Category: 2007 election

Bill Pickett (candidate, Board of Supervisors, I-Mattaponi District) wants to increase the gas tax?

CORRECTION: Bill Pickett NOT for gas tax increase

Apparently, from The Caroline Progress (print edition, August 22, 2007): Candidates for Board of Supervisors reveal their visions for Caroline County:

Pickett also said the county should look into raising revenues by a small increase in the tax on gas.

Really, a “small increase”? How much, exactly, is a “small increase”?

With all the gas sold at Carmel Church where numerous interstate travelers stop to refuel, a small increase in the gas tax would bring in needed revenue while having a minimal impact on county residents, he said.

“[A] minimal impact on county residents”? Don’t county residents buy gas in the county? The average cost of gas is already $2.64 in Virginia. How about talking about better spending money than raising taxes?

Do you want to be paying more for gas just because the Board of Supervisors can’t stop spending $17,460 per board member for their salaries (they’ve increased their salaries for at least five straight years [or as they call it “[n]o significant changes”]), or $100,000 on courthouse greenery, or $1,100,000 on a visitor center, or $3,200,000 on a community recreation facility?

Justice in Caroline? Nope, just nolle prosequis. Part 4, a trip down memory lane.

Since there was no court proceedings section in the August 15, 2007, edition of The Caroline Progress, I decided to go way back to the June 27, 2007, and July 4, 2007, editions.

From The Caroline Progress (print edition, June 27, 2007): General District Court-June 15 and 22 [emphasis mine throughout]:

Deonia Melissa Sue Donald, of Ruther Glen, was charged with felony prescription fraud from an incident on Nov. 15, 2006. The charge was nolle prosequi. A subsequent charge of failure to appear on the felony charge from Feb. 2 was also nolle prosequi. Two felony possession of controlled substance charges from the same incident were certified to grand jury. Donald was arrested by Caroline County Sheriff’s deputy [sic] DIP [sic] on the day of the incident and held in custody.

The Caroline Progress needs to do a little fact-checking before publishing. First, only one of the two controlled substance charges were certified; the other was nolle prosequi. Second, she was also charged with possession of marijuana, which was also nolle prosequi. Third, I believe she was only held in custody following her arrest on the failure to appear (which was later nolle prosequi). But anyway, a complete breakdown:

  • Deonia Melissa Sue Donald’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • September 6, 2007, Stafford County General District:
      • Pending – Driving on suspended license.
      • Pending – Failure to appear on misdemeanor.
      • Pending – Capias/Failure to appear.
      • Pending – Capias/Failure to comply pretrial.
    • June 15, 2007, Caroline County General District:
      • Nolle prosequi – Prescription fraud.
      • Nolle prosequi – Failure to appear on felony charge.
      • Nolle prosequi – Possession of controlled substance.
      • Grand Jury (Pending in Circuit Court, next hearing September 25, 2007) – Possession of controlled substance.
      • Nolle prosequi – Possession of marijuana.
    • March 8, 2007, Stafford County General District:
      • Guilty in absentia – Operating uninspected vehicle.
    • May 24, 2006, Caroline County General District:
      • Prepaid – Safety belt violation.

Jermaine Brown, of Ruther Glen, was charged with felony grand larceny from an incident on Feb. 20. He was arrested by Caroline County Sheriff’s Deputy Cecil on Feb. 21 and held in custody. The charge was nolle prosequi.

  • Jermaine Brown’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • October 12, 2007, Caroline County General District:
      • Pending – Possession of stolen goods.
      • Pending – Forged license plates.
    • August 10, 2007, Caroline County General District:
      • Guilty, appealing to Circuit Court – Assault
      • Guilty, appealing to Circuit Court – Assault
      • Guilty, appealing to Circuit Court – Disorderly Conduct
    • June 15, 2007, Caroline County General District:
      • Nolle prosequi – Grand larceny.

So Mr. Jermaine Brown was held in custody for 114 days, went through four hearings, just to have the charge nolle prosequi? How much did that cost the county? How about the other charges he has been convicted of (he is appealing them) and the ones he is charged with now?

Quinton W. Byrd, of Bowling Green, was charged with misdemeanor possession of concealed weapon from an incident on March 24. The charge was nolle prosequi.

The Caroline Progress leaves out the fact he was convicted of driving under the influence the same day. A drunk illegally carrying a concealed weapon? I guess that isn’t worth prosecuting. He was probably going to Bible study anyway.

