It was somewhat of a mixed message handed down by Judge Clifford L. Athey Jr. following nearly three days of a motions hearing on the Front Royal-Warren County Economic Development Authority civil litigation. That litigation seeks recovery of a minimum total of $17.6 million from nine defendants – kind of like the federal Mueller indictments from the Russia probe, a mix of human and corporate entities.
At primary issue was a plaintiff request to freeze $3.56 million dollars in assets of former EDA Executive Director Jennifer McDonald. EDA lead attorney Cullen Seltzer noted that in the wake of information from the previous day that requested levy had been reduced to $3.17 million dollars. Seltzer apparently was referencing McDonald defense attorney Jay McDannell’s assertion from his client that two real estate parcels in possession of McDonald real estate companies were being held in “a constructive trust” on behalf of the EDA.
That assertion goes to the heart of the defense presented on McDonald’s behalf during the motions hearing, which may be a clue to her defense at trial. That defense, addressed by McDannell during his closing argument Friday afternoon, is that his client may have misinterpreted exactly how much authority to initiate real estate transactions on the EDA’s behalf her board had granted her.
Testimony from several current and former EDA board members Friday indicated that the amount of trust and confidence they had placed in their executive director often led to initiatives being undertaken and reported and/or approved later as necessary.
However, several of those EDA board members also testified they had never authorized the executive director to unilaterally transfer the large amounts of money involved in some of the real estate transactions in question.
Simple misunderstanding with a laissez-faire board of directors or something more nefarious? Stay tuned as the case moves toward a July 17 hearing.
As for the court’s motions ruling of Friday, May 31, as he hinted he would during the hearing, after closing arguments Athey granted the plaintiff request for a freezing of real estate or bank accounts under sole control of McDonald or her two real estate companies, while leaving those she owns jointly with her husband or parents unattached as potential collateral against damages being sought.
That same principal was used by Athey in attaching levies on a number of automobiles – those jointly owned with relatives were not attached, while those in her name alone were.
In addressing the bank account issue the judge said he thought it important to leave McDonald, who as of May 24 is charged with four felony criminal counts related to the civil litigation, access to personal resources with which to present a defense against the charges against her.
In approaching his ruling on specific McDonald, DaBoyz and MoveOn8 LLC assets, the judge went through the specific EDA projects cited in the plaintiff response to the defense demurrers and motions. Athey noted that such hearings place the court in a difficult position because it faces what is essentially a mini-trial before discovery and all relevant evidence is before it.
After ruling the plaintiff had met the initial burden proving the basic validity of its complaint with the adjustments made in response to the initial defense motions for added specificity, Judge Athey moved through each EDA project cited to have been involved in embezzlement or misdirection of its assets:
- Workforce Housing – plaintiff likely to succeed in presenting its case.
- Afton Inn – not enough evidence yet presented by plaintiff, not included in determining judgment.
- Skyline Criminal Justice Training Academy – likely to succeed, included.
- ITFederal $10 million loan – not likely to succeed, not included.
- Earth Right Energy contracts – cannot find evidence likely to succeed at this juncture, not included.
- Unlawful Town, County funds to McDonald-owned/controlled real estate – likely to succeed, included.
- As to the specific involved real estate, the judge did not include in the plaintiff attachment McDonald and her husband’s Faith Way Drive home, her mother’s home or a day care property.
- Properties attached against movement included 1321 Happy Creek Road and 2951 Rileyville Road in Page County.
Athey noted that he would not likely preside at the next hearing in the case on July 17 due to his September 1 departure for a seat on the Virginia Appeals Court. To accommodate the judge who takes over the case, Athey ordered a transcript of this week’s motion hearing put in the court file.
See other detail of Friday’s hearing in an upcoming Royal Examiner story, including closing arguments and the testimony of current and former EDA board members William Biggs, Ron Llewellyn, Bruce Drummond and William Sealock, called to question Defense Exhibit 8 referenced in yesterday’s motions hearing story.
All did testify that they had not signed the “Confidential” Closed Session Resolution document in question, despite McDonald attorney McDannell’s attempt to head that testimony off by withdrawing the disputed document from evidence. Noting the exhibit had already been introduced and commented on by a previous witness, Athey denied McDannell’s request to withdraw the document.
