On Thursday, November 21, four Front Royal-Warren County Economic Development Authority criminal defendants saw preliminary hearings, and in one case trial dates over the objection of Donald Poe’s attorneys, continued to future dates. Those defendants were former EDA Executive Director Jennifer McDonald, her husband Samuel North, former EDA small business client B&G Goods principal William Lambert, and former EDA solar panel contractor Earth Right Energy principal Donald Poe.
A date of January 10, at 1 p.m. was set for motions hearings and possible trial date settings on joint defense-commonwealth motions in McDonald’s, North’s and Lambert’s cases. Only Poe co-counsel William Ashwell objected to the delays, noting his client was in a somewhat different position that the other defendants.
That position is trial dates on all four charges against Poe already set for December 6 (perjury to the grand jury) and three financial charges of obtaining or conspiring to obtain money by false pretenses set for a three-day trial January 22 to 24.
Ashwell told the court his client was “pretty anxious to clear his name” adding, “I think we need to get things going now.”
Noting the defendant’s objection, Judge Bruce D. Albertson included the Poe cases in the continuations granted Thursday to the 1 p.m. docket on January 10.
As explained by Commonwealth’s Attorney Bryan Layton, primary among the reasons for those continuations is the naming of a new prosecutor’s office to handle the EDA-related criminal prosecutions. Layton has been leading the Special Grand Jury empaneled to investigate potential criminality tied to the $21.3 million dollar EDA civil litigation since former Warren County Commonwealth’s Attorney Brian Madden left the office to assume a judicial appointment in Frederick County.
However, with a newly-elected Commonwealth’s Attorney, John Bell who was hand to observe Tuesday’s proceedings, poised to take office at the turn of the year Layton notified the court he was withdrawing as special prosecutor for the EDA grand jury investigation into EDA affairs.
And Bell told the court due to peripheral past legal representations or political affiliations, he would recuse himself from EDA prosecutions to “avoid any appearance of impropriety so the people of Warren County are assured there are no thumbs on the scales (of justice).”
Chief 26th Judicial District Circuit Court Judge Albertson, himself a replacement after all Warren County Circuit Court judges recused or left for higher court appointments prior to pending recusals, accepted Layton’s recommendation of the Rockingham County Commonwealth’s Attorney’s Office to take over the EDA criminal prosecutions.
Rockingham Assistant Commonwealth’s Attorney Michael J. Parker was present to represent the office of Rockingham Commonwealth’s Attorney Marsha Garst. Courtroom discussion indicated Parker would take the point for Rockingham’s work on the EDA cases.
Related to various motions hearings scheduled for Thursday afternoon’s 4 p.m. docket, Layton noted the “voluminous material” related to the EDA cases and asked the court for “an extra period of time to get Mr. Parker up to speed.”
That voluminous material was referred to as a “terabyte” of digitized information ordered by the Virginia Supreme Court to handle what has been referred to in previous hearings as 700,000 to one million pages of related documentation.
Despite his counsel’s objection and Poe not joining the other defendants in waiving their rights to speedy trials, Earth Right Energy principal Poe will join the other three defendants in court for hearings on January 10 on the 1 p.m. docket.
Judge Albertson continued Poe’s scheduled jury trial on his perjury charge from December 6, to the previously scheduled first day of an anticipated three-day trial on the EDA financial fraud charges, January 22, with the following dates available were that trial to go beyond one day.
Albertson also set a hearing for the aborted December 6 perjury trial date to set a new date for Poe’s now in limbo financial charges trial.
Albertson also granted North attorney Frank Reynold’s request for a Bill of Particulars on the three charges his client faces related to actions cited as occurring “on or about August 1, 2015” to be responded to by January 8, two days prior to the newly scheduled motions hearing date.
Reynolds, like Lambert attorney Phil Griffin, told the court he and his client did not want to have to navigate the perhaps digital planetary-sized “terabyte” of EDA financial fraud-related documentation for information on a limited, yet thus-far unspecified accusation against his client.
McDonald is facing 32 felony financial fraud indictments; her husband North three; Lambert three, and Poe four, including the perjury charge, related to information contained in the $500,000 County-EDA contracted Cherry Bekaert financial fraud investigation of EDA financial affairs during McDonald’s executive directorship of the EDA.
