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Crime/Court

Motion to suppress Hoyle statements to police in murder case denied

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RSW Jail mugshot of David Glynn Hoyle shortly after his arrest. The strap-on vest is indicative of an inmate on suicide watch. Photo/RSW Jail

FRONT ROYAL – Defense motions to suppress statements made by accused murderer David Glynn Hoyle Jr. to police in the immediate aftermath of the March 27 shooting death of his mother’s fiancé were denied by Judge Ronald Napier following an hour-and-10-minute hearing on Wednesday afternoon, December 20.

Hoyle, 32 at the time of the shooting in the Grand Avenue home he shared with his mother and 58-year-old Warren Howard Ramsey, is accused of First Degree Murder and Use of a Firearm in the commission of a felony.  He faces 20 years to life on the murder charge and a three-year mandatory-minimum of three years on the firearm charge.  Hoyle remains incarcerated without bond at RSW Regional Jail.

Defense attorney Ryan Nuzzo argued that his client was questioned without proper Miranda rights being exercised by town police on the scene and during a subsequent interview during which he was given a gun residue test.  The defense team from the Public Defenders Office was also seeking suppression of the result of that gun residue test.

At issue for the defense was their client’s ability to comprehend a waiver of his Miranda rights, as well as whether initial questions asked by officers immediately after they arrived on the scene of a report of a man down with gunshot wounds were made without Miranda rights being offered.

Nuzzo solicited an admission by one officer, Investigator Landin Waller who conducted the post-arrest interview and residue testing of Hoyle, that he was aware from previous police interaction with Hoyle that the defendant had suffered a brain injury at an earlier point in time.  The defense position was that Hoyle may not have been capable of understanding the implications of several affirmative answers to officers regarding his willingness to talk about the crime and his part in it, both before and after being Mirandized.

Judge Napier said he had reviewed four hours of police video from the scene and subsequent Waller interview with Hoyle.  After explaining that he had been impressed with the defense motion on the suppression of the interview evidence, Judge Napier said he had approached the videos with a skeptical mind as to their admissibility.

“But I didn’t see anything improper,” the judge said in prefacing his denial of the defense motions.  Napier agreed that officers arrived to a very tense and emotional scene with both Hoyle and his mother present and no information on whether an armed shooter might still be on the scene.

Judge Napier said he believed initial questions to a very agitated Hoyle were simply attempts get a handle on the situation.

“I think the officers were just trying to figure out what’s going on here – they weren’t pointing the finger at anybody … the defendant very spontaneously admitted he shot him,” Napier said of what he had seen on video and read from transcripts of the videos.

Hoyle’s ability to be understood at times, particularly during the post-arrest Waller interview, as well as contradictory answers to questions, also came into play in the defense argument.  Defense counsel Nuzzo pointed to one sequence where Investigator Waller asked Hoyle if he understood his Miranda rights.  An initial “no” answer was followed by an additional explanation and subsequent “yes” from Hoyle, followed by what Nuzzo described as a “mumbling shriek”.


The Grand Avenue home Hoyle shared with his mother and victim Warren Howard Ramsey. Photo/Roger Bianchini

Assistant Commonwealth’s Attorney Anna Hammond countered that officers at the scene had bent over backward to accommodate a very distraught and emotional Hoyle.  “All the officers were extremely kind, gentle and patient with Mr. Hoyle.  There was no kind of coercive environment, absolutely no police misconduct,” she told the court.

Perhaps oddly, Nuzzo agreed in principal with Hammond’s rebuttal description – “Officer Waller showed a lot of humanity … I’m not saying otherwise – it is just the ability of Mr. Hoyle to understand,” the defense attorney told the court.

In arguing for suppression Nuzzo said, “I ask the court to err on the side of the defendant.”  He said he feared a ruling for the prosecution retention of the evidence could “open the door to future officers – not Detective Waller,” Nuzzo elaborated, to ignore or improperly apply Miranda rights.

However, the court did not agree that the specific circumstances of this post-crime questioning could lay the groundwork for future abuses by law enforcement.

During questioning of other officers who initially responded to the scene it was testified that Hoyle had nodded affirmatively when asked if he had shot Ramsey.

“I couldn’t take it anymore – but I didn’t want to do that,” Officer Tyler Smith testified Hoyle told him.  “He seemed upset, in a state of shock,” Smith testified of Hoyle’s demeanor at the scene.

