Crime/Court
Defense motions filed in Biggs Drive massage parlor case
On Friday, May 17, just two days after her arrest the attorney for a woman facing multiple charges related to an alleged prostitution operation being run out of a massage parlor at 312 Biggs Drive in Front Royal has filed Discovery Motions on his client’s behalf. Cynthia Atkinson Bailey attorney David Downes also questioned whether dates referenced in the complaint against his client might indicate a one-year statute of limitations on at least some charges may have expired.
Later on Friday Downes issued a press release in which he called his client’s prosecution “retaliatory” and “selective” due to her assertion to authorities that she would plead her Fifth Amendment right not to self-incriminate if asked to testify regarding clients, one in particular (see related story).
Bailey, 55, was arrested by Front Royal Police along with three other people on May 15, and charged with maintaining a “bawdy (defined as gross, indecent or overly graphic) place”, receiving money from earnings of prostitution, prostitution, and cruelty to children. According to the felony warrant the latter charge involved the presence of a juvenile in the residence who “answered phone calls, arranged appointments and walked clients to the rooms.”
Also arrested on similar or related charges were Brandy Nicole Atkinson, Jesse Thomas Atkinson and Joshua Allan Stamper. According to Bailey attorney Downes, Brandy and Jesse Atkinson are his client’s daughter and son and Stamper is her son-in-law. The referenced juvenile may be a grandchild.
Courtesy Photos FRPD/Regional Jail System
According to an FRPD press release issued on May 16, coincidentally Cynthia Bailey’s 55th birthday, the arrests were the result of an ongoing investigation that began in late January of 2018.
It appears that investigation also resulted in the charge of solicitation of prostitution against former Front Royal Mayor Hollis Tharpe. Tharpe’s April 15, 2019 Grand Jury indictment, perhaps ironically signed by Tharpe’s old political adversary Matthew Tederick as grand jury foreman, references 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 …”
Bailey was initially arrested one week after the referenced Tharpe massage parlor incident, on June 7, 2018 on a charge of prostitution. That charge was dropped by the commonwealth on October 2, 2018.
Tharpe has identified Biggs Drive to this reporter as the location of the massage parlor involved in the charge against him. While maintaining his innocence, Tharpe initially placed himself on administrative leave the day the indictment was handed out. Then four days later on April 19, Tharpe announced his resignation effective May 2. In both his leave and resignation decisions, Tharpe expressed a desire not to create an undue distraction to the conduct of town government business while the prosecution is hanging over his head.
As press releases fly, plot thickens in Tharpe sex solicitation case
In fact, Bailey’s June 7, 2018 arrest for prostitution plays into defense counsel Downes’ motions filing for his client regarding the Statute of Limitations issue. Citing a one-year statute of limitations related to at least some of the charges, defense counsel notes the current charges filed on May 15, 2019, cite activities occurring between May 1 and June 7, 2018.
“Where the alleged offenses, in part, supposedly occurred two weeks after … the expiration of the statute of limitations, does the Court bar the prosecution of all or some of the Commonwealth’s case?” Downes asks, presenting two possible courses of action.
“If the Commonwealth were to amend the warrants to reflect that the offense occurred on or about May 15, 2018 to June 7, 2018, that would be in compliance with Virginia Code § 19.2-8. However, if the warrant of arrest was filed in good faith and the affiant, Detective D. L. Fogle, was unable to more precisely identify when the illegal conduct occurred, than the entire prosecution should be barred without probable cause to believe that the subject offenses occurred within the one-year statute of limitations.”
Downes may see the writing on the wall, or more precisely in the Criminal Complaint tied to Bailey’s felony warrant of receiving money “from the earnings of a person engaged in prostitution.” The complaint specifies the visit of undercover operative to the massage parlor on June 7, 2018.
