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Judge dismisses Meza appointment/’election’ challenge a second time

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On Wednesday morning, September 22, counsels for Plaintiff Paul L. Aldrich and Defendants the Town of Front Royal and recently resigned councilman Jacob L. Meza, revisited oral arguments on the defendants’ Demurrer motion to dismiss the plaintiff case as not having the legal standing to proceed.

And the following afternoon Warren County Circuit Court Judge William W. Sharp issued a written ruling, upholding the defense demurrer motion to dismiss for the second time. That despite an earlier Thursday morning request from plaintiff attorney David Downes for an additional week to file supporting arguments on the aspect of immediate or preliminary injunctions for relief sought by the plaintiff, raised the previous day. Downes explained in his written request that he had not anticipated the issue of immediate relief injunctions remaining part of the arguments Wednesday, due to evolving circumstances – most prominently Meza’s resignation, effective immediately at council’s July 26 meeting – and previous rulings on the issue upholding that portion of the defense demurrer motion.

On Thursday, Sept. 23, the Plaintiff team of Paul Aldrich, right, and his attorney David Downes, pictured here after a May hearing, got a ‘strike 2’ call in the legal challenge of Jacob Meza’s January appointment to town council. But with Meza since resigned will they take another swing? Royal Examiner File Photos by Roger Bianchini

“As I write this, I am aware that Mr. Downes has filed a Motion seeking additional time to brief the de facto officer doctrine, raised by the Court. I see no reason to grant the motion. This appears to be a well-established common law doctrine, and I am confident it applies to this case. Further, the Court had previously raised this doctrine in ruling on the Demurrer to the original Complaint, yet the Plaintiff ignored that part of my opinion in his Amended Complaint,” Judge Sharp noted in denying the plaintiff counsel request for time to submit amended arguments.


Judge Sharpe quoted several past U.S. Supreme Court justices on the advised willingness judges should have to re-examine their own decisions in prefacing his own re-examination of his initial April 7 ruling in favor of the defense demurrer motion to dismiss.

“It is ‘the duty of every judge and every court to examine its own decisions … without fear, and to revise them without reluctance’,” Justice William O. Douglas quoting a judge of the New York Court of Appeals.

“Wisdom too often never comes, and so one ought not to reject it merely because it comes late,” Justice Felix Frankfurter.

“I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday,” Justice Robert H. Jackson.

Of his decision to allow an amended plaintiff complaint to be filed and revisit his original ruling for the defense, Sharp wrote in late April, “Not a small part of my decision to enter the stay order, and give one last chance for oral argument, is my realization that I gave a very poor articulation of my reasons for my original decision, and I do not want to make that mistake again. It is therefore my intention to give a written explanation of my decision, whichever way it goes, in which my words are more carefully expressed.”

But in his continued analysis of arguments on the standing and substance of Plaintiff Aldrich’s filing, made as a town taxpaying citizen potentially impacted financially and otherwise by votes of an illegally appointed council member, Judge Sharp upheld his initial ruling in favor of the defense motion to dismiss. The judge addressed the changed circumstance of Meza’s resignation removing major points of relief sought by the plaintiff. “Gone is any issue of removing an ‘illegally’ installed councilman,” Sharp observed.

After reading a prepared statement into the record at the outset of the July 26 Town Council meeting announcing his immediate resignation, Jacob Meza, right, shakes hands with Mayor Holloway, whose council seat he was appointed to fill on Jan. 4, as he exits ‘stage right’.

Of the plaintiff claim of potential damage from Meza’s appointment, Sharp wrote: “Mr. Aldrich’s second amended complaint establishes that he is a citizen and taxpayer of the Town of Front Royal. The complaint alleges several decisions of the town council in which Mr. Meza participated, resulting in expenditures. However, the complaint does not allege that any of these decisions impacted any of Mr. Aldrich’s rights. Furthermore, the complaint does not allege that Mr. Meza’ s presence on the council had a causal relationship to any of these expenditures. While he participated in the votes, including moving or seconding motions, there is no claim that the actions would not have passed but for Meza’s participation.”

