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‘Bawdy Place’ trial related to dropped Tharpe charge set day after Election

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From left, Cynthia Atkinson Bailey with children Brandy and Jesse Atkinson outside the WC Courthouse following Tuesday’s hearing – Royal Examiner Photo/Roger Bianchini

A hearing and trial date of Wednesday, November 6, at 2 p.m. was set in the cases of Cynthia Atkinson Bailey, her daughter, son and son-in-law regarding their alleged roles in operation of a Front Royal massage parlor in which sexual favors were allegedly offered as part of the business operation.

Misdemeanor charges against the 55-year-old Bailey, daughter Brandy Nicole Atkinson, son Jesse Thomas Atkinson and son-in-law Joshua Allan Stamper will go to trial that day, while the felony charges will face a preliminary hearing.

Responding to a question from Warren County General District Court Judge W. Dale Houff, defense counsel David Downes and Assistant Commonwealth’s Attorney Bryan Layton concurred that the joined cases would likely require a couple of hours, leading to the setting to the 2 p.m. start time for cases likely to consume the rest of the court’s afternoon docket.

Layton also informed the court that he and defense counsel were “on the same page” regarding a variety of evidentiary motions regarding discovery and alleged offense dates. In fact, Downes withdrew a submitted Bill of Particulars, telling the court that audio tapes he had received from the prosecution today “may clarify” what he had requested from the prosecution in that filing.

Among the evidentiary motions that may be in the process of resolution is Downes’ “Giglio Motion” seeking information on potential prosecution witness Tiffany Amber Wymer. That defense motion cites a felony charge “on or about December 6, 2018” for “possession with intent to distribute marijuana” that according to the defense motion was dropped by prosecutors on May 28, 2019 in Frederick County General District Court.

Downes motion on his client’s behalf questioned if the resolution of that case related to Wymer’s anticipated testimony in the Bailey et al prosecution and “whether she has received immunity from prosecution for” a variety of other possible charges, including “her fraudulent welfare applications… operating an illegal sex chat website” and “prostitution charges”. Downes further asks how many incidents of prostitution Wymer may have received immunity for.

The two sides also appeared to agree to pin down the offense dates to between May 16 and June 7, 2018. The fact that Bailey had a June 7, 2018 charge and arrest on a prostitution charge nul prossed by the Commonwealth on October 2, 2018, appeared to play a role in some contentious accusations amidst dueling press releases between the defense attorney, the Winchester Commonwealth’s Attorney’s Office which took over as special prosecutor in a related case of solicitation of prostitution against former Front Royal Mayor Hollis Tharpe, and FRPD Chief Kahle Magalis.

A political twist
Downes alleged the new charges against his client were “retaliatory” & “vindictive” due to his client’s intention not to testify in the Tharpe prosecution, invoking her Fifth Amendment right not to self-incriminate. The Tharpe prosecutor’s office and FRPD denied any wrong doing or vindictiveness in the “bawdy place” bust.

Tharpe’s misdemeanor solicitation case was dismissed at the request of Special Prosecutor Heather Hovermale during a July 15 hearing. As Royal Examiner reported at the time, Hovermale told the court the prosecution could not proceed in the wake of Cynthia Bailey exerting her Fifth Amendment right not to self incriminate in response to several questions, including whether she knew Tharpe or if he had ever touched her in a way she did not invite.

His charge dismissed, Tharpe almost immediately announced that he would run in the November election to regain the mayor’s seat he announced four days after his April 15 indictment he would resign from effective May 2. As Royal Examiner has previously observed, ironically the foreman of the grand jury that handed down the indictment against Tharpe was Matt Tederick, a local Republican Committee operative and former chairman. A 4-2 council majority, Tewalt and Thompson dissenting, appointed Tederick interim mayor on May 28.

