Crime/Court
Joint motion to continue Luckey hearing toward what – trial date or plea agreement? RSW fatal overdose hearings also continued
A trio of high-profile criminal cases set for hearings and at least one possible setting of a trial date were continued in Warren County Circuit Court on Monday morning, May 16. Those cases, in the order they were called on the May Grand Jury Term Day docket, were Daniel Edward Shifflett, Brian Thomas Martin, and William Raymond Luckey. Shifflett and Martin’s hearing were continued to July 11, at 9 a.m. Luckey’s hearing was continued to June 3, also on the morning docket.
Based on evidence indicating the in-facility sale and provision of a fatal opioid dose, Shifflett and Martin have been charged with Second-Degree Murder in the RSW Regional Jail inmate overdose death of Jonte Smith last December 12. Luckey, a former Christendom College professor and professor emeritus for 30-plus years, was arrested June 25 of last year on charges of “Indecent Liberties” and “Solicitation” of a minor child under the age of 16.
A hint that negotiations toward a possible plea deal in the 73-year-old Luckey’s case were being pursued was offered by Stafford, Virginia-based defense counsel Thaddeus Furlong in forwarding a joint motion with the Commonwealth for continuing the hearing at which a trial date was expected to be set. “I think we are making progress toward resolving this case,” Furlong told the court in seeking the continuance of the hearing.
Judge William W. Sharp granted the continuance to June 3rd on the 9 a.m. docket. The judge also extended Luckey’s $50,000 bond granted conditionally at the Circuit Court level on July 12, 2021. Luckey had initially been denied bond in a June 30 Juvenile and Domestic Relations Court hearing in front of Judge Nancy Reed. Conditions of Luckey’s bond imposed by Judge Sharp include that he has “no contact with minors without another adult within sight and sound of them” and “No contact directly or indirectly with the victim or the victim’s parents”. Luckey was further ordered “Not to counsel or direct or encourage any effort by anyone else to discourage victim, victim’s parents, or other witnesses from cooperating with the prosecution”.
William R. Luckey at the time of his June 25, 2021, booking at RSW Jail on indecent liberties charges against a minor alleged to have occurred three days earlier. Courtesy Photos RSW Jail website
The order forbidding attempts to influence a dropping of the charges addressed Assistant Commonwealth Attorney Samantha Meadows’ concern about the content of recorded phone calls between Luckey at RSW Jail after his arrest and his wife Julie, indicating a possible effort to influence the victim’s parents into dropping the charges, which Meadows noted during that earlier bond hearing would be witness tampering, a crime in its own right.
A pandemic-masked and frail-looking Luckey made his way into the courtroom shakily late Monday morning, with the aid of a walker. Defense council Furlong told the court his client suffered the consequences of an earlier brain injury. In arguing for bond in the lower court, Furlong’s co-counsel Shannon Johnson cited myriad health issues Luckey suffered from that would be exacerbated by continued incarceration. Those included cardiac problems, high blood pressure, and consequences of a past back injury. Defense counsel Johnson also contended that specifics in the Commonwealth’s case against Luckey indicate a comparatively mild incident compared to some of the verbiage included in the “Solicitation” warrant reflecting the harsher side of sex abuse against minors statutes.
As reported in Royal Examiner’s coverage of the June 30 J&D Court bond hearing, responding to his wife’s taped phone conversation comment, “This isn’t what happened” of specific oral or penetrative sexual acts listed in a general “Solicitation” warrant, Luckey replied, “No, it doesn’t say ‘Show me your hiney’.” At the initial bond hearing the prosecution first presented evidence indicating Luckey had offered the child ten dollars to see their posterior, which was declined. However, the prosecution noted that the ten dollars had been left by Luckey, perhaps indicating additional efforts by the defendant that achieved that initial request.
RSW overdose charges
As to the two scheduled preliminary hearings for Shifflett and Martin, the former who also overdosed the day of the Jonte Smith’s overdose death, both were continued to July 11, on the 9 a.m. docket. Shifflett was represented in the courtroom by defense counsel Lou Nagy. Shifflett, like Martin who was represented by Greg Bowman, appeared by video from RSW Regional Jail where they both were incarcerated at the time of the overdose drug incidents of last December 11-12.