So were the statute of limitations issue resolved as Downes predicts it could be, he continues to request Discovery regarding the allegations against his client, including her receiving earnings from prostitution from others; as well as raising the possibility his client is facing unconstitutional double jeopardy in being charged a second time for the same offenses leading to her initial indictment last year.
“Without identifying the specific date, or dates, that the Defendant is alleged to have committed these offenses, the Commonwealth may be unconstitutionally subjecting the Defendant to multiple punishments for the same offense,” Downes writes of the vagueness of the “on or about May 1 to June 7, 2018” timeframe cited in the warrant and her June 7, 2018 arrest.
The Criminal Complaint attached to the May 15, 2019 warrant describes Bailey and Brandy Atkinson meeting an undercover operative who was given “a menu that laid out prices and services” for hand massages by “a topless and/or panties only” masseuse “which included a ‘happy ending’.” The undercover operative then asked about “additional sexual activities such as oral sex” leading to a $150 price offer involving both women, the complaint states.
“Once the terms were established and agreed upon units converged on the residence,” the complaint describes how the police operation of June 7, 2018 concluded.
The involvement of the men charged is explained as providing security for the massage parlor operation and it is noted in parentheses “Joshua drove Brandy to the appointment on 6/07/19” though the year appears to be a typo since that date has yet to occur unless you have a time machine like famed British TV character Dr. Who’s TARDIS.
It is elaborated in the criminal complaint that Jesse Atkinson used the Biggs Drive address to obtain a business license for a “handyman/landscaping service” under the name Blue Valley Services.
That business license expired in 2017 but according to the Criminal Complaint the massage parlor advertised its services at various online sites at the Blue Valley Services business address.
“During the investigation several ads were located on Craigslist and Facebook pertaining to the massage parlor. During the investigation it was revealed that additional activities were taking place at the ‘massage parlor’,” the complaint states. One hint may have been an employment post on Craigslist noting, “Let’s face it, if you are young and pretty you will make more money here.”
Crime/Court
Tragedy strikes Shenandoah County: Motorcycle rider dead, car driver charged with DUI, involuntary manslaughter
In a tragic turn of events, a two-vehicle crash in Shenandoah County resulted in the death of a motorcyclist and left another driver seriously injured. The Virginia State Police are currently investigating the circumstances surrounding the incident.
The collision, which occurred on Sunday, May 28, took place around noon on Route 11, also known as Old Valley Pike, just north of Mooreland Gap Road. According to reports, a 2013 Ford Edge, traveling southbound on Route 11, veered across the centerline, resulting in a head-on collision with a 2008 Harley-Davidson motorcycle traveling in the opposite direction.
The motorcyclist, identified as Bradley L. Painter, 57, of Mount Jackson, VA, was declared dead at the scene, succumbing to injuries sustained in the crash. Authorities confirmed that Painter was wearing a helmet at the time of the accident.
JONY SALAZAR-ORTIZ
The driver of the Ford, 28-year-old Jony Salazar Ortiz from New Market, VA, sustained serious injuries in the crash. Emergency responders transported Ortiz to Shenandoah Memorial Hospital for treatment. Police confirmed that he was wearing a seatbelt at the time of the incident.
In a subsequent development, Ortiz was taken into custody and is facing severe charges related to the crash. Authorities have charged him with one felony count of driving under the influence leading to involuntary manslaughter and one misdemeanor count of driving without a valid operator’s license.
Ortiz is currently being held without bond at RSW Regional Jail.
The Virginia State Police are actively investigating the crash. More information will be released as the investigation continues, and anyone with further information is urged to contact the local authorities. The incident serves as a sobering reminder of the critical importance of responsible driving and the tragic consequences that can result from negligence on the road.
Crime/Court
Joint Task Force Apprehends Child Pornography Suspect in Linden, Virginia
In a successful multi-jurisdictional operation, a Linden man was arrested on May 25th following an extensive child pornography investigation. John P. Farley Jr., 70, of the 900 block of Northern Spy Drive, Linden, was arrested and charged with 16 counts of child pornography-related offenses.
