Connect with us

Crime/Court

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

Published

on

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.

Front Royal, VA
72°
Cloudy
6:45 am7:37 pm EDT
Feels like: 72°F
Wind: 0mph ESE
Humidity: 94%
Pressure: 29.9"Hg
UV index: 0
SunMonTue
81°F / 55°F
81°F / 59°F
84°F / 61°F
Historically Speaking2 hours ago

President Trump’s Beef Policy May Help Food Prices, But At What Cost?

State News18 hours ago

Virginia Attorney General Creates Worker, Federal Accountability Units as Office Highlights Meta Settlement

Local News18 hours ago

VDOT: Warren County Traffic Alert for September 7 – 11, 2026

Opinion18 hours ago

Twenty-Five Years Later, Remembering When We Stood Together

National News18 hours ago

U.S. Adds 162,000 Jobs in August as Manufacturing and Construction Hiring Rises

State News19 hours ago

Spanberger Taps Daniel Young to Lead Government Watchdog Office

Local News19 hours ago

Update: Cline Appears Without Democratic Opponent at Winchester Congressional Event

Health22 hours ago

UVA Health Experts Urge Athletes to Recognize Concussion Warning Signs as Fall Sports Begin

Interesting Things to Know22 hours ago

Bumblebees Solve Puzzle Without Training, Study Finds

Business Growth Series23 hours ago

Business Growth Series: “What If” Thinking Is Costing You Money

Local News23 hours ago

Blue Ridge Area Food Bank Calls on Community to Take Action Against Hunger in September

Local News23 hours ago

Virginia State Police Seize Guns, Nearly $200,000 in Cash During Weekly Crime Operations

Historically Speaking24 hours ago

The Queen is Gone. There Will Never Be Another

Local News1 day ago

WC Public Schools Gets Engineers Status Assessment on E. Wilson Morrison Physical Plant Issues

State News2 days ago

Virginia House Speaker Details ‘Concerns’ About NextEra-Dominion Merger in Letter to State Regulators

State News2 days ago

Consumer Sentiment Tumbles as Virginians Feel Pressure from Inflation, New Poll Finds

Local News2 days ago

Engineers Find Façade Failure at E. Wilson Morrison, Main Structural System Shows No Visible Distress

Local Government2 days ago

Buy It in Virginia, Consume It in Virginia, and Leave It in Virginia: The Golden Rule for 2027

Local News2 days ago

Dawson Sheen Academy Plans New Shenandoah Valley High School for 2027

State News2 days ago

Wittman Voted 60 Times to Undo the Affordable Care Act. Then He Backed Extending Its Subsidies

State News2 days ago

As Sports Betting Surges, Virginia Weighs How to Curb Gambling Harms

National News2 days ago

USPS Whistleblower Predicts ‘Catastrophic’ Effect on Elections Under Trump Vote-by-Mail Order

State News2 days ago

Teenage Gunman Dead After Opening Fire Inside Virginia Elementary School Wednesday Morning

Obituaries2 days ago

Michael Lee “Mike” “Grandpa” Soyars (1970 – 2026)

Obituaries2 days ago

Gilbert R. “Skip” Simmons Jr (1949 – 2026)