He’s back: Hollis Tharpe’s solicitation charge dropped – will run for mayor

Flanked by colleagues Bill Sealock and Letasha Thompson, then Mayor Hollis Tharpe listens as former Councilwoman Bébhinn Egger addressed council on March 25 regarding past mistakes on the EDA front. Royal Examiner File Photos/Roger Bianchini

An emotional Hollis Tharpe let one of his attorneys speak for him in the wake of Special Prosecutor Heather Hovermale’s request that Judge William W. Sharpe dismiss the misdemeanor solicitation of prostitution charge against him Monday afternoon. It was a request Judge Sharpe granted.

“Based on this testimony the Commonwealth believes it cannot go forward,” Hovermale said after posing several questions to Cynthia Bailey, operator of a massage parlor on the 300 block of Biggs Drive in Front Royal. Bailey responded to each question, including whether she knew Tharpe or if he had ever touched her in a way she did not invite, asserting her Fifth Amendment right not to self incriminate.

As noted by her attorney David Downes prior to her questioning by the special prosecutor, the 55-year-old Bailey is facing two misdemeanor and two felony charges related to the operation of her massage parlor under the banner of Blue Valley Services.

Prior to questioning Bailey, Hovermale told the court prosecutors initially believed Bailey would be a cooperating witness, but later learned through her attorney that she planned to exercise her Fifth Amendment right if called as a witness in the Tharpe prosecution. Hovermale noted that the Commonwealth’s case against Tharpe revolved around Bailey, whom she observed was the only person present to hear the alleged solicitation request by Tharpe.

The whole hearing lasted 10 minutes, ending at 3 p.m., Monday afternoon, July 15.

Tharpe initially stopped outside the second-floor Warren County Circuit Courtroom B to address media present, but then quietly turned away arm in arm with his wife Debbie, saying, “I’m a little emotional right now,” as tears welled in his eyes and the couple moved away for some privacy.

Beau Bassler and David Hensley represented Tharpe. As Hensley returned to the courtroom for another case, Bassler commented on the outpouring of support his client had received from old friends and new – “Hundreds, thousands of people have sent prayers to him; they believe in him. He is a man of faith and that faith has taken him far. His wife, family and friends have all stood by him.”

Bassler noted his client’s resignation as mayor of Front Royal in the wake of the charges – “He stepped down so as not to be a distraction to the conduct of town government. Fortunately now the distraction in his life is over.”

“I guess it is appropriate at this time to announce I will be on the ballot for the November 5th election,” Tharpe did manage to say outside the courtroom. He said he had turned about 190 signatures in to the Voter Registrar to get on the mayoral ballot in November, 125 signatures are required to be put on the ballot.

After being indicted on the one misdemeanor count of solicitation by a Warren County Grand Jury, perhaps ironically whose foreman was now Interim Front Royal Mayor Matthew Tederick, on April 15, Tharpe initially announced he would place himself on administrative leave. But four days later on April 19 Tharpe said he would resign as mayor effective May 2. Tharpe explained his decisions as not wanting the charge against him to distract town government from the conduct of its business pending a resolution of his case.

At the time Tharpe called the misdemeanor charge against him “embarrassing” and “baseless”. He admitted to visiting the massage parlor, but for what he said were legitimate massages on his aching 67-year-old body.

Asked Monday if he now regretted stepping down as mayor, Tharpe said no. But he later added outside the courthouse, “They can’t take the mayor’s job away from me, the people gave it to me with 95% of the vote. Tharpe ran unopposed in his last election for a term slated to run to 2020. Interim Mayor Tederick has said he is not interested in seeking election to a full term.

Tharpe converses with constituent following March 25 meeting – could a reprise of such mayoral conversations be on the horizon following Monday’s developments?

Tharpe attorney Bassler praised the special prosecutor for her actions at Monday’s hearing. “Heather Hovermale is a fair prosecutor, a prosecutor of integrity. Instead of prolonging this to torture someone, in the face of developments in the case she let it go.”

Front Royal mayor poised for indictment on sexual solicitation charge

A Virginia State Police press release announcing Tharpe’s pending indictment on April 12 indicated Tharpe’s charge stemmed from an investigation launched at the direction of the Virginia Attorney General’s Office.

That there was an investigation into Tharpe went public on August 30, 2018, when Warren County Commonwealth’s Attorney Brian Madden filed notice he would recuse himself from any possible prosecution relating to an “Investigation Concerning Hollis Tharpe”. Special Prosecutor Hovermale works out of the Winchester Commonwealth’s Attorney’s office of Marc Abrams, which was handed the case following Madden’s recusal announcement.

As press releases fly, plot thickens in Tharpe sex solicitation case

Had Bailey testified against Tharpe during Monday’s hearing, arguments on a change of venue request by the prosecution would have been heard. However in the wake of Bailey’s invocation of her Fifth Amendment right, the change of venue request became a moot point.

Trial date of Oct. 25 set in Tharpe solicitation case – prosecution seeks change of venue