Daniel Shifflett, 32, and Brian Martin, below 34, are both facing 2nd Degree Murder charges in what is believed to be an unintentional opioid overdose death of fellow inmate Jonte Smith, 21, on Dec. 12, 2021, at RSW Regional Jail.
As previously reported by Royal Examiner regarding the “Death in Custody Briefing” of RSW Regional Jail Superintendent Russ Gilkison on March 24, the meeting minutes state: “Mr. Gilkison explained that the event took place on the night of December 11 and into the morning of December 12; inmate Daniel Shifflett and inmate Jonte Smith who were both incarcerated; had a medical emergency that was discovered after the fact that it was an overdose. The inmates obtained the heroin (corrected spelling) that inmate Shifflett stated that they were taking; from another inmate inside of the housing unit.”
Brian Martin is believed to be that inmate.
“Staff responded to the medical emergency; performed First-Aid, CPR to include AED, administered Narcan, and EMS was called. Mr. Shifflett was revived about the time EMS arrived on the scene, unfortunately, Mr. Smith was not revived by our staff or EMS and was taken via local transport to the hospital where he was pronounced dead on December 12, at 0120 hours (1:20 a.m.).”
Jonte Smith was incarcerated on Sch. I and II drug possession and a firearms charge at the time of his death.
Also as previously reported: “Inmate overdose survivor Daniel Shifflett, 32, and a second inmate, Brian Martin, 34, were indicted by a Warren County Grand Jury on April 11 for Second-Degree Murder in what is believed to have been the 21-year-old Smith’s accidental death from an opioid drug overdose. Other pending charges against Shifflett, who was incarcerated on a Probation Violation charge related to earlier drug offenses when he overdosed inside the jail, include 10 counts of distribution of a Schedule I or II substance for at least a third offense. Martin is charged with eight counts of distribution of a Schedule I or II substance for at least a third offense. At the time of his death Smith was incarcerated on possession of Schedule I, II drugs and a firearms charge.
Crime/Court
Warren County Grand Jury of March 2023 indictments
The Warren County Grand Jury of March 2023 has issued the following indictments:
THE GRAND JURY CHARGES THAT:
KODIE WEATHERHOLTZ
On or about April 19, 2022, in the County of Warren, Kodie Brooke Weatherholtz did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to wit: Fentanyl listed in Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
DERRICK ROY
On or about November 24, 2022, in the County of Warren, Derrick Michael Roy did unlawfully and feloniously assault and batter Nina F. Haymond, a family or household member, after having been at least twice previously convicted of assault and battery against a family or household member within the past twenty years with such offenses occurring on different dates, in violation of Section 18.2-57.2 of the Code of Virginia (1950) as amended. VCC: ASL-1316-F6
ANTHONY HERBERT
On or about January 18, 2023, in the County of Warren, Anthony Edward Herbert did unlawfully and feloniously wound or by any means cause bodily injury to Mario Frazier, with the intent to maim, disfigure, disable, or kill, in violation of Section 18.2-51 of the Code of Virginia, 1950, as amended. VCC: ASL-1335-F6
DARRELL HALEY
On or about December 2, 2022, in the County of Warren, Darrell Edward Haley did unlawfully and feloniously, having received a visible or audible signal from a law-enforcement officer to bring his motor vehicle to a stop, drive such motor vehicle in a willful or wanton disregard of a such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person, in violation of Section 46.2-817 of the Code of Virginia, 1950, as amended. VCC: REC-6624-F6
JERRY HENRY
On or about December 18, 2022, in the County of Warren, Jerry Lee Henry, Jr., did unlawfully and feloniously manufacture, sell, give, distribute, or possess with the intent to manufacture, sell, give, or distribute, a controlled substance classified in Schedule I or II of the Drug Control Act, in violation of §18.2-248 of the Code of Virginia, 1950, as amended. VCC: NAR-3043-F9
COUNT ONE: On or about December 23, 2022, in the County of Warren, Jerry Lee Henry, Jr., did unlawfully and feloniously distribute a Schedule I or II controlled substance, having previously been convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction which occurred before the date of the offense alleged in the indictment, in violation of Section 18.2-248, of the Code of Virginia, 1990, as amended. VCC: NAR-3087-F9
COUNT TWO: On or about December 23, 2022, through 24, 2022, in the County of Warren, Jerry Lee Henry, Jr., did unlawfully and feloniously assault and batter Officer R. A. Martin, knowing or
having reason to know that said Officer R. A. Martin, was then engaged in the performance of her public duties as a law enforcement officer, in violation of Section 18.2-57 of the Code of Virginia, 1950, as amended. VCC: ASL-1342-F6
