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Justice in Caroline? Nope, just nolle prosequis. Part 2 AKA Latney fiddles while Caroline burns…

I previously quoted this week’s edition of The Caroline Progress regarding the various nolle prosequis [Latin for “not to wish to prosecute”] by Commonwealth’s Attorney Harvey Latney, Jr., Esq., well it gets even better when you check out the background of the people that Mr. Latney, Esq., wishes not to prosecute (nolle prosequi by Latney in italics, felonies in bold [note: this is just Caroline County, Virginia unless otherwise noted {photo credit: Caroline County Sheriff’s Office and Delaware Criminal Justice Information System – Online Wanted Person Review}]):

Eric Childs:
- July 10, 2007:
  - Pleaded guilty – Distribution of cocaine.
  - Pleaded guilty – Distribution of cocaine.
  - Nolle prosequi – Distribution of cocaine.
  - Nolle prosequi – Distribution of cocaine.
- March 26, 2006:
  - Guilty – Possession/distribution of controlled paraphernalia.
- February 8, 2006:
  - Guilty in absentia – Drunk in public.
- May 27, 2005:
  - Guilty – Petit larceny.
- May 31, 1998:
  - Guilty in absentia – Drunk in public.
Paul Ferguson:
- August 24, 2007:
  - Pending – Failure to appear on felony charge.
  - Pending – Possession of cocaine.
  - Pending – Driving on suspended.
- July 10, 2007:
  - Nolle prosequi – Credit card fraud.
- April 6, 2007:
  - Guilty – Failure to appear on felony charge.
  - Guilty – Driving on suspended.
  - Guilty – Seat belt violation.
- February 2, 2007:
  - Guilty in absentia – Driving under revoked/suspended license.
  - Guilty in absentia – Failure to appear on driving suspended.
  - Guilty in absentia – Safety beat violation.
- July 19, 2006:
  - Guilty in absentia – Expired state inspection.
  - Guilty in absentia – Seat belt violation.
  - Guilty in absentia – No operation license in possession.
- June 25, 2003:
  - Prepaid – 62/45 speeding.
- July 3, 2002:
  - Prepaid – 74/55 speeding.
Saleem Stevens:
- July 10, 2007:
  - Nolle Prosequi – Possession of a controlled substance.
- June 24, 2005:
  - Nolle prosequi – Possession of Schedule I/II drugs.
  - Nolle prosequi – Distribution of Schedule I/II drugs.
  - Nolle prosequi – Possession of a controlled substance.
  - Nolle prosequi – Conspiracy to violate drug act.
  - Nolle prosequi – Possession of substance with firearm.
  - Nolle prosequi – Possession of cocaine.
  - Nolle prosequi – Possession of ecstacy [sic].
  - Nolle prosequi – Possession of heroin.
  - Nolle prosequi – Possession of marijuana.
Edward Pinkney:
- July 13, 2007:
  - Guilty – Trespass after forbidden.
  - Nolle prosequi – Grand larceny.
- January 5, 1994:
  - Sentence/Probation revoked – Show cause.
- May 26, 1993:
  - Guilty – Possession of cocaine.
Donald Grabenstein:
- July 13, 2007:
  - Nolle prosequi – Assault and battery.
- January 19, 2005, District Court for Baltimore County, Maryland:
  - Guilty – Assault, second degree.
  - Guilty – Disorderly conduct.
- June 29, 2004, District Court for Baltimore City, Maryland:
  - Guilty – Controlled dangerous substance: Possession – not marihuana [sic].
Ernest Deviers:
- July 13, 2007:
  - Nolle prosequi – Assault and battery.
- October 19, 2005 in Stafford County, Virginia:
  - Guilty – Criminal non-support.
- December 6, 2001 in Stafford County, Virginia:
  - Guilty in absentia – Bad check $34.16.
- July 31, 2001 in Fredericksburg, Virginia:
  - Guilty – Failure to appear for trial.
  - Guilty – Bad check $89.88.
- February 27, 1998 in Stafford County, Virginia:
  - Guilty – Habitual offender violation.
- September 30, 1997 in Stafford County, Virginia:
  - Guilty in absentia – Invalid boat registration.
  - Guilty in absentia – Operation boat without proper.
- April 19, 1993 in Stafford County, Virginia:
  - Driving while suspended after driving while intoxicated.
- Has warrants out for him in two states:
  - Delaware:
    - Capias / Failure to appear – capias return/civil contempt of court.
    - Warrant failure to appear / failure to stop at a stop sign – warrant failure to appear / driving while suspended or revoked.
    - Capias failure to pay / driving while suspended or revoked.
  - Maryland:
    - Failure to appear – Driving while intoxicated, under the influence of alcohol or drugs or drugs & alcohol or controlled dangerous substance.
    - Failure to appear – Person driving motor vehicle on suspended out of state license.