  • Quinton W. Byrd’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 15, 2007, Caroline County General District:
      • Nolle prosequi – Concealed weapon.
      • Guilty – Driving under the influence.

Lashiba Cameo Budd, of Ruther Glen, was charged with misdemeanor shoplifting from an incident on April 2. The charge was nolle prosequi.

  • Lashiba Cameo Budd’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 22, 2007, Caroline County General District:
      • Nolle prosequi – Shoplifting.
    • September 30, 2005, Caroline County General District:
      • Nolle prosequi – Intent to sell controlled substance.
    • April 22, 2003, Stafford County General District:
      • Guilty in absentia – Driving on suspended license.
    • August 6, 2001, Caroline County General District:
      • Guilty – Cursing abuse.

From The Caroline Progress (print edition, July 4, 2007): Circuit Court-Month of June [emphasis mine throughout]:

Kenneth W. Derricotte, of Ruther Glen, was charged with felony possession of crack cocaine from a March 28, 2006 incident. The charge was nolle prosequi.

  • Kenneth W. Derricotte’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 20, 2007, Caroline County Circuit Court:
      • Nolle prosequi – Possession of crack cocaine.
    • February 16, 2007, Caroline County General District:
      • Nolle prosequi – Shoplifting.
      • Guilty – Failure to appear on misdemeanor charge.
    • June 30, 2006, Caroline County General District:
      • Guilty – Drunk in public.
    • January 21, 2004 Caroline County General District:
      • Guilty – Shoplifting.

Benjamin Garlick, of Bowling Green, was charged with felony distribution of cocaine from an Oct. 13, 2006 incident. He was arrested on April 16, 2007 following a direct indictment by Caroline County grand jury. The charged was nolle prosequi. Another felony distribution of cocaine charge against Garlick was continued to Aug. 14.

  • Benjamin Garlick’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • August 14, 2007, Caroline County Circuit Court:
      • Guilty – Distribution of cocaine.
    • June 20, 2007, Caroline County Circuit Court:
      • Nolle prosequi – Distribution of cocaine.
    • May 20, 2003, Fredericksburg General District:
      • Guilty – Entering property with intent to damage.
    • May 10, 2001, Caroline County General District:
      • Guilty – No valid operator’s license.

Angela Latney, of Bowling Green, was charged with felony distribution of cocaine from an Oct. 19, 2005 incident. She was arrested on April 16, 2007 following a direct indictment by Caroline County grand jury. The charge was nolle prosequi. Two other charges against Latney of felony distribution of cocaine were continued to July 24.

  • Angela Latney’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • July 24, 2007, Caroline County Circuit Court:
      • Guilty – Distribution of cocaine.
      • Guilty – Distribution of cocaine.
    • June 20, 2007, Caroline County Circuit Court:
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.

Michael Freeman, of Ruther Glen, was charged with five counts of felony distribution of cocaine from 2005. He was arrested on Jan. 9, 2007 following a direct indictment by Caroline County grand jury. Four of the charges were nolle prosequi. He was found guilty of one count of distribution of cocaine following a bench trial on June 26 and sentenced to five years with four years and three months suspended.

  • Michael Freeman’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 26, 2007, Caroline County Circuit Court:
      • Guilty – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.

James Laplante, of Ruther Glen, was charged with six counts of felony distribution of cocaine from late 2005 and early 2006. He was arrested on Jan. 9, 2007 following a direct indictment by Caroline County grand jury. Five of the charges were nolle prosequi. He was found guilty of one count of distribution of cocaine following a bench trial on June 26. He was sentenced to five years with four years and three months suspended.

  • James Laplante’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 26, 2007, Caroline County Circuit Court:
      • Guilty – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
    • January 23, 2007, Hanover County General District:
      • Guilty – Identify fraud.
      • Guilty – Public swearing or intoxication.
      • Guilty – Reckless driving.
    • January 20, 2004, Hanover County General District:
      • Guilty in absentia – Operating vehicle with expired rejection sticker.

Julio Castellon, of Bowling Green, was charged with seven counts of felony distribution of cocaine from early 2007. He was arrested on May 14 following a direct indictment by Caroline County grand jury. Four the charges were nolle prosequi. The other three were continued for a bench trial on Aug. 14.