COUNT THREE: On or about December 23, 2022, in the County of Warren, Jerry Lee Henry, Jr., did unlawfully and feloniously willfully conceal, alter, dismember, or destroy any item of physical evidence with the intent to delay, impede, obstruct, prevent, or hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense, in violation of Section 18.2-462 (B) of the Code of Virginia, 1950, as amended. VCC: JUS-4833-F6
COUNT FOUR: On or about December 23, 2022, in the County of Warren, Jerry Lee Henry, Jr., did unlawfully and feloniously willfully conceal, alter, dismember, or destroy any item of physical evidence with the intent to delay, impede, obstruct, prevent, or hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense, in violation of Section 18.2-462(B) of the Code of Virginia, 1950, as amended. VCC: JUS-4833-F6
COUNT FIVE: On or about December 23, 2022, in the County of Warren, Jerry Lee Henry, Jr., while a prisoner in a state, local, or community correctional facility or in the custody of an employee thereof, did unlawfully and feloniously possess, sell or secrete a chemical compound which the accused had not lawfully received, in violation of Section 53.1-203(5) of the Code of Virginia, 1950, as amended. VCC: PRI-3260-F6
BRIAN ALBARENGA ALFERO
On or about May 30, 2021, in the County of Warren, Brian Julian Albarenga Alfaro did unlawfully and feloniously and knowingly communicate in writing a threat to kill or do bodily injury to Braelyn Dawn Smith, thereby placing a such person in reasonable apprehension of death or bodily injury to herself, in violation of §18.2-60 of the Code of Virginia, 1950, as amended. VCC: EXT-2106-F6
HUNTER ANDREWS
On or about November 11, 2022, in the County of Warren, Hunter Deforest Andrews did unlawfully and feloniously, knowingly and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
TRAVON FORD
On or about July 1, 2022, in the County of Warren, Travon Marcel Ford did unlawfully and feloniously steal a motor vehicle having a value of one thousand dollars ($1,000.00) or more, belonging to Taylor Roberts, in violation of § 18.2-95 of the Code of Virginia, 1950, as amended. VCC: LAR-2404-F9
LESTER WILSON
On or about December 27, 2022, in the County of Warren, Lester Keith Wilson, Jr., did unlawfully and feloniously assault and battery WCSO Deputy Cornwell, knowing or having reason to know that such person was a law enforcement officer as defined in subsection F of § 18.2-57 of the Code of Virginia, engaged in the performance of his public duties, in violation of §18.2-57 of the Code of Virginia, 1950, as amended. VCC: ASL-1342-F6
MARIO WINGATE
On or about August 31, 2022, in the County of Warren, Mario Thomas Wingate did unlawfully and feloniously, knowingly, and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
ADAM MCGOWAN
On or about April 6, 2022, in the County of Warren, Adam Michael McGowan did unlawfully and feloniously obtain from Serina Kan an advance of money, merchandise, or other thing having a value of $1,0000.00 or more, with fraudulent intent, upon a promise to perform construction, removal, repair or improvement of any building or structure permanently annexed to real property, and failed or refused to perform such promise, and also failed to substantially make good such advance, in violation of §18.2-200.1 of the Code of Virginia, 1950, as amended. VCC: FRD-2805-F9
JONATHAN NEWMAN
On or about December 18, 2022, in the County of Warren, Jonathan Ray Newman did unlawfully and feloniously, knowingly and intentionally possess a controlled substance listed in Schedule 1 or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
BRAD YATES
On or about February 10, 2022, in the County of Warren, Brad Wayne Yates did unlawfully and feloniously, knowingly and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
CHEROKEE MYERS
On or about July 14, 2022, in the County of Warren, Cherokee Brianna Myers did unlawfully and feloniously, knowingly and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
D’ANDRE LAWRENCE
On or about January 5, 2023, in the County of Warren, D’Andre Christopher Lawrence unlawfully and feloniously distributed a Schedule I or II controlled substance, this being a second or
subsequent offense, said prior convictions occurring prior to the date alleged in this indictment, in violation of Section 18.2-248, of the Code of Virginia, 1950, as amended. VCC: NAR-3038-F9
MARIA SMITH
On or about January 21, 2023, in the County of Warren, Maria Leigh Smith did unlawfully and feloniously commit an assault and battery against WCSO Sargent John Gregory, knowing or having reason to know that such person was a law enforcement officer as defined in §53.1-1 of the Code of Virginia, engaged in the performance of his public duties, in violation of § 18.2-57(C) of the Code of Virginia, 1950, as amended. VCC: ASL-1342-F6
HARSH GUPTA