During an April hearing the defense requested and was granted a mental competency hearing for their client.

A hearing date was set for the 9 a.m. docket on January 3 to set a trial date.

Crime/Court

Martinsburg man convicted of sex trafficking, distributing fatal doses of fentanyl and evidence tampering

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Kendall Demarko Wysinger was convicted of a number of crimes this week, including distribution of fentanyl resulting in death in Winchester.

HARRISONBURG – A Martinsburg, West Virginia, man, who used heroin as a means to control numerous women he trafficked as part of a commercial prostitution ring that operated in the Western District of Virginia, and elsewhere, was convicted this week following a jury trial in U.S. District Court in Harrisonburg. United States Attorney Thomas T. Cullen made the announcement in a Department of Justice news release.

Kendall Demarko Wysinger, 42, was convicted on Monday, January 14, 2019, of one count of conspiracy to commit sex trafficking, one count of interstate transportation for prostitution, one count of distribution of fentanyl resulting in death, one count of distribution of fentanyl resulting in serious bodily injury, and one count of evidence tampering, following a six-day jury trial. At sentencing, Wysinger faces a mandatory minimum sentence of 20 years in prison and a maximum statutory penalty of life.

“An individual who preyed on vulnerable victims and destroyed numerous lives through opioid distribution and sex trafficking will now spend the better part of his life in federal prison,” U.S. Attorney Cullen stated. “We are extremely grateful for the hard work and persistence of the FBI, the Virginia State Police, and our numerous local law-enforcement partners in bringing him to justice.”

“The I-81 Human Trafficking Task Force continues to work vigorously to identify and bring to trial the perpetrators of these heinous crimes, and partner with victim service providers to ensure victims are able to obtain the necessary care to recover and rebuild their lives,” said FBI Acting Special Agent in Charge, MaryJo Thomas.

According to evidence presented at trial, Wysinger operated a prostitution ring with at least six victims in Virginia, West Virginia, and Maryland. Through the course of the conspiracy, Wysinger used heroin to coerce his victims into engaging in commercial sex and employed threats and intimidation to ensure he maintained power and control over those victims.

Wysinger routinely advertised these victims for commercial sex using online classified ads in Winchester, Virginia, and Shenandoah County, Virginia, and used social media accounts to target and recruit women into his sex-trafficking operation. The defendant demanded his victims provide him nearly all of the money they received from commercial sex in order to pay their drug debts to him and his charges for transporting them to prostitution dates.

On one occasion, in Winchester, VA, the heroin Wysinger distributed resulted in two overdoses. Wysinger gave what he said was heroin to one victim of his sex trafficking ring and her friend. The substance was actually fentanyl, a far more powerful synthetic opioid, and both victims overdosed after ingesting it. One victim died as a result of the fentanyl poisoning. Wysinger was with both victims when they overdosed and destroyed the evidence from the crime scene.

The investigation of the case was conducted by the Federal Bureau of Investigation’s I-81 Human Trafficking Task Force (I-81 HTTF), the Drug Enforcement Administration, and the Northwest Virginia Regional Drug and Gang Task Force (NWRDGTF). Assistant United States Attorneys Erin M. Kulpa and Rachel Swartz prosecuted the case for the United States.

The I-81 HTTF is a collaborative effort of law enforcement and community partners focused on identifying instances of human trafficking along the I-81 corridor in the northern Shenandoah Valley of Virginia, West Virginia, and Maryland; prosecuting those responsible; and, providing assistance to the victims impacted by these crimes. The I-81 HTTF includes law enforcement from the counties of Frederick, Clarke, and Shenandoah as well as the cities and towns of Front Royal, Hagerstown, and Frederick, Maryland and Lord Fairfax Community College.

The NWRDGTF uses the combined efforts of local, state, and federal agencies to actively pursue those groups or individuals who manufacture, distribute, or sell illegal narcotics. The NWRDGTF is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Clarke County Sheriff’s Office.

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Crime/Court

Winchester police investigating Sunday homicide

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Winchester police are investigating a homicide after a city man was fatally shot multiple times Sunday night.

Winchester spokeswoman Amy Simmons stated in a press release that the shooting occurred at 10:53 p.m. on Sunday, December 23 in the 300 block of Smithfield Avenue.

The release stated that when officers arrived on the scene, victim Jerry Wayne Reid, Jr., 40, was found inside his home, suffering from multiple gunshot wounds.