Noting his previous ruling that council actions could not be voided due to Meza’s participation in votes prior to a ruling on the legality of his seating, Judge Sharp made it fairly clear a second request for an amended complaint might be a futile gesture. “As Meza is no longer subject to removal from office and his prior actions are not voidable, I do not see any potential ongoing justiciable controversy, much less impacted right of the petitioner, that would warrant permitting another Amended Complaint,” Sharp concluded.

But has the question of whether the wording of the Town Charter dating to 1937, supports the reappointment by “election” of council members within a year of their leaving office been resolved? The judge dealt with his interpretation of that core question in his written decision:

“While Mr. Aldrich’s lack of standing disposes of the case, even if he had proper standing to challenge the appointment of Mr. Meza to the council, this claim would also fail under the law. The chief phrase of the Town Charter in dispute concerns whether membership on the town council is an ‘office under the jurisdiction of the council.’ There can be no dispute that the members of the council are officers of the town, as provided under §4 of the Charter. The question, rather, is whether such officers are considered to be under the jurisdiction of the council in the context of §47.

Chapter 47 of the Town Charter was the basis of the plaintiff’s challenge of the Meza appointment. It states: “No member of the council of the Town of Front Royal shall be appointed or elected to any office under the jurisdiction of the council while he is a member of the council, or for one year thereafter,” the relevant Section 47 passage reads. However, the court continued to side with defense counsel arguments that other Chapters of the Town Charter applied to council appointments to fill vacancies, specifically 6D and 9.

In her Demurrer filing for dismissal, defense counsel Heather Bardot pointed to Section 6D and related wording on filling council vacancies, such as the one created by Councilman Chris Holloway’s November 2020 election to mayor. “The council may fill any vacancy that occurs within the membership of council for the unexpired term, provided that such vacancy is taken within 45 days of the office becoming vacant,” Section 6D states. No reference to a one-year hiatus per appointments is made here, Bardot noted. Only the court’s authority to make the appointment were council to deadlock and be unable to fill the seat within the prescribed 45 days, is acknowledged.

Meza’s appointment was made January 4, 2021, four days after Holloway relinquished his council seat to become mayor and four days after Meza, who did not run for reelection after a controversial final year in office, vacated his seat. In 2020 Meza appeared to have alienated a portion of his base related to his Valley Health employment during the previous year. Meza did not express support for the “Birth Local” movement seeking to have Valley Health include a Maternity Unit in the new Warren Memorial Hospital. And after recusing himself from previous discussion of the new hospital funding due to his employment, the councilman chose to cast a deciding vote authorizing that EDA funding on the Town side.

In oral arguments on the original complaint, plaintiff counsel Downes suggested that Chapter 47 was intended to include council seats in the one-year prohibition, not only because council members are “under the jurisdiction” of their colleagues, but also to avoid the appearance or fact of partisan political cronyism in town politics. With the four member majority that appointed him by a 4-1 vote coming from the county Republican Committee, of which he is also a member, plaintiff counsel suggested one might at least infer the appearance of political cronyism in returning Meza to office so quickly after a voluntary choice to leave that office.

However, the judge continued to side with the defense stance that the Chapter 47 one-year prohibition applied only to appointed Town staff positions.

Town Hall and former Councilman Jacob Meza have prevailed in the second go-round of a legal challenge of Meza’s appointment to fill a council vacancy four days after he voluntarily left council.

