Judge Ponders Motions to Dismiss Remaining Charges Against Ennis Death Defendants

After hearing over two hours of direct and cross-examination testimony each from defendants Zachary Fadely and Tyler Poe, along with a second expert witness called by Poe counsel, a long-time law enforcement officer and consultant on a variety of related issues, including use of force parameters, Brian O’Donnell, defense counsel William “Beau” Bassler (Fadely), and Justin Daniel (Poe) rested their cases late Monday afternoon, February 10.

But the fireworks, like lead Prince William County special prosecutor William Sweet’s previous trial day, less-than-sweet cross examination of Fadely expert witness Douglas Deaton, were far from over.

On Monday, following a brief 10-minute recess called at 5:50 p.m. the jury was informed by Judge Clark Ritchie that with both defenses rested and the submission of evidence closed, they would be released until the following day. However, rather than a 9 a.m. trial convening, jurors were ordered to return to the Warren County Courthouse by 7:45 a.m. for a planned 8 a.m. convening of court. The early start was slated in an attempt to get the trial to the jury prior to a forecast winter snow and ice storm predicted at the time to begin around 10 a.m. Tuesday and last the balance of the day. But will the cases be handed to the jury on Tuesday, or could the trial take another turn?

With the jury dismissed Monday, both defense counsel renewed earlier motions to strike the reamaining charges against their clients. As previously reported those charges are Malicious Wounding agaist Fadely and Unlawful Wounding against Poe. Felony Homicide charges against both defendants were dropped by the prosecution to open the trial Friday morning, February 7 (see related story: “Felony Homicide Charges Dropped by Prosecution in Ralph Ennis death trial”).

Then on Monday after listening to attorneys from all sides arguing the meaning of previous cases taken to the Virginia Supreme Court, including “Rourke 1944”, “Mercer 1928”, among others from 1923 and 1969, Judge Ritchie indicated he was taking the arguments seriously and would take some time overnight to ponder a decision.

“I am struggling with the malice aspect,” he told counsel, adding that he would make a ruling on the dismissal motions first thing the following morning to open proceedings. Subsequent discussion among attorneys involved potential lesser charges that might be offered to the jury as alternative convictions. It was pointed out that the hierarchy from most severe, “Malicious” which Fadely is charged with, goes down to “Unlawful” which Poe is charged with, to “Assault & Battery” as a lesser alternative to both of the first two. Unmentioned but looming should the motions to dismiss be denied was a fourth option, acquittal by the jury on any charge presented to them.

The focus of most testimony in these cases has centered on the intent of the defendants in their moves to subdue 77-year-old Ralph Ennis into compliance with orders, sometimes conflicting, being hurled his way following a slow-speed pursuit over four to five miles southbound on Route 522/340 South between Fairgrounds Road and the 7/11 parking lot at the entrance to the Crooked Run Shopping Center just north of Front Royal. Due to Ennis’s failure to stop with two Warren County Sheriff’s Office vehicles running lights and sirens behind him over distance the incident was classified over police radio by the ranking involved officer as a High-Risk Stop.

That designation set off the anticipation of involved officers rushing to join, assist, and resolve the pursuit of a potentially dangerous resolution with a driver and possibly passengers engaged in felonious activities. However, testimony indicated at the time of his confrontation with authorities Ennis’s offenses were misdemeanor based. Officer Christopher Pontious initially attempted to pull Ennis over for speeding, 63 in a 55 mph zone after 1 a.m. Pontious tesitifed earlier that Ennis actually slowed down during the pursuit, rather than pick up speed in an attempt to outrun his pursuer.

In court Monday, first Bassler for Fadely, then Daniel for Poe, cited what they believe is a lack of substantive evidence presented by the prosecution of any indication either defendant intended to seriously harm Ennis in bringing him into custody. Rather, they argued that they were following training parameters for confronting High-Risk or Felony Stops. The prosecution has countered that the defendants acted out of turn as the newest and least experienced officers on the scene. And that they acted with varying levels of force unnecessary to the confused presence before them, which other more experienced officers on the scene hadn’t felt compelled to escalate to “hands on” action.

However, expert witness O’Donnell testified that the defendants’ actions matched training parameters to neutralize into custody High-Risk Stop suspects as soon as possible.

Both defendants testified they did not initially identify Ennis after he stopped and exited his car in the 7/11 parking lot at the entrance to the Crooked Run Shopping Center as a confused, elderly man. Rather he was IDed as a rather large, estimated at 6-foot-2, 220 pound suspect of unknown age, who was failing to follow instructions of officers, including of closest physically and primary on the scene Officer Christopher Pontious, to allow Ennis to be safely taken into custody. Tragically, they did not find out until after the fact of the physical confrontations that the the suspect was an elderly, 77-year-old dealing with advanced dementia. Ralph Ennis died 13 days after the April 2, 2022, incident within a day of being released from Winchester Medical Center into hospice care.

But according to the official autopsy report, Ennis died of natural causes related to his advanced dementia. However, there is some controversy over that conclusion among friends and relatives of Ennis, including ones who visited him, often more than once during his hospitalization. That hospitalization started at Warren Memorial Hospital in the immediate aftermath of the incident. But Ennis was quickly transferred to Winchester Medical Center after his diagnosis of a brain bleed among the injuries suffered in his aborted arrest.

As a result of their first impressions of the suspect, first Poe moved on Ennis in an attempt to handcuff him behind his back, during which Ennis’s head hit the rear cab of his pickup truck. Fadely almost immediately then charged the pair in an attempt to move them out of a “danger zone”, which directly behind an involved vehicle in a High-Risk Stop that has yet to be cleared of additional occupants is considered to be. Fadely testified he was not aware of Ennis’s truck’s trailer hitch over which Ennis tripped upon being pushed, leading Ennis to fall hard onto the asphalt parking lot, apparently head first, with Fadely and Poe on top of him as his cuffing was completed.

Defense testimony has indicated that both Poe and Fadely offered first-aid assistance to Ennis at various points after the fall over the trailer hitch, another indication of a lack of malice intent defense counsel have asserted.