He wasn’t charged with seven counts of distribution of cocaine; he was charged with five counts of distribution of cocaine, possession of marijuana with the intent to distribute, and possessing a firearm while possessing cocaine, but anyway:

  • Julio Castellon’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • August 24, 2007, Caroline County General District:
      • Pending – Possession of Schedule I/II drug with intent to distribute.
      • Pending – Capias – Failure to comply pretrial/arraignment.
    • August 14, 2007, Caroline County Circuit Court:
      • Guilty – Distribution of cocaine.
      • Guilty – Distribution of cocaine.
      • Guilty – Distribution of cocaine.
    • July 6, 2007, Caroline County General District:
      • Guilty – Possession of marijuana.
    • June 26, 2007, Caroline County Circuit Court:
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Possession of marijuana with intent to distribute.
      • Nolle prosequi – Possessing firearm while possessing cocaine.
    • January 5, 2007, Caroline County General District:
      • Guilty – No driver’s license.
      • Prepaid – Defective equipment.
    • April 26, 2006, Caroline County General District:
      • Guilty – No driver’s license.

From The Caroline Progress (print edition, July 4, 2007): General District Court-June 29 [emphasis mine throughout]:

Mark Edward Powell, of Ruther Glen, was charged with unauthorized use of a vehicle from an incident on Jan. 21. The charge was nolle prosequi.

  • Mark Edward Powell’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • August 24, 2007, Caroline County General District:
      • Pending – Hit and run.
      • Pending – Habitual offender.
      • Pending – Reckless Driving.
    • June 29, 2007, Caroline County General District:
      • Nolle prosequi – Unauthorized use of vehicle.
      • Guilty – Petit larceny – vehicle/parts.
    • September 15, 2006, Spotsylvania County General District:
      • Prepaid – Failure to obey no wake zone.
    • March 18, 2005, Caroline County General District:
      • Guilty – Possession of marijuana.
      • Nolle prosequi – Possession of a controlled substance.
      • Nolle prosequi – Drunk in public.
    • February 5, 2004, Fredericksburg General District:
      • Guilty – Shoplifting, second offense.
    • January 8, 2004, Spotsylvania County General District:
      • Guilty – Failure to comply with VASAP.
    • August 21, 2003, Spotsylvania County General District:
      • Guilty – Failure to appear on misdemeanor.
      • Guilty – Driving while intoxicated, second offense.
    • April 13, 2001, Caroline County General District:
      • Guilty – Driving on suspended license.
      • Nolle prosequi – Defective equipment.
    • February 8, 2000, Fredericksburg General District:
      • Guilty – Petit larceny.
    • December 27, 1999, Spotsylvania County General District:
      • Guilty – Drunk in public.
    • January 22, 1999, Caroline County General District:
      • Guilty – Driving on suspended license.
      • Guilty – Failure to appear.
      • Nolle prosequi – Failure to report accident.
      • Nolle prosequi – Reckless driving.

Anthony J. Stewart, of Ruther Glen, was charged with two felony counts of possession of controlled substance from an incident on March 18. One charge was nolle prosequi. The other was certified to grand jury.

  • Anthony J. Stewart’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 29, 2007, Caroline County General District:
      • Grand jury – Possession of a controlled substance.
      • Nolle prosequi – Possession of a controlled substance.
      • Nolle prosequi – Possession of marijuana.
    • August 6, 2006, Caroline County General District:
      • Guilty in absentia – 79/55 reckless driving.
    • September 21, 1999, Stafford County General District:
      • Fugitive file – Driving after being declared a habitual offender.
      • Fugitive file – Failure to appear.
      • Fugitive file – Possession of marijuana.
      • Fugitive file – Defective equipment.
      • Fugitive file – Seat belt violation.
    • June 14, 1999, Spotsylvania County General District:
      • Guilty – Possession of marijuana.
    • February 16, 1999, Spotsylvania County General District:
      • Guilty – Trespassing.
    • January 25, 1999, Fredericksburg Circuit:
      • Guilty – Driving suspended, second offense.
    • November 10, 1998, Fredericksburg General District:
      • Guilty – Running red light.
    • February 3, 1998, Spotsylvania County General District:
      • Guilty – Speeding 60/45.

Timothy Thomas Gaumer, of Woodford, was charged with misdemeanor use of obscene language and misdemeanor assault from an incident on June 4. Both charges were nolle prosequi.

