According to documents in the Warren County Circuit Court Clerk’s Office, on Monday, September 25, legal counsel for HEPTAD LLC (Heptad) filed a civil action against the Front Royal Town Council for its August 28 rejection of Heptad’s Proffer Amendment proposal to facilitate the long-floundering Swan Estates residential development. That development on a total of 98.25 acres to the west of Leach Run Parkway is for a now-reduced number of homes on “approximately 86 acres” — 335 units, down from 450 with all multi-family units eliminated, was cited in the civil complaint. The Heptad/Swan Estates residential development project was broached in 2011, with initial proffers offered and placed in 2012, according to references in the civil complaint.

But focusing on the August 28, 2023, council rejection of Heptad’s proffer amendment proposal, the company is seeking damages of $6 million as a result of a divided town council’s 4-3 vote to deny the amended proffers. Mayor Lori Cockrell cast the decisive tie-breaking vote for the denial of “Skip” Rogers motion to approve the proffer amendments. Voting with the mayor for denial were Melissa DeDomenico-Payne, Amber Morris, and Josh Ingram. Voting for approval with Rogers was Vice-Mayor Wayne Sealock and Bruce Rappaport.

Graphic accompanying HEPTAD LLC proffer amendment submission showing parameters of Swan Estates parcel. Locations of WCHS to left, WMH at right-center, and WCMS upper right, are shown. Below, the Front Royal Town Council ponders what it has been shown regarding the Heptad Proffer Amendment proposal to update what was originally agreed to in 2012, prior to construction of Leach Run Parkway. Royal Examiner File Photos

The bottom line in the civil complaint filing on the first page states: “Heptad maintains that the Council’s denial was arbitrary, capricious, unreasonable, unconstitutional and in violation of Virginia law.” Heptad’s counsel cites six counts justifying its damages claim against the town council as a whole entity. It is also noted that Heptad’s contract with Van Metre Communities LLC to purchase the property for development fell through as a direct result of the proffer amendment denial.

Count 1: In denying the Amended Proffers, Council refused to relieve Heptad of the burden of an unconstitutional condition in violation of Va. Code Ann. 15.2-2208.1;

Count 2: The Council’s denial of the Proffer Amendment was a violation of Va. Code. Ann. 15.2-2298, in violation of the Dillon Rule;

Count 3: The Council’s request that Heptad relinquish its property rights to credits as a condition of amending the 2012 Proffers violates Plaintiff’s vested rights;

Count 4: The denial of the Proffer Amendment is a violation of Va. Code Ann. 15.2-2303.4;

Count 5: Declaratory judgment that the monetary contribution remaining in the 2012 Proffers constitutes an unconstitutional condition. Of this count, it is added: “The failure or refusal to approve the 2023 Proffers has left Heptad subject to the 2012 Proffers, which impose an unreasonable and unconstitutional condition on the development of the Property that remains a burden on the Property, specifically an unconstitutional monetary contribution toward the cost of construction of Leach Run Parkway that must be removed.” A case of the BOS of Albemarle Co. v. Route 29, LLC is cited in support of this count.

Count 6: Violation of rights protected by the United States Constitution in violation of 42 U.S.C. 1983 because of the monetary contribution remaining in the 2012 Proffers constitutes an unconstitutional condition.

Heptad also alleges inaccurate information or flawed interpretation of information being cited by council members during the final public hearing phase and council discussion leading up to the split vote of denial.

And we’ll let the lawyers take it from there. The Prince William County-based law firm of Walsh, Colucci, Lubeley & Walsh P.C. submitted the 28-page civil complaint on behalf of HEPTAD LLC. Attorneys John H. Foote and Matthew A. Westover appear to be the involved counsel, with Foote signing the civil complaint submission above his and Westover’s contact information.

As noted in the Royal Examiner’s story on the August 28 vote referencing the Town meeting video: “The Swan Farm proffer amendment public hearing begins at the 2:05:47 mark of the linked Town video; the vote is called at 2:59:15 mark, with the deadlock reaching the mayor at the 2:59:47 mark. (The mayor’s) vote is cast at 3:06:20, ending the discussion – for now.”