COUNT ONE: On or about October 12, 2022, in the County of Warren, Harsh Gupta did unlawfully and feloniously being over the age of eighteen, unlawfully and feloniously used a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, a person he knew or had reason to believe was a child at least fifteen years of age but less than eighteen years of age, to knowingly and intentionally expose his sexual or genital parts to such child, to
whom he was not legally married, or to propose that such child expose her sexual or genital parts to him, the defendant being at least seven years older than such child, in violation of Section 18.2-
374.3 of the Code of Virginia, 1950, as amended. VCC: OBS-3690-F5
COUNT TWO: On or about October 12, 2022, in the County of Warren, Harsh Gupta did unlawfully and feloniously being over the age of eighteen, unlawfully and feloniously used a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, a person he knew or had reason to believe was a child at least fifteen years of age but less than eighteen years of age, to knowingly and intentionally expose his sexual or genital parts to such child, to
whom he was not legally married, or to propose that such child expose her sexual or genital parts to him, the defendant being at least seven years older than such child, in violation of Section 18.2-
374.3 of the Code of Virginia, 1950, as amended. VCC: OBS-369Q-F5
COUNT THREE: On or about October 12, 2022, in the County of Warren. Harsh Gupta did unlawfully and feloniously being over the age of eighteen, unlawfully and feloniously used a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, a person he knew or had reason to believe was a child at least fifteen years of age but less than eighteen years of age, to knowingly and intentionally expose his sexual or genital parts to such child, to
whom he was not legally married, or to propose that such child expose her sexual or genital parts to him, the defendant being at least seven years older than such child, in violation of Section 18.2-
374.3 of the Code of Virginia, 1950, as amended. VCC: OBS-369Q-F5
AUGUST KULMS
COUNT ONE: On or about February 1, 2023, in the County of Warren, August Gorda Kulms, III, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act to wit: , in violation of §18.2-250 o f t h e Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
COUNT TWO: On or about February 1, 2023, in the County of Warren, August Gorda Kulms, III, did unlawfully and feloniously, knowingly, and intentionally possess on or about his person a firearm, in violation of Section 18.2-308.4(B) o f t h e Code of Virginia (1950) as amended. VCC: WPN-5302-F6
NO PHOTO AVAILABLE
On or about April 27, 2022, through September 16, 2022, in the County of Warren, Brandi Nicole Collins did unlawfully and feloniously wrongfully and fraudulently use, dispose of, conceal, or embezzle property, having a value of $1,000.00 or more, which she received by virtue of her office, trust, or employment, belonging to Speedway, in violation of §18.2-111 of the Code of Virginia, 1950, as amended. VCC: LAR-2707-F9
MICHAEL DAVIS
COUNT ONE: On or about October 30, 2022, in the County of Warren, Michael Rechard Davis did unlawfully and feloniously, knowingly, and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
COUNT ONE: On or about October 30, 2022, in the County of Warren, Michael Rechard Davis did unlawfully and feloniously, knowingly, and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
RICHARD LEE
On or about August 23, 2022, in the County of Warren, Richard Matthew Lee did unlawfully and feloniously drive or operate a motor vehicle on a highway during the time the accused was deprived of the right to do so upon conviction of a violation of Section 18.2-268.3, 46.2-341.26:3, or of an offense set forth in subsection E of Section 18.2-270; by Section 18.2- 271 or 46.2-391.2; after the license has been revoked pursuant to Section 46.2-389 or 46.2-391.2; after the license has been revoked pursuant to Section 46.2-389 or 46.2-391; or in violation of the terms of a restricted license issued pursuant to subsection E or Section 18.2-271.1. The accused committed this offense within ten (10) years after having committed two or more violations of Section 18.2-272, in violation of Section 18.2-272 of the Code of Virginia, 1950, as amended. VCC: DWI- 5478-F6
KENDRA KERNS
On or about June 25, 2022, in the County of Warren, Kendra Elaine Kerns did unlawfully and feloniously, knowingly, and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
PAMELA BUTLER
On or about February 11, 2023, in the County of Warren, Pamela Sue Butler did unlawfully and feloniously, knowingly, and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
TROY BRILL
COUNT ONE: On or about January 6, 2023, in the County of Warren, Troy Michael Brill did unlawfully and feloniously buy or receive from another person stolen goods or property, namely a flat-bed trailer valued at $1,000.00 or more, knowing such property to have been stolen, in violation of § 18.2-108 of the Code of Virginia, 1950, as amended. VCC: LAR-2808-F9