  • Timothy Thomas Gaumer’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 29, 2007, Caroline County General District:
      • Nolle prosequi – Obscene language.
      • Nolle prosequi – Assault.
    • July 18, 2005, Fredericksburg Circuit:
      • Sentence/Probation revoked – Violation of parole.
    • November 17, 2004, Caroline County Circuit:
      • Guilty – Assault.
      • Guilty – Malicious wounding.
    • July 17, 2000, Fredericksburg Circuit:
      • Guilty – Attempted robbery.
      • Guilty – Assault and battery.
    • January 21, 2000, Stafford County General District:
      • Guilty – Defrauding innkeeper.
    • November 18, 1999, Fredericksburg General District:
      • Guilty – Open burning.
      • Guilty – Drunk in public.
    • November 9, 1999, Fredericksburg General District:
      • Guilty – Trespassing.
    • September 16, 1999, Fredericksburg General District:
      • Guilty – Trespassing.
      • Guilty – Drinking in public.
    • August 19, 1999, Fredericksburg General District:
      • Guilty in absentia – Possessing alcohol on riverbank.
      • Guilty in absentia – Drinking in public.
      • Guilty in absentia – Drinking in public.
    • July 13, 1999, Fredericksburg General District:
      • Guilty – Petit larceny.
    • July 12, 1999, Spotsylvania County General District:
      • Guilty in absentia – Drunk in public.
    • April 21, 1999, Caroline County General District:
      • Guilty in absentia – Failure to use seatbelt.
    • December 11, 1998, Caroline County General District:
      • Nolle prosequi – Abduction.
    • October 21, 1998, Caroline County General District:
      • Guilty – Obstruction of justice.
    • January 17, 1997, Caroline County General District:
      • Guilty – Failure to appear.

Laura Lee Whittemore, of Corbin, was charged with misdemeanor damaging property from an incident on June 4. The charge was nolle prosequi.

  • Laura Lee Whittemore’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • June 29, 2007, Caroline County General District:
      • Nolle prosequi – Damaging property.
    • June 22, 2007, Caroline County General District:
      • Guilty – Driving while suspended.
      • Guilty – Operating uninspected vehicle.
    • June 11, 2007, Spotsylvania County General District:
      • Guilty – Driving on suspended license.
    • April 21, 2006, Caroline County General District:
      • Guilty – Driving on suspended license.
      • Guilty – No registration card.
      • Guilty – 70/55 speeding.
    • March 15, 2004, Spotsylvania County General District:
      • Guilty – Driving while suspended.
      • Guilty – Failure to appear on misdemeanor.
    • January 25, 2001, Spotsylvania County General District:
      • Guilty in absentia – Driving while operator’s license suspended.
      • Guilty in absentia – Show cause, failure to appear on misdemeanor.
      • Guilty in absentia – Failure to secure child under the age of 16 with seatbelt.
    • April 1, 1999, Spotsylvania County General District:
      • Guilty in absentia – Operating vehicle without license.
    • November 13, 1998, Stafford County General District:
      • Guilty in absentia – No valid operator’s license.

Gregory Leroy Boone, of Woodford, was charged with drinking while driving. The charge was nolle prosequi.

  • Gregory Leroy Boone’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • September 21, 2007, Caroline County General District:
      • Pending – Revocation of suspended sentence.
    • June 29, 2007, Caroline County General District:
      • Nolle prosequi – Drinking while driving
      • Guilty – Driving while intoxicated, second offense within five years.
      • Guilty – Driving after forfeiture of license.
    • April 7, 2006, Caroline County General District:
      • Guilty – Second driving under the influence.
      • Guilty – 56/45 speeding.
    • May 24, 2001, Spotsylvania County General District:
      • Guilty – Expired registration.
    • May 28, 1998, Spotsylvania County General District:
      • Guilty – Improper driving.

NOTE: (For the criminal histories, I only checked Caroline, Hanover, King George, Spotsylvania, and Stafford counties, as well as the city of Fredericksburg.)

This is rich…

From The Caroline Progress (print edition, August 15, 2007) [emphasis mine]:

To the Editor:

This is to inform the public that the debate held on Monday for candidates seeking election to the Board of Supervisors will not be attended by Damon Gray, Sr. because of prior commitments. Also I feel it would be a conflict of interest because of my being a contractor in the county.

I have been asked by a member of the Caroline Democratic Committee to attend a meeting on Sat., Aug. 18, at 10 a.m., being held at Aunt Sarah’s Pancake House. The purpose is to ask for support from the Democratic Party since I am a registered Democrat.

Thanks for the support you, the public, have shown me. I can be reached at (804) 633-4200 anytime for anyone who may wish to contact me.

-Damon L. Gray, Sr.

If he’s a registered Democrat, why didn’t he run as a Democrat, instead of running as an independent? Do you see Jeff Sili or Bobby Popowicz running as independents?