“For now,” indeed. If we recall correctly, prior to casting her tie-breaking vote, Mayor Cockrell commented that certain past proffer-related actions or inactions by Heptad left her with “heartburn” on the proposed proffer changes. Wonder how that heartburn is doing now.

Split Town Council Denies Swan Estates Proffer Amendments, Hears Overwhelming Citizen Support for Revitalized Youth Center

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(UPDATE: According to the 10th Western District of Virginia federal website, Judge Elizabeth K. Dillon has set aside the week of Monday, October 23, through Friday, October 27, for the criminal trial of former FR-WC EDA Executive Director Jennifer McDonald to resume and run to conclusion. As reported below, involved attorney expectations are that the trial could be turned over to the jury for deliberations on the 34 criminal indictments the defendant faces within two to three days once the trial resumes. The prosecution will call its 57th and final witness when the trial is reconvened. The defense is then anticipated to only call one or two witnesses before resting and heading the trial into closing arguments.)

After a second week (Sept. 19 to 22) and an additional day, Monday, September 25, lost to the “unexpected health issue” or “unexpected circumstance” referenced at a motions hearing last week, the federal criminal prosecution of former Front Royal-Warren County Economic Development Director Jennifer McDonald was again put on hold on Tuesday, September 26. And with the defendant again the only principal absent at the defense or prosecution tables, and no court official and none of the 15 jurors and alternates missing, the smart money “in Vegas” or at Charles Town’s Hollywood Casino is on McDonald as the focal point of that unexpected “health issue” or “circumstance.” In fact, it might be recalled that in the wake of one of her arrests, while her prosecution was initially at the state level, McDonald had to be transported from jail to a hospital for medical care, believed to be heart rate or blood pressure related.

Mug shot of Jennifer McDonald following one of her two summer of 2019 arrests following indictments at the state level. She was hospitalized for a time following one of those arrests. Royal Examiner File Photo

In fact, during an 8:30 a.m. motions hearing, defense counsel forwarded a motion for a mistrial due to the repeated delays and uncertainty on a time frame moving forward at trial. Lead prosecuting attorney Sean Welsh countered the mistrial argument, citing case histories and circumstances of longer delays in which mistrial motions were denied. Welsh also told the court he didn’t feel the defense had “proved anything beyond speculation” to justify a mistrial, including any “cumulative” negative impact on jurors from delays.

After the hearing was closed to the media or the public several times to let personal variables of involved parties not be made public, Judge Elizabeth K. Dillon posed the alternative of “briefly suspending the trial” and resuming it as an alternative to a mistrial. Dillon said she would take the defense mistrial motion “under advisement.” However, the effort to pin down a coming week in which to continue the trial, which appears to currently be delayed for an unknown amount of time, seemed to indicate the judge preferred the alternative to declare a mistrial.

Prosecutor Welsh pointed out how close the trial likely is to being completed and handed over to the jury for deliberation. He noted the prosecution team had called 56 witnesses to the stand, with just one remaining to be called. He forecast that it now seemed the defense would call only one witness, with closing arguments possibly coming within two days. The defense witness list has been cited at two, with a third potentially to be added. The defendant is not anticipated to take the stand.

The initial motions hearing convened at 8:30 a.m. was recessed at 9:34 a.m. until 11 a.m. when the jury was instructed to report to court Tuesday. Reconvened at 11 a.m., the hearing was again closed for a time as the court queried jurors on their prospective plans for the coming weeks under consideration for restarting the trial without the current day-to-day uncertainty it would proceed. A time frame of two to six weeks was cited for reconvening the trial if a decision to suspend was reached. However, the prosecution wondered if additional relevant information might not be helpful in pinning down how soon a restart might be feasible. When Welsh proposed such input, possibly by subpoena, as early as the following day, Judge Dillon called that scenario “highly unlikely.” The court adjourned at 11:30 a.m. with no clear path forward apparent.

So, a decision on how this trial will proceed and when, and possibly even if it will proceed, is currently on hold pending additional information to be received by the court. And apparently, as noted in the above “Update” that information was received late Tuesday afternoon, September 26, with the trial now poised to resume on Monday, October 23, at 8:30 a.m.

