Powell-Adams Kerfoot Avenue murder trial set for February

Bailey Powell’s RSW Jail mugshot

The then 17-year-old accused of stabbing his 19-year-old girlfriend to death on Kerfoot Avenue on March 25 has a trial date set for the week of February 12, 2018.  Now 18-year-old Bailey Lincoln Powell was indicted as an adult in Warren County Circuit Court on June 5, for the Second Degree Murder of Leah Adams.

Told by defense counsel during a procedural hearing on Monday, September 18, that a minimum of three to four days were anticipated for trial, Judge Clifford L. “Clay” Athey Jr. set an entire week’s docket – February 12 to 16 – aside for the trial.  Any pre-trial motions were scheduled for the 1 p.m. docket of February 7.

However, it is expected other evidentiary hearings may be scheduled on coming Circuit Court “term days” generally scheduled for first Mondays of the month in the run up to the trial.  Among evidence likely to be reviewed prior to trial is the result of a psyche evaluation ordered to determine the defendant’s competency to stand trial.  Testimony at a May 25 preliminary hearing described the fatal incident as occurring during a drug-induced paranoid state.

After the September 18 hearing was adjourned after seven minutes, a quick call back of the defendant and attorneys was sent out to establish for the court record that Powell had waived his speedy trial rights.  Brought back to the courtroom in his black and white-striped RSW maximum security clothes, Judge Athey asked Powell if he had discussed the waiver of his speedy trial right.

“Yes, your honor,” Powell replied.

Asked if he agreed that despite his incarceration awaiting trial, the waiver of that right to a speedy trial was in his best interest, Powell said, “Yes sir.”

At 2:21 p.m. court was re-adjourned after a total of 11 minutes of discussion of the schedule leading up to and through trial.

Background

As reported by the Royal Examiner at the time the indictment against Powell was filed in adult court after he turned 18 and was transferred to the RSW Regional Jail from a Frederick County juvenile facility:

The grand jury indictment against Powell states, “On or about March 25, 2017 in the County of Warren, Bailey Lincoln Powell, did unlawfully, feloniously and maliciously kill and murder Leah Marie Adams in violation of Section 18.2-32 of the Code of Virginia, as amended.

Leah Adams – a life cut tragically short

Powell was initially charged in Juvenile Court with Second Degree Murder, a Class 2 felony that carries a sentence of 5 to 40 years in prison.  He has also been charged with aggravated assault.  He has been held without bond since his arrest in the neighborhood where Adams died shortly after the incident transpired.

Initially held in the Frederick County Juvenile Detention facility, Powell was transferred to RSW Regional Jail after turning 18 on May 9.

An evidentiary hearing in circuit court was scheduled for June 29, at 8:45 a.m.  According to Powell attorneys David Hensley and Beau Bassler that hearing involves seeking an independent lab analysis of both the victim and their client’s blood.  State labs do not test for LSD, the drug allegedly involved in the fatal incident.

According to social media posts of both the victim and her accused murderer, Powell and Adams had been in a relationship for about 10 weeks at the time of Adams’ death.

According to testimony at an emotional May 25 hearing open to the public in Warren County Juvenile Court, Powell had ingested LSD, a psychotropic drug the day of Adams murder.  Witnesses painted a picture of a suspect thrown into acute paranoia by his drug intake, then deciding to flee Adams’ Cherrydale Avenue home, where several friends were gathered, in her vehicle.

Adams attempt to regain control of her car around 10:30 p.m. on a Friday evening ended about 3 blocks.  Law enforcement witnesses said Powell told them Adams threw the car into park from the passenger seat on the 100 block of Kerfoot Avenue, across the street from the Warren County skatepark and soccerplex.

Police warning flare residue at Kerfoot Ave. scene

Neighborhood witnesses said the car began to move as Adams was attempting to enter through the open driver’s side door.  As the car swerved to the right, northbound, eventually knocking two mailboxes over, Adams fell into the street.  Witnesses said she rose screaming for help, falling at a driveway where she was initially assisted by residents, including a nurse and off-duty Front Royal policeman.

She was pronounced dead on arrival at Warren Memorial Hospital a short time later.

Powell was taken into custody after creating a disturbance about two blocks away, after abandoning Adams’ vehicle around the corner from where Adams fell fatally wounded from two stab wounds to the chest.

Witnesses who encountered Powell described him alternately asking people if they had a pistol and yelling for someone to kill him.  Law enforcement officers, who questioned Powell the night of the murder, testified on May 25 that the suspect stated at various times that he didn’t stab Adams; didn’t remember stabbing her; or that it was an accident.

The officer who stayed with Powell throughout the night in a room where he was held at Warren Memorial Hospital, said he repeatedly asked, “Is she dead?” or “Is she really dead?