Crime/Court
Jury takes less than hour to find ‘Sammy’ North liable in wife’s ‘scheme’ to move $110,000 from EDA to real estate transaction for personal gain
After just over five hours of testimony, evidence, and opening and closing arguments by plaintiff and defense counsel Tuesday, a seven-person Warren County Circuit Court civil case jury found former Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald’s husband Samuel ‘Sammy’ North liable on all of its claims regarding his part in a 2015 real estate purchase on a parcel at 1309 Robinhood Lane achieved with the transfer of $110,000 in EDA funds. Those EDA claims included (i) fraud, (ii) unjust enrichment, (iii) conversion, (iv) conspiracy, (v) ultra vires (related to his wife’s exceeding her authority as an EDA official), and (vi) punitive damages.
Financially, 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 is approximately $893,000.
Defense attorney Frank Reynolds indicated he would file a motion to overturn the verdict as unsubstantiated by civil case law just as counsel for four other EDA financial scandal civil defendants tried and found liable in July have done. Hearings on those defense motions are scheduled to be heard by Judge Bruce D. Albertson on November 30. A schedule for defense filings and plaintiff responses to facilitate the North case’s inclusion in that late November hearing was discussed prior to adjournment around 5 p.m. Tuesday afternoon, October 25. North’s civil liability trial was originally scheduled for July but was continued in the wake of a bankruptcy filing by North, which according to plaintiff counsel was later withdrawn.
Asked about the verdict, current FR-WC EDA Board of Directors Chairmen Jeff Browne, present for the trial as he was for the July cases, told Royal Examiner, “Well, it’s another win. It shows that we’ve got a good legal team and we had a good case. And it makes a real difference for the people of Warren County.”
EDA lead counsel Cullen Seltzer and assistant Kimberly Paulsrud, the latter who handled the projected graphic presentations in support of the plaintiff’s case at trial Tuesday. Royal Examiner file photos
Asked if he was concerned when alerted that the jury had reached a verdict so quickly – about 45 minutes, Browne said, “No, not really. My sense was that, that was a good sign.”
It might be noted that in closing arguments both sides’ counsel had called the evidence presented to the jury as “simple” in its nature, though disagreeing on the substance of that evidence as to the defendant’s knowledge or lack thereof on McDonald’s use of EDA assets.
“And the jury listened to that evidence and made a decision,” Browne noted of the verdict and the time taken to reach it. He noted that more civil cases will be coming to court in March to April of 2023. Of the November hearing on the recent defendant motions to overturn jury verdicts, Browne added, “I don’t think there will be any changes in November, I hope not. And we’ll have the opportunity to start gathering assets.”
With the North verdict and liability ruled by the jury added to the four made in July, pending no reversal of verdicts on November 30, the EDA is poised to recover over $15 million in assets on these five cases. Coupled with an out-of-court “no-fault” settlement with McDonald, on paper at least, involved civil case defendants have been ruled or offered liability for about $24 million of the estimated $26-million EDA “financial scandal” circa 2014-2018.
Trial debate
As with the July civil trials of April Petty, William Lambert, Donald Poe and Earthright Energy, and Truc “Curt” Tran and ITFederal related to the EDA financial scandal uncovered in 2018, plaintiff and defense arguments in the EDA versus North case revolved, at least in part, around what the defendant knew or didn’t know about Jennifer McDonald’s lack of unilateral authority to move EDA assets related to the defendant’s use of those assets in what plaintiff counsel referred to as “a scheme”.
Defense counsel Reynolds argued that plaintiff council had failed to present any evidence proving his client knew his wife did not have the authority to transfer $110,000 of EDA funds for his purchase of a townhouse at 1309 Robinhood Lane in September 2015. In fact, defense counsel argued that the $110,000 transfer to facilitate the $107,500 purchase, plus closing costs, by her husband could have been authorized by an EDA Asset Committee. Reynolds pointed to his client’s and Settlement Title staff’s recollection of the presence of then-EDA Board Chair Patty Wines, since diseased, at the Robinhood Lane property closing, to argue that it could have been an authorized transfer related to the EDA’s efforts to develop affordable workforce housing for young professionals.
However, EDA lead attorney Cullen Seltzer countered those arguments with one of the three witnesses he called, former Warren County and EDA attorney Dan Whitten. In fact, Tuesday’s trial was accomplished in one day with the calling of a total of only four witnesses: Closing company Service Title’s Records Custodian Kelly Shaney, Whitten, and Jennifer McDonald by the plaintiff, and defendant Samuel North by the defense.