Of course, honesty doesn’t appear to be one of Mr. Gray’s strong suits, from The Caroline Progress, Almost every supervisor seat contested [emphasis mine]:

Election newcomer Damon Gray, who is seeking the Bowling Green District seat left vacant by retiring incumbent Bob Farmer, recently answered questions about two prior misdemeanor convictions.

Gray, 55, is running as an independent candidate against Republican Jeff Sili and Independent George Spaulding. Gray said he decided to seek election because he wants to make a change.

He said that the people who know him know that he’s a trustworthy person.

“I have nothing to hide,” he said. “I’m an upstanding member of the community.”

The conviction for possession of marijuana came in December 2001, after allegations were made that Gray brought illegal substances onto Fort A.P. Hill, where his contractor’s company was doing work for the 2001 Boy Scout Jamboree. A concurrent felony charge of possession of controlled substance was nolle prosequi.

Gray, who was also convicted in January of this year of misdemeanor spotlighting a deer by firearm, said that he does not think the convictions should have any impact on the campaign.

“I’d rather it stay in the past, but the people who know me will support me,” he said.

Yeah, I bet, a 55 year-old caught with marijuana and who likes to spotlight deer. I guess some people never grow up.

Nice to see where your money is going…

Can someone explain to me why the Caroline County Board of Supervisors decided to use proffer money, money that is required from housing developers for roads, schools, and public safety, on a visitor center?

$1,100,000 of money that is supposed to go to roads, schools, and public safety, and it goes to a visitor center? What the hell is going on here?

Meanwhile, fire/EMS and the sheriff’s office can’t get a public safety building and they’re told to “rehabilitate existing facilities”; with what money?

Things that $1,100,000 could have been spent on:

  • The pay for approximately twenty-two (22) full-time deputies or full-time fire/EMS personnel for one year.
  • The technology plan for schools for the next eleven years.
  • The technology plan for planning and community development with $108,866 left over.
  • A new animal shelter with $350,000 left over.
  • 78.57% of the money for renovations requested by the Frog Level Volunteer Fire Department/Rescue Squad.
  • 69.33% of the money for the structure and equipment for a Carmel Church Fire/Rescue Squad, including a fire truck, an ambulance, and equipment.
  • 27.5% of the money for a Public Safety Building, requested by Fire/EMS and the sheriff’s office.
  • 22.92% of the money for a new radio system requested by the sheriff’s office (it’s hard to do your job when your radio doesn’t work in half the county).
  • 5.34% for a new school in Bowling Green.
  • 5.09% for a Milford Elementary School.

But apparently, the Board of Supervisors and Percy Ashcraft have bigger concerns than the education and safety of the county’s residents.

Sources:
Percy Ashcraft’s Letter to the Editor
Proffers Fund for the 2007-2008 fiscal year budget

Lookie what I found…

From Virginia Lawyers Weekly (November 6, 2006)pdficon_small [emphasis mine throughout]:

Accountings for the estate of Florence C. Williams by executor Harvey Latney Jr. were past due, so Richmond Commissioner of Accounts Richard C. Manson Jr. began writing letters and calling Latney.

After more than a year of such efforts, including threats to report him to the Virginia State Bar, Manson finally had Latney summoned to Richmond Circuit Court on Oct. 16.

He didn’t appear, an astonishing development to Manson.

Latney is the commonwealth’s attorney in Caroline County, a part-time job because of the county’s small population. He also has an office in Richmond, from which he conducts a general practice that includes real estate closings and administration of estates, so Manson was familiar with him and his usual diligence.

Judge Richard D. Taylor Jr. was presiding that day in the absence of Judge Margaret P. Spencer, who typically handles matters brought by Manson.

Manson told Taylor that he knew Latney to be reliable and asked the judge to continue the case to Oct. 19, so that he could find out what was behind his absence.

By apparent coincidence, Latney’s secretary of 27 years was seriously injured in an automobile wreck in Caroline County that same day.

Manson reached Latney the next day and asked why he had not reacted to the summons. Latney responded that his secretary had told him that she had spoken with Manson and Judge Spencer and that he did not need to appear.

Manson asked Latney why he had not reacted to the 25 or more telephone messages and five letters that Manson had sent in the previous three months. What phone calls? What letters? Latney responded.

Manson said he became very suspicious at this point, especially because the secretary had mentioned Judge Spencer as the judge who was handling the case, when Taylor was acting in her stead.

He advised Latney to check the bank account for the estate.

