Crime/Court
Legality of Meza council appointment will be re-argued orally third week of September
A date of September 22, at 10:30 a.m. has been set by Warren County Circuit Court Judge William W. Sharp to again hear oral arguments in support of plaintiff (Paul Aldrich) and defense (Jacob Meza, Town of Front Royal) filings on the court’s decision to re-hear a citizen challenge of Meza’s appointment/election to council on January 4th, four days after the term he did not run for reelection to, expired. Plaintiff counsel David Downes was seeking an August date further in front of the November 2nd Special Election to fill the final year of the council seat term vacated by Chris Holloway when he was elected mayor in November 2020, taking office January 1, 2021.
Meza is not running to continue into that final year of Holloway’s old council seat term. With the filing deadline passed, only Warren County Republican Committee Treasurer Amber Morris and Bruce Rappaport, a conservative independent who lost the Republican Committee endorsement to Morris, have filed to be on the ballot in the November Special Election.
Could not only Councilman Meza’s seat, but Mayor Holloway’s be at issue in coming legal arguments on Meza’s council appointment? Probably not ‘judging’ from previous hearing discussion and judicial observations. Below, Bruce Rappaport and Amber Morris are on the November Special Election ballot to fill the final year of now-Mayor Holloway’s former council seat – Jacob Meza is not. Royal Examiner File Photos
Speaking of “elections”, how the term “elected” in Section 47 of the Front Royal Town Charter upon which the plaintiff case is based, is finally interpreted by the court could cast a larger shadow over the judge’s final ruling on the issue. In a letter to plaintiff attorney Downes and defense counsel Heather Bardot dated July 15, Judge Sharpe addresses his promise to resolve the case prior to the November 2, 2021, Special Election to fill the final year of the old Holloway council seat term.
“I intend to keep my word … the citizens of the Town of Front Royal deserve to have this matter resolved,” the judge wrote of that pre-Election Day resolution of the case promise, continuing, “As I have already noted, though the Complaint in this case challenges the validity of Mr. Meza’s office, if the Plaintiff’s position is right, then it is quite possible that the validity of the claims to office of other current council members and the mayor may also be in question.”
A potential impact on the mayor’s or other council members seats stems from initial May 25th hearing discussion on whether the relevant Section 47 wording could be interpreted as preventing elected town officials from running in General Elections for one year after their previous term had expired.
That Section 47 wording is: “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.” (underscore added)
However as previously observed during the May hearing, with an 84-year precedent in place of council members and mayors running for re-election since the 1937 passage of the Town Charter, the likelihood of such a judicial re-interpretation might seem remote. In fact, Downes noted that the plaintiff is not pursuing such an interpretation of the Charter wording, adding that what he termed “a methodical analysis” of relevant historical documents, which he cited as “the Virginia Constitution of 1776, the Virginia House of Delegates Rules of Procedure from 1912, Robert’s Rules of Order from 1915, the Town Charter of 1937” among others “shows that the framers of the charter were clearly addressing an election by councilmen and not a general election by the public.”
In addition to jurisdictional issues and legal standing of the plaintiff to challenge Meza’s “appointment” or “election” by his four Republican Committee colleagues to council on January 4, it continues to be the context of the words “appointed” and “elected” as it applies to council actions in Charter Section 47 around which the case revolves.
Much of the written arguments filed by the two sides in the wake of Judge Sharp’s decision to re-examine and re-hear those arguments, echo points made during the May 25 hearing. As reported in Royal Examiner’s story on that hearing, “Bardot pointed to the absurdity of the Section 47 wording” if it was interpreted to mean council could “appoint” someone who was already a council member to a council seat. So, she asserted that Charter Sections 6D and 9 applied to filling council seats, rather than Section 47.
In her Demurrer filing for dismissal, Bardot pointed to Section 6D wording on filling council vacancies: “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.
Citing the inclusion of the words “appointed or elected” Judge Sharp’s initially ruled that Section 47 applied only to paid staff appointments, not council member appointments. Sharpe said it seemed clear that the Town Charter’s intent, dating to its 1937 adoption, was not to prevent council members from running for re-election for a year. So, the court sided with Bardot’s stance for the defense that Sections 6 and 9 of the Charter were the applicable sections on council appointments, rather than Section 47.
In the first round of oral arguments, as he likely will again on September 22, Downes countered that it was “dangerous to take one word out of context” in trying to decipher the intent of town fathers 84 year ago. The plaintiff counsel argued that the Section 47 wording referred to two distinct and different actions: 1/ appointment to a town staff position while being a council member, or within a year of having been a council member; and 2/ “election” as in acquiring a council majority consensus for reappointment to a council seat within a year of leaving council voluntarily, like Meza by not seeking reelection, or involuntarily, as in being voted out of office by the public.
Some have contended Meza did not run in 2020 because he may have believed he would have lost after a controversial year in office surrounding his employer Valley Health and his flip-flopping on recusals from discussion and votes in authorizing a $60-million County-Town EDA loan to help finance construction of a new hospital without a Maternity Unit.
Plaintiff Paul Aldrich, right, and his counsel David Downes outside the courthouse on May 25, following initial oral arguments on the legality of Meza’s Jan. 4 appointment to the town council. Below, over the final years of his previous term Meza ran afoul of ‘Birth Local’ supporters trying to keep a Maternity Unit at the new Valley Health hospital in Front Royal. At issue for those citizens was Meza’s reversal of previous recusals from discussion of the matter due to his Valley Health employment, to cast a crucial vote in support of a County-Town EDA loan to help finance the project.
Plaintiff Paul Aldrich and his counsel contend Meza’s appointment/election by four of his County Republican Committee colleagues (the vote was 4-1) was the very type of political cronyism Section 47 of the Town Charter was designed to prevent.
And so the two legal sides continue to circle and counter the other’s points of contention on jurisdiction, authority of the plaintiff’s challenge and how long-dead town fathers used the English language 84 years ago.
Stay tuned, as a final decision on these issues has been promised by the court before November 2, 2021, one might guess by the end of September or early October at the latest.
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.
Crime/Court
E. Wilson Morrison Elementary School on lockdown Wednesday afternoon as Front Royal Police pursue wanted subject
On Wednesday, March 1, 2023, Front Royal Police Officer attempted to arrest a wanted subject in the area of 120 N. Commerce Avenue, Front Royal at approximately 12:45 pm. The wanted subject ran away from the officer and a short foot pursuit ensued. The wanted subject, Joseph Heath, 32, jumped over the wooden fence behind the Valley Health Multispecialty Clinic towards Chester Street. The officer jumped the fence after Heath and injured his right leg when landing.
Joseph Heath. Photo / RSW Regional Jail
Responding officers converged in the area, set up a perimeter and converged on Heath who had barricaded himself in a shed on the north side of the Love Revival Ministry Center located at 119 Chester Street. Heath had armed himself with a large knife and was causing injuries to himself. A Crisis Negotiator arrived on scene and started speaking with Heath to find a resolution to the incident. After 15-20 minutes, Heath walked out to the crisis negotiator and into the medical care of responding Warren County Fire and Rescue EMS personnel.
During the onset of this incident, E. Wilson Morrison Elementary School was notified to take all students inside the school and to go into lockdown. Joseph Heath was airlifted to Winchester Medical Center with multiple stab wounds to his abdomen. Front Royal Police Officer was transported by ambulance to Winchester Medical Center for injuries to his right leg.
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