Sources:

Richmond Times-Dispatch needs a new editor plus an update on "Store owner knew the risks".

From the Richmond Times-Dispatch: Frawley drank cold medicine:

Ousted University of Mary Washington President William J. Frawley told police he had consumed six bottles of cough medicine before he was arrested for driving under the influence, according to a police report.

[…]

Police also noted the presence of one bottle of cough medicine. The police report did not indicate whether the cough medicine was prescription or over-the-counter.

Once again, a newspaper writes a statement from someone as a statement of fact. They also fail to say what police report “noted the presence of one bottle of cough medicine”. The criminal complaint does not mention it . It states the officer smelled the “strong odor of alcoholic beverage coming from his [Frawley’s] person and he was unsteady on his feet.”

And as previously noted, even if he was in fact under the influence of cough syrup he would still be guilty of driving under the influence, from Code of Virginia § 18.2-266 [emphasis mine]:

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train […] while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.

UPDATE: July 24, 2007, 0200 (2:00 AM): The Richmond Times-Dispatch claims that the cough medicine bottle was noted in a separate police report (not the criminal complaint).

Again, from the Richmond Times-Dispatch: Chesterfield shop owner is buried [emphasis mine]:

Chesterfield County shop owner Farooq Anwar was buried yesterday, less than 48 hours after he was fatally shot during an apparent robbery at his store.

[…]

Anwar, a native of Pakistan, was killed about 11:30 p.m. Wednesday during an apparent robbery of the Fast & Friendly Convenience Store at 6249 Jefferson Davis Highway, which he had owned or operated since 1990.

He died of a gunshot wound to the head, according to the state medical examiner’s office. He was initially identified by authorities as Anwar Farooq, but yesterday, the medical examiner’s office and police confirmed his name as Farooq Anwar.

[…]

Anwar, 52, left behind a wife, Lubna, and two children. Their son and daughter attend the University of Virginia.

Chesterfield police are pursuing the case, but the investigation has yielded few substantial leads, officials said. Investigators have declined to say whether anything was taken from the store, or whether surveillance cameras inside recorded any useful images.

You have some nerve even writing about this man, Mr. Mark Bowes. As I noted about your article, “Store owner knew the risks” this man was trying to provide for his family and help put his children through school and you attempt to blame him for his own death.

From the more respectful people at WTVR 6 in Richmond:

Chesterfield police are investigating the case. They’re asking anyone with information about the murder to call them at [(804)] 748-1251, or Crime Solvers at [(804)] 748-0660.

Who the hell is this guy’s editor?

From the Richmond Times-Dispatch: Store owner knew the risks:

Anwar Farooq was no stranger to the dangers of running a convenience store in a rough neighborhood, especially at night.

Nearly 16 years ago, Farooq killed one robber who shot at him and wounded another during an attempted holdup of the store he ran on Jefferson Davis Highway. Farooq also was shot during an exchange of gunfire, but a bulletproof vest saved his life.

A little more than a year later, Farooq fired at another would-be robber after the gunman tried holding up his store. The gunman pointed a pistol inches from his head, but Farooq managed to get the jump on him.

But on Wednesday night, he wasn’t so fortunate.

Farooq, 52, was fatally shot during an apparent robbery at the Fast and Friendly convenience store at 6249 Jefferson Davis Highway, which police say he’s owned or operated since 1990.

A customer discovered Farooq on the floor and unresponsive about 11:30 p.m., and she immediately called 911. He was pronounced dead soon after rescue personnel arrived.

