Crime/Court
Removal Petition hearing on County Board continued to December
An as-yet undetermined date in December was set for the continuation of a hearing on the citizen-launched Removal Petition against the five sitting Warren County Supervisors. The hearing was on the Warren County Circuit Court docket Friday morning, November 22, at 8:45 a.m.
Judge Bruce D. Albertson heard motions and the reasoning for the continuance by video hook up from his home courtroom base in Harrisonburg. When a suggested date of December 6, when Albertson will be in court on EDA-related criminal hearings, did not work for one of the two defense attorneys, James Cornwell, the judge said he would like a specific December date agree upon within two working days.
As he had the previous day during hearings on EDA-related criminal charges, Commonwealth’s Attorney Bryan Layton notified the court of his intention to remove himself from EDA prosecutions with a newly-elected Commonwealth’s Attorney John Bell slated to take over at the turn of the year, prior to any EDA-related trials getting under way. And with Bell planning to recuse himself from EDA prosecutions to assure there is not even a perception of possible conflicts of interest that might impact future EDA legal proceedings, Layton suggested that despite his desire to continue with the EDA cases, that they, like yesterday’s criminal cases, be turned over to the office of Rockingham County Commonwealth’s Attorney Marsha Garst.
Rockingham Assistant Commonwealth’s Attorney Michael Parker appears poised to take on the bulk of cases Layton has been working, along with the EDA Special Grand Jury investigation. Layton again noted Parker needed time to get up to speed on the background of the various cases he is taking on.
See you again in December – primary motions arguments on the Removal Petition targeting the WC Board of Supervisors will be heard on an as-yet determined December date following Friday’s continuation. Royal Examiner File Photos/Roger Bianchini
Defense co-counsel Cornwell and Acting County Attorney Jason Ham had no objection, by remote phone hook up, to Layton’s call for the continuance of the Removal Petition hearing.
During Friday’s hearing it was reported that notice of certification of the required amount of signatures had been received from Warren County Voter Registrar Carol Tobin. That certification, which came despite the loss of 107 signatures that could not be verified as registered county voters, allows the Petition for Removal from office of the supervisors to proceed.
The filing required a minimum of 10% of the number of registered county voters who voted in the last election. That number is cited as 6,958, requiring a total of 696 countywide. Even with the 107 lost signatures, the petition contained 835 verified signatures.
The petition was filed October 18 as part of the grass roots public reaction to the Front Royal-Warren County Economic Development Authority financial scandal that has led to a number of dueling civil litigations surrounding the EDA’s attempt to recover $21.3 million dollars in allegedly misdirected or embezzled EDA assets. The EDA civil litigation alone has already cost the County and its taxpayers $1.31 million dollars in legal and investigative financial audit costs.
And with a $750,000 cap on attorney’s fees payable to the Sands Anderson law firm of Richmond removed by the supervisors on Tuesday, that number is anticipated to keep climbing over the coming year or more as the civil cases proceed and what is anticipated to eventually be in the neighborhood of a million pages of related documentation is submitted for those civil, and related criminal, cases.
The Removal Petition contends the County’s elected Supervisors were directly negligent and in dereliction of their official duties in allowing the alleged EDA financial embezzlements to develop under their indirect stewardship since at least 2014-15.
After the Front Royal Town Council voluntarily abdicated certain oversight functions several years ago when the County took over the Town’s operational funding of the EDA, the County Board alone now appoints EDA Board of Director members. It is those appointed members of the quasi-governmental EDA that have direct oversight authority of EDA staff, a defense motions filing in the Removal Petition case states.
Commonwealth’s Attorney Bryan Layton, left, with FBI and VSP during April 16 search of EDA offices. Leaving the office in January, Layton is fazing himself out of EDA cases and Commonwealth’s Attorney-Elect John Bell is recusing from them. So the Rockingham County Commonwealth’s Attorney’s Office will take over those prosecutions.
The Removal Petition cites the board members’ three misdemeanor criminal indictments on misfeasance and nonfeasance charges filed September 20 as one primary legal basis of the recall. Those charges targeted the supervisors, along with current and former EDA board members, for an absence of due diligent oversight of the actions of former Warren County Economic Development Executive Director Jennifer McDonald in the final four months of 2018.
However, the fact those indictments were dismissed by Judge Albertson as non-criminal by Virginia Statutes, even dating to English Common Law under which they were filed, may complicate the petitioners’ argument.
Just two days before Friday’s hearing defense co-counsel Cornwell and Ham filed a Demurer with the court seeking dismissal of the petition. Grounds cited for dismissal include a lack of jurisdiction for the filing; a lack of legal authority for the supervisors to act directly to limit the activities of EDA staff; and “Legislative Immunity” precluding the Judicial Branch of State Government from a “quasi-criminal” investigation of a Legislative body such as the county supervisors regarding how they conduct their business.
It would appear that while the timing of the defense Demurrer filing might have precluded proceeding with arguments Friday, a December hearing date could see arguments on these crucial legal points of contention.
On October 28, Judge Albertson denied a petitioner’s motion to immediately remove the five sitting supervisors prior to any arguments on the legal dynamics of the Removal Petition.
Warren County’s incumbent supervisors continue to await a decision on a citizen-filed Removal Petition – for three of them it will soon be a moot point.
Targeted by the Removal Petition are Daniel J. Murray of the North River District, Thomas H. Sayre of the Shenandoah District, Tony F. Carter of the Happy Creek District, Archie A. Fox of the Fork District, and Linda Glavis of the South River District. As of the turn of the year in the wake of Murray and Glavis’s retirements and Sayre’s defeat at the polls in November, only Carter and Fox will be impacted by the Removal action.
See Related Stories:
County Supervisors removal petition filed with 941 signatures
County officials, EDA board members have good day in court – will it last?
Crime/Court
Former Priest sentenced to 8 years in long-standing sexual abuse case
In an important turn of events that highlights the long arm of justice, former priest Scott Asalone has been sentenced to eight years in prison for a sexual abuse crime that occurred almost four decades ago.
The sentencing took place at Loudon County Circuit Court, marking an end to a case that revolved around the sexual abuse of a minor in 1985 by Asalone, who was a priest at St. Francis de Sales Catholic Church in Purcellville, Va. at that time. Asalone, who is now 66, was 29 years old then, and the victim was a 14-year-old child. In addition to the eight-year sentence, Asalone has been mandated to register as a sex offender for life and is prohibited from having any contact with the victim.
Scott A. Asalone, 65, a former priest at St. Francis de Sales Parish in Purcellville, pleaded guilty to sexual assault of a minor. Photo courtesy of Loudoun County Adult Detention Center
Attorney General Jason Miyares called the sentencing a testament to “long, overdue justice” for the victim. “Today’s sentencing brings overdue justice to the brave victim who came forward and told their story. My office will continue to prosecute child offenders aggressively,” Miyares said. He encouraged anyone who has been a victim of clergy abuse to report it to the Virginia State Police or local law enforcement.
Asalone, a Asbury Park, NJ resident, was indicted by a multi-jurisdiction grand jury in March 2020. He was arrested in New Jersey on March 14, 2020, extradited to Virginia, and remained on bond pending trial. On December 12, 2022, Asalone pleaded guilty under the Alford rule in Loudon County Circuit Court to felony carnal knowledge of a minor between 13 and 15 years of age. Asalone was removed from public duties in 1993 and was dismissed from the Order of Capuchin Friars in 2007.
The case was led by Chief Prosecutor Phillip Figura and Assistant Attorney General Alyson Yates of the Office of the Attorney General’s Major Crimes and Emerging Threats Section.
This case reminds us that no individual is above the law, and justice, though sometimes slow, can and will catch up. It stands as a beacon for victims, offering reassurance that their stories matter and that bravery in coming forward can lead to justice.
Crime/Court
Hit-and-Run incident involving pedestrians sparks urgent call for information
The Virginia State Police are reaching out to the public for their assistance in solving a hit-and-run incident that occurred on Saturday, June 3, in Clarke County. This alarming incident took place at a local McDonald’s parking lot, leaving two pedestrians injured. With an ongoing investigation, authorities are urgently appealing for any information that could help identify the driver responsible for this reckless act.
Photographs courtesy of the Virginia State Police
At approximately 10:45 am, Trooper S. Stinnett swiftly responded to a distress call reporting a hit-and-run accident at the intersection of Route 340 (Lord Fairfax Hwy) and Route 50 (John Mosby Hwy). According to eyewitnesses, a maroon or red-colored SUV was backing out of a parking spot when it collided with two pedestrians. Shockingly, the SUV driver fled the scene without rendering aid or providing identification.
Law enforcement authorities have provided a description of the hit-and-run driver, who is believed to be an adult female with blonde or light-colored hair. She was last seen wearing blue jeans and a white or light-colored shirt. The vehicle in question is a maroon or red-colored SUV of unknown make and model, possibly exhibiting damage on the driver-side rear.
Fortunately, the pedestrians, a 42-year-old female, and a 2-year-old male, sustained only minor injuries in this terrifying ordeal. Medical professionals promptly attended to them at the scene, ensuring their well-being. Nonetheless, the traumatic experience underscores the urgency of finding the responsible driver to prevent such incidents from occurring again.
To aid in the investigation, Virginia State Police are urging anyone with information related to the incident or the maroon SUV and its driver to come forward. If you witnessed the crash or have details that could assist in identifying the individual responsible, please contact the authorities at 540-662-3313 or dial #77 from your cell phone. Alternatively, you can send an email to questions@vsp.virginia.gov. Every piece of information, no matter how insignificant it may seem, could be vital in solving this case.
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.
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