Winchester Police on point of carjacking suspect arrest in Front Royal
Prior to 8 a.m., Thursday morning, April 2nd, not far from the Royal Examiner/National Media Services’ Commerce Avenue Front Royal offices, a joint law enforcement operation led by the Winchester City Police Department’s Investigative Unit arrested a suspect on multiple charges in a March 28 incident in the city. Below is the Winchester Police Department’s full press release on its investigation and Thursday morning’s joint-departmental operation:
On April 2, 2020, at approximately 7:15 a.m., the Winchester Police Department (WPD), assisted by other law enforcement agencies, executed a search warrant at 218 East 6th Street in Front Royal, VA following an ongoing investigation into a carjacking in the City of Winchester. As a result of the investigation and search warrant, Diontre Tyrese Bell, 20 years old, of the above address in Front Royal, was arrested and charged with carjacking, robbery, and being a felon in possession of a firearm.
On March 28, 2020, at approximately 12:30 a.m., WPD was alerted to a motor vehicle theft that had just occurred in the 100 blocks of East Pall Mall Street. Upon investigation into the incident, detectives learned that the male victim was standing outside his 1990 Dodge Caravan when he was approached by a group of males. One of the males, later identified as Diontre Bell, grabbed the backpack the victim was wearing and took items including a firearm and keys to the van. Threatening statements were made during the encounter. No injuries were sustained during the incident. The van was later recovered on March 30th, parked and unoccupied, along the roadway in the 1300 block of South Braddock Street.
During the execution of the search warrant, two cell phones were seized and DNA was collected. Bell is being held at the Rappahannock Shenandoah Warren Regional Detention Center without bond. The Winchester Police Department would like to publicly thank the Front Royal Police Department, Warren County Sheriff’s Office and the Northwest Regional Drug Task Force for their assistance in the investigation.
Front Royal man arrested on robbery and weapons charges
Early this morning, D’Andre Lawrence was arrested on felony robbery and weapons charges stemming from an early morning incident at the Blue Ridge Motel. Front Royal Police were called at approximately 1:30am to respond to an alleged robbery that had occurred at the local motel. The victim alleged that two individuals assaulted him and took an undisclosed amount of money and ran in the direction of Massanutten Avenue.
Lawrence was arrested on the mentioned charges and transported to RSW Regional Jail and held without bond. The second individual in this incident was identified as a male juvenile and is wanted for questioning.
Anyone who may have information about this case is asked to please contact Detective Z. King at 540-636-2208 or by email at firstname.lastname@example.org.
Virginia State Police concludes investigation into inmate death at New River Regional Jail
The Virginia State Police Bureau of Criminal Investigation’s Wytheville Field Office has concluded its investigation into the September 2019 death of an inmate at the New River Valley Regional Jail. The case is closed and no charges will be placed in accordance with the findings of the Office of the Medical Examiner in Roanoke and at the advisement of the City of Radford Commonwealth’s Attorney and Pulaski County Commonwealth’s Attorney.
The investigation was conducted at the request of the New River Valley Regional Jail. On the evening of September 11, 2019, Radford University Police responded to a call at a campus facility concerning Aris Eduardo Lobo-Perez, 18, of Culpeper, Virginia. Police took him into custody shortly before midnight on a charge of public intoxication. As is standard procedure, Lobo-Perez was transported by the arresting agency to New River Valley Regional Jail in Pulaski County.
At approximately 7:20 a.m. on September 12, 2019, jail personnel approached Lobo-Perez to offer him breakfast, which he declined. It was at 7:50 a.m. that jail personnel found Lobo-Perez unresponsive in his cell. Despite the immediate efforts by jail personnel to resuscitate the inmate, Lobo-Perez was declared deceased at the jail. His remains were transported to the Office of the Medical Examiner in Roanoke for examination and autopsy.
Fugitive since 2015 arrested
During the course of a preliminary investigation, Detective M.R. Ramey obtained credible information regarding the location of a wanted fugitive out of Prince George County, VA. With the assistance of the United States Marshal’s Service and the Warren County Sheriff’s Office, Derek S. Vrable, 34, was arrested without incident at a residence located in Warren County this afternoon. The underlying charges for this arrest were for Grand Larceny and Breaking and Entering. Vrable has been wanted on this violation since 2015.