JOHN FARLEY
The Warren County Sheriff’s Office Criminal Investigations Division (CID), upon receiving information from the Metropolitan Washington Airport Authority (MWAA) Police, conducted a search warrant at Farley’s residence in March 2023. During this operation, several electronic devices from Farley’s home office were seized and handed over to the Loudoun County Sheriff’s Office Digital Forensics Unit for detailed examination.
Upon scrutiny, it was revealed that out of a total of 68 flagged items, 16 met the strict definitions of child pornography under Virginia state law. These items were carefully assessed by the Warren County Sheriff’s Office Investigator Hajduk, leading to the formal charges under Virginia Code § 18.2-374.1:1 against Farley.
This collaborative effort showcases the crucial role of cross-jurisdictional operations in combating internet crimes against children. The Warren County Sheriff’s Office is a dedicated member of the NOVA/DC Internet Crimes Against Children (ICAC) Task Force, an initiative coordinated by the Virginia State Police.
This case underscores the effectiveness of collective efforts across multiple law enforcement bodies, with the Warren County Sheriff’s Office acknowledging the pivotal assistance from the MWAA Police and the Loudoun County Sheriff’s Office.
As the fight against child exploitation continues, the public is urged to contribute any relevant information. For any details related to this case or the potential exploitation of minors, please contact Investigator Hajduk at the Warren County Sheriff’s Office at (540) 635-7100 ext. 2223 or via email at khajduk@warrencountysheriff.org.
Law enforcement agencies stress the importance of community engagement in identifying and detaining child predators, maintaining that collective vigilance plays a critical role in preserving the safety and welfare of our children.
Crime/Court
Blue Ridge Task Force strikes major blow to local drug trade
A resident of Rappahannock County, Eric L. Butler, 45, has been arrested following a six-month-long investigation led by the Blue Ridge Narcotics and Gang Task Force.
The Task Force executed a search warrant on Butler’s Brinkley Lane residence on Thursday, May 25. The operation led to the seizure of substantial amounts of illicit drugs, including 100 grams of cocaine, 20 grams of heroin, and 100 grams of marijuana. The drugs seized have an estimated street value of around $18,000.
Law enforcement officers also confiscated $21,792 in currency, a 2009 Chevrolet Tahoe, and seven firearms during the raid.
Eric L. Butler
$21,792 in currency, a 2009 Chevrolet Tahoe, and seven firearms were confiscated during the raid.
Butler is now facing multiple felony charges related to drug trafficking and illegal firearm possession. Specifically, he has been charged with two counts of possession with intent to distribute a schedule I/II drug, one count of possession with intent to distribute marijuana, one count of possession of a firearm while in possession of a schedule I/II drug, and one count of possession of a firearm by a convicted felon.
Following his arrest, Butler was transported to the RSW Regional Jail, where he is currently being held on a secured bond.
The Blue Ridge Narcotics and Gang Task Force, which led the investigation and subsequent arrest, is a coalition of law enforcement personnel from several local Sheriff’s Offices, Police Departments, and the Virginia State Police Bureau of Criminal Investigation. The Task Force includes members from the Rappahannock, Fauquier, Orange, Madison, and Culpeper Sheriff’s Offices; the Culpeper, Warrenton, and Orange Police Departments; and the Virginia State Police Bureau of Criminal Investigation, Culpeper Field Office.
This operation underscores the ongoing efforts by local and state law enforcement agencies to tackle drug trafficking and associated crimes in Virginia. The successful arrest and charges brought against Butler represent a significant victory in these efforts. Residents are encouraged to report any suspicious activities to their local law enforcement agencies, as community involvement plays a crucial role in maintaining a safe and drug-free community.
