On Tuesday, July 20, U.S. Western District Harrisonburg Division Bankruptcy Court Judge Rebecca B. Connelly issued a “Non-Dischargeable Consent Order Judgement” in Jennifer McDonald’s bankruptcy filing. The judge’s order decrees that “The Warren EDA is granted judgment against and is entitled to recover from Debtor, the sum of $9,000,000; and this judgment shall survive discharge of the Debtor in this Chapter 7 bankruptcy …”
The preface to Judge Connelly’s ruling notes that “In the interest of resolving this matter and avoiding litigation uncertainty, risks, and costs, but without the Debtor admitting the Warren EDA’s allegations, the Warren EDA and the Debtor have engaged in arm’s length negotiations and agree that the Warren EDA’s non-dischargeable claim is in the amount of $9,000,000 …”
The bottom line appears to be that the EDA and its former executive director have agreed that $9 million is the amount of the EDA’s civil court claim against McDonald, without her agreeing that she actually did anything wrong to justify the claim. So, that amount will be subject to collection in the civil action claim by the EDA outside the bankruptcy court process. The bankruptcy court order notes that any amount the EDA was to recover in the bankruptcy action would apply to achieving its $9-million civil claim in Warren County Circuit Court.
A reading of an “Exhibit A1 – the Stipulation” explaining detail of the “Non-Dischargeable Consent Order Judgement” further elaborates that McDonald as “The Debtor waives any right to contest the validity, enforceability, extent, and scope of the terms of the Stipulated Non-Dischargeable Judgment … and waives any right to seek relief from this Stipulation on any grounds” based on any applicable law.
Remaining at issue between the parties appears to be how the EDA will collect that $9-million dollar judgement the parties have agreed to. A number of McDonald-owned properties were frozen by the court early in the civil process, while properties co-owned with other family members were not. Since that order several relatives were named as co-defendants. The “Stipulation” also notes that the EDA-McDonald agreement order “shall not release or discharge any entity other than the Debtor from any liability owed to the Warren EDA” under its Amended Complaint in civil court against all co-defendants.
No ‘Summary Judgement’ against ITFederal
Also, on the EDA vs. McDonald et al. civil action side, on July 14, Harrisonburg-based presiding Circuit Court Judge Bruce D. Albertson dismissed an EDA motion for a “Summary Judgement” ruling against Truc “Curt” Tran’s ITFederal LLC. Plaintiff and defense attorneys made oral arguments on the EDA motion before Albertson on June 10. The bottom line here appears to be that the court has ruled there is not enough substantive information in the plaintiff’s original complaint to rule ITFederal immediately liable for the claim against it.
ITFederal’s $10-million EDA loan to achieve the development of its 30-acre parcel (valued at about $2 million but gifted to ITFederal by the EDA for one dollar) at the Royal Phoenix Business Park/former Avtex Superfund site, with as much as another $2 million in developmental expenses, was the largest single claim in the initial EDA financial scandal civil action.
The EDA alleges that the ITFed loan was achieved under false pretenses as part of the over-arching embezzlement-misappropriation of funds conspiracy allegedly orchestrated by McDonald as EDA executive director after former federal Sixth Congressional District Representative Robert Goodlatte brought Tran here with much ballyhoo for a fall 2016 ITFederal ribbon cutting at the Avtex site. And now the EDA claim against ITFederal, which remains current on its EDA loan payments of about $40,000 a month with an estimated $2 million spent on site, will, unlike the EDA claim against McDonald, continue as a contested part of the EDA’s civil action.
See related EDA meeting, 2018-19 audit story – “Financial Scandal Era Audits near completion as EDA ponders Budget Adjustments”
Missing juvenile located, Arkansas man arrested
A 14-year-old Frederick County juvenile has been located safely and an Arkansas man is under arrest, at this time, facing various charges to include abduction. Rae-Anna Allen was last seen leaving her home in Winchester on Sunday, January 9th around 11:07am and was later reported missing by her family. Deputy J.A. Tanner and Investigator B.J. Hazelwood worked in tandem to attempt to locate Rae-Anna and began re-tracing her movements through digital forensics and with the assistance of other law enforcement agencies. Electronic footprints had shown a strong possibility that Rae-Anna was mobile in a vehicle and no longer in Frederick County, or the Commonwealth of Virginia, by early Sunday evening.
Law enforcement officials in Virginia and Tennessee began checking for video surveillance along the I-81 corridor, in areas where cellphone towers indicated Rae-Anna’s phone had recently been active. The hope was to spot the juvenile, and any person she may be with, or a vehicle she might be traveling in for a nationwide Amber Alert to be issued. The Frederick County Sheriff’s Office had over 3,000 social media post shares of Rae-Anna’s disappearance that reached over 170,000 people including the National Center for Missing and Endangered Children who then shared that information to thousands more.