[…]

Farooq’s first brush with death came late on the evening of Oct. 9, 1991, when a trio of armed robbers entered the store, which was then called U-Tote’M, at the same time as Wednesday’s apparent holdup. They confronted Farooq, who at the time kept a 9 mm pistol behind the counter, according to a story in The Times-Dispatch.

One man lingered by the cash register while the other two walked to the rear to get wine and beer. Sensing danger, Farooq put his hand on his gun beside the register.

As he walked toward the counter, one man pulled out a .38-caliber pistol and began shooting at Farooq. Farooq grabbed his gun and returned fire while ducking behind the counter.

Farooq fired six shots, two of which hit the gunman in the chest. The robber got out of the store but collapsed and died a short distance away. A shot hit the gunman’s brother, whom police found wounded in the parking lot. A third man got away.

During the gunbattle, Farooq was shot in the lower stomach area of the bulletbroof vest he was wearing. Two slugs were found in the wall above his head. He was not injured.

The man who got away was eventually caught and sentenced to 18 years in prison. The wounded man was sentenced to 15 years in prison.

Fifteen months after Farooq’s first gunbattle, another would-be robber entered his store and pointed a blue-steel, .38-caliber revolver inches from his head. He walked slowly to the cash register, where he kept his pistol.

Farooq grabbed his gun and began firing. “I didn’t have time to aim,” Farooq told The Times-Dispatch in December 1992. “I just pointed and shot.”

The man bolted, never firing a shot.

“Too bad you missed,” one customer told Farooq hours after the attempted holdup. “I would have put him to sleep forever.”

What the hell kind of headline is this, “Store owner knew the risks”? You have some nerve using that headline Mr. Mark Bowes or whoever the hell wrote it. If you die in a car accident, can I write an article with the headline saying you “knew the risks” and point out any prior car accidents you were in? This man was trying to support his family and make a better life for himself and you dare to write something like that? Some people don’t have degrees in “journalism” or “communication” and get to sit on their asses all day at a desk writing bullshit articles and headlines like you.

From the more respectful people at WTVR 6 in Richmond:

Chesterfield police are investigating the case. They’re asking anyone with information about the murder to call them at 748-1251, or Crime Solvers at 748-0660.

And this guy was president of an university?

See Previous Article.

From Fredericksburg.com: Report: Frawley drank cough syrup:

Former University of Mary Washington President William Frawley told a police officer he had consumed six bottles of cough medicine on the day of his April 11 arrest in Fredericksburg, court documents show.

The officer also smelled a strong odor of an alcoholic beverage, the police report states.

Frawley, 53, was charged in the city with driving under the influence and refusing a Breathalyzer test. He had been charged the previous day in Fairfax County with driving while intoxicated after flipping a vehicle owned by the UMW Foundation.

UMW’s board of visitors fired him “for cause” at the end of April. His trial in Fredericksburg General District Court had been scheduled for yesterday but was pushed back until Sept. 18.

He’s scheduled to appear in Fairfax General District Court on Sept. 21.

Fredericksburg Commonwealth’s Attorney Charles Sharp said prosecutors requested the delay because they’re still awaiting Frawley’s blood test results subpoenaed from Mary Washington Hospital.

You have to laugh when a newspaper gets a headline that incorrect. It should be something around the lines of “Frawley claims he drank cough syrup” and not a statement of fact that he did in fact drink cough syrup. And even if he was in fact under the influence of cough syrup he would still be guilty of driving under the influence, from Code of Virginia § 18.2-266 [emphasis mine]:

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train […] while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.

Criminal Complaint:

UPDATE 8:48 PM: They have now changed the headline after I left a comment.

Nothing illegal here. Move along, move along…

From NBC 4 in Washington, D.C.: Lawyer For Jailed Priest Says Case Is A Church Matter:

The attorney for a Virginia Catholic priest suspected of stealing from two churches wants the theft charges dropped because he claims the matter is an internal church affair outside the legal system’s jurisdiction.

The Rev. Rodney L. Rodis faces 13 charges of stealing as much as $1 million while he was a pastor of Immaculate Conception Catholic Church in Bumpass and St. Jude Catholic Church in Mineral.