“A comparison with the other named offices-especially those clearly under the Council’s jurisdiction-is instructive. The town treasurer, town manager, and town clerk are explicitly appointed by the council as a general rule, rather than as an exception to fill vacancies. The Council is authorized to exercise considerable oversight on them, with the ability to remove them from office and/or reassign their duties to other officers. By contrast, the council may only remove one of its own members in the case of repeated absences and exerts no other comparable oversight on its members. Furthermore, while the Charter provides that only the Council has authority to appoint the treasurer, clerk, and town manager, the Council shares its authority with the Circuit Court to appoint members to the Council when a vacancy arises. The Council can fairly be said to exercise general power over the clerk, treasurer, and town manager, but not over its own membership. Therefore, it would be inappropriate to find that membership in the Council is an office of the sort meant to be governed by §47,” Judge Sharp wrote of his stance on the matter at the heart of the citizen challenge of Meza’s appointment.

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Culpeper man arrested after lengthy investigation by the Blue Ridge Narcotics and Gang Task Force

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The Blue Ridge Narcotics and Gang Task Force has concluded a lengthy investigation with the arrest of a Culpeper, VA, resident.

On Monday (November 28), Daniel Ruiz-Torres, 29, was arrested by the Blue Ridge Narcotics and Gang Task Force following a search warrant along the 200 block of Jenkins Avenue in the Town of Culpeper.

Daniel Ruiz-Torres

 

As a result of the operation, a small amount of cocaine was seized along with drug paraphernalia, packaging materials, scales, $8,844 in currency, and two vehicles. Ruiz-Torres was arrested and charged with one felony count of possession with intent to distribute schedule I/II drugs and one felony count of possession of a schedule I/II drug. Ruiz-Torres was transported to the Culpeper County Jail, where he was held without bond.


The Blue Ridge Narcotics and Gang Task Force (BRNGTF) is composed of law enforcement personnel from the Culpeper, Fauquier, Orange, Madison, and Rappahannock Sheriff’s Offices, Culpeper, Warrenton, Orange Police Departments, and the Virginia State Police Bureau of Criminal Investigation, Culpeper Field Office.

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Charlottesville man charged with solicitation of minors

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On Wednesday, November 9, 2022, Front Royal Police detectives initiated an investigation regarding the solicitation of minors in the Warren County/Front Royal area. Detectives started a proactive approach to apprehend individuals soliciting underage victims for sexual purposes.

An undercover operation ensued, and an adult male began soliciting one of our detectives, who he believed to be a female under the age of 15 years old, for photographs and sexually explicit material. The adult male suspect sent sexually explicit materials to the detective, who was posing in an undercover capacity as a juvenile. Some of the material sent by the offender was Child Sexual Abuse Material (CSAM). The initial conversation was unsolicited and started by the offender in this case.

During the investigation, a designated meeting place was arranged within the Town of Front Royal, and the male traveled and met the undercover detectives posing as a juvenile female for lascivious intent.

 

AVERY WOOD


Through the course of this investigation, police identified the suspect as 53-year-old Charlottesville, VA, resident Avery Wood. After meeting with the detectives, Wood was arrested on November 22, 2022, and transported to the Rappahannock Shenandoah Warren (RSW) Regional Jail. Wood went before the magistrate and was ordered to be held without bond. The court date for the listed offenses has been set for December 15, 2022, at 09:00 a.m. in Warren County Juvenile and Domestic Relations Court.

The Front Royal Police Department is an active member of the Northern Virginia/DC Metro (NOVA/DC) Internet Crimes Against Children (ICAC) Task Force, which is coordinated by the Virginia State Police. We request anyone with information regarding the solicitation or exploitation of a minor contact Front Royal Police Department. Anyone with further information regarding this case, please contact Detective M.R. Ramey at (540) 636-2208 or by email at mramey@frontroyalva.com.

The Front Royal Police Department would like to thank the Frederick and Warren County Sheriff’s Offices for their assistance with this investigation and the successful apprehension of this individual.

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Arizona man sentenced in southwest Virginia meth conspiracy

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A defendant in a drug distribution organization that trafficked methamphetamine from Texas and Indiana into Southwest Virginia was recently sentenced in federal court on drug conspiracy charges, United States Attorney Christopher R. Kavanaugh and Virginia Attorney General Jason Miyares announced.