Crime/Court
Landlord-Tenant dispute escalates into gunfire at Shenandoah Farms residence
A long-standing dispute took a dangerous turn early this morning as shots were fired at a Shenandoah Farms residence. Local authorities were summoned to 100 block Mountain Laurel Lane following reports of a heated altercation involving a firearm. The address was previously known to the deputies due to an ongoing conflict between the landlord and the tenants.
Upon arriving at the scene, deputies gathered evidence, including eyewitness accounts and a cell phone video captured by a bystander. The investigation revealed that 68-year-old Alan Wayne Forney allegedly fired a 12-gauge shotgun into the air and above the head of another individual, Jessie Lake, during the heat of the argument.
Forney was promptly arrested on charges of brandishing and recklessly handling a firearm and subsequently transported to the Rappahannock/Warren/Shenandoah Jail. A 12-gauge shotgun believed to be used in the incident was collected from the scene as evidence.
As the investigation continues, officials are encouraging anyone with additional information to come forward. Contact Deputy Doffermire at 540-635-4128 with any relevant details that could aid in the investigation.
This incident serves as a chilling reminder of the potential escalation of ongoing disputes and the role of the community in ensuring safety.
Crime/Court
Reckless firearm discharge leads to serious injury, 19-year-old in custody
A young woman was treated at Warren Memorial Hospital after a reckless firearm discharge resulted in a gunshot wound. Authorities report that the incident occurred outside town limits and is currently under investigation by Warren County Sheriff’s Office.
The Front Royal Police Department initially responded to a report from hospital staff regarding a gunshot wound victim who sought treatment at the facility. Quickly ascertaining that the shooting incident occurred outside their jurisdiction, they handed over the investigation to Warren County Sheriff’s Office.
NATHANIEL DUNCAN
Investigation findings suggest that the female victim sustained her injury due to the reckless handling of a 9mm Glock handgun by 19-year-old Nathaniel Liam Duncan. The incident took place on May 19, 2023, around 22:15 hrs on Rt 55/Strasburg Rd, as the victim was driving from Shenandoah County. The occupants of the vehicle, including the suspect, had recently left a gathering where alcohol was consumed.
Witnesses report that Duncan started to show off the Glock firearm in the moving vehicle, to the surprise of many who were unaware of the weapon’s existence. Despite the urging of a female passenger to stow the firearm safely, Duncan negligently discharged it, with the bullet passing through the driver’s seat and into the driver’s body. Remarkably, the injured driver managed to drop off all passengers at a residence before seeking hospital treatment.
Authorities later apprehended Duncan at a Warren County residence without any incident. The Glock firearm suspected to have been used in the incident was recovered from a shed at the same property.
Duncan has since been charged under Code of Virginia 18.2-56.1 for Felony Reckless handling of a firearm causing serious bodily injury to another resulting in permanent and significant physical impairment.
The Warren County Sheriff’s Office has expressed its gratitude to the Front Royal Police Department for their prompt involvement and assistance, which contributed significantly to the swift handling of the investigation.
This investigation is ongoing, and the authorities are appealing to anyone with information regarding the case to contact Lieutenant M. Glavis at (540) 635-7100 ext. 1. The incident serves as a grim reminder of the potential consequences of irresponsible firearm handling, particularly when alcohol is involved.
Crime/Court
WCPS staff members at Hilda J. Barbour Elementary on leave following complaint; Joint investigation by Warren County Sheriff’s Office and Department of Social Services underway
Warren County Public School’s administration was made aware of a complaint involving staff members at Hilda J. Barbour Elementary School. The staff members were placed on leave pending an investigation. WCPS employees immediately contacted the Warren County Sheriff’s Office and the Department of Social Services to conduct a joint investigation into the complaint.
Parents with children in the affected classroom were contacted and were asked to speak to their child and to contact WCPS personnel if they had additional questions or information.
Staffing has been shifted to provide continued educational services and supports in the classroom.
This is an ongoing investigation, and no additional comments will be made at this time.
Press Release from Warren County Public Schools.
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