Rodis’ lawyer, John R. Maus, filed a motion in Louisa Circuit Court last week to dismiss the charges, arguing that the U.S. Constitution bans the government from interfering in church matters.

According to the motion filed, church law grants a pastor a certain authority to handle money for the two churches.

“Whether his use of such funds exceeded his authority as administrator of these parishes will necessarily involve this court in the interpretation and application of (church) law,” the motion states.

R. Don Short, Louisa County’s commonwealth’s attorney, disagrees. “I don’t think the fact that you’re a priest immunizes you from criminal prosecution,” he said.

[…]

Rodis is accused of stealing donations from 1995 until his retirement last year.

Parishioners have said that Rodis handled much of the donation money personally. Investigators claim he deposited some donation funds into a Fredericksburg bank account set up in the churches’ name without the congregations’ knowledge and used the money for other purposes.

[…]

William Etherington, a lawyer who represents the Richmond Diocese, thinks Maus’ argument is off base.

“I don’t think the First Amendment says that,” Etherington said.

He likened the argument to someone trying to claim that child-molestation cases should be handled as an internal church matter. “That’s crazy,” he said.

At least the church is smart enough to tell the lawyer to buzz off. The reverend (shouldn’t it be Father?) must really be guilty if this is the best a lawyer can come up with. What next, “the devil made me do it!”?

Purely medicinal…

From NBC 4 in Washington, D.C.: Four Teen Girls Arrested In 33-Pound Pot Bust:

Frederick police said they found 33 pounds of marijuana in the car of a group of teenage girls on Friday morning.

Police said the car was weaving down Interstate 70.

Police have charged the four teenagers with possession and intent to distribute marijuana. The driver, 19 year-old Summer Rockenbaugh, of Thurmont, faces additional counts of contributing to the delinquency of a child.

The other girls have not been identified because they are minors. They are a 16-year-old from Thurmont, a 17-year-old from Hagerstown and a 14-year-old from Hagerstown. The girls were charged as juveniles with possession and intent to distribute marijuana.

Police estimated that the marijuana has a street value of about $100,000.

I’m guessing the phrase “equal protection” doesn’t mean anything to you… Part 2

See previous article

From the Richmond Times-Dispatch: Kaine, GOP united on traffic fines:

Virginians will have to put up with new, stiff fines for bad drivers at least until early next year.

[…]

They’re now immune because Kaine and lawmakers this year agreed the fines would be difficult to collect from non-Virginians — a feature of which some legislators said they were unaware.

Read the legislation I’m voting on? Parish the thought!

“Being for driver safety is a good thing,” said Kaine. “We need to study it in a deliberate way before we rush into it.”

What the hell kind of line is that? Is someone going to say they’re for bad driver safety? I’m sure these fines are going to slow people down on I-95.

Kaine and Howell, accompanied by transportation and safety advocates as well as the Republican majority leaders of the House and Virginia Senate, emphasized that Virginians need not fear the controversial fines if they drive safely.

Here’s hoping all of you get tickets, you corrupt asses.

Howell and Senate Majority Leader Walter A. Stosch, R-Henrico, suggested that bloggers, the news media and a confusing overview of the law on the Virginia Supreme Court Web site have contributed to public misunderstanding.

“Those damn bloggers! Exposing our actions like that!” Where have I heard that before?

“I don’t feel we dropped the [public relations] ball,” Howell said. “This has been a storm that no one anticipated.”

Because someone found out about it. You thought you could hide in your offices, vote on bills, and no one would notice what’s in them.

The unlikely display of bipartisanship at a state Capitol news conference was aimed at quelling a spreading voter revolt, largely via the Internet, that potentially threatens some legislators in fall elections for the House and Senate.

Unfortunately for me, no one is running against McDougle or Wittman.

[…]

A growing number of legislators, most of them Republicans, have urged Kaine to order the General Assembly into special session this summer to revise the penalties, some of which could cost drivers thousands of dollars over three years. Felony offenses, such as reckless driving, carry a $3,000 fine.

I thought you wanted them fix, Kaine, you lying bastard. You just want people to totally forget about it by next year. If there’s a problem, why wait?