Pedro Loza III, 28, of Bullhead City, Arizona, was sentenced to 72 months in federal prison this week. He was previously convicted of one count of conspiring to possess with the intent to distribute and distribute 50 grams or more of methamphetamine and one count of possessing with the intent to distribute and distribute 5 grams or more of methamphetamine.

In all, five individuals were charged as being part of this drug trafficking conspiracy, four of whom have now been sentenced for their roles in the scheme. Paul Warren Rucker previously pleaded guilty and was sentenced to 120 months in federal prison in July 2022. Defendants Amber Lynn Tackett and Benjamin Alvis entered guilty pleas and are scheduled for sentencing in April 2023. The lead defendant, Alonso Cantu-Cantu, is scheduled for trial in March 2023.

This case arose from a series of indictments stemming from an ongoing methamphetamine trafficking conspiracy operating primarily in the Smyth County, Virginia area. In total, 26 defendants have been charged in connection with the investigation.


This investigation was led by the Drug Enforcement Administration’s Bristol, Virginia Office, with assistance from the Smyth County, Virginia Sheriff’s Office. Numerous other agencies also provided assistance throughout the investigation, including the Drug Enforcement Administration in Indianapolis, Indiana, and Birmingham, Alabama, the Washington County Virginia Sheriff’s Office, the Abingdon, Virginia Police Department, the Rockingham County Virginia RUSH Drug Task Force, the Rockingham County Virginia Sheriff’s Office, the

Harrisonburg, Virginia Police Department, the Bessemer, Alabama Police Department, the Virginia Department of Corrections, the Virginia Department of Corrections Probation and Parole Unit, and the Southwest Virginia Regional Jail Authority.

Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Senior Assistant Attorney General assigned to the Virginia Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case for the United States.

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Investigation remains ongoing into shooting incident at UVA

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The criminal investigation remains ongoing into the tragic shootings that claimed the lives of three University of Virginia (UVA) students and injured two others on the evening of Nov. 13, 2022. Christopher D. Jones Jr., 22, of Petersburg, Va., had his first appearance in Albemarle County General District Court on Nov. 16, 2022 on three felony counts of 2nd degree murder, two felony counts of malicious wounding, and five felony counts of the use of a firearm in the commission of a felony. Jones is being held at the Charlottesville-Albemarle County Regional Jail without bond.

The investigation confirms that Jones had traveled with other UVA students on Sunday, Nov. 13, 2022, to Washington, D.C. to attend a theater performance at the Atlas Performing Arts Center. Following the play, the students and a professor ate dinner in the District. The professor and 22 students returned to Charlottesville in a chartered bus, arriving at UVA at approximately 10:15 p.m. that same day.

The chartered bus pulled to a stop at Culbreth Garage on The Grounds. As the students were getting up to exit the bus, Jones produced a weapon and began firing. As Jones exited the bus, he fired additional rounds and then fled the scene on foot. Jones left the area in his black Dodge Durango.

At approximately 11 a.m. on Nov. 14, 2022, Henrico County, Va. Police apprehended Jones without incident. The officer observed Jones’ SUV and initiated a traffic stop in the 5700 block of Edgelawn St. in the eastern area of the county.


Investigators are still actively piecing together Jones’ movements between the time he fled the shooting scene and was apprehended in Henrico County. At this stage of the investigation, state police is not in a position to comment on Jones’ motives behind the shootings.

Devin Chandler, 20, of Virginia Beach, Va., and D’Sean Perry, 22, of Miami, Fla., succumbed to their injuries at the scene. Lavel Davis Jr., 20, of Ridgeville, S.C., was transported to UVA Medical Center, where he later died from his injuries sustained in the shooting. Their remains were transported to the Office of the Medical Examiner for autopsy and examination.

A 19-year-old student from Baton Rouge, La. and a 19-year-old student from Houston, Texas were also shot. They both were transported to UVA Medical Center for treatment of life threatening and non-life threatening injuries, respectively.