COUNT TWO: On or about January 6, 2023, in the County of Warren, Troy Michael Brill did unlawfully and feloniously buy or receive from another person stolen goods or property, namely a Ford Van valued at $1,000.00 or more, knowing such property to have been stolen, in violation of §18.2-108 of the Code of Virginia, 1950, as amended. VCC: LAR-2808-F9
FRANKIE ANDREWS
On or about January 9, 2023, in the County of Warren, Frankie Rose Andrews did unlawfully and feloniously, knowingly, and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
ERNEST MAGRUDER
On or about November 29, 2022, in the County of Warren, Ernest Thomas Magruder did unlawfully and feloniously, knowingly, and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
DONALD BERRY
On or about December 31, 2022, in the County of Warren, Donald Edward Berry unlawfully and feloniously, knowingly, and intentionally possessed a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
NICHOLAS BURR
On or about July 19, 2021, in the County of Warren, Nicholas James Burr did unlawfully and feloniously, knowingly and intentionally possess a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
MADRA LAMBERT
On or about February 2, 2023, in the County of Warren, Madra Lynn Lambert unlawfully and feloniously, knowingly, and intentionally possessed a controlled substance listed in Schedule I or Schedule II of the Drug Control Act, in violation of §18.2-250 of the Code of Virginia. 1950, as amended. VCC: NAR-3022-F5
SCOTT COUSINS
On or about September 27, 2022, in the County of Warren, Scott Michael Cousins, Jr., did unlawfully and feloniously, while being a person eighteen (18) years of age or older, use a communications system or another electronic means for the purposes of soliciting, with lascivious intent, a person the accused knew or had reason to believe was a child less than fifteen (15) years of age to knowingly and intentionally expose his sexual or genital parts to a child to whom he was not legally married or propose that the child expose his sexual or genital parts to the accused. The accused is seven or more years older than the child the accused knew or had reason to believe was a child less than fifteen (15) years of age who was the subject of the solicitation. The accused previously has committed one or more violations of subsection C of Section 18.2-374.3, in violation of Section 18.2-374.3 of the Code of Virginia (1950) as amended. VCC: OBS-37Q3-F9
ROBERT DAVIES
On or about December 5, 2022, in the County of Warren, Robert Gregory Davies did unlawfully and feloniously destroy, deface, damage, or remove the property of Jessica Davies, with the value of or damage to such property being one thousand dollars ($1,000) or more, in violation of Section 18.2-137 of the Code of Virginia, 1950, as amended. VCC: VAN-2956-F6
NO PHOTO AVAILABLE
On or about May 17, 2022, in the County of Warren, Chasiti Rae Foster unlawfully and feloniously distributed a Schedule I or II controlled substance, in violation of Section 18.2-248, of the Code of Virginia, 1950, as amended. VCC: NAR- 3045-F9
On or about June 13, 2022, in the County of Warren, Chasiti Rae Foster unlawfully and feloniously distributed a Schedule II controlled substance, to wit: Methamphetamine, in violation of Section 18.2-248, of the Code of Virginia, 1950, as amended. VCC: NAR-3045-F9
BRYAN HAISLOP
On or about August 9, 2022, in the County of Warren, Bryan Edward Haislop did unlawfully and feloniously possess a Schedule II controlled substance, to wit: Fentanyl, in violation of Section 18.2-250, of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5
KIMBERLY KUSER
On or about July 29, 2022, in the County of Warren, Kimberly Dawn Kuser did unlawfully and feloniously forge a check, with the intent to defraud and to the prejudice of another’s rights, in violation of §18.2-172 of the Code of Virginia, 1950, as amended. VCC: FRD-2520-F5
NO PHOTO AVAILABLE
COUNT ONE: On or about April 1, 2022, through June 30, 2022, in the County of Warren, Megan Nicole Grove unlawfully and feloniously obtained or attempted to obtain by means of a willfully false statement or representation of public assistance benefits, TANF from programs of the State Boards of Social Services, Health or Medical Assistance Services, in violation of Sections 63.2-522 and 18.2-95, of the Code of Virginia, 1950, as amended. VCC: FRD-2 695-F9
COUNT TWO: On or about April 1, 2022, through June 30, 2022, in the County of Warren, Megan Nicole Grove unlawfully and feloniously obtained or attempted to obtain by means of a willfully false statement or representation of public assistance benefits, SNAP from programs of the State Boards of Social Services, Health or Medical Assistance Services, in violation of Sections 63.2-522 and 18.2-95, of the Code of Virginia, 1950, as amended. VCC: FRD-2 695-F9
Crime/Court
Unlucky St. Patrick’s Day for Maryland man
A Baltimore man has been charged with multiple felonies after leading deputies on a car chase in Frederick County’s Sunnyside area and eventually crashing into another vehicle near Winchester Medical Center.