House Majority Leader H. Morgan Griffith, R-Salem, told reporters he believed the Virginia courts would rule that it is constitutional for the state to limit the penalties to Virginians. Griffith, a lawyer, who — like Albo — handles traffic cases, said the new law could cut into his business.

“We’re going to tell our clients, ‘Hey, I’m not going to challenge its constitutionality. You may want another lawyer,'” said Griffith. “It’s going to cost us a few clients.”

You’re so full of it. They’re going to hire you in the hope of being found not guilty or negotiating a plea deal for an amended charge you weasels.

Here’s hoping the people that voted for this get their asses kicked in November.

Border fence, finally?

From Reuters: Work on Texas border wall to begin soon: Chertoff:

Construction on a border wall in southern Texas is expected to begin by this autumn, despite strong local opposition, U.S. Homeland Security Secretary Michael Chertoff said in an interview published on Thursday.

[…]

Construction on the wall already has begun in Arizona, Chertoff said. Washington aims to have “operational control” of the border by 2013 by building the 700-mile (1,120-km) wall along parts of the frontier and creating a “virtual fence” in desert areas with drones, sensors, cameras, satellite technology and vehicle barriers.

I’ll be holding my breath in the mean time. And what the hell is a “virtual fence”, is that like “virtual police” or a “virtual military”? How much is this “virtual fence” going to cost to pay people to watch it and respond to illegal entrants?

Justice in Caroline? Nope, just nolle prosequis.

From The Caroline Progress (print edition): Circuit Court–July 10 [emphasis mine throughout]:

Eric Childs, of Ruther Glen, was charged with four counts distribution of cocaine from separate incidents on Sept. 13, 2006, Sept. 20, 2006 and Nov. 6, 2006. He was arrested on April 17 following a direct indictment by Caroline County Grand Jury. Two of the charges were nolle prosequi. Childs pleaded guilty to the other two felony charges and is scheduled for a sentencing hearing on Sept. 25.

Paul David Ferguson, of Ruther Glen, was charged with felony credit card fraud from an incident on April 22, 2006. He was arrested on May 5, 2006. The charge was nolle prosequi.

Saleem R. Stevens, of unknown address, was charged with felony possession of controlled substance from an incident on Dec. 2, 2004. He was arrested on Jan. 9 following a direct indictment by Caroline County Grand Jury. The charge was nolle prosequi.

From The Caroline Progress (print edition): General District Court–July 13 [emphasis mine throughout]:

Edward Carl Pinkney, of Woodford, was found guilty of misdemeanor trespassing from an incident on March 10. He was arrested on March 25 by Caroline County Deputy Ketchem. Pinkney was originally charged with felony burglary and grand larceny, but the burglary charged was amended and the grand larceny charge was nolle prosequi. He was sentenced to 12 months with 12 months suspended on the amended charge.

Donald Grabenstein, of Rappahannock Academy, was charged with assault and battery from an incident on June 17. The charge was nolle prosequi.

Ernest W. Deviers, Jr., of Fredericksburg, was charged with assault from and incident on June 17. The charge was nolle prosequi.

Nice to see that Harvey Latney chooses not to prosecute drug dealers, credit card defrauders, grand larcenizers, and assault and batterers. Am I the only one that thinks there needs to be a change in this county?

Former University of Mary Washington president’s trial delayed

From Fredericksburg.com: Frawley’s trial posponed [sic]:

Ousted University of Mary Washington President William Frawley won’t be tried in Fredericksburg tomorrow on a DUI charge as scheduled.

Fredericksburg Common wealth’s Attorney Charles Sharp said the reason for the delay is that the prosecution is still awaiting Frawley’s blood test results from Mary Washington Hospital.

Frawley is also charged in the city with refusing a Breathalyzer test.

He said he expects Frawley’s appearance at Fredericksburg General District Court to be rescheduled for sometime in September.

Frawley was fired at the end of April after he was charged with driving under the influence twice in two days.

The first charge occurred April 10 in Fairfax County, where he flipped a university-owned vehicle. His court date at Fairfax County General District is scheduled for Sept. 21.

The second occurred the next day in Fredericksburg, after a woman reported seeing him driving in a car with a missing front tire.

How awfully convenient. Three months and they’re still waiting for blood test results? That’s a real go-getter there as Commonwealth’s Attorney.