During the course of the investigation, a handgun was recovered in relative proximity to the shooting scene. No firearms were recovered inside the bus. A search warrant, executed by investigators on Jones’ residence in Charlottesville, resulted in the recovery of a rifle and a handgun. All firearms have been turned over as evidence to the ATF for processing.

The investigation remains ongoing at this time with the assistance of the University of Virginia Police, Albemarle County Commonwealth’s Attorney, Albemarle County Police, Charlottesville Police, U.S. Attorney for the Western District of Virginia, Office of the Virginia Attorney General, ATF and FBI.

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Culpeper residents arrested after investigation by the Blue Ridge Narcotics and Gang Task Force

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The Blue Ridge Narcotics and Gang Task Force has concluded a lengthy investigation with the arrest of two Culpeper, VA residents.

On Tuesday (November 16), Jesse O. Williams, 60, and Jamie L. Cottoms, 31, were arrested by the Blue Ridge Narcotics and Gang Task Force without incident along the 1300 block of Orange Road in the Town of Culpeper. As a result of the arrests, 20 grams of cocaine was seized along with $1,144 in currency. Williams was charged with two felony counts of possession with intent to distribute schedule I/II drug. Cottoms was charged with one felony count of possession of a schedule I/II drug, and one felony count of possession with intent to distribute/sell schedule I/II drug.  Williams and Cottoms were transported to the Culpeper County Jail where they are being held without bond.

Jesse O. Williams – Photos Courtesy of Culpeper Sheriff’s Office

Jamie L. Cottoms


The Blue Ridge Narcotics and Gang Task Force (BRNGTF) is composed of law enforcement personnel from the Culpeper, Fauquier, Orange, Madison, and Rappahannock Sheriff’s Offices, Culpeper, Warrenton, Orange Police Departments, and the Virginia State Police Bureau of Criminal Investigation, Culpeper Field Office.

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Stephens City: Shots fired-barricaded subject call ends peacefully

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At approximately 5:05 pm, the Frederick County EOC received reports of a subject discharging a firearm within a residence on Westmoreland Drive in Stephens City. The house was occupied at the time, with all subjects able to leave the premises unharmed, leaving the suspect as the lone occupant.

Arriving deputies confirmed shots continued to be fired from within the dwelling at 400 Westmoreland Drive, and a perimeter was set up around the immediate area.

As neighboring homes were evacuated and streets shut down, additional resources were activated and deployed, including Crisis Negotiations, SWAT, and Emergency Medical Services. Members of the Virginia State Police, Warren County Sheriff’s Office, Middletown Police Dept., and Stephens City Police Dept. also responded to assist with the developing situation.

The suspect was identified by family members as 45-year-old Daren Eugene Sullivan, who was believed to be under the influence of alcohol and upset over a domestic matter. Over the next several hours, Sullivan would randomly fire off rounds inside the dwelling, with one of those instances appearing to be directed towards two deputies on the perimeter. Sullivan made several threats of self-harm and of a possible forced police shooting.


Members of the FCSO Crisis Negotiation Team continued to attempt to speak with Sullivan during those times when he would answer the phone and respond to them with little progress.

With shots still being fired randomly, albeit less frequently, and attempts to establish a dialogue with the suspect being unsuccessful, non-lethal gas was deployed along with a robotic camera device from the Virginia State Police and drones from FCSO.

After a final round of gas was utilized, images from the drones and robot led commanders to believe that the Sullivan may now be incapacitated.

At 10:19 pm, a SWAT entry team made their way into the house and located Sullivan lying on the floor and unresponsive to verbal commands.

Team members approached the suspect and were able to take him into custody without further incident bringing this situation to an end without any
loss of life. Sullivan was transported to the Winchester Medical Center for evaluation, and criminal charges are forthcoming pending consultation with
the Commonwealth’s Attorney’s Office.

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