However it appears there will be no Tederick-Tharpe grudge match on Election Day, November 5. Tederick has announced he will not run in the special election to fill out the remainder of Tharpe’s term through 2020. But former mayor and current Councilman Eugene Tewalt, who announced his candidacy after Tharpe’s resignation and Tederick’s appointment, will oppose Tharpe’s attempt to regain his mayoral seat one day prior to the Bailey family trial and hearing.

Good Times, Bad Times
Bailey and her children were arrested by Front Royal Police on May 15, 2019 and charged with the misdemeanor offense of maintaining a “bawdy” (defined as gross, indecent or overly graphic) place. Other charges include receiving money from earnings of prostitution (felony), prostitution (felony), and cruelty to children, the latter charge according to the criminal complaint involving the presence of a juvenile in the Biggs Drive residence who “answered phone calls, arranged appointments and walked clients to the rooms.” The referenced juvenile is believed to be a grandchild of Bailey’s.

Joshua Allan Stamper remains incarcerated in Stafford County on unrelated charges, but was transported here for today’s hearing.

According to an FRPD press release issued on May 16, the arrests were the result of an ongoing investigation that began in late January of 2018. It also appears that investigation also resulted in the now-dismissed charge of solicitation of prostitution against Tharpe.

The indictment against Tharpe cited a May 31, 2018 incident in which Tharpe allegedly offered “money or its equivalent to another for the purpose of engaging in sexual acts… and thereafter did a substantial act in furtherance thereof against the peace and dignity of the Commonwealth…”

That offer is alleged to have been made at the 312 Biggs Drive address out of which the massage parlor run by Bailey under the banner of Blue Ridge Services, operated.

Stay tuned as Hollis Tharpe seeks re-election on November 5; and Cynthia Bailey and her family fight the charges against them one day later.

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Crime/Court

Arrest made for Monday evening arson fire

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Warren County, VA – On Monday, October 21, 2019, at approximately 3:00 pm, Warren County Fire and Rescue Services responded to 8561 Winchester Road for a reported residential structure fire.

Units arrived on the scene and found a single story, single family dwelling with significant fire conditions throughout the first floor and attic system of the home. A second alarm was requested, bringing two additional engines from in the county and two additional mutual-aid engines from Middletown and Stephens City. As a result of the incident, crews were assisted by Warren County Sheriff Deputies and the Virginia Department of Transportation with the closure of northbound 522/340, Winchester Road. The road remained closed for approximately 1 hour throughout the incident. It took firefighters approximately 50 minutes to bring the fire under control. There were no reported injuries.

The fire caused an estimated $200,000 in damages and contents loss and displaced the occupants from the home. The occupants have received assistance from the American Red Cross.

The cause of the fire was investigated by the Warren County Fire Marshal’s Office. Fire Investigators determined the fire was caused by an act of arson. Fire Investigators were joined by the Warren County Sheriff’s Office Criminal Investigations Division in a joint investigation. The investigation received assistance from the Town of Front Royal Police Department Criminal Investigations Division and the Loudoun County Fire Marshal’s Office Canine Division.

As a result of the investigation, Ms. Shenisa Mohammed, (21 years of age) who was identified as an occupant of the home, has been charged in connection with the fire incident. Ms. Mohammed has been charged with a single felony count of § 18.2-77; Burning or destroying dwelling house and is being held without bond at the Rappahannock, Shenandoah, Warren Regional Jail.

Shenisa Mohammed. Photo courtesy of RSW Jail.

Anyone with additional information regarding this incident is asked to contact Fire Marshal Gerry Maiatico at 540-636-3830 or Sergeant Daniel Maxfield with the Sheriff’s Office at 540-635-7100 or 540-635-4128.

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Vehicle theft and arson investigation

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Warren County, VA – On Saturday, October 19, 2019, at approximately 6:30 am, Warren County Fire and Rescue units, along with Middletown Fire and Rescue units, were dispatched to the 800 block of Long Meadow Road for a reported motor vehicle crash with the vehicle on fire.

