Connect with us

Crime/Court

Curtis murder trial continued to May 8 due to filing error

Published

on

It was an anti-climax on the first day of a scheduled week-long murder trial in the 2014 shooting death of Front Royal cab driver Simon Funk Jr.  The First-Degree Murder trial of Clay Marshall Curtis was continued to May 8 due to a technical issue with pre-trial filings by the Commonwealth.

Photo of Clay Marshall Curtis circulated when he was first named a “person of interest” in the December 2014 murder of Simon Funk, Jr.

The technical issue was the failure to file a notice of DNA evidence to the defense 21 days in advance of trial as prescribed by law.  The notice was sent to the defense team of John Bell and David Hensley on April 3, just seven days prior to the scheduled April 10th start of the trial in Warren County Circuit Court.

Simon Funk, Jr.

Judge Clifford “Clay” Athey denied a defense motion to bar the evidence, which Athey noted the Commonwealth had made the defense aware of in November, nearly five months ago.  Faced with that ruling, Athey adjourned the proceedings to allow the court-appointed defense team to discuss whether to proceed to trial on schedule or seek a continuance to facilitate the 21-day filing requirement.

During discussion with the Commonwealth and defense teams, both expressed concerns with witness schedules on the two dates the judge offered for a new trial date – April 24th and May 8th.  After that, due to the court’s schedule the next available date would not be until late November, Athey informed the attorneys.

After a 10-minute recess, Bell informed the court his client had decided to exercise his option to delay the trial.  After a subsequent 5-minute recess, the defense decided to work around witness-scheduling issues the week of May 8th.  When witnesses were summoned to inform them of the delay; those scheduled for the trial’s first day filled over half the courtroom.

Curtis, now 63, is currently incarcerated on federal firearms and probation violations charges, which his attorneys told the court he had about seven months left to serve on.  Curtis was questioned on December 10, 2014, regarding discovery of the 42-year-old Funk’s body near a rural Shenandoah Farms neighborhood that morning.  He was initially jailed on the outstanding federal probation violation warrant prior to being charged with Funk’s murder.  Curtis was initially cited as a “person of interest” in the Funk case because there was evidence the off-duty cabbie had agreed to give “Frederick” – a known alias Curtis used – a ride into the county the day Funk was murdered.

Curtis will initially be tried on three charges – the First Degree Murder of off-duty Yellow Cab driver Simon Funk Jr.; the use of a firearm in the commission of attempted murder; and the Attempted Murder of a second person, Jeffrey Sissler.  Asked about the latter charge, Commonwealth’s Attorney Brian Madden said it stemmed from a second incident the same day as Funk’s murder on December 9, 2014.

A second jury trial date of August 16th was set on a related charge that has been separated from the primary set of charges.

Front Royal, VA
72°
Cloudy
6:08 am8:10 pm EDT
Feels like: 72°F
Wind: 6mph SSW
Humidity: 67%
Pressure: 29.73"Hg
UV index: 3
ThuFriSat
63°F / 45°F
70°F / 54°F
70°F / 52°F
Obituaries4 hours ago

Edwin Johnson Henry (1936 – 2026)

Legislative Update21 hours ago

Congressman Ben Cline Highlights Budget Reform, SNAP Oversight, and Space Competition

Obituaries21 hours ago

Kimberly D. Licazi Fox (1970 – 2026)

Crime/Court22 hours ago

June 17th Set for Continued Hearing on Natalie Godin’s Psychological Evaluation and Supervised Conditional Release

Regional News22 hours ago

US Senate GOP Wants $1 Billion for Security for Trump’s Ballroom in Immigration Bill

Local Government22 hours ago

Urban Agriculture and Firearm Assembly at Town Council Work Session

Community Events22 hours ago

Front Royal Programs Highlight Housing, Food, and Community Support

State News24 hours ago

Virginia Joins 21 States in Opposing USPS Gun Mailing Proposal

Opinion24 hours ago

Commentary: Spanberger’s Data Center Position is the Test of Her Affordability Message

State News1 day ago

Spanberger Weighs Legislation to Allow Class Action Lawsuits in Virginia Courts

Interesting Things to Know1 day ago

Electricity Doesn’t Give Second Chances on the Job Site

Legal Notices2 days ago

ORDER OF PUBLICATION: In the Circuit Court for Warren County, Virginia

Opinion2 days ago

An Open Letter of Gratitude to the Teachers in Warren County, Virginia

Local News2 days ago

John’s Dream Scores 35th Win at Shenandoah Downs, Headlining Virginia Breeder’s Aged Stakes  

Interesting Things to Know2 days ago

The Dog Who Owned the Mail

Food2 days ago

Dad’s Secret Treat for Mother’s Day: The Frittata

State News2 days ago

Governor Spanberger Signs Bill to Decriminalize Suicide

Obituaries2 days ago

Otis Sterling “Hubby” Darnell Sr. (1945 – 2026)

Interesting Things to Know3 days ago

Virginia Lit the Fuse for Independence — 250 Years Ago This Month

Business3 days ago

Made in America: Why It’s a 20-Year Project, Not a One-Year Fix

Obituaries4 days ago

Alford “A.D.” Carter III (1950 – 2026)

Chamber News4 days ago

Downtown Local Celebrates One-Year Anniversary with Community Support

Community Events4 days ago

Free Comic Book Day Brings Crowds, Creativity to Main Street in Front Royal

Local Government4 days ago

Front Royal Tax Increase Debate Deepens as Full Cost Picture Comes Into Focus

Local News4 days ago

Royal Visit Inspires Push for Annual Heritage Festival in Front Royal