A possible location for Rae-Anna 1,100 miles from Winchester, in Arkansas, was obtained and is where the Hempstead County Sheriff’s Office executed a search of a home overnight. Sheriff’s deputies found Rae-Anna in the company of 22-year-old Christopher Lane Stone of Hope, Arkansas and immediately took the male into custody. In Frederick County, Deputy Tanner obtained a warrant for abduction that was served on Stone by HCSO at 2:48 am. A follow-up investigation is being conducted by the Arkansas authorities and further charges, from that jurisdiction, are pending.
The Frederick County Sheriff’s Office wishes to acknowledge and thank: The Virginia State police BCI High Tech Division, the Blountville (TN) Sheriff’s Office, the Green County (TN) Sheriff’s Office, the United States Marshalls Service, the National Center for Missing and Endangered Children and the Hempstead County (AR) Sheriff’s Office.
Sheriff Lenny Millholland is proud of the work of his people, and grateful for the support and assistance from the community in getting critical information on Rae-Anna out to so many people so quickly, resulting in locating and bringing this missing juvenile home safely.
New fencing up, Holloway’s ‘Dog Day’ in court ends with dismissal and payment of court costs
On the 10 a.m. Wednesday morning (Jan. 12) docket in Warren County General District Court, a misdemeanor charge of dogs running at large against Front Royal Mayor Chris Holloway was dismissed with payment of $104 in court costs. Holloway was not in court, but was represented by counsel John O’Neill. Assistant Commonwealth Attorney Lindsay LeHew represented the prosecution and Judge W. Dale Houff presided. The charge carries a maximum $200 fine.
Contacted outside the courtroom, O’Neill explained the resolution as typical of a defendant coming into compliance on this type of charge. He noted that Holloway’s construction of new fencing capable of holding his two large Bull Mastiffs on his Virginia Avenue property had been verified by involved Warren County Sheriff’s Office Deputy C.R. Clatterbuck and that the Commonwealth had been notified of the defendant’s effort to come into compliance in preventing future escapes of his two large canines.
Holloway’s summons was issued on Nov. 28 in the wake of a complaint by Holloway neighbor Cheryl Langlais after she and her adult son were charged by the dogs along Virginia Avenue, one of which was said to have grabbed ahold of the son’s clothing in an aggressive manner. When multiple previous complaints involving the Holloway’s dogs were noted by law enforcement the summons was issued.
Shooting death at Frederick County residence under investigation
At approximately 11:50 a.m. today (Dec. 30), a shooting was reported in the 100 block of Dick’s Hollow Road in Frederick County which has resulted in the death of one person.
- The Sheriff’s Office can confirm that a male subject was shot by the homeowner during some type of verbal or physical altercation.
- There were multiple subjects in the residence at the time with one subject fatally struck by gunfire.
- Early indications are that there was only a single shot fired.
- The subject who fired the weapon is in custody.
- There is no ongoing threat to the community currently.
- The identity of the victim is not being released pending notification of next of kin.
Details are limited at this time as this incident remains an active crime scene with law enforcement still processing evidence and speaking to witnesses and suspects. A more detailed press release will be forthcoming in the future.
Holloway cited in November dog charge
After numerous complaints of his large mastiff dogs running loose in the neighborhood Mayor Chris Holloway has been issued a summons to appear in Warren County Circuit Court on Jan. 12, 2022, at 10 a.m.
According to a November 28 citation issued by Warren County Sheriff’s Office Sergeant C.R. Clatterbuck, Holloway was charged with a single count of dogs running at large, which carries a maximum $200 penalty.
Clatterbuck’s incident report states he arrived in the area of Academy Drive and Virginia Avenue for a dog bite call and “observed two very large brown dogs in the middle of Academy Drive.” He wrote that he “observed a male subject (identified as Holloway) attempting to contain the dogs, but the dogs were not listening.” Once the dogs were contained and Clatterbuck spoke to Holloway, the dog owner “explained that his dogs were nice and did not bite anyone,” the report states.
The citizen who made the initial call for assistance, Cheryl Langlais, reached out to Royal Examiner the evening of the incident. She relayed that she and her adult son had been walking in their neighborhood when the dogs approached the pair in a menacing manner. She stated that the dogs had frequently roamed the neighborhood and she felt that the situation was “an accident waiting to happen”.
Langlais said in a telephone interview that the dogs were “growling and barking before grabbing my son’s arm and leg.” It was at that point that Langlais called police, hastily telling the dispatcher that the dog had “bitten my child” before ending the call and attempting to help her son.
Langlais explained that though the dog grabbed her son, its teeth had latched on to loose portions of his clothing and not penetrated to his skin. Clatterbuck’s report confirmed that there was no bite injury and noted that the dogs had “come up to them and nudged them hard.”
Upon speaking to Holloway, Clatterbuck writes in the report that “Mr. Holloway showed me in the rear of his fence, he had green fence post driven into the ground to attempt to contain the dogs due to a short fence issue.” Holloway, according to the incident report, stated that he had been pricing fencing at a local store and planned to install a new fence.