Units arrived on the scene and determined that the vehicle was completely burned and appeared abandoned along the side of the roadway.

The cause of the fire was investigated by the Warren County Fire Marshal’s Office. Fire Investigators determined the fire was caused by an act of arson. Fire Investigators were joined by the Warren County Sheriff’s Office Criminal Investigations Division in a joint investigation.

The vehicle, identified as a 2006 Chevrolet Van, white in color with ladder racks on the roof, was determined to be stolen from the area of Poe’s Campground on Riverside Drive in Front Royal, between the hours of 1:00 am and 5:30 am Saturday morning. A large amount of Milwaukee power tools and tools related to the electrical trade were found to be removed from the vehicle before the fire.

Anyone with additional information regarding this incident is asked to contact Fire Marshal Gerry Maiatico at 540-636-3830 or Investigator Scott Baker with the Sheriff’s Office at 540-635-7100 or 540-635-4128.

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Suspect found in woods and charged thanks to citizens’ help

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Richard Matthew Crouch / Photo courtesy of RSW Jail

On September 29, 2019, at approximately 2:26 pm, Warren County Sheriff’s Office Communication’s received information that wanted subject Richard Matthew Crouch was seen in the 2100 block of Strasburg Road. Deputies responded to the area, and upon arrival, citizens reported that the male had entered the woods. Deputies set up a perimeter and had a K-9 respond to the location. The K-9 track led deputies to Richard Matthew Crouch, and he was taken into custody without incident.

Crouch was transported to RSW Regional Jail and was held without bond on the following charges:

  • Strangle Another Causing Wounding OR Injury (x8)
  • Assault: On Family Member (x2)
  • Malicious Bodily Injury
  • Abduction: By force, ETC, To Deprive of Liberty
  • SCH I/II: POS W/INTNT TO MAN/SELL/DIST

The Warren County Sheriff’s Office would like to thank the citizens of our community for their help, as it was instrumental in the capture of this individual. Contact for this incident is Lieutenant Smoot at 540-635-4128 or via email at ltsmoot@warrencountysheriff.org.

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Suspects found and charged with Grand Larceny for theft of vehicle

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Derrick Aldine Malone and Dakota Leigh Free. Photos courtesy of RSW Jail.

On September 18, 2019, the Front Royal Police Department responded to the 800 block of John Marshall Highway for a reported larceny of a motor vehicle. The victim alleged that his 2005 Mitsubishi Lancer was stolen from the parking lot of 7-11 after leaving his vehicle running while he went into the store. Witnesses were interviewed on scene who advised they had observed two subjects, one male and one female, get into the vehicle and drive off.

A description of the vehicle and suspects were given to surrounding jurisdictions while the investigation continued. Detectives retrieved video footage from the 7-11 and confirmed witness statements.

On September 22, 2019, Front Royal Police Department received information that the stolen vehicle was possibly parked at the Hampton Inn in Front Royal. When Officers arrived, the vehicle was located parked in the back lot of the hotel and confirmed to be the stolen vehicle from earlier in the week. The vehicle was towed to the Front Royal Police Department to be processed and stored. The suspects were positively identified as Derrick Aldine Malone and Dakota Leigh Free, and both were detained without incident and charged with Grand Larceny for theft of the vehicle. Malone and Free are currently being held at the Rappahannock Shenandoah Warren Regional Jail without bond.

Anyone who has further information about this incident is asked to contact Detective D. Fogle at the Front Royal Police Department, Criminal Investigations Division at (540) 636-2208 or dfogle@frontroyalva.com.

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Harrisonburg woman pleads guilty to fatal overdose distribution

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HARRISONBURG, VIRGINIA – Iza Mar Rosario-Cruzado, 31, of Harrisonburg, Va., pleaded guilty yesterday in U.S. District Court to one count of distributing and possessing with the intent to distribute a mixture of heroin and fentanyl. Rosario-Cruzado further admitted her distribution of this drug mixture resulted in an overdose death. United States Attorney Thomas T. Cullen made the announcement following the defendant’s guilty plea.

“Heroin laced with fentanyl is driving the opioid epidemic that has ravaged our district for the last several years,” U.S. Attorney Cullen stated today. “We will continue to work closely with our state and local partners to investigate and prosecute cases involving overdose deaths and hold dealers accountable under federal law.”

“This sentence is a great example of our efforts to keep our local communities safe from the spread of drugs. Heroin and fentanyl are extremely deadly substances and those who spread this poison across our cities, acting with blatant disregard for the lives of the people who live here, will not be tolerated,” said Special Against in Charge Jesse R. Fong of the U.S. Drug Enforcement Administration, Washington Field Division. “This case is a testament to the hard work DEA and our law enforcement partners do every day to keep these dangerous drugs out of the hands of our loved ones.”

According to court documents entered during yesterday’s hearing, on December 13, 2017, victim M.J.M. was found deceased following a heroin and fentanyl overdose. Investigators determined that the day prior, December 12, 2017, Rosario-Cruzado distributed a mixture of heroin and fentanyl to Richard Mansfield. Mansfield subsequently redistributed the same drugs to M.J.M., who ingested them, resulting in his overdose death.

On September 12, 2018, Mansfield pleaded guilty to one count of distributing a mixture of heroin and fentanyl.

At sentencing, scheduled for December 17, 2019, Rosario-Cruzado faces between 12-16 years in years in federal prison, as agreed to as part of her plea agreement.

The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, and Harrisonburg Police Department, with the assistance of Rockingham County Commonwealth’s Attorney Marsha L. Garst. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.

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Maryland man facing multiple charges after I-66 pursuit

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Jeremy M. Carr, 32, help without bond on multiple charges in the RSW jail. Photo courtesy of RSW Jail.

A Mechanicsville, Maryland man is behind bars for DUI and multiple other charges in three counties after he fled from law enforcement Friday (August 30, 2019).

Virginia State Police have charged Jeremy M. Carr, 32, in Warren, Fauquier, and Prince William counties with three counts reckless driving, three felony counts of eluding police, three counts driving on a suspended license, three counts of unauthorized use of an automobile, three counts of DUI, and three counts wearing a mask to conceal identity.

Also in Warren County, state police charged Carr with one felony count of hit-and-run, one count of failing to obey a traffic light, and one count of passing on a double-solid center line. In Prince William County, Carr was also charged with one count of passing on a double-solid center line.

State police initiated the traffic stop at approximately 7:57 a.m. as a 2010 Ford F-250 was traveling west on Interstate 66 at the 37 mile marker in Prince William County. The violation was for speeding – as the F-250 was driving 93 mph in a posted 70 mph zone.

The Ford continued west on I-66 and entered Fauquier County, reaching speeds of up to 100 mph. The Ford F-250 finally pulled over and stopped on Route 340 in Warren County. The driver, Carr, was taken into custody without further incident.

During the course of the pursuit in Warren County, the Ford did strike another vehicle. No one in that vehicle was injured.

No state police troopers were injured in the course of the pursuit.

Carr is being held at the Rappahannock-Shenandoah-Warren Regional Jail.