Fairfax County teacher convicted of solicitation of a minor; jury recommends 7 years
HANOVER COUNTY (August 20, 2019) – Ryan Thomas Pick, 41, of Woodbridge, Virginia, was convicted yesterday by a Hanover County jury of two counts of Using a Communication System to Procure a Minor for an Unlawful Act and one count of Solicitation of a Minor Under the Age of 15, following a trial on the charges. The jury subsequently recommended that Pick serve a seven-year prison term for his offenses. Upon his release, Pick will be required to register as a sex offender in any jurisdiction in which he lives or works. He will be formally sentenced on November 22, 2019. Mark R. Herring, Attorney General of Virginia, made the announcement following the trial and conviction, which was presided over by Hanover County Circuit Court Judge J. Overton Harris.
“Individuals who sexually solicit children are robbing them of their childhood and their innocence, and what is even more troubling is that this man worked with children on a daily basis,” said Attorney General Herring. “Because of the work my team and local law enforcement agencies put into this, another dangerous predator is out of our community. My office will continue to seek justice against those who would exploit and harm children like this.”
The investigation of this case began in July of 2018 when an undercover officer with the Hanover County Sheriff’s Office conducted an undercover chat investigation on the social networking site Omegle. While posing as a 12 year-old girl, the officer was connected with Pick, who chatted with the officer and made comments that were sexual in nature. During the conversation, Pick sent a video of himself to the officer engaging in sexually explicit conduct. He then made several statements about sex acts he wanted to engage in with the purported 12 year-old. An investigation revealed that Pick held several jobs including as a music teacher for Fairfax County public schools, the music director at his local church, a private music instructor, and a seasonal pizza delivery man. In August of 2018, officers executed a search warrant at Pick’s Fairfax County residence. During the execution, Pick admitted to using Omegle regularly and to chatting with the purported 12 year-old.
This case was investigated by the Hanover County Sheriff’s Office. Attorney General Herring’s Computer Forensic Unit provided digital forensic analysis of the evidence in support of the case. Assistant Attorney General Alexaundra Williams of Attorney General Herring’s Computer Crime Section prosecuted the case on behalf of the Commonwealth.
Spotsylvania County Schools phishing scam investigation
As a result of extensive investigative efforts, the Virginia State Police Bureau of Criminal Investigation’s Culpeper Field Office has been able to reclaim more than half of the money lost in a complex phishing scam targeting the Spotsylvania County Public School system.
On Thursday (Aug. 15) state police will be handing over checks to the Spotsylvania County Treasurer’s Office totaling $347,010.39. Additional checks will be forthcoming next week.
State police began the cyber investigation Aug. 1, 2019, and has been working with local and state law enforcement in other states in order to track down the fraudulent deposits made into accounts at multiple banks. State police are still pursuing the case and several individuals associated with the scam. No charges or arrests have been made at this stage of the ongoing investigation.
State police is also investigating two other potential cyber phishing scams involving county employees, but there is no evidence to suggest any of the three incidents is connected. Those investigations are ongoing, as well.
Virginia man facing multiple charges after I-81 pursuit
On August 14, 2019, at approximately 1 a.m., Virginia State Police Trooper M.T. Brill attempted a traffic stop on a 2018 Toyota Corolla that was traveling north on Interstate 81 at the 275-mile marker in Shenandoah County. The traffic violation was for speeding – 91 mph in a 70 mph zone. The Toyota refused to stop and a pursuit was initiated.
The Toyota, reaching speeds of up to 115 mph, continued north on I-81 into Warren County. On I-66, the suspect vehicle attempted to take Exit 13 when the driver lost control and struck the guardrail. The Toyota’s driver, Spencer J. Reiman, 31, of Vienna, Va., was taken into custody without further incident. Reiman was not injured in the crash.
Reimann was arrested for DUI and charged with one misdemeanor count of reckless driving, one felony count of eluding police, possession of marijuana and possession of controlled substances. He is being held at the Rappahannock Shenandoah Regional Jail.
Three passengers in the Toyota were also arrested, Kitkwan Karlo, 20, of Fairfax, Va., and Kyle Lujan, 20 of Vienna, Va., were charged with drunk in public and underage possession of alcohol. Frederick Maggi, 21, of Fairfax, Va., was charged with drunk in public.