Derek Vrable was arrested by the U.S. Marshals Service and transported to the RSW Regional Jail by Warren County Sheriff’s Office where he is currently being held without bond. Other charges may be forthcoming in the near future regarding the initial criminal investigation. No further details are available in this case due to the pending nature of the active investigation.
The Front Royal Police Department would like to extend our thanks to the U.S. Marshal’s Service and the Warren County Sheriff’s Office for their assistance in apprehending this individual.
Anyone who may have further information regarding this case is asked to please contact Detective M.R. Ramey at 540-636-2208 or by email at email@example.com.
School bus driver arrested and charged with kidnapping and abduction
On March 4, 2020, the Warren County Sheriff’s Office received notice from the Warren County Middle School that a 13-year-old female student has made comments alleging an adult male bus driver has made inappropriate comments and advances toward her.
The school notified the School Resource Officer, and Warren County Sheriff’s Office Investigators arrived and contacted the victim’s parents and interviewed the young girl. WCSO Investigators located the alleged offender at his home. Agosto Andres Luzunaris, age 42 of Linden, Virginia, was arrested and charged with one count of Kidnapping and Abduction (class 5 felony) that occurred on or about December 2019 through March 2020. Luzunaris is currently being held without bond at the RSW Jail in Front Royal.
WCSO says the investigation is ongoing; however, it has been reasonably determined there was no risk of harm to other children, and this was determined to be a localized incident. There were no complaints of physical damage to the victim, and the charges stem from allegations that the offender made inappropriate comments and physically restricted the movement of the victim on the school bus.
Melody Sheppard, Interim Superintendent, Warren County Public Schools responded, “Our primary concern is always the physical and emotional well-being of our students. Warren County Public Schools will continue to support the Warren County Sheriff’s Office investigation.”
Code of Virginia
§ 18.2-47. Abduction and kidnapping defined; punishment.
B. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services shall be deemed guilty of “abduction.” For purposes of this subsection, the term “intimidation” shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification or threatening to report another as being illegally present in the United States.
C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms “abduction” and “kidnapping” shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.
Harrisonburg man charged following Loudoun County pursuit and shooting
A Harrisonburg, Virginia, man faces multiple charges following a pursuit and a non-fatal officer-involved shooting Thursday evening (Feb. 27, 2020) in Loudoun County. Michael E. Bonner, 54, was released from Reston Hospital Center Friday afternoon (Feb. 28, 2020) and taken in state police custody. He has been charged in Loudoun County with grand larceny of a vehicle, eluding police, hit and run, driving without a driver’s license and unauthorized use of a stolen vehicle, and is being held at the Loudoun Adult Detention Center.
The incident began at approximately 7:30 p.m. Thursday (Feb. 27, 2020) when a 2017 Ford Escape passed a Virginia State Police trooper as they were traveling east on Route 50 in Loudoun County. The trooper’s license plate reader alerted the trooper that the Ford had been reported stolen out of Fairfax County. The trooper attempted to initiate a traffic stop, but the Ford refused to stop and sped away on Route 50 near Tall Cedars Parkway. During the course of the pursuit, the Ford Escape reached speeds of up to 100 mph and rammed two state police vehicles that were attempting to contain the fleeing vehicle in order to bring it to a stop.
State police again surrounded the suspect vehicle and forced it to a stop on South Sterling Boulevard near Shaw Road in Loudoun County. During the course of engaging with the pursuit suspect in order to take him into custody, Bonner was shot at by state police. Bonner was transported to Reston Hospital Center for treatment of the non-life threatening injury.
The Virginia State Police Bureau of Criminal Investigation’s Fairfax Field Office responded to the scene to investigate the officer-involved shooting, which remains under investigation at this time. Once the investigation is completed, state police will turn its findings over to the Commonwealth’s Attorney for review and adjudication.
No law enforcement personnel were injured in the incident, which remains under investigation at this time. In accordance with Department policy, the trooper involved in the shooting has been placed on administrative leave.