At 11:46 am, Frederick County EOC received a 911 call from a woman identifying herself as Sherita Johnson, claiming that her child’s father, Michael Stewart, had assaulted her at a Sheetz store on North Frederick Pike. The suspect reportedly left and returned while sheriff’s deputies were en route to the scene.
Deputy S.C. Smallwood spotted the suspect vehicle on Fox Drive and attempted to stop it, but the driver sped up and refused to stop. A pursuit ensued, with the suspect vehicle, a 2009 Infinity G37, driving erratically, making multiple U-turns, and even briefly driving the wrong way in an effort to evade law enforcement. Other deputies joined the chase as it continued onto Route 11 and Route 37.
The pursuit ended when the suspect exited Route 37 at Winchester Medical Center, turned left, and collided with a 2016 Toyota RAV4. Both vehicles were disabled in the crash. The suspect tried to flee on foot but was apprehended by Deputy B.A. Armstrong, with the help of a good Samaritan who had stopped for police vehicles.
Initially providing false information, the suspect was eventually identified as Michael Patrick Stewart, 25, from Baltimore, Maryland. He has a suspended Maryland license and is currently on probation. The RAV4 driver, 88-year-old Andrew Jackson Page of Winchester, was examined by EMS at the scene and declined further medical attention.
Deputies tried to locate and speak with Ms. Johnson about the initial assault claims, but she seems unwilling to cooperate with the investigation.
Stewart was taken to Winchester Medical Center for evaluation of potential injuries from the crash. He faces charges of felony eluding, felony hit and run, reckless driving, failure to yield the right of way resulting in a crash, providing false ID to law enforcement, and driving without insurance.
Crime/Court
Victims of recent thefts in Frederick County ask to contact investigators
From December 2022 to February 2023, the Frederick County Sheriff’s Office addressed numerous reports of burglarized homes and break-ins at outbuildings, primarily in the county’s Northwestern region, such as North Frederick Pike (Rt. 522 North) and Northwestern Pike (Rt. 50 West).
A tip from a photograph taken by a home surveillance system during one of the burglaries led investigators to a potential suspect’s residence. At this location, they observed multiple items that had been reported stolen in several ongoing cases. The homeowner, who is not a suspect, granted permission for a thorough search of the property, which resulted in the recovery of a large amount of stolen property. Additional search warrants conducted at various locations led to the recovery of a significant quantity of presumed stolen property.
The Frederick County Sheriff’s Office has seized this property and is storing it at their office. All known victims who reported thefts have been contacted and have either claimed their recovered property or identified some items as theirs.
Currently, the Frederick County Sheriff’s Office still possesses a substantial amount of property believed to have been stolen within Frederick County. They are urging the public to reach out if they have been a victim of theft within the specified time frame and have not reported it previously.
To report any information regarding such thefts, please contact Investigator J.M. Bowman at (540) 504-6527 or Investigator B.C. Edwards at (540) 504-6562.
