Crime/Court
McDonald criminal plea hearing postponed
The anticipated entry of pleas on the initial 12 felony criminal financial charges against Jennifer McDonald did not occur on Monday, July 15, due to judicial recusal. Royal Examiner File Photo/Roger Bianchini
The entry of pleas to the 12 felony criminal charges of embezzlement or fraudulent misdirection of EDA assets by former Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald has been put off to a yet-to-be determined date. McDonald’s plea hearing was scheduled as part of the 9 a.m. docket on the July Grand Jury-Term Day on Monday, July 15.
However newly-seated Circuit Court Judge William W. Sharpe, who is moving from Domestic Relations Court to replace Judge Clifford L. Athey Jr. who is taking a seat on the Virginia Appeals Court on September 1, entered a written recusal from EDA-related cases on Friday, July 12. In the wake of that recusal notice neither McDonald nor her criminal attorney Peter Greenspun were in court Monday. McDonald was transferred from RSW Regional Jail to the Fairfax Adult Detention Center on June 11. Greenspun’s office is in Fairfax.
In his recusal Sharpe writes, “It is necessary for this judge to recuse from all cases that may relate to the Warren County Economic Development Authority and Jennifer McDonald, in order to ensure that all parties can be confident the judge has no association with any persons who might be involved in a particular case, either as parties or a witness.”
Sharpe prefaces that statement by pointing out that, “a number of persons who are named as defendants in the pending EDA civil action against Jennifer McDonald and other parties, as well as members of the EDA Board and persons who it appears may be material witnesses in the civil action filed by the EDA, as well as other related civil actions or filed and possible criminal proceedings arising out of the same transactions, are personal friends or former clients or persons with whom the judge has otherwise had regular associations.”
Discussing the recusal with Assistant Commonwealth’s Attorney Bryan Layton outside the courtroom, he observed that Sharpe knew many of those involved from his Rotary membership. In fact this reporter ran into Judge Athey outside the courthouse on Friday, July 12. During a brief conversation about the coming week’s EDA-related hearings Athey explained that he would be phased out of the EDA hearings equation during the coming week to accommodate both his pending move to the state appeals court and the transfer of judicial authority over the EDA civil and criminal cases to other 26th Judicial District judges.
Athey was aware of Sharpe’s recusal and even commented that had he not been moving off the Warren County bench as the EDA cases progressed toward evidentiary hearings and trial he likely would also have recused for similar reasons to those stated by Sharpe, personal or professional familiarity with involved parties. He said he felt it acceptable to hear early motions prior to evidentiary testimony becoming involved in order to keep the cases moving forward in their early stages.
Athey’s primary rulings thus far have been to deny McDonald bond as a flight risk in her criminal cases and an order that EDA civil counsel produce the evidentiary basis for what is a currently a nine-defendant civil suit seeking recovery of a total of over $21-million dollars. That order led to the release into court files of public accounting firm Cherry Bekaert’s “working papers” from its contracted investigation of indicators of financial fraud in EDA operations.
Above, former EDA Executive Director Jennifer McDonald was arrested by Virginia State Police on May 24, making her the first person to face criminal charges stemming from the EDA fraud investigation. McDonald’s Administrative Assistant Michelle ‘Missy’ Henry, below, was the second person arrested in the case. Henry has been jailed since June 24 awaiting a once-delayed bond hearing. Photos RSW website
On Monday Assistant Commonwealth’s Attorney Bryan Layton said it was unclear how the coming judicial appointments might impact other scheduled EDA hearings this week. Motions in the EDA civil action are scheduled for the 9 a.m. docket Wednesday, July 17 and former EDA Administrative Assistant Michelle “Missy” Henry’s already once-delayed bond hearing is scheduled on the 9 a.m. docket Friday, July 19.
Henry was arrested by VSP on sealed special grand jury indictments on June 24. Retired substitute Judge Thomas Horne deferred a decision on bond for Henry on June 25, citing his unfamiliarity with the case. It now remains unclear if the ongoing judicial juggling may again delay a bond decision for Henry this week.
The Warren County Special Grand Jury empanelled to investigate potential criminality connected to the EDA civil case is also scheduled to meet through the latter part of the week.
In a not directly-related criminal case, former Front Royal Mayor Hollis Tharpe has a motions hearing scheduled Monday afternoon at 2:30 p.m. on his solicitation of prostitution misdemeanor case.
Ranking presiding 26th Judicial District Judge Bruce D. Albertson will be responsible for appointing judges to hear EDA-related cases that Sharpe has recused himself from. According to the Virginia Judicial website, active 26th District judges besides Sharpe and the soon-to-be-departed Athey, include Clark A. Ritchie, Kevin C. Black, Alexander R. Iden and Thomas J. Wilson.
However, it is possible Judge Albertson could appoint another substitute judge, including retired court officers who still help the district fill its judicial requirements when shortages and recusals occur.