Winchester Fire and Rescue units transported Reid to Winchester Medical Center, where he was pronounced dead.

Police say there were two witnesses were home at the time of the shooting, described by police as “a roommate and an acquaintance.”

Investigators say they do not currently have a motive or a suspect in the crime; they believe the shooting was an isolated incident.

According to witnesses on Smithfield Avenue, three masked people were attempting to break into houses along that street before coming to Reid’s home. When the alleged burglars kicked in the door of Reid’s home, witnesses say Reid confronted them and was subsequently shot.

Police say this is the first homicide in the city since 2015, when Nija Johnson, of Winchester, was indicted on January 24, 2015, on a second-degree murder charge related to the deather of her infant daughter, Natalia Johnson.

The Winchester Police Department is asking for the public’s assistance. Anyone with information is asked to contact the Department at 540-662-4131 or the anonymous tip line at 540-665-TIPS.

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Crime/Court

Front Royal resident arrested for attempting offenses involving children

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Demond A. Lightfoot, a 21-year-old Front Royal resident. Photo/Front Royal Police Department

On December 13, 2018, Front Royal Police Department received a report that an adult male was attempting to solicit underage females into meeting with him and engaging in inappropriate activities. The communication was made through Snapchat, a phone application. On 12/18/2018, a joint operation was conducted by the Front Royal Police and Warren County Sheriff’s office detectives at a local motel, where the suspect believed he was meeting with a 13-year old female to engage in illicit sexual activities. The male suspect was arrested upon his arrival at the motel room where both agreed to meet.

Demond A. Lightfoot, a 21-year-old Front Royal resident, was charged with § 18.2-374.3 – Use of Communications Systems to Facilitate Certain Offenses Involving Children. Court date for this offense is set for 01/10/2019 at 9:00am in Warren County Juvenile and Domestic Relations Court. Lightfoot was additionally charged with violation of his probation and is being held at the RSW Regional Jail without bond. Anyone with any further information in reference to this matter is asked to contact Detective Z.M. King at (540) 636-2208 or zking@frontroyalva.com.

We would like to take this opportunity to urge parents of underage juveniles to please monitor the usage of their children’s social media accounts. It is often a tool or resource criminals use to solicit or groom your children into illegal activity.

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Crime/Court

Child endangerment and drug arrest in Linden

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Ashley Secor and Misty Morris. Photo courtesy of RSW Regional Jail.

On December 13, 2018 at approximately 3:56 pm Warren County Sheriff’s Office received a 911 call in reference to a cardiac arrest at Linden residence on Rambo Lane. The caller also advised that there was an infant in the residence and she was unaware of who the infant belonged to. Upon arrival, Deputies observed CPR being performed on a female lying on the front porch. The female was later identified as 39 year old Misty Morris who resides at that address.

Deputy Stevens assessed Morris’ condition, administered one dose of four milligrams of Naloxone and CPR was continued. Morris slowly began showing signs of a positive reaction to the Naloxone and a second four milligram dose was administered. Morris regained full consciousness and refused medical treatment from Warren County Fire and Rescue personnel.

The caller exited the residence and informed the Deputies that there was another female in the basement. Deputies located and detained 32 year old Ashley Secor of Paw Paw Drive, Front Royal, VA in the locked basement bathroom. Secor is the mother of the 13 month old infant that was left unattended upstairs.

Northwest Regional Drug Task Force Agents and Warren County Department of Social Services were contacted and responded to the scene. The father of the 13 month old was located and responded to take custody of his child.

Secor was arrested and charged with the following:

Distribution of schedule I narcotic
Possession of schedule I narcotic
Possession of drug paraphernalia
Felony child endangerment

Morris was arrested and charged with the following:

Conspiracy to distribution schedule I narcotic
Possession of schedule I narcotic
Possession of drug paraphernalia
Felony child endangerment

Both females were transported to RSW Regional Jail and are currently being held without bond.

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Crime/Court

ATF raid results in 19 arrests for drug and firearm violations

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House on South Royal Ave, Front Royal was one location raided by ATF early in morning last week. Photo by Mark Williams, Royal Examiner.

Thomas T. Cullen, the United States Attorney for the Western District of Virginia, Thomas L. Chittum III, Special Agent in Charge of the Washington DC Field Office of the Bureau of Alcohol Tobacco Firearms and Explosives, and Sheriff Timothy Carter announced this morning (December 13th) that the following persons (19) were arrested in December 2018 on Sealed Federal Indictments. Also listed are three additional persons who were arrested for state narcotics charges during this operation.

