Even I think this is a little too much…

From the AP via NBC 4 in Washington, D.C.: Jury Recommends 135 Years For Man Who Sold 6 Pills [emphasis mine]:

A Dickenson County jury has recommended 135 years in prison and a $600,000 fine for a man they convicted of selling six prescription pills.

The jury deliberated about an hour Thursday evening before convicting Jody Bill Powers, 49, of selling two pills on three different occasions within 1,000 feet of a school.

The sales happened in 2005 and involved OxyContin and morphine. Powers sold the drugs near the apartment complex near Haysi, where he lived.

Dickenson County Commonwealth’s Attorney Joe Short said the sentence is the most harsh he’s heard of. Short said he thinks people in southwest Virginia “are sick and tired of drug addiction.”

The final decision on the sentence is left to a judge, who will consider the jury’s recommendation when he sentences Powers on Dec. 13.

Like, I said, this is a little too much.

Too bad we can’t get verdicts like this in Caroline County because Harvey Latney won’t attempt to get jury trials for drug charges. Instead, they get five years with five years suspended in a bench trial. That’s really going to stop the drug problem in the county.

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.)

More Drug Arrests in Caroline.

From Caroline County Sheriff’s Office: More Drug Arrests in Caroline [emphasis mine]:

According to Sheriff A. A. “Tony” Lippa, on August 3, 2007, the Caroline County Sheriff’s Office, Hanover County Sheriff’s Office, and the Virginia State Police executed a search warrant at 16161 Hank Court, concluding an undercover drug operation in the Bowling Green area. 

As a part of this ongoing operation, Caroline County Narcotics Deputies identified a subject suspected of transporting large amounts of cocaine from Boston Massachusetts to the Bowling Green area.  The Caroline County Sheriff’s Office personnel seized what is believed to be powder cocaine, crack cocaine, ecstasy and numerous prescription pills along with two vehicles belonging to William Coleman. 

Upon execution of the search warrant, Katrina Simmons, 32, of St. Louis, MