being free on bond would allow Henry to better assist in preparation of her defense against the charges. Nuzzo told the court Henry has no previous criminal record and had been cooperative whenever she had been called before the Special Grand Jury looking into the EDA matter.
Ironically it is the same Special Grand Jury that handed down the two sealed, felony indictments against her.
RSW Jail Superintendent Russ Gilkison said that following her bond hearing Tuesday, Henry was transferred to the Prince William Adult Detention Center. The move, similar to McDonald’s June 11 transfer to the Fairfax County Adult Detention Center, is called a courtesy hold and does not cost the transferring facility any additional housing costs above what would be incurred if the inmate remained housed where they were booked.
As with McDonald the move is to allow a more normalized experience of incarceration for Henry. Due to the emotionally volatile and high-profile nature of the EDA case involving the alleged misuse of public funds for personal gain, McDonald had been held in protective custody isolation from the time of her May 24 arrest until her June 11 transfer from RSW. Responding to a question, Gilkison said the fact Henry and McDonald are co-defendants in that same high-profile case factored into the decision not to transfer them into the same facility.
Crime/Court
POLICE: 7 Day FRPD Arrest Report 5-13-2024
Front Royal Police Department arrest report for the past 7 days:
Crime/Court
Chicago Man Arrested After High-Speed Pursuit on I-81 in Virginia, Charged with Assault and DUI
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.
Crime/Court
McDonald Criminal Convictions Sentencing Hearing, Part 2, Set for Late May
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.
Crime/Court
Major Online Child Protection Operation Nets Arrest in Warren County
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.
Crime/Court
Warren County Sheriff’s Office Cracks Down on Online Crimes Against Children
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.
Crime/Court
Two Former Warren County Deputies Indicted for Murder in 2022 Death of Elderly Man Following Traffic Stop
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
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