As previously reported, after inheriting the case from two state prosecutors’ offices on August 25, 2021, a federal grand jury handed down 34 federal criminal indictments on a variety of charges, including bank fraud, wire fraud, money laundering, and aggravated identity theft against the former FR-WC EDA executive director.

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With the federal criminal prosecution of Jennifer McDonald again on hold, this time from Tuesday, September 19 through Friday, September 22, if not longer, due to what was described by the prosecution as an “unexpected health issue,” we decided to fill the gap with a recounting of earlier testimony this writer witnessed in the wake of his own testimony of Wednesday, September 13. As previously reported, McDonald is charged on 34 counts related to the Front Royal-Warren County Economic Development Authority (FR-WC EDA, EDA) “financial scandal,” as it has come to be known. Those charges include bank fraud, wire fraud, money laundering, and aggravated identity theft.

As reported in my lead story on my two days, September 12 and 13, in the 10th Western District of Virginia federal courthouse, among the other witnesses scheduled that day after my testimony was Larry Tuttle Sr. Tuttle identified himself as defendant Jennifer McDonald’s stepfather George Hassenplug’s cousin. He is a resident of Monroe, New York, he told the prosecution during direct examination. He also noted that he was last employed in 1993, before being in “a terrible car accident,” after which he has survived on Social Security disability benefits of about $1700 a month, he said in response to a direct examination question. Spending some time near Tuttle and what I believe was his wife in the courthouse third-floor hallway prior to either of our testimonies, I could see that he had some difficulty moving around, rising, and sitting back down.

The 10th Western District of Virginia federal courthouse in Harrisonburg, site of the again stalled criminal prosecution of Jennifer McDonald. Photo 10th Western District of Va. federal courthouse website.

As I watched his testimony following my own, the prosecution’s interest in Tuttle soon became apparent. He testified that as a favor to his cousin, George Hassenplug, he had signed some apparently partial real estate documents sent to him at his New York home during the time frame coinciding with some of the Jennifer McDonald real estate transactions that later came under legal scrutiny as allegedly involving misdirected EDA assets. Tuttle testified that while he knew who Jennifer McDonald was due to his cousin’s relationship with her by marriage to McDonald’s mother, that he did not know her personally and had never met her.

Asked if he was close to his cousin George Hassenplug, Tuttle replied that he “had been” from the 1990s to 2017 and that they had talked on the phone three to four times a week regularly during that period. Tuttle also testified that he didn’t own, nor was he invested in any property. As for real estate experience, he noted that he had a mortgage on a home prior to his accident.

Prosecution counsel asked Tuttle if he knew  William “Billy” Biggs or had ever discussed business opportunities with him. Biggs was a long-time Front Royal-Warren County Economic Development Authority Board of Directors member and treasurer during and prior to McDonald’s EDA executive directorship, circa 2008 to 2018. Tuttle replied “no” to both questions, the second one on the “business opportunities” query after a defense objection was overruled by Judge Elizabeth K. Dillon.

An early 2018 EDA board meeting, before suspicions arose about then EDA Executive Director Jennifer McDonald, center-facing camera, movement of EDA assets. EDA board Treasurer William “Billy” Biggs is seated, back to the camera at the far right. Monroe, New York resident Larry Tuttle Sr. testified that he didn’t know Biggs and had never discussed business opportunities with the EDA treasurer despite Tuttle’s name appearing on some financial documents suspected to have been involved in the movement of EDA assets. Royal Examiner File Photo Roger Bianchini

Tuttle was then asked a series of questions, many about loans apparently attributed to him involving real estate transactions involving the defendant. Had he ever loaned $3 million to facilitate a real estate transaction brought to him by his cousin? Tuttle laughed as he said, “No.”

Had he ever loaned $1.9 million to McDonald’s Da Boys LLC real estate company? This one drew a somewhat nasally laugh accompanying his “No” response, leading to an apology to the court for snort-laughing his answer, which drew some sympathetic laughter from the jury.

Tuttle was also shown a “Death Settlement Agreement” with his name on it — “I’ve never seen this before in my life,” he testified. Another “No” followed a question about a $1.75-million loan on mortgages.