Jonathan L. Hodges, 30 years old, of Front Royal, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Distribution of Controlled Substances

William R Shoemaker, Jr. 45 years old, of Edinburg, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Three (3) Counts of Distribution of Controlled Substances
  • Possession of Firearm by Prohibited Person

Katie L. Harlow, 27 years old, of Woodstock, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Three (3) Counts of Distribution of Controlled Substances

Dana M. Silvious, 29 years old, of Maurertown, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Three (3) Counts of Distribution of Controlled Substances

Erica N. Lam, 29 years old, of New Market, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine

Brandon W. Eppard, 28 years old, of Mount Jackson, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Maintaining Drug Related Premises

Tiffany Bowman-Lopez, 30 years old, Quicksburg, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Six (6) Counts of Distribution of Controlled Substances

Amanda J. Mullins, 30 years old, Edinburg, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Two (2) Counts of Distribution of Controlled Substance

Anthony Testerman, 25 years old, of Mount Jackson, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Possession with Intent to Distribute Controlled Substances

Kenneth J. Webb, 36 years old, of Woodstock, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Three (3) Counts of Distribution of Controlled Substance

Dietrich M. Day II, 28 years old, of Dumfries, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Distribution of Controlled Substance


The following individuals were arrested on Tuesday 11, 2018 on Sealed Federal Indictments:

Jeffrey C. Mays, 32 years old, of Basye, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Possession of Firearm in Furtherance of Drug Trafficking Crime

Javon E. Cook, 26 years old, of Woodstock, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Distribution of Controlled Substance
  • Possession of Firearm by Prohibited Person
  • Possession with Intent to Distribute Controlled Substance
  • Use and Carry Firearm during Drug Trafficking Crime

Michael L. Mullins, 32 years old, of Edinburg, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Two (2) Counts of Distribution of Controlled Substance
  • Possession of Firearm by Prohibited Person

Christian M. Burhop, 27 years old, of Mount Jackson, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Distribution of Controlled Substance w/TBL
  • Four (4) Counts of Distribution of Controlled Substance

Justin T. Mumaw, 26 years old, of Mount Jackson, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Two (2) Counts of Distribution of Controlled Substances

Brooke N. McIntosh, 27 years old, no fixed address

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine

Christopher T. Trimble Fishersville, VA

  • Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Methamphetamine
  • Possession of Firearm by Prohibited Person

Additional Federal Arrest Warrant:

Merle Stephens, 50 years old, of Basye, VA

  • Possession with Intent to Distribute
  • Possession of Firearm by Prohibited Person
  • Possession of Firearm in Furtherance Drug Trafficking Crime

SCSO arrested the following on State charges:

John K. Barb, 38 years old, of Woodstock, VA

  • Possession of Methamphetamine

Christopher A. Miller, 31 years old, of Edinburg, VA

  • Possession of a Controlled Substance

Felicia A. Gainer, 31 years old, of Mount Jackson, VA

  • Two (2) Possession of Controlled Substance
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Crime/Court

Bonds set in Christendom College arson-vandalism cases

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christendom fire

Ryan Farrell anf Christopher Shanahan / Courtesy Photos RSW Jail

FRONT ROYAL – Two Christendom College students facing multiple charges for setting fire to a common-access campus dorm bathroom on December 6 were in Warren County General District Court on Tuesday, December 11.

Ryan Farrell, 23, and Christopher Shanahan, 20, face identical charges of Arson, burning of an occupied building; Arson, burning or destroying personal property; Vandalism, entering property of another for purpose of damaging it; and Trespass with intent to damage property or interfere with property rights; Petit larceny, under $200; and § 18.2-415 – Disorderly conduct in public places.

In addition, Shanahan was also charged with one count of Underage Possession of Alcohol.

The arson and vandalism charges are felonies, the others misdemeanors.

During the Tuesday hearing, both Farrell and Shanahan saw bond set at $2500, with court dates of April 10, 2019, set at 1:15 p.m. Court records indicate that Farrell was represented by Todd Gilbert and Shanahan by Jerry Talton.

An online search of the RSW Jail inmate locator program indicated Farrell and Shanahan were no longer inmates as of December 12.

See related story: Two Christendom College students charged in campus dorm arson

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