Crime/Court
Tragedy strikes Shenandoah County: Motorcycle rider dead, car driver charged with DUI, involuntary manslaughter
In a tragic turn of events, a two-vehicle crash in Shenandoah County resulted in the death of a motorcyclist and left another driver seriously injured. The Virginia State Police are currently investigating the circumstances surrounding the incident.
The collision, which occurred on Sunday, May 28, took place around noon on Route 11, also known as Old Valley Pike, just north of Mooreland Gap Road. According to reports, a 2013 Ford Edge, traveling southbound on Route 11, veered across the centerline, resulting in a head-on collision with a 2008 Harley-Davidson motorcycle traveling in the opposite direction.
The motorcyclist, identified as Bradley L. Painter, 57, of Mount Jackson, VA, was declared dead at the scene, succumbing to injuries sustained in the crash. Authorities confirmed that Painter was wearing a helmet at the time of the accident.
JONY SALAZAR-ORTIZ
The driver of the Ford, 28-year-old Jony Salazar Ortiz from New Market, VA, sustained serious injuries in the crash. Emergency responders transported Ortiz to Shenandoah Memorial Hospital for treatment. Police confirmed that he was wearing a seatbelt at the time of the incident.
In a subsequent development, Ortiz was taken into custody and is facing severe charges related to the crash. Authorities have charged him with one felony count of driving under the influence leading to involuntary manslaughter and one misdemeanor count of driving without a valid operator’s license.
Ortiz is currently being held without bond at RSW Regional Jail.
The Virginia State Police are actively investigating the crash. More information will be released as the investigation continues, and anyone with further information is urged to contact the local authorities. The incident serves as a sobering reminder of the critical importance of responsible driving and the tragic consequences that can result from negligence on the road.
Crime/Court
Joint Task Force Apprehends Child Pornography Suspect in Linden, Virginia
In a successful multi-jurisdictional operation, a Linden man was arrested on May 25th following an extensive child pornography investigation. John P. Farley Jr., 70, of the 900 block of Northern Spy Drive, Linden, was arrested and charged with 16 counts of child pornography-related offenses.
JOHN FARLEY
The Warren County Sheriff’s Office Criminal Investigations Division (CID), upon receiving information from the Metropolitan Washington Airport Authority (MWAA) Police, conducted a search warrant at Farley’s residence in March 2023. During this operation, several electronic devices from Farley’s home office were seized and handed over to the Loudoun County Sheriff’s Office Digital Forensics Unit for detailed examination.
Upon scrutiny, it was revealed that out of a total of 68 flagged items, 16 met the strict definitions of child pornography under Virginia state law. These items were carefully assessed by the Warren County Sheriff’s Office Investigator Hajduk, leading to the formal charges under Virginia Code § 18.2-374.1:1 against Farley.
This collaborative effort showcases the crucial role of cross-jurisdictional operations in combating internet crimes against children. The Warren County Sheriff’s Office is a dedicated member of the NOVA/DC Internet Crimes Against Children (ICAC) Task Force, an initiative coordinated by the Virginia State Police.
This case underscores the effectiveness of collective efforts across multiple law enforcement bodies, with the Warren County Sheriff’s Office acknowledging the pivotal assistance from the MWAA Police and the Loudoun County Sheriff’s Office.
As the fight against child exploitation continues, the public is urged to contribute any relevant information. For any details related to this case or the potential exploitation of minors, please contact Investigator Hajduk at the Warren County Sheriff’s Office at (540) 635-7100 ext. 2223 or via email at khajduk@warrencountysheriff.org.
Law enforcement agencies stress the importance of community engagement in identifying and detaining child predators, maintaining that collective vigilance plays a critical role in preserving the safety and welfare of our children.
Crime/Court
Blue Ridge Task Force strikes major blow to local drug trade
A resident of Rappahannock County, Eric L. Butler, 45, has been arrested following a six-month-long investigation led by the Blue Ridge Narcotics and Gang Task Force.
The Task Force executed a search warrant on Butler’s Brinkley Lane residence on Thursday, May 25. The operation led to the seizure of substantial amounts of illicit drugs, including 100 grams of cocaine, 20 grams of heroin, and 100 grams of marijuana. The drugs seized have an estimated street value of around $18,000.
Law enforcement officers also confiscated $21,792 in currency, a 2009 Chevrolet Tahoe, and seven firearms during the raid.
Eric L. Butler
$21,792 in currency, a 2009 Chevrolet Tahoe, and seven firearms were confiscated during the raid.
Butler is now facing multiple felony charges related to drug trafficking and illegal firearm possession. Specifically, he has been charged with two counts of possession with intent to distribute a schedule I/II drug, one count of possession with intent to distribute marijuana, one count of possession of a firearm while in possession of a schedule I/II drug, and one count of possession of a firearm by a convicted felon.
Following his arrest, Butler was transported to the RSW Regional Jail, where he is currently being held on a secured bond.