If I heard correctly, Tuttle estimated he currently had $29 in his savings account, leading to his level of amusement at the financial questions being asked of him, particularly his loaning large amounts of money to facilitate real estate transactions.

Tuttle did say, however, that a portion of paperwork regarding a Buck Mountain Road transaction sent to him attracted his attention enough that he asked his cousin George Hassenplug if he should sign it. He said he was told that he shouldn’t worry, that “the deal will fall through in a couple of months.” Asked if he was involved in a $1.95-million loan related to that sale, he again replied, “No.” It might be recalled that the Buck Mountain Road transaction involved another witness that day in court, William Vaught Jr. That transaction saw the sale and repurchase of that property at an approximate $600,000 loss to the buyer in under a month, as the deal apparently did “fall through,” as predicted by George Hassenplug to his cousin.

William Vaught Jr.’s testimony indicated he was told that ITFederal principal Truc “Curt” Tran was initially involved in that projected purchase but had later backed out. It is believed that the Aggravated Identity Theft federal charge against McDonald involves Tran’s assertion his name was forged in documents related to this real estate transaction. This reporter did not see Tran’s testimony due to his status as a pending witness at the time of that testimony.

Back to Tuttle’s direct examination, he was asked if he had ever received money from Jennifer McDonald. “No,” came his now familiar reply. Had he received $560,000 related to a Rileyville Road transaction? Once again, the answer was “No”.

Asked about his signature on a $1.075-million loan, Tuttle replied that he did not believe it was his. He observed that he “wrote a lot neater” than the signature on the document. He added that it was possible it was his signature, but he doubted it and did not recall signing that document.

Near the end of his direct examination, Tuttle was asked if he’d ever received money for his willingness to put his signature on the documents sent to him by his cousin. “No,” he replied. How about “gifts?” came the follow-up question, to which he responded in the positive, citing what he estimated as a $10 T-shirt sent to him. That led to the prosecution’s introduction of Exhibit 534, a photo of that T-shirt which had “That’s Mr. Tuttle” and letters appearing to be “COTB.” Asked the meaning of the T-shirt lettering, Tuttle said he was told it meant “Taking Care Of Business or something to that effect.”

On a brief cross-examination, the defense raised the specter of a Little League baseball game he had attended at which he had been asked to leave by an umpire after questioning ball and strike calls involving a nephew. The “That’s Mr. Tuttle” on the T-shirt was a reference to his responding, “That’s Mr. Tuttle to you,” to the umpire, defense counsel asserted. Tuttle said he had been asked to leave the game but denied that he had responded, “That’s Mr. Tuttle to you,” to the umpire.

And with that and a brief re-direct examination to clarify a date on one of the documents shown him, Larry Tuttle Sr.’s turn at the plate, I mean on the witness stand, ended.

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(Writer’s Update: On Wednesday, Sept. 20, for the second consecutive day the federal criminal trial of former FR-WC EDA Executive Director Jennifer McDonald was cancelled. This time there was no hearing to discuss reasons or other procedural matters as there was the previous day. One might guess the cause was a continuation of the “unexpected health issue” or “unexpected circumstance” mentioned at hearing the previous day, as reported below. Further information will be reported as it becomes available. And in a later update, the trial has been cancelled for the rest of the week. It is scheduled to resume Monday, Sept. 25 at 8:30 a.m.)

With 10th Western District of Virginia Federal Court Judge Elizabeth K. Dillon’s 9:30 a.m. arrival, court was convened on schedule Tuesday, September 19, in the criminal trial of Jennifer McDonald related to the estimated $26-million Front Royal-Warren County Economic Development Authority (FR-WC EDA, EDA) “financial scandal,” circa 2014 to 2018. As has been reported, after inheriting the case from two state prosecutors offices on August 25, 2021, a federal grand jury handed down 34 federal criminal indictments on a variety of charges, including bank fraud, wire fraud, money laundering, and aggravated identity theft against the former EDA executive director. Those charges relate to the alleged unauthorized transfer of EDA assets to McDonald’s own personal benefit, as well as that of alleged co-conspirators.

But rather than starting the trial on the second day of a week in which it has been forecast the trial could be coming to a fairly rapid conclusion with closing arguments by weeks end, the judge was informed that an unanticipated issue would put the trial on hold that day.

An “unexpected health issue” was referenced by lead prosecutor Sean Welsh as the reason for what apparently will be a one-day delay of the trial. However, defense counsel told the judge that the jury had been told an “unexpected circumstance” would be the reason they would not be needed at court that day. It might be noted that the lone missing person at the prosecution or defense tables during this discussion appeared to be defendant Jennifer McDonald.

In the defendant and jury’s absence several procedural matters were broached for additional discussion. One was review of submitted jury instructions. Another was gaining defense approval of allowing a prosecution witness’s testimony that had been scheduled to be heard Tuesday, to be submitted alternately without the need of her returning the following day from her Virginia Beach home to testify. It was explained her testimony would be fairly brief and was to be introduced to allow a related piece of evidence to be admitted as a prosecution exhibit (why does that sound familiar?). A final matter discussed before court recessed was the possible addition of a third defense witness identified as “James Woods”.

Following the court recess this reporter and another present (see you tomorrow, Alex?) tried to place the name James Woods. All we could come up with was the actor. — Wouldn’t want to miss THAT testimony, “Woods” we?

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IN THE CIRCUIT COURT OF WARREN COUNTY, THE GRAND JURY CHARGES THAT:

TREVOR SUTPHIN

On or about April 18, 2023, in the County of Warren, Trevor James Sutphin did unlawfully and feloniously take, obtain, or withhold a credit card or credit card number from the person, possession, custody, or control of another without the cardholder’s consent, in violation of §18.2- 192 of the Code of Virginia, 1950, as amended. VCC: FRD-2360-F9

JEREMY CHAPMAN

On or about June 19, 2023, in the County of Warren, Jeremy Austin Chapman 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 such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person, in violation of §46.2-817 of the Code of Virginia, 1950, as amended. VCC: REC-6624-F6

CRYSTAL NOREEN

On or about December 18, 2022, in the County of Warren, Crystal Nicole Noreen did unlawfully and feloniously possess a Schedule I or II controlled substance in violation of Section 18.2-250 of the Code of Virginia, 1950, as amended. VCC: NAR- 3022-F5

CHRISTOPHER MCCAULEY

COUNT ONE: On or about July 25, 2023, in the County of Warren, Christopher Michael McCauley 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 TWO: On or about July 25, 2023, in the County of Warren, Christopher Michael McCauley 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

TOBY FINCHAM

On or about May 24, 2023, in the County of Warren, Toby Randall Fincham 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

ERIC JENKINS

COUNT ONE: On or about June 13, 2022, in the County of Warren, Eric Levi Jenkins did unlawfully and feloniously possess with intent to distribute a Schedule I or II controlled substance, to wit: Methamphetamine, 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 (C), of the Code of Virginia, 1950, as amended. VCC: NAR-3087-F9

COUNT TWO: On or about June 13, 2022, in the County of Warren, Eric Levi Jenkins did unlawfully and feloniously possess with intent to distribute a Schedule I or II controlled substance, to wit: Psilocyn, 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 (C), of the Code of Virginia, 1950, as amended. VCC: NAR-3087-F9

COUNT THREE: On or about February 6, 2023, in the County of Warren, Eric Levi Jenkins, while a prisoner in a state, local, or community correctional facility or in the custody of an employee thereof, made, procured, secreted, or possess a weapon capable of causing death or bodily injury, in violation of Section 53.1-203 of the Code of Virginia, 1950, as amended. VCC: PRI-3295-F6

TRINA TODD

On or about May 13, 2023, in the County of Warren, Trina Anne Todd 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

JEREMY RALSTON

On or about June 30, 2023, through July 4, 2023, in the County of Warren, Jeremy Allen Ralston did unlawfully and feloniously violate a protective order issued pursuant to § 16.1-279.1 by making contact prohibited in such order with a family or household member, the accused having previously committed two or more prior offenses of violating a protective order. The accused committed the instant offense within twenty years of the first conviction. Either the instant or one of the prior offenses was based on an act or threat of violence, in violation of § 16.1-253.2 of the Code of Virginia, 1950, as amended. VCC: PRT-5002-F6

NO PHOTO AVAILABLE

On or about April 17, 2023, in the County of Warren, Denise Danielle Roles 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

KENNETH HANNA

COUNT ONE: On or about October 17, 2022, in the County of Warren, Kenneth Wayne Hanna 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 TWO: On or about October 17, 2022, in the County of Warren, Kenneth Wayne Hanna did unlawfully and feloniously sell, give, or distribute or possess with the intent to sell, give, or distribute more than one ounce but not more than five pounds of Marijuana, in violation of §18.2-248.1 of the Code of Virginia, 1950, as amended. VCC: NAR-3032-F5

COUNT THREE: On or about October 17, 2022, in the County of Warren, Kenneth Wayne Hanna did unlawfully and feloniously maliciously cause bodily injury to Caitlin Silvis by means of any acid, lye, or other caustic substance or agent in violation of Section 18.2-52 of the Code of Virginia, 1950 as amended. VCC: ASL-1327-F9

COUNT FOUR: On or about October 17, 2022, in the County of Warren, Kenneth Wayne Hanna did unlawfully and feloniously possess a Schedule I or II controlled substance, in violation of Section 18.2-250, of the Code of Virginia, 1950, as amended. VCC: NAR-3022-F5

COUNT FIVE: On or about October 17, 2022, in the County of Warren, Kenneth Wayne Hanna did unlawfully and feloniously distribute a Schedule 1 or II controlled substance in violation of Section 18.2-248, of the Code of Virginia, 1950, as amended. VCC: NAR-3045-F9

COUNT SIX: On or about October 17, 2022, in the County of Warren, Kenneth Wayne Hanna did unlawfully and feloniously distribute 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

DOUGLAS HATCHER

COUNT ONE: On or about March 23, 2023, in the County of Warren, Douglas T. Hatcher did unlawfully and feloniously, while being over the age of eighteen or older, used 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 at least fifteen years of age but less than 18 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 her 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 at least 15 years of age but less than 18 years of age who was the subject of the solicitation, in violation of Section 18.2-374.3(D) of the Code of Virginia, 1950, as amended. VCC: OBS-3690-F5

COUNT TWO: On or about March 23, 2023, in the County of Warren, Douglas T. Hatcher did unlawfully and feloniously, while being over the age of eighteen or older, used 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 at least fifteen years of age but less than’18 year’s 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 her 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 at least 15 years of age but less than 18 years of age who was the subject of the solicitation, in violation of Section 18.2-374.3(D) of the Code of Virginia, 1950, as amended. VCC: QBS-3690-F5

MICHAEL SUTPHIN

COUNT ONE: On or about June 6, 2023, in the County of Warren, Michael Anthony Sutphin did unlawfully and feloniously impede the blood circulation or respiration of P.H. without such person’s consent by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in wounding or bodily injury, in violation of § 18.2-51.6 of the Code of Virginia, 1950, as amended. VCC: ASL-1347-F6

COUNT TWO: On or about June 6, 2023, in the County of Warren, Michael Anthony Sutphin did unlawfully and feloniously while being a parent, guardian, or a person responsible for the care of P.H., a child under 18 years of age, cause or permit serious injury to the life or health of such child by a willful act, omission, or refusal to provide necessary-tare, in violation of Section 18.2-371.1 of the Code of Virginia, 1950, as amended. VCC: FAM-3806-F4

ROBERT RILEY

COUNT ONE: On or about March 7, 2023, in the County of Warren, Robert Michael Riley did unlawfully and feloniously distribute 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

COUNT TWO: On or about March 7, 2023, in the County of Warren, Robert Michael Riley did unlawfully and feloniously distribute 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

COUNT THREE: On or about March 13, 2023, in the County of Warren, Robert Michael Riley did unlawfully and feloniously possess with intent to distribute a Schedule I or II controlled substance, in violation of Section 18.2-248 of the Code of Virginia, 1950, as amended. VCC: NAR-3043-F9

COUNT FOUR: On or about March 13, 2023, in the County of Warren, Robert Michael Riley did unlawfully and feloniously possess with intent to distribute a Schedule I or II controlled substance, in violation of Section 18.2-248 of the Code of Virginia, 1950, as amended. VCC: NAR-3043-F9

CARLTON WATSON

On or about June 24, 2023 in the County of Warren, Carlton Derek Watson did unlawfully and feloniously assault and batter Katherine Cook, a family or household member, after having been at least twice previously convicted of a combination of assault and battery, malicious or unlawful wounding in violation of Section 18.2-51, aggravated malicious wounding in violation of Section 18.2-51.2, malicious bodily injury by means of a substance in violation of Section 18.2- 52, strangulation in violation of Section 18.2-51.6, or an offense under the law of another jurisdiction which has the same elements of the preceding offenses. The accused committed the prior offenses against a family or household member within the past twenty years, with the offenses having occurred on different dates, in violation of Section 18.2-57.2 of the Code of Virginia (1950) as amended. VCC: ASL-1316-F6

JOHN LANDERS

On or about August 5, 2023, in the County of Warren, John Franklin Landers, II, did unlawfully and feloniously assault and batter Amira Pinson, 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

NO PHOTO AVAILABLE

On or about May 24, 2023, in the County of Warren, Amanda Hope Whittaker 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

JASON CLARY

COUNT ONE: On or about June 7, 2023, in the County of Warren, Jason Elliott Clary did unlawfully and feloniously drive or operate a motor vehicle while under the influence of alcohol, this being a third offense committed within five years of an offense under Section 18.2-266, in violation of Sections 18.2-266 and 18.2-270 of the Code of Virginia, 1950, as amended. VCC: DWI-54 50-F6

COUNT TWO: On or about June 7, 2023, in the County of Warren, Jason Elliott Clary did unlawfully and feloniously drive a motor vehicle while violating Section 18.2-36.1, 18.2-51.4, 18.2-266,
subsection A of Section 46.2-341.24, or a substantially similar local ordinance or law of another jurisdiction after having been previously convicted of a violation of Section 18.2-36.1, 18.2- 51.4, 18.2-266, subsection A of Section 46.2-341.24, or a substantially similar local ordinance or law of another jurisdiction The revocation of the license of the accused was based on a conviction of at least one offense committed after July 1, 1999, in violation of Section 46.2-391 of the Code of Virginia, 1950, as amended. VCC: LIC-6860-F9

COUNT THREE: On or about June 7, 2023, in the County of Warren, Jason Elliott Clary, while a prisoner in a local community correctional facility or in the custody of an employee thereof, did feloniously, unlawfully, and intentionally secrete or have in his possession a chemical compound which he has not lawfully received, in violation of Section 53.1-203 of the Code of Virginia, 1950, as amended. VCC: PRI-3260-F6

JOSEPH HEATH

COUNT ONE: On or about November 7, 2022, in the County of Warren, Joseph John Heath did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to wit: Methamphetamine 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 TWO: On or about November 7, 2022, in the County of Warren, Joseph John Heath did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to wit: Fentanyl 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

MICHAEL KENNEDY

On or about July 19, 2023, in the County of Warren, Michael Dale Kennedy, Jr., 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

JERRY BURACKER

COUNT ONE: On or about October 12, 2022, in the County of Warren, Jerry Wayne Buracker did unlawfully and feloniously forge, with the intent to defraud and to the prejudice of another’s rights, a draft or check, or any other writing, in violation of §18.2-172 of the Code of Virginia, 1950, as amended. VCC: FRD-2520-F5

COUNT TWO: On or about October 12, 2022, in the County of Warren, Jerry Wayne Buracker did unlawfully and feloniously utter or attempt to employ as true a check, knowing such document to be forged, in violation of § 18.2-172 of the Code of Virginia, 1950, as amended. VCC: FRD-2521-F5

AVERY WOOD

COUNT ONE: On or about November 16, 2022, in the County of Warren, Avery Miguel Wood did unlawfully and feloniously, while being a person eighteen (18) years of age or older, use a communications system for the purposes of soliciting with lascivious intent a person the accused knew or had reason to believe was a child less than fifteen 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 such child expose her sexual or genital parts to the accused, or propose to such child
the performance of sexual intercourse, or anal intercourse, cunnilingus, fellatio, or anilingus or any act constituting an offense under § 18.2-361. The accused is seven or more years older than the
child the accused knew or had reasons to believe was a child less than fifteen years of age who was the subject of the solicitation. This is a first offense in violation of Section 18.2-374.3(C)
of the Code of Virginia (1950), as amended. VCC: OBS-37Q2-F9

COUNT TWO:c On or about November 16, 2022, in the County of Warren, Avery Miguel Wood did unlawfully and feloniously, while being a person eighteen (18) years of age or older, use a communications system for the purposes of soliciting with lascivious intent a person the accused knew or had reason to believe was a child less than fifteen 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 such child expose his sexual or genital parts to the accused, or propose to such child
the performance of sexual intercourse, or anal intercourse, cunnilingus, fellatio, or anilingus or any act constituting an offense under § 18.2-361. The accused is seven or more years older than the
child the accused knew or had reasons to believe was a child less than fifteen years of age who was the subject of the solicitation. This being a second or subsequent offense in violation of Section
18.2-374.3(C) of the Code of Virginia (1950), as amended. VCC: OBS-37Q3-F9

COUNT THREE: On or about November 22, 2022, in the County of Warren, Avery Miguel Wood did unlawfully and feloniously and knowingly reproduce, sell, give away, distribute,
electronically transmit, display, purchase, or possess child pornography with intent to sell, give away, distribute, transmit, or display it, in violation of Section 18.2-374.1:1(C) of the Code of Virginia (1950), as amended. VCC: QBS-3680-F9

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Joint Law Enforcement Efforts Lead to Quick Arrest in Front Royal Assault Case.

In a series of swift developments starting Sunday, the Front Royal Police Department, with the assistance of several law enforcement agencies, apprehended a suspect involved in a grievous assault that left one individual critically injured.

The chain of events began on the evening of September 17, 2023, when officers responded to a distressing report of a break-in and assault on S. Marshall Street. Upon their arrival, they found a severely injured individual outside a home. The injuries were so grave that after an initial treatment at Warren Memorial Hospital, the victim was immediately transferred to Winchester Medical Center for emergency surgery.

The gravity of the situation was clear, and the Front Royal Police Department wasted no time in their investigation. Their efforts quickly bore fruit as they identified Anthony M. Stewart as the prime suspect. However, by the time this identification was made, Stewart had already fled the scene. Described as a 5’10” male with brown eyes and hair, Stewart’s last known address was in Front Royal, Virginia. With charges including aggravated malicious wounding, burglary, and violation of protective order provisions hanging over his head, the manhunt was intense.

Anthony M. Stewart Description: 5’10”, male, Brown Eyes, Brown Hair Address: Front Royal, Virginia Offenses: § 18.2-51.2. Aggravated malicious wounding. § 18.2-89. Burglary. § 16.1-253.2. Violation of provisions of protective orders.

A day after the incident, on September 18, the chase concluded. Stewart was detained by the combined efforts of the United States Marshals Service and the Martinsburg Police Department in Martinsburg, West Virginia. He was then placed in the custody of the Eastern Regional Jail. Presented before the magistrate, he was denied bond and is currently awaiting extradition back to Virginia. His court hearing for the said offenses is scheduled for October 12, 2023, at the Warren County Juvenile and Domestic Relations Court.

In their official statement, the Front Royal Police Department expressed its gratitude towards the Warren County Sheriff’s Office, Martinsburg Police Department, and the United States Marshals Service for their invaluable help in apprehending Stewart. Detective M.R. Ramey, who is leading the investigation, urges anyone with additional insights on the case to reach out at (540) 636-2208 or mramey@frontroyalva.com.

The swift and collective efforts of law enforcement showcase the community’s commitment to safety and justice. Such coordination and determination provide a clear message: those who threaten the peace and security of Front Royal residents will face the full force of the law.

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