Crime/Court
Rappahannock resident arrested after investigation by the Blue Ridge Narcotics and Gang Task Force
The Blue Ridge Narcotics and Gang Task Force has concluded a two-month long investigation with the arrest of a Rappahannock County, Virginia resident. Keith D. Robinson II, 20, was arrested by the Blue Ridge Narcotics and Gang Task Force following a search warrant executed at a residence in Culpeper. Through the course of the investigation, Blue Ridge Narcotics and Gang Task Force officers learned that Robinson was involved with distribution of illegal narcotics in the counties of Rappahannock and Culpeper.
On Thursday (March 9), members of the Blue Ridge Narcotics and Gang Task Force obtained a search warrant for a residence located along Nancy B Williams Drive in Culpeper County. During a search of the residence, approximately 27 grams of powder cocaine, 13 grams of methamphetamine, 13 grams of crack cocaine, 13 grams of fentanyl, prescription pills, $3,163 in currency, and a vehicle were seized. The drugs seized have an approximate street value of $7,900.
Keith D. Robinson II – Photo Courtesy Culpeper Sheriff’s Office
Robinson was charged with five felony counts of distribution of a schedule I/II drug. Robinson was transported to the Culpeper County Jail where he is being held without bond.
The Blue Ridge Narcotics and Gang Task Force is composed of law enforcement personnel from the Rappahannock, Culpeper, Fauquier, Orange, Madison Sheriff’s Offices; Culpeper, Warrenton, Orange Police Departments; and the Virginia State Police Bureau of Criminal Investigation, Culpeper Field Office.
Crime/Court
E. Wilson Morrison Elementary School on lockdown Wednesday afternoon as Front Royal Police pursue wanted subject
On Wednesday, March 1, 2023, Front Royal Police Officer attempted to arrest a wanted subject in the area of 120 N. Commerce Avenue, Front Royal at approximately 12:45 pm. The wanted subject ran away from the officer and a short foot pursuit ensued. The wanted subject, Joseph Heath, 32, jumped over the wooden fence behind the Valley Health Multispecialty Clinic towards Chester Street. The officer jumped the fence after Heath and injured his right leg when landing.
Joseph Heath. Photo / RSW Regional Jail
Responding officers converged in the area, set up a perimeter and converged on Heath who had barricaded himself in a shed on the north side of the Love Revival Ministry Center located at 119 Chester Street. Heath had armed himself with a large knife and was causing injuries to himself. A Crisis Negotiator arrived on scene and started speaking with Heath to find a resolution to the incident. After 15-20 minutes, Heath walked out to the crisis negotiator and into the medical care of responding Warren County Fire and Rescue EMS personnel.
During the onset of this incident, E. Wilson Morrison Elementary School was notified to take all students inside the school and to go into lockdown. Joseph Heath was airlifted to Winchester Medical Center with multiple stab wounds to his abdomen. Front Royal Police Officer was transported by ambulance to Winchester Medical Center for injuries to his right leg.
Crime/Court
EDA officials, attorneys mum on circumstance of Rappawan/Vaught Jr. civil case dismissal – But a good guess might be…
The Front Royal-Warren County Economic Development Authority has made another out-of-court resolution of part of the civil litigation surrounding the financial scandal alleged to have been orchestrated by former FR-WC EDA Executive Director Jennifer McDonald between 2014 and 2018. In the wake of a jointly filed motion of December 21, 2022, filed with the court six days later, the EDA’s civil claim against Rappawan Inc. and company official William T. Vaught Jr. was dismissed “with prejudice” – meaning it cannot be refiled.
Vaught Jr. and Rappawan were involved in a 2016 transfer of real estate assets with Jennifer McDonald over a 37 day period in which McDonald, utilizing her DaBoyz real estate company and EDA assets according to the civil action claim, bought a piece of property from Rappawan/Vaught Jr. for $1.9-million dollars, then sold it back to Rappawan/Vaught Jr. 37 days later for $1.3 million, absorbing a $600,000 loss. The EDA alleges McDonald made the transactions with EDA assets and without the knowledge or approval of the EDA Board of Directors.
Royal Examiner contacted what is now the unilaterally Warren County-overseen FR-WC EDA Board of Directors Chairman Jeff Browne about the December resolution of the Rappawan/Vaught Jr. civil action. Browne explained that as part of that resolution he could not comment on the case dismissal. EDA counsel Cullen Seltzer and Executive Director Joe Petty both confirmed the gag order on details of the EDA/Rappawan/Vaught Jr. joint filing for dismissal of the civil case.
