Crime/Court
Judge dismisses Meza appointment/’election’ challenge a second time
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.
Crime/Court
Luray man arrested for soliciting underage victims for sexual purposes
An investigation into the solicitation of minors in the Warren County/Front Royal area was initiated by Front Royal Police detectives on March 20, 2023. The detectives took a proactive approach to apprehend individuals who were soliciting underage victims for sexual purposes. An undercover operation was conducted, during which an adult male began soliciting one of the detectives, whom he believed to be a female under the age of 15. The adult male suspect sent sexually explicit material to the detective, who was posing as a juvenile in an undercover capacity. The suspect started the conversation voluntarily without being prompted.
Under Virginia Code § 18.2-374.3, it is unlawful for any person to use a communications system or other electronic means to procure or promote the use of a minor for taking indecent liberties or production of child pornography.
The suspect was identified by the police as Allen J. Bright, a 35-year-old resident of Luray, Virginia. On March 27, 2023, detectives traveled to Bright’s workplace in Luray, VA, and apprehended him for the offenses listed below. Bright was taken to the Page County Jail and ordered to be held without bond after appearing before the magistrate. The court date for the listed offenses has been set for April 20, 2023, at 09:00 a.m. in Warren County Juvenile and Domestic Relations Court. Additionally, the Virginia State Police arrested Bright for two additional charges of the same nature.
ALLEN J. BRIGHT
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. The department urges anyone with information about soliciting or exploiting any minor to contact them. If anyone has further information about this case, they should contact Detective M.R. Ramey at (540) 636-2208 or by email at mramey@frontroyalva.com.
The Front Royal Police Department acknowledges and appreciates the assistance provided by the Luray Police Department and the Virginia State Police in this investigation and the successful apprehension of the suspect.
(Information from a release by FRPD)
Crime/Court
Frederick County Sheriff’s Office make arrests in two separate school-related investigations
The Frederick County Sheriff’s Office has been investigating separate allegations of two Frederick County Public School employees having inappropriate contact with two students. One involved a Frederick County Middle School student, and the other was a student of Sherando High School.
School officials notified FCSO School Resource Officers about the situation at Frederick Co. Middle on March 13th and the second at Sherando High School on March 14th. The School Safety Division of the sheriff’s office launched investigations into both complaints and has now made arrests because of interviews conducted and evidence collected in the two cases.
Emily Walker, a P.E. Teacher and basketball coach at FCMS, has been arrested and charged with the felony of Taking Indecent Liberties with a Child. Walker is being booked into the Northwestern Regional Adult Detention Facility after having turned herself in voluntarily. It has been alleged that Walker had inappropriate contact with a 12-year-old student on more than one occasion. Evidence of hundreds of text messages exchanged between Walker and the student over the course of several weeks indicated an escalation in expectations of physical contact. The investigation revealed that the male victim, who has since turned 13, also met with Walker, on more than one occasion, on school property, where the two are alleged to have kissed.
Matthew Geyer, a teacher’s aide at Sherando High School, has been arrested and is currently being held without bond at the regional adult detention facility, where he has been charged with Contributing to the Delinquency of a Minor. Geyer has been alleged to have had a consensual sexual encounter with a 16-year-old male student after the two met through a social media app a few months ago. This
The investigation has confirmed that Geyer and the victim met off school property at the victim’s home, where sexual contact was made between the two.
At this phase of the investigation, and with initial charges placed, the Frederick County Sheriff’s Office will not be releasing any further details pending upcoming court appearances and hearings.
Crime/Court
McDonald criminal cases change of venue motion denied – Front Royal, Warren County residents will be excluded from federal jury pool
On Monday, March 20th, United States District Judge Elizabeth K. Dillon entered an order denying Jennifer McDonald’s motion for a change of venue to Charlottesville for her criminal trial slated for Harrisonburg in a federal court in the 10th Western District of Virginia. That trial, on 34 criminal indictments related to the Front Royal-Warren County Economic Development Authority “financial scandal,” is scheduled for over a month from May 15 into June.
Federal court-appointed defense counsel for McDonald, Eric Trodden, filed the change of venue for trial in February. He asserted that his client is not likely to get an unbiased jury in Harrisonburg due to Shenandoah Valley regional media reporting about McDonald and other related civil cases in which she was a witness or topic of legal arguments pointing a finger at her alleged role as the central figure in the estimated $26-million financial embezzlement and misappropriation of FR-WC EDA and municipal funds scandal.
However, after a detailed review of applicable law and circumstances of the press coverage by local and regional media, specifically citing Royal Examiner coverage dating back to 2018, the judge ruled the coverage as essentially non-biased and factually based. The judge did rule that residents of the Town of Front Royal and Warren County would be excluded from the federal jury pool.
“It is HEREBY ORDERED that defendant’s motion to transfer venue (Dkt. No. 45) is DENIED, but the court will exclude residents of the Town of Front Royal and Warren County. Warren County has no cities, and only one recognized town, Front Royal, from the jury pool. The clerk of court is directed to transmit a copy of this order to all counsel of record,” Judge Dillon wrote in concluding her review of the issues surrounding the defense motion.
In examining the circumstance of media coverage, Judge Dillon wrote: “Press coverage of this matter has been primarily from the Royal Examiner and the Northern Virginia Daily. (Dkt. No. 47.) Both papers are local to the Strasburg/Front Royal Area. The majority of the press coverage is from 2019, two years before the indictment in this case, although the media covered this case and related civil lawsuits into 2021. Defendant herself initiated the press coverage in 2018 when she reached out to a local reporter (yours truly) with an allegedly false story about winning money at a casino.
EDA Director Jennifer McDonald parlays casino winnings into real estate investments
Photo from a 2018 Royal Examiner story by this writer cited by the judge in a change of venue ruling. Judge Dillon noted that in certain instances like this one, McDonald had reached out to the media for news coverage. Royal Examiner File Photo Roger Bianchini
In her analysis of the McDonald defense motion, Judge Dillon observed: “Rule 18 of the Federal Rules of Criminal Procedure governs the appropriate place for trial. ‘Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.”
And Judge Dillon ruled that with the exclusion of residents of Front Royal and Warren County, about an hour north of Harrisonburg, who have been most exposed to media coverage going on five years, McDonald can get that fair trial from jurors further south in the Federal 10th Western District of Virginia, in a City of Harrisonburg federal courtroom.
McDonald faces 16 counts of money laundering, 10 counts of bank fraud, 7 counts of wire fraud, and 1 count of aggravated identity theft, the latter related to the Truc “Curt” Tran/ITFederal case.
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.
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