Latney found that about $185,000 appeared to be missing. He resigned as executor and has been replaced by Greer P. Jackson Jr. An audit of his office accounts is underway.

At a brief court proceeding last week, Manson told Judge Spencer that the money has been taken out of the estate, “apparently by Mr. Latney’s secretary… “There’s no question that the money is out of the estate and needs to be put back,” Manson said.

Deputy Commonwealth’s Attorney Matthew P. Geary said his office was advised of the circumstances about a week before the hearing. He attended the hearing and said the matter has been turned over to Richmond police for investigation.

Spencer continued the matter until Dec. 11 to give Jackson an opportunity to review the estate and the auditors of Latney’s accounts time to complete their work.

One family member said they understood that Latney was responsible for returning the money to the estate, but he said they wanted to know how the process of administering the estate and reviewing that administration had broken down. Ms. Williams died in May 2002.

Spencer said she expected answers to that question at the hearing.

I’m guessing the phrase “equal protection” doesn’t mean anything to you… Part 11, the Lawyer Full Employment Act

As mentioned by a lawyer previously, it’s the Lawyer Full Employment Act.

From The Washington Post: Armed With Checkbooks and Excuses, First Casualties of Va. Fees Go to Court [emphasis mine]:

Those lucky enough to live out of state or to have been pulled over before the fees went into effect July 1 — the “magic date,” as one judge called it — escaped the penalties, as did many who hired attorneys who were able to argue for lesser charges or continuances.

[…]

Norquest, who works for Fairfax County Family Services, also said she did not see the point of hiring a lawyer at a cost of hundreds or thousands of dollars. “You’re either paying for one or you’re paying for the other,” she said.

For those who didn’t know, Delegate David B. Albo (R-Fairfax), one of the sponsors of the bill, is a lawyer, and co-founder of a law firm that specializes in the defense of traffic offenses. No conflict of interest there, eh?

Hat tip: Matt “threat to democracy” Drudge

I’m guessing the phrase “equal protection” doesn’t mean anything to you… Part 10, the pièce de résistance

From the AP via NBC 4 in Washington, D.C.: Va. Driver Fees Snag Woman In Labor [emphasis mine]:

Jessica Hodges was on her way to the hospital with labor pains when she got stopped for speeding. She thought she had a pretty good excuse, but the law didn’t see it that way.

The 26-year-old bank teller from Hodges became one of the first people slapped with Virginia’s new “abusive driver” fees. She was ordered to pay $1,050 on top of a $100 fine and court costs.

The new fees were passed by the General Assembly in the spring as part of a package aimed at funding transportation projects. The idea was to raise money by targeting those who commit severe traffic offenses.

But the fees have sparked widespread outrage.

Hodges said she has no regrets about speeding on July 3. She said having a baby is more important than staying within the speed limit.

Her labor pains that day turned out to be a false alarm, and daughter Alessandra was born July 19.

Let’s see, a woman having labor pains gets a reckless driving ticket for going 57 mph in a 35 mph zone, along with failure to report a change of address for her operator’s license, gets $188 in fines and court costs, and has to pay $1,050 in “abusive driver’s fee”.

Damn fine job there, Officer (or Deputy, or Trooper) J. R. Vesper, damn fine job Fairfax County Police Department (or Sheriff’s Office, or Virginia State Police), and damn fine job Virginia General Assembly.

Justice in Caroline? Nope, just nolle prosequis. Part 3, a two-week roundup.

Previous posts:

NOTE: There was no court proceedings section in the July 25, 2007 edition of The Caroline Progress.

From The Caroline Progress (August 1, 2007 print edition): General District Court–July 27 [emphasis mine throughout]:

Clyde Dwain Jett, of Woodford, is charged with felony possession of firearm by a felon. He was arrested on Oct. 27, 2006 by Caroline County Deputy S.L. Cary and held in custody. Following a disposition hearing on July 27, the charge was nolle prosequi.

  • Clyde Dwain Jett’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • July 27, 2007, Caroline County General District:
      • Nolle prosequi – Possession or transport of a firearm by a convicted felon.
    • June 30, 2006, Caroline County General District:
      • Guilty – Petit Larceny.
    • May 31, 2006, Fredericksburg Circuit:
      • Guilty – Possession of cocaine.
    • May 4, 2006, Fredericksburg General District:
      • Guilty – Driving under the influence.
      • Guilty – Failure to appear.
    • March 2, 2006, Fredericksburg General District:
      • Guilty – Obstructing justice.
    • November 11, 2005, Spotsylvania County General District:
      • Guilty – Brandishing firearm.