But with the EDA and its contracted Sands-Anderson legal counsels’ 5-for-5 track record in five civil jury findings of liability against 7 other civil case defendants last year, one might hazard a guess the EDA did not agree to the binding dismissal without realizing at least a significant compensatory claim in either real estate or cash as part of that dismissal agreement – let’s take a wild guess, somewhere in the $600,000 range.
File photo of EDA’s Sands Anderson legal team leaving the Warren County Courthouse last year during its five civil trial winning streak against a total of seven defendants awarding over $14 million in civil liability claims to the EDA. Seven more defendants – 3 companies, 4 people – have sought and received a continuation on their trials originally slated to begin March 13. Those trials seeking over $4 million in collective liability are likely to be rescheduled for June, following Jennifer McDonald’s criminal trial in the Western District of Virginia federal court in Harrisonburg. That initial criminal prosecution in the EDA financial scandal case is scheduled for as many as 5 weeks in May-June.
In four trials last July and one more in October, five people and two companies were found liable for over $14 million in compensatory, punitive, and statutory conspiracy damages by Warren County civil trial juries. Judge Bruce D. Albertson later dismissed all defendant motions to have the jury verdicts overturned.
As previously reported, the EDA reached an out-of-court, “no-fault” settlement with McDonald for an estimated $9-million in real estate assets held in her or one of her real estate companies names. It would appear that such out-of-court settlements shield defendants against punitive or statutory conspiracy claims that tacked significant additional financial liability to several defendants in civil case verdicts handed down in July and October 2022.
This chart does not include the jury’s October ruling on McDonald’s husband Samuel North’s liability. North was found liable for the base compensatory claim of $110,000, as well as $165,000 on a finding of Statutory Conspiracy, another $350,000 in Punitive Damages on a ruling of Malicious Intent, bringing liability to $625,000. With interest, estimated at $268,000 added, North’s total liability was ruled at approximately $893,000.
Delayed civil cases
In other EDA civil court news, attorneys for seven more defendants – three companies and four people associated with those companies – filed a joint motion on January 3rd to have civil trials slated for March 13 continued to a date following Jennifer McDonald’s trial on criminal charges related to the EDA financial scandal. McDonald’s trial on over 30 criminal indictments is now scheduled for as many as five weeks in May-June in the Western District of Virginia federal court in Harrisonburg. Those defendants filing for a continuation were: TLC Settlements LLC and Tracy L. Bowers; Campbell Realty Inc., Jeanette M. Campbell and Walter L. Campbell; Service Title of Front Royal LLC and Victoria L. Williams.
The plaintiff EDA claims those companies involvement in some of McDonald’s real estate transactions utilizing EDA assets it says never received the necessary EDA board authorization led to the unjust enrichment of defendants as part of the conspiracy it alleges McDonald orchestrated to move EDA assets to her own benefit, as well as the benefit of other involved parties. EDA counsel filed a Memorandum in Opposition to those filings for delay in the civil trials of those defendants.
Several defense counsel pointed to McDonald’s past testimony in other related civil trial where the predominance of her testimony was to plead her 5th Amendment right against self-incrimination with the criminal cases hanging over her. Should she be acquitted, more forthcoming testimony exonerating their clients might be expected, defense counsels reasoned.
In arguing against the continuance, EDA attorneys noted that the case against these defendants collectively seeking over $4.4-million in damages was filed on April 15, 2020, and all the defendants were served two days later, with the court setting the trial to open March 13, 2023, on June 18, 2020. Plaintiff EDA counsel viewed the motion to continue as a reaction to the EDA’s string of successful civil prosecutions referenced above.
As Royal Examiner as previously reported, including the no-fault out of court settlement with McDonald and the five civil trial verdicts against seven other defendants last July and October, on paper the EDA has been awarded approximately $23 million in liability or settlement findings. And as noted above, with the closing of information on the jointly agreed upon Rappawan/Vaught Jr. civil case dismissal, it remains unknown if that settlement may have raised the compensation which the EDA has achieved in or out of the courtroom into or past the $24-million range.
On February 2nd Judge Albertson removed these civil cases from the March Warren County Circuit Court docket and told attorneys to seek mutually available dates in June for those defendants cases to be heard. Of course, that assumes the oft-delayed and batted from one jurisdiction to another criminal cases against McDonald aren’t once again continued on a motion by her federal court-appointed attorney.
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