‘Bawdy Place’ trial related to dropped Tharpe charge set day after Election
A hearing and trial date of Wednesday, November 6, at 2 p.m. was set in the cases of Cynthia Atkinson Bailey, her daughter, son and son-in-law regarding their alleged roles in operation of a Front Royal massage parlor in which sexual favors were allegedly offered as part of the business operation.
Misdemeanor charges against the 55-year-old Bailey, daughter Brandy Nicole Atkinson, son Jesse Thomas Atkinson and son-in-law Joshua Allan Stamper will go to trial that day, while the felony charges will face a preliminary hearing.
Responding to a question from Warren County General District Court Judge W. Dale Houff, defense counsel David Downes and Assistant Commonwealth’s Attorney Bryan Layton concurred that the joined cases would likely require a couple of hours, leading to the setting to the 2 p.m. start time for cases likely to consume the rest of the court’s afternoon docket.
Layton also informed the court that he and defense counsel were “on the same page” regarding a variety of evidentiary motions regarding discovery and alleged offense dates. In fact, Downes withdrew a submitted Bill of Particulars, telling the court that audio tapes he had received from the prosecution today “may clarify” what he had requested from the prosecution in that filing.
Among the evidentiary motions that may be in the process of resolution is Downes’ “Giglio Motion” seeking information on potential prosecution witness Tiffany Amber Wymer. That defense motion cites a felony charge “on or about December 6, 2018” for “possession with intent to distribute marijuana” that according to the defense motion was dropped by prosecutors on May 28, 2019 in Frederick County General District Court.
Downes motion on his client’s behalf questioned if the resolution of that case related to Wymer’s anticipated testimony in the Bailey et al prosecution and “whether she has received immunity from prosecution for” a variety of other possible charges, including “her fraudulent welfare applications… operating an illegal sex chat website” and “prostitution charges”. Downes further asks how many incidents of prostitution Wymer may have received immunity for.
The two sides also appeared to agree to pin down the offense dates to between May 16 and June 7, 2018. The fact that Bailey had a June 7, 2018 charge and arrest on a prostitution charge nul prossed by the Commonwealth on October 2, 2018, appeared to play a role in some contentious accusations amidst dueling press releases between the defense attorney, the Winchester Commonwealth’s Attorney’s Office which took over as special prosecutor in a related case of solicitation of prostitution against former Front Royal Mayor Hollis Tharpe, and FRPD Chief Kahle Magalis.
A political twist
Downes alleged the new charges against his client were “retaliatory” & “vindictive” due to his client’s intention not to testify in the Tharpe prosecution, invoking her Fifth Amendment right not to self-incriminate. The Tharpe prosecutor’s office and FRPD denied any wrong doing or vindictiveness in the “bawdy place” bust.
Tharpe’s misdemeanor solicitation case was dismissed at the request of Special Prosecutor Heather Hovermale during a July 15 hearing. As Royal Examiner reported at the time, Hovermale told the court the prosecution could not proceed in the wake of Cynthia Bailey exerting her Fifth Amendment right not to self incriminate in response to several questions, including whether she knew Tharpe or if he had ever touched her in a way she did not invite.
His charge dismissed, Tharpe almost immediately announced that he would run in the November election to regain the mayor’s seat he announced four days after his April 15 indictment he would resign from effective May 2. As Royal Examiner has previously observed, ironically the foreman of the grand jury that handed down the indictment against Tharpe was Matt Tederick, a local Republican Committee operative and former chairman. A 4-2 council majority, Tewalt and Thompson dissenting, appointed Tederick interim mayor on May 28.
However it appears there will be no Tederick-Tharpe grudge match on Election Day, November 5. Tederick has announced he will not run in the special election to fill out the remainder of Tharpe’s term through 2020. But former mayor and current Councilman Eugene Tewalt, who announced his candidacy after Tharpe’s resignation and Tederick’s appointment, will oppose Tharpe’s attempt to regain his mayoral seat one day prior to the Bailey family trial and hearing.
Good Times, Bad Times
Bailey and her children were arrested by Front Royal Police on May 15, 2019 and charged with the misdemeanor offense of maintaining a “bawdy” (defined as gross, indecent or overly graphic) place. Other charges include receiving money from earnings of prostitution (felony), prostitution (felony), and cruelty to children, the latter charge according to the criminal complaint involving the presence of a juvenile in the Biggs Drive residence who “answered phone calls, arranged appointments and walked clients to the rooms.” The referenced juvenile is believed to be a grandchild of Bailey’s.