Apparently, a felon possessing a firearm isn’t an important case for Harvey Latney. And if there was a problem with the case, search, or evidence, why did it take four hearings to figure it out? Meanwhile, the suspect is sitting in jail for 273 days awaiting trial. I wonder how much that cost to feed, house, and clothe the suspect for his stay at Pamunkey Regional Jail.

From The Caroline Progress (August 1, 2007 print edition): Circuit Court–July 24 [emphasis mine throughout]:

Montreal J. Robinson, of no known address, was found guilty of felony distribution of cocaine from an incident on Jan. 19, 1006 [sic]. He was arrested on Jan. 9, 2007 following a direct indictment by Caroline County Grand Jury. He was sentenced to five years with three years and 10 months suspended. Two additional distribution charges from separate incidents on Sept. 26 and 29, 2005 were nolle prosequi.

  • Montreal Javon Robinson’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • July 24, 2007, Caroline County Circuit:
      • Guilty – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
      • Nolle prosequi – Distribution of cocaine.
    • February 2, 2007, Caroline County General District:
      • Nolle prosequi – Forgery.
      • Nolle prosequi – Failure to appear on felony charge.
      • Nolle prosequi – Forgery.
      • Nolle prosequi – False statements.

From The Caroline Progress (August 8, 2007 print edition): General District Court–Aug. 3 [emphasis mine throughout]:

Tyrone Lee Jackson, of Ruther Glen, was charged with felony malicious bodily injury from an incident on March 6. He was arrested on March 13 by Caroline County Sheriff’s Deputy Ketchem and held in custody. Following a preliminary hearing, the charge was nolle prosequi.

  • Tyrone Lee Jackson’s partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics):
    • August 3, 2007, Caroline County General District:
      • Nolle prosequi – Malicious bodily injury.
    • May 27, 2005, Caroline County General District:
      • Guilty – Obscene language.
      • Guilty – Open container.
      • Guilty – Driving under the influence.
      • Nolle prosequi – Drinking while driving.

Let’s see, so that’s 143 days and five hearings that he sat in Pamunkey Regional Jail for; being housed, fed, and clothed, just to have the charge nolle prosequied. I wonder how much that cost.

Brandon Matthew Zagora, of Ruther Glen, is charged with two counts of felony grand larceny from an incident on May 27. He was arrested on May 28 by Caroline County Sheriff’s Deputy Grimes and held in custody. The charged were certified to Caroline County Grand Jury. Zagora was also charged with felony possession of stolen goods, but following the preliminary hearing, that charge was nolle prosequi.

Phyllis D. Washington, of Bowling Green, faced a charge of felony larceny for writing a bad check for more than $200. The offense allegedly occurred on March 7, 2005 and Washington was arrested on July 3, 2007 and released on recognizance. Following a preliminary hearing, the charge was nolle prosequi.

Sources:

NOTE: (For the criminal histories, I only checked Caroline, Hanover, King George, Spotsylvania, and Stafford counties, as well as the city of Fredericksburg.)

I’m guessing the phrase “equal protection” doesn’t mean anything to you… Part 9

From NBC 4 in Washington, D.C.: Abusive Driver Fees Face Tough Opposition [emphasis mine]:

A Navy veteran who was ticketed for reckless driving on his way to reserve duty at the Pentagon is suing state of Virginia over its abuser fee program.

Charles Mason is asking an Arlington General District Court judge to declare the civil remedial fees unconstitutional. The fees ranging from $750 to $3,000 for various serious driving offenses were enacted as a funding source for new transportation projects.

Courts in Henrico County and Richmond have already ruled the fees unconstitutional, but the rulings apply only in those jurisdictions.

Mason was stopped July 8 on Interstate 395 for driving 20 miles an hour over the speed limit. He faces a $1,050 civil remedial fee if convicted of reckless driving.

Mason has a clean driving record and no criminal record. One state lawmaker said that had Mason contested the ticket in court, he wouldn’t be convicted of reckless driving.

He shouldn’t have to contest it in court, you weasel (who they don’t even bother naming).

[…]

Defense attorney Craig Cooley argues that legislators had no rational basis for exempting out-of-state drivers from paying fees as high as $3,000. The fees are assessed on Virginia drivers only, in addition to fines and possible jail time.