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10:30 am Art Class “Fall is Here” @ Art in the Valley
Art Class “Fall is Here” @ Art in the Valley
Oct 23 @ 10:30 am – 12:00 pm
Art Class "Fall is Here" @ Art in the Valley
We are offering classes for children ages 7-12 who would enjoy expressing themselves through art. The students will expand their creative side with drawing, painting and constructing, using various mediums such as acrylic, pastels, watercolor[...]
1:30 pm Botanical Drawing: October 2019 @ Art in the Valley
Botanical Drawing: October 2019 @ Art in the Valley
Oct 23 @ 1:30 pm – 4:00 pm
Botanical Drawing: October 2019 @ Art in the Valley
Learn and practice the art of botanical drawing in pencil with local artist and instructor Elena Maza. This four session course will focus on learning basic drawing skills as applied to botanicals: basic line drawings[...]
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10:30 am Small Business Lending Forum @ Samuels Public Library
Small Business Lending Forum @ Samuels Public Library
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Small Business Lending Forum @ Samuels Public Library
The forum will provide participants with an overview of U.S. Small Business Administration and USDA/Rural Business Cooperative-Services (RBS)’s financing programs and services.  Participants will have the opportunity to field questions to lenders and learn more[...]
1:30 pm The Fundamentals of Oil Painting... @ Art in the Valley
The Fundamentals of Oil Painting... @ Art in the Valley
Oct 24 @ 1:30 pm – 4:00 pm
The Fundamentals of Oil Painting - Fall 2019 @ Art in the Valley
This class will focus on proven approaches for successful oil paintings. Subject matter will be the student’s choice. No previous painting experience with oils necessary. The class will introduce students to fundamental concepts of color[...]
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9:00 am Virginia Department of Veteran S... @ Able Forces Foundation
Virginia Department of Veteran S... @ Able Forces Foundation
Oct 25 @ 9:00 am – 12:00 pm
Virginia Department of Veteran Services @ Able Forces Foundation
Able Forces Foundation is hosting Andre Miller, Resource Specialist, Virginia Veteran and Family Support, Virginia Department of Veteran Services, to assist veterans, their spouses, and dependents with questions regarding Veteran benefits and in filing claims[...]
1:30 pm The Fundamentals of Acrylic Pain... @ Art in the Valley
The Fundamentals of Acrylic Pain... @ Art in the Valley
Oct 25 @ 1:30 pm – 4:00 pm
The Fundamentals of Acrylic Painting - Fall 2019 @ Art in the Valley
This class will focus on proven approaches for successful acrylic paintings. Subject matter will be the student’s choice. No previous painting experience with acrylics necessary. The class will introduce students to fundamental concepts of color[...]
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9:00 am Walk to End Alzheimer’s @ Museum of the Shenandoah Valley
Walk to End Alzheimer’s @ Museum of the Shenandoah Valley
Oct 26 @ 9:00 am – 12:00 pm
Walk to End Alzheimer's @ Museum of the Shenandoah Valley
Join the Northern Shenandoah Valley Alzheimer’s Association Walk to End Alzheimer’s Together, we can provide care and support to improve the lives of Americans affected by Alzheimer’s and dementia (including family, friends, and caregivers), and[...]
11:00 am “The Great I Am” Refreshing, Hea... @ Warren County Fairgrounds
“The Great I Am” Refreshing, Hea... @ Warren County Fairgrounds
Oct 26 @ 11:00 am – 8:00 pm
“The Great I Am” Refreshing, Healing & Restoration @ Warren County Fairgrounds
Come to the Warren County Fairgrounds October 26th and 27th to enjoy live praise and worship! Miraculous testimonies will be shared both days, from 11 a.m. to 8 p.m., at this free event. Bring your[...]
1:00 pm Workshop: Perspective Basics @ Art in the Valley
Workshop: Perspective Basics @ Art in the Valley
Oct 26 @ 1:00 pm – 6:00 pm
Workshop: Perspective Basics @ Art in the Valley
This one day workshop is designed to increase your knowledge of perspective theory as it applies to art. All images including landscapes, portraits and still life make use of perspective. It is a necessary tool[...]
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11:00 am “The Great I Am” Refreshing, Hea... @ Warren County Fairgrounds
“The Great I Am” Refreshing, Hea... @ Warren County Fairgrounds
Oct 27 @ 11:00 am – 8:00 pm
“The Great I Am” Refreshing, Healing & Restoration @ Warren County Fairgrounds
Come to the Warren County Fairgrounds October 26th and 27th to enjoy live praise and worship! Miraculous testimonies will be shared both days, from 11 a.m. to 8 p.m., at this free event. Bring your[...]