Under direct examination Whitten pointed out that any transfer of over $50,000 of EDA funds for acquisitions would have to be approved by the full EDA Board of Directors in an open session vote. Whitten testified that McDonald’s 2015 transfer of $110,000 for her husband’s purchase of 1309 Robinhood Lane had never been discussed in open or closed session, and never approved by the EDA board. EDA counsel Seltzer also pointed to North’s invocation of his 5th Amendment right not to self-incriminate when asked at deposition why the Robinhood Lane parcel had been purchased.
Jeff Browne, left, and Dan Whitten at EDA Board of Directors meeting prior to Whitten’s departure to another county attorney role.
On cross examination, Whitten expressed no knowledge of an EDA Asset Committee in 2015 that might have discussed or forwarded the transaction. Also on cross examination by the defense, McDonald testified that the EDA’s Asset Committee predated her 2008 to 2018 tenure as EDA executive director. During defense closing argument, Reynolds hammered at Whitten’s lack of knowledge of and absence from any EDA Asset Committee meetings to indicate a gap in the plaintiff’s case alleging the $110,000 transfer was unauthorized. But in his rebuttal closing argument, EDA attorney Seltzer countered that no EDA committee, likely comprised of two board members, could have authorized a transfer of $110,000 per the EDA policy on full-board approval of such transfers over $50,000.
Financial difficulty or not
In opening arguments and some evidentiary submissions, EDA counsel presented a scenario of financial difficulty by North and his wife in 2015 leading to the decision to move EDA assets to facilitate North’s purchase of 1309 Robinhood Lane. Seltzer presented records indicating that North’s plumbing business had lost over $71,000 between 2013 to 2016, while the couple was claiming gambling income/losses totaling $1.125-million over the same four-year period. Defense counsel countered that the “income/losses” tax claims actually indicated a break-even gambling scenario, rather than a high loss one of over $500,000 creating financial difficulty for the couple.
In closing, Reynolds told the jury that the plaintiff had failed to show “one bit of information here other than they were married to each other” to implicate his client in a conspiracy to defraud the EDA. North had testified on direct examination that his wife handled the couple’s taxes and financial affairs, and he had been unaware of the large gambling claims until shown them at deposition. In response to a question from his attorney, North estimated the most he’d ever lost gambling in a year was $2,000. Queried by EDA counsel about his signing off on tax returns he had not reviewed, North said he trusted his wife on such matters, adding that, “Finances were never my niche.”
Implication of 5th Amendment responses
One key piece of plaintiff evidence that opened their evidentiary case was a video excerpt of the above-referenced deposition given by the defendant to EDA counsel on March 30, 2021. During questioning on details of the Robinhood Lane purchase, North invoked his 5th Amendment right not to self-incriminate what Seltzer later told the jury was a total of 45 times. Called as the plaintiff’s final witness, questioned about her transfer of the $110,000 for her husband’s September 2015 purchase of the 1309 Robinhood Lane parcel, a parcel EDA counsel noted North would gift to his wife in November of that year, McDonald invoked her 5th Amendment right not to self incriminate about 11 times before Seltzer ended his direct examination.
‘Sammy’ North’s arrest on criminal charges – later dropped along with others facing speedy trial statute violations – related to the EDA financial scandal swirling around his wife’s tenure as EDA executive director, is a reminder of the potential criminal liability around the EDA civil litigations surrounding alleged co-conspirators of Jennifer McDonald related to her movement of EDA assets over a several year period. Since the criminal aspect was turned over to federal authorities from a state special prosecutor’s office, only McDonald has been re-indicted on criminal charges.
During closing arguments plaintiff and defense counsel debated the implication of those 5th Amendment responses by both North at deposition and McDonald on the stand. Reynolds noted simple care in the face of possible criminal indictments on related matters, while Seltzer for the EDA stressed to the jury that the 5th Amendment is invoked specifically in support of one’s Constitutional right not “to self-incriminate” regarding potential criminal charges.
It would appear from its quick finding of civil liability that the latter plaintiff argument held the most weight for the seven jurors during their deliberations.
The Warren County Courthouse has seen a flurry of EDA civil case activity in recent months resulting in 5 of 5 verdicts of personal liability, 7 of 7 including 2 related company liability findings in 2 of those cases.
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.
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.
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