Prosecutors, however, argue lawmakers did have a rationale for passing the legislation this year. Assistant Commonwealth’s Attorney Duncan Reid says Virginians use their roads more than non-residents, they benefit more from the roads and it’s impractical or almost impossible to collect the new fees from non-residents.

Wait a second, I thought the fees were designed to stop bad driving, and that it was impossible (not “almost impossible”) to collect on out of state drivers?

Can you please make up your mind on what lie you’re going to use?

Virginia state Sen. Edd Houck said he wants the state’s new abusive driver fee laws to be stopped and refunds be paid to those who paid any portion of a fee.

[…]

Houck will introduce the repeal bill in the 2008 session or in special session, if one is called.

At least someone is offering to do something to fix this and not BS around.

What a bunch of cowards/sell outs.

From the AP via Fredericksburg.com: Kaine alliance with GOP leaders strained as 2nd court voids fees [emphasis mine]:

A second Virginia court ruled new surcharges on bad drivers unconstitutional Friday because nonresidents don’t pay them.

At the same time, cracks began to show in a high-level bipartisan alliance that has defended the law against a statewide public outcry against it.

One day after a judge in Henrico County became the first to rule that the out-of-state exemption violates the 14th Amendment guarantee of equal protection under the law, a Richmond General District Court did the same.

The decisions are binding only in the two localities, and appeals of both decisions are pending in circuit courts next week. More constitutional challenges are expected to be filed in other localities next week.

[…]

With the law under attack in court, strains became evident within the rare alliance between Democratic Gov. Timothy M. Kaine and Republican legislative leaders in support of the transportation funding law.

Kaine appeared last month with House Speaker William J. Howell and other top House and Senate Republicans in a bipartisan show of unity for the law amid growing calls for its immediate repeal. In defending the embattled law, the governor and the GOP leaders called it a product of bipartisan compromise.

Since then, Kaine has publicly discussed the prospect of reimbursement for people who have paid the fees when lawmakers consider the law’s flaws after the 2008 General Assembly convenes in January.

Howell, in a three-paragraph statement issued Thursday in response to the Henrico court ruling, labeled the unpopular nonresident exemption “the Gov.’s amendment.”

The same day, his office sent e-mails to House Republicans offering guidance on how to pen letters to newspaper editors in which they defend the law by noting in part that “… Gov. Kaine amended the legislation by removing out-of-state drivers from the abusive driver fees.”

The Associated Press obtained a copy of the memo containing the drafts.

Publicly, each side denied targeting the other for blame or that their statements mean they are any less confident in the measure.

“We’re talking back-and-forth. There’s no distancing from them (the governor’s office) on those points,” said G. Paul Nardo, the speaker’s chief adviser.

Kaine and Howell remain united in opposing a special legislative session to remedy or repeal the fees and prefer to address the problems next year, said Kaine’s press secretary, Kevin Hall.

The wording of Howell’s statement on Thursday, however, was not lost on Kaine or his advisers.

“You can call it whatever you want. It was a bipartisan effort,” Hall said.

But with elections for all 140 House and Senate seats just three months away and GOP legislative control at stake, both acknowledged partisan interpretations are inevitable.

“It’s the miserable, hot summer of an election year,” Hall lamented.

Nardo said the letters-to-the-editor templates for House GOP Caucus members and their supporters was intended to counter attacks from House Democratic leaders Brian J. Moran and Ward L. Armstrong who are blaming Howell, who was the bill’s sponsor, and the GOP for the law.

“They had 87 percent of (House) Democrats supporting the fees in April, and now they’re speaking out against it?” Nardo said. “The point was to remind all these people of who voted for it.

“This is a political year and we have political pressures,” he said.

The fees are part of the nearly $1 billion-a-year transportation funding package passed this year. The package, containing increases in some annual fees and regional tax increases in northern Virginia and Hampton Roads, was the initiative of House and Senate Republicans. The bill was sent to Kaine in February on a 64-34 vote in the House with 28 of the 40 House Democrats voting no.

Kaine rewrote the bill and, in the process, deleted a 14-word clause that imposed the fee on nonresidents. Kaine and GOP leaders agreed the fees could not be enforced outside Virginia. In April, legislators overwhelmingly approved Kaine’s amendments, with only five Democrats voting no.

Why is it, that you are now blaming Kaine for the bill when you voted for it repeatedly? Why is it, that you still refuse to support a special session to fix the problem and want to blame it on Kaine? As much I like to blame Kaine for this, you are the heads of the legislature and you refuse to do anything about it.

Have fun in November. Hope that “bipartisan compromise” was worth it.