According to an FRPD press release issued on May 16, the arrests were the result of an ongoing investigation that began in late January of 2018. It also appears that investigation also resulted in the now-dismissed charge of solicitation of prostitution against Tharpe.
The indictment against Tharpe cited a May 31, 2018 incident in which Tharpe allegedly offered “money or its equivalent to another for the purpose of engaging in sexual acts… and thereafter did a substantial act in furtherance thereof against the peace and dignity of the Commonwealth…”
That offer is alleged to have been made at the 312 Biggs Drive address out of which the massage parlor run by Bailey under the banner of Blue Ridge Services, operated.
Stay tuned as Hollis Tharpe seeks re-election on November 5; and Cynthia Bailey and her family fight the charges against them one day later.
Arrest made in connection with July arson fire
On Saturday, July 14, 2019, Warren County Fire and Rescue and Warren County Sheriffs Office along with Middletown Fire and Rescue units were dispatched to 600 Catlett’s Ford Road for a reported residential structure fire.
Units arrived on the scene at approximately 1:35pm to find a small, single-family home with fire and smoke evident from within the residence. Units quickly extinguished the fire and verified the homes sole occupant had escaped the blaze. The occupant was treated and released on the scene for smoke inhalation. There were no other injuries.
The cause of the fire was investigated by the Warren County Fire Marshal’s Office. Fire Investigators determined the fire was caused by an act of arson. Fire Investigators were joined by the Warren County Sheriffs Office Criminal Investigations Division to identify any suspect(s) in the case.
As a result of the joint criminal investigation; the owner/occupant of the home was arrested and charged in connection to the incident. Mr. Carl Wayne Robinson a 46-year-old male, the homes sole occupant, was arrested on August 10, 2019, and charged with §18.2-77 – Burning or destroying dwelling house.
Mr. Robinson is currently being held without bond. Anyone with information is asked to contact Fire Marshal, Gerry Maiatico, at 540-636-3830 or Sheriffs Office Lieutenant, Phillip Henry, at 540-635-4128.
Virginia State Police still pursuing leads in unsolved 1999 New Kent County homicide
RICHMOND – The Virginia State Police (VSP) Bureau of Criminal Investigation’s (BCI) Richmond Field Office continues to pursue new leads and tips connected to the 1999 unsolved homicide of a Mechanicsville teenager in New Kent County. To date, state police is still working to identify the male suspect who fired several rounds into the 1999 Nissan Altima Sara Bruehl had rented to drive to Virginia Beach with her two close friends on Aug. 8, 1999.
It was 20 years ago on the Sunday evening of Aug. 8 that Sara Bruehl and her two friends were shot at while traveling along Interstate 64 near Exit 205 for Bottoms Bridge. Tragically, Sara, who was driving, was shot and killed prior to her vehicle crashing off the right side of the interstate. Her 18-year-old female front-seat passenger was also shot, but survived her injuries. The 17-year-old female backseat passenger survived injuries resulting from the vehicle crash. All three were recent graduates of Atlee High School in Hanover County.
The suspect was described as a light-skinned African-American or Hispanic male, with dark eyes and a goatee. The suspect vehicle was described as a small, red car with tinted windows and halogen lights. Based on witness statements and other information gathered during the course of the investigation, it is believed that Sara and the driver of the red car had engaged in a “cat-and-mouse” game of speeding up, slowing down and changing lanes over about a 20-mile stretch of I-64. Both vehicles were heading eastbound when the other driver pulled up in the right lane next to Sara’s vehicle, rolled down the driver’s side window, and shot four times into the Nissan Sara was driving. The suspect sped away in the eastbound lanes of I-64 as the Nissan ran off the right side of the interstate at Exit 205 and struck a tree. The shooting occurred at about 9:10 p.m.
“We know there are people out there today, even 20 years later, who know who was responsible for taking this young girl’s life and injuring her friends,” said Captain Tim Ring, VSP BCI Richmond Field Office Commander. “State police is still committed to identifying this individual and bringing him to justice. We owe it to Sara and her family to solve this case once and for all. That’s why we are still pursuing leads and still asking for people to come forward with any information they may have to share on this drive-by shooting.”
Anyone with information related to this case is encouraged to contact the Virginia State Police at #77 on a cell phone or 1-800-552-9965 or by email to email@example.com.