Following that conversation, Clatterbuck wrote that he contacted dispatch and “spoke to other deputies who both advised me we have dealt with the same issue with same dogs multiple times.” He stated that Holloway was issued a summons for dog at large and given information regarding available fencing.
Langlais told Royal Examiner that she had tried to be neighborly regarding Holloway’s dogs and had tried to help “round them up” in the past when they had escaped from the waist-high fence.
“All of this could have been avoided with an act of civility on Holloway’s part, had he simply apologized or inquired if everyone was okay. He is not neighborly, not a good citizen, particularly as a leader.”
Royal Examiner reached out to Holloway for comment, but he did not respond.
UPDATE: I-81 Rest Area Shooting Suspect Deceased; Investigation Remains Ongoing
The investigation continues into a shooting that occurred at a Frederick County Rest Area along Interstate 81 Sunday (Dec. 26) morning.
Shortly before 9:30 a.m., a man and woman became engaged in a domestic dispute at the southbound I-81 Rest Area at the 320-mile marker. When the dispute turned physical, several individuals who happened to be at the Rest Area tried to intervene for the woman’s safety. The 34-year-old male, Cesar Juarez Avila, then began firing at the woman and individuals who had intervened. The woman and three males were shot. Avila fled the Rest Area driving a Chevrolet Malibu.
The female and two male victims were transported to Winchester Medical Center for treatment of non-life-threatening injuries. A third male victim was flown to Fairfax Inova Hospital for treatment of serious, but non-life-threatening, injuries.
State police, with the assistance of the Frederick County Sheriff’s Office, secured the Rest Area and began actively following up on leads concerning Avila’s whereabouts.
Shortly after 12 p.m. Sunday, a Frederick County Sheriff’s Deputy spotted the Chevrolet Malibu traveling on Airport Road in Frederick County. When the sheriff’s deputy and state police pulled in behind the Chevrolet, it sped away and a short pursuit ensued. Law enforcement positioned their vehicles around the suspect vehicle and forced it to a stop. When the Malibu came to a stop, law enforcement witnessed shots being fired inside the Malibu. When troopers approached the vehicle, they located Avila in the driver’s seat suffering from a gunshot wound.
Avila was transported to Winchester Medical Center, where he succumbed to his injuries. Avila’s body was transported to the Office of the Medical Examiner in Manassas for autopsy and examination.
No law enforcement discharged their weapons during the course of the incident. A handgun was recovered from inside the Malibu.
The incident remains under investigation by the Virginia State Police Bureau of Criminal Investigation’s Culpeper Field Office.
The I-81 southbound Rest Area was reopened to the public at approximately 4 p.m. Sunday.
Virginia State Police investigating deputy-involved shooting in Rappahannock County
At the request of Rappahannock County Sheriff Connie Compton, Culpeper County Sheriff Scott Jenkins, and Madison County Sheriff Erik Weaver, the Virginia State Police Bureau of Criminal Investigation Culpeper Field Office is investigating a pursuit and shooting that involved their personnel.
At 5:30 p.m. Friday (Dec. 17, 2021), the Town of Culpeper Police Department issued a “Be On the Lookout” to regional law enforcement for Jeremy A. Yates, 21, of Culpeper, Va. An Emergency Custody Order (ECO) had been obtained for him and it was believed that he may be armed with a gun.
At approximately 9 p.m., a Madison County Sheriff’s Deputy observed a 2018 Chevrolet Colorado stopped in the roadway on Rt. 231 (Etlan Rd) in Madison County. As deputies from the Madison County Sheriff’s Office approached the Chevrolet, Yates sped away and a pursuit ensued. During the course of the pursuit, Yates began firing shots at passing vehicles. When the pursuit continued north on Rt. 231 into Rappahannock County, a Rappahannock County Sheriff’s Deputy became involved in the pursuit. It was during this time that Yates fired and struck a Rappahannock County Deputy’s vehicle multiple times.
As Yates was driving south on Rt. 707 (Slate Mills Rd) near the intersection of Rt. 644 (Reva Rd) – which is inside the Rappahannock County but right at the Culpeper County line – he began shooting at Culpeper County Sheriff’s Deputies who were stopped in the roadway and facing north on Slate Mills Road. The Culpeper County Sheriff’s Office personnel returned fire. The Chevrolet Colorado then ran off the left side of the road, collided with an embankment, and overturned.
Deputies attempted to render first aid, but Yates died at the scene. His remains were transported to the Office of the Chief Medical Examiner in Manassas for examination and autopsy.
Two handguns were recovered from the Chevrolet Colorado.
No deputies or other persons were injured during the incident. No citizens have reported their vehicles being struck by bullets from when Yates was firing at other vehicles.
The investigation remains ongoing at this time.
Anyone with additional information regarding this incident is encouraged to contact the Virginia State Police Bureau of Criminal Investigation at 540-829-7400 or email@example.com.