The Blue Ridge Narcotics and Gang Task Force, which led the investigation and subsequent arrest, is a coalition of law enforcement personnel from several local Sheriff’s Offices, Police Departments, and the Virginia State Police Bureau of Criminal Investigation. The Task Force includes members from the Rappahannock, Fauquier, Orange, Madison, and Culpeper Sheriff’s Offices; the Culpeper, Warrenton, and Orange Police Departments; and the Virginia State Police Bureau of Criminal Investigation, Culpeper Field Office.
This operation underscores the ongoing efforts by local and state law enforcement agencies to tackle drug trafficking and associated crimes in Virginia. The successful arrest and charges brought against Butler represent a significant victory in these efforts. Residents are encouraged to report any suspicious activities to their local law enforcement agencies, as community involvement plays a crucial role in maintaining a safe and drug-free community.
Crime/Court
Landlord-Tenant dispute escalates into gunfire at Shenandoah Farms residence
A long-standing dispute took a dangerous turn early this morning as shots were fired at a Shenandoah Farms residence. Local authorities were summoned to 100 block Mountain Laurel Lane following reports of a heated altercation involving a firearm. The address was previously known to the deputies due to an ongoing conflict between the landlord and the tenants.
Upon arriving at the scene, deputies gathered evidence, including eyewitness accounts and a cell phone video captured by a bystander. The investigation revealed that 68-year-old Alan Wayne Forney allegedly fired a 12-gauge shotgun into the air and above the head of another individual, Jessie Lake, during the heat of the argument.
Forney was promptly arrested on charges of brandishing and recklessly handling a firearm and subsequently transported to the Rappahannock/Warren/Shenandoah Jail. A 12-gauge shotgun believed to be used in the incident was collected from the scene as evidence.
As the investigation continues, officials are encouraging anyone with additional information to come forward. Contact Deputy Doffermire at 540-635-4128 with any relevant details that could aid in the investigation.
This incident serves as a chilling reminder of the potential escalation of ongoing disputes and the role of the community in ensuring safety.
Crime/Court
Reckless firearm discharge leads to serious injury, 19-year-old in custody
A young woman was treated at Warren Memorial Hospital after a reckless firearm discharge resulted in a gunshot wound. Authorities report that the incident occurred outside town limits and is currently under investigation by Warren County Sheriff’s Office.
The Front Royal Police Department initially responded to a report from hospital staff regarding a gunshot wound victim who sought treatment at the facility. Quickly ascertaining that the shooting incident occurred outside their jurisdiction, they handed over the investigation to Warren County Sheriff’s Office.
NATHANIEL DUNCAN
Investigation findings suggest that the female victim sustained her injury due to the reckless handling of a 9mm Glock handgun by 19-year-old Nathaniel Liam Duncan. The incident took place on May 19, 2023, around 22:15 hrs on Rt 55/Strasburg Rd, as the victim was driving from Shenandoah County. The occupants of the vehicle, including the suspect, had recently left a gathering where alcohol was consumed.
Witnesses report that Duncan started to show off the Glock firearm in the moving vehicle, to the surprise of many who were unaware of the weapon’s existence. Despite the urging of a female passenger to stow the firearm safely, Duncan negligently discharged it, with the bullet passing through the driver’s seat and into the driver’s body. Remarkably, the injured driver managed to drop off all passengers at a residence before seeking hospital treatment.
Authorities later apprehended Duncan at a Warren County residence without any incident. The Glock firearm suspected to have been used in the incident was recovered from a shed at the same property.
Duncan has since been charged under Code of Virginia 18.2-56.1 for Felony Reckless handling of a firearm causing serious bodily injury to another resulting in permanent and significant physical impairment.
The Warren County Sheriff’s Office has expressed its gratitude to the Front Royal Police Department for their prompt involvement and assistance, which contributed significantly to the swift handling of the investigation.
This investigation is ongoing, and the authorities are appealing to anyone with information regarding the case to contact Lieutenant M. Glavis at (540) 635-7100 ext. 1. The incident serves as a grim reminder of the potential consequences of irresponsible firearm handling, particularly when alcohol is involved.
Crime/Court
WCPS staff members at Hilda J. Barbour Elementary on leave following complaint; Joint investigation by Warren County Sheriff’s Office and Department of Social Services underway
Warren County Public School’s administration was made aware of a complaint involving staff members at Hilda J. Barbour Elementary School. The staff members were placed on leave pending an investigation. WCPS employees immediately contacted the Warren County Sheriff’s Office and the Department of Social Services to conduct a joint investigation into the complaint.
Parents with children in the affected classroom were contacted and were asked to speak to their child and to contact WCPS personnel if they had additional questions or information.
Staffing has been shifted to provide continued educational services and supports in the classroom.
This is an ongoing investigation, and no additional comments will be made at this time.
Press Release from Warren County Public Schools.
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