Court authorizes defense motions in Bailey Powell murder case

Defense motions in the Second Degree Murder case of 18-year-old Bailey Powell were heard in an early-morning hearing on Thursday, June 29.  Defense co-counsel David Hensley and Beau Bassler sought authorization for out-of-state blood analysis lab work; a psychiatric evaluation of their client to determine his mental ability to stand trial; as well as funds for a private investigator to assist the defense team.

Following a 20-minute hearing, Warren County Circuit Court Judge Clifford L. “Clay” Athey approved all three defense motions.  However, Athey cut in half the amount of money requested by the defense for a private investigator “at least for now.”  The defense sought $5,000 to cover investigator expenses, the court authorized $2,500 – “If you need more you can apply to have the amount increased,” Athey told the defense.

The psychiatric evaluation of a defendant’s mental ability to stand trial is fairly routine.  However, the requested lab analysis of Powell’s blood at the time of 19-year-old Leah Adams death from stab wounds the defendant is accused of inflicting reflects to his mental state at the time of the March 25 incident.

“We know intoxication is not a defense,” Bassler told the court.  However, he observed the result of the defendant’s blood analysis could relate to the issue of malice in the incident.

According to testimony at an emotional May 25 hearing open to the public in Warren County Juvenile Court, Powell had ingested LSD, a psychotropic drug the day of Adams murder.  Witnesses painted a picture of a suspect thrown into acute paranoia by his drug intake, then deciding to flee Adams’ Cherrydale Avenue home, where several friends were gathered, in her vehicle.  Adams attempt to regain control of her car around 10:30 p.m. on a Friday evening ended about 3 blocks away.

Social media photo of Leah Adams

Neighborhood witnesses said the car began to move as Adams was attempting to enter through the open driver’s side door.  As the car swerved to the right, northbound, eventually knocking two mailboxes over, Adams fell into the street.  Witnesses said she rose screaming for help, falling at a driveway where she was initially assisted by residents, including a nurse and off-duty Front Royal policeman.

She was pronounced dead on arrival at Warren Memorial Hospital a short time later.

Powell was taken into custody after creating a disturbance about two blocks away, after allegedly abandoning Adams’ vehicle around the corner from where Adams fell fatally wounded from two stab wounds to the chest.

Witnesses who encountered Powell in the neighborhood immediately after the incident described him alternately asking people if they had a pistol and yelling for someone to kill him.  Law enforcement officers, who questioned Powell the night of the murder, testified on May 25 that the suspect stated at various times that he didn’t stab Adams; didn’t remember stabbing her; or that it was an accident.

The officer who stayed with Powell throughout the night in a room where he was held at Warren Memorial Hospital, said he repeatedly asked, “Is she dead?” or “Is she really dead?” – But without showing normal signs of remorse.

Bailey Powell’s RSW mug shot

Social media posts of both the victim and defendant indicate the two had been in a relationship for about 10 weeks prior to Adams’ March 25, 2017 death.

Defense counsel explained the need to go out of state for an independent lab analysis of Powell’s blood.  Virginia State labs do not test for LSD.  The lab selected was MMF Labs in Pennsylvania.

After the defense waived their speedy trial right to accommodate the lab work and psych evaluation, Judge Athey set a date of September 18, at 2 p.m. for the next case hearing.  Scheduled at that time will be evaluations of the lab and psych work; entry of a defense plea; and setting of a trial date if necessary.

Powell has been charged with Second Degree Murder, a Class 2 felony that carries a sentence of 5 to 40 years in prison.  He has also been charged with aggravated assault.  At the June 29 hearing, Assistant Commonwealth’s Attorney Bryan Layton told the court that there could be other charges eventually added.  Powell was 17 at the time of Adams’ death.  He turned 18 in early May and was transferred from a juvenile detention facility in Frederick County to the RSW Regional Jail in northern Warren County.  Initially charged as a juvenile, Powell was indicted as an adult by a Warren County Grand Jury on June 5.

Sitting in the front row directly behind the defense table where Powell was seated in his striped RSW Jail clothes on June 29, were a middle-aged couple and a younger male and female who appeared to be about Powell’s age, give or take.  As the hearing progressed and the crime Powell is accused of was described by the court as “one of the most heinous crimes that can be committed” the younger woman quietly began crying, leading to the offer of nearby tissues by a bailiff, with which she dabbed her eyes.

The four left when the Powell hearing ended at 9:15 a.m., as the court prepared to pick up the fourth and final day of the murder trial of Clay Marshall Curtis.