Crime/Court
Sayre – McDonald defamation suit continued to September 11
Happier times for this odd couple – Tom Sayre and Jennifer McDonald during the ITFederal ground breaking ceremony. Social Media Photo
Approaching 6 p.m. after nearly five hours of testimony in Warren County Supervisor Tom Sayre’s defamation of character civil suit against former EDA Executive Director Jennifer McDonald Friday afternoon, Winchester-based Judge Ian Williams continued the trial to September 11 at 1:15 p.m. Sayre attorney Tim Bosson said he anticipated his client testifying for a half hour to 45 minutes that day, with a similar time frame anticipated in cross examination by McDonald attorney Lee Berlik.
Berlik also told the court he may call his client to testify on her own behalf that day. If he so chooses it is likely to result in more testimony than McDonald offered when she was called shortly after 1 p.m. Friday as the first witness for the plaintiff. It seems that the first thing that occurred when McDonald walked out of the RSW Jail on bond after two months in jail on Wednesday was the serving of a witness subpoena on behalf of the plaintiff.
When she was called to testify by Sayre’s attorney, Berlik alerted the court that “any and all questions relating to the EDA” would be met by his client’s right to assert her Fifth Amendment right not to self incriminate.
McDonald and her two real estate LLC’s are named as three of nine human and LLC defendants in the EDA civil litigation seeking recovery of about $20 million in allegedly embezzled or misdirected EDA assets. She is also facing 14 felony criminal charges handed down by the special grand jury empanelled to investigate potential criminality related to the Cherry Bekaert EDA fraud investigation and consequent civil suit filed March 26.
McDonald wasted no time in asserting her Fifth Amendment right. At least five out of the eight questions asked of her were negated by McDonald’s plea of the Fifth. Judge Williams upheld McDonald’s Fifth Amendment responses.
Questions she did respond to included confirming her December 2018 resignation as EDA executive director; an assertion that an old personal assets statement was outdated; and verification that text and email messages dated between June 6 and July 14, 2017 were actual communications between her and Royal Examiner reporter Roger Bianchini. Those texts and emails were introduced as plaintiff’s Exhibits 3 and 4. They were exhibits that would significantly come into play during later testimony.
In asserting the plaintiff’s claim for $25,000 in damages for defamation of character Sayre attorney Tim Bosson called a series of witnesses to illustrate that McDonald had spread the idea of his client’s involvement in both the EDA office break in of May 18, 2017, and a series of trespass and vandalism incidents alleged to be occurring at her home property through May and June of that year.
To a great extent those witnesses and their testimony revolved around the content of a note found at the scene of the vandalism McDonald reported occurring around 9 p.m., Thursday, June 15. According to the Warren County Sheriff’s Office investigative report, McDonald pointed out a crumpled piece of paper in her yard she indicated was not there earlier in the day when she cleaned her yard.
The note mentions several names and instructions to conduct an effort to terrorize McDonald that appears to include the EDA office break in McDonald reported on May 18, 2017, and continuing through a series of events at her home property. The names “Tom” and “Matt” appear on the note, as well as “the Examiner” where “Norma Jean” was purported to have been waiting for files McDonald reported being stolen during the May 18 EDA office break in about a month before the purported home rock-throwing vandalism.
Two phone numbers of alleged participants in the conspiracy are also present at the bottom of the note. They turned out to be the business numbers of Sayre and former Town Manager Michael Graham.
As they did at McDonald’s 2018 Halloween Day false police report misdemeanor trial, Shaw and Graham both testified they knew nothing of the note or its alleged conspiracy, as Sayre is likely to on September 11. And while Warren County General District Judge W. Dale Houff dismissed the false police report case against McDonald last year, he did observe of the note that “something is made up and something is horribly wrong with this”.
There was also something apparently terribly wrong about a story Royal Examiner reporter Roger Bianchini testified McDonald told him several weeks later about identifying a suspect in the masonry stone vandalism of June 15, 2017. The Royal Examiner reporter said that in late June or early July 2017 McDonald said that while several security cameras on her property had been vandalized during earlier trespasses, one less obtrusive one near her front door had remained in tact.
That camera recorded a facial image of the suspect, whom her private investigator had eventually identified as a petty criminal type and former client of Tom Sayre’s law practice. One of McDonald’s emails to Bianchini, dated July 14, 2017 appeared to verify Bianchini’s testimony.
“He talked with PI and PI has asked him to wire himself and go talk to the culprit. we do not want a he said/she said situation,” McDonald emailed in response to Bianchini’s query, “Anything good to report” about the investigation into the vandalism.
“So he admitted to his own Russia collusion – who is his ‘Putin’ pulling the strings?!!? … and is it a lone wolf or multiple Putins,” Bianchini responded about the masterminds of alleged conspiracy against her.
“He did and multiple putins, but the first putin asked him to do it,” McDonald replies.
“Is the first Putin our photo boy?” Bianchini inquires.
“Yes sir,” McDonald replies ending the e-conversation of July 14, 2017.
On direct examination Bianchini explained the “photo boy” reference related to an earlier, June 11, 2017 text from McDonald: “May have a tip that an elected official is in cahoots with what is happening to me,” McDonald texted.
“Someone I have been trying to find photos of for you,” McDonald added in response to a request for an “off the record” clue as to an identity.
The only person Bianchini said he and McDonald had discussed acquiring a photo of from local newspaper archives dating to 1989-90 was Tom Sayre around the time he arrived in this area sporting what Bianchini described as a radically-different look.
Private Investigator Ken Pullen was asked about McDonald’s representations about a suspect requested to wear a wire on Sayre in discussion about the plot against McDonald. Pullen testified under direct examination by Sayre attorney Bosson that he had initially been hired by the EDA Board of Directors around June 6, 2017 to investigate the EDA office break in. Drescher testified that McDonald asked her board to ask that FRPD be taken off the case because she did not feel comfortable with the direction of their investigation, which appeared to be moving toward the three EDA staffers with access to a key to the office since there was no sign of forced or unforced entry.
Drescher has previously said that the private investigator-driven investigation was eventually turned over to McDonald and encompassed events alleged to be occurring at her home.
Asked about McDonald’s June 11 text to Bianchini that there was evidence “an elected official is in cahoots with what is happening to me” and “No one else knows what is happening this is from my PI,” Pullen stated he had no such evidence.
“You didn’t tell her that?” Bosson asked.
“No,” Pullen replied.
Asked about the alleged effort to have a suspect wear a wire on a co-conspirator Bianchini believed McDonald had identified as Sayre, Pullen said, “No I had not,” adding, “I had no suspect – I did not have anyone wired up.”
If Sayre’s counsel focused on evidence indicating the former EDA executive director had spread his client’s name into the community as a suspect in criminal behavior targeting her, McDonald attorney Lee Berlik took a “no harm, no foul” line with plaintiff witnesses. He argued that the presence of Sayre’s phone number and name on the mysterious note had not meaningfully impacted the Shenandoah District supervisor’s reputation.
Repeatedly he asked plaintiff witnesses what they thought Sayre’s reputation in the community was and had it been damaged by the talk of his phone number’s presence on the note found at the site of the June 15, 2017 vandalism.
A number of witnesses, including Sayre’s fellow Supervisor Archie Fox, former Town Manager Michael Graham whose number was also found on the note, and former Royal Examiner Editor Norma Jean Shaw said they thought Sayre’s reputation was a good one and not been terribly damaged by the talk of his involvement in a plot against McDonald.
Only Bianchini said he thought Sayre’s reputation varied widely depending on who in the community you talked to. But he also failed to say whether he believed that reputation had been damaged widely by the rumor of his participation in an alleged criminal targeting of McDonald.
Asked how many people he told about McDonald’s contention about Sayre’s number on the conspiracy note, Bianchini estimated five or less – his Royal Examiner associate Norma Jean Shaw and possibly Publisher Mike McCool, Michael Graham because of the (202) number, another local reporter using only the four 7’s as a clue, and a girlfriend to illustrate how crazy his job was getting.
Berlik made a point of noting to those others whose name or phone number was on the note that they had not filed a defamation suit over their being implicated in a fashion similar to Sayre’s.
Only Shaw, who along with “the Examiner” was cited as waiting for allegedly stolen material from the EDA office break in, replied that she had considered filing a defamation suit against
McDonald, but added, “I don’t think she has any more money and it would be a waste of time.”
And now there is a five-week wait for the dramatic conclusion of the first of dueling defamation lawsuits filed by Sayre and McDonald against each other – stay tuned for more developments …
Things continue to get interesting on the EDA and related fronts at the Warren County Courthouse. Royal Examiner File Photo/Roger Bianchini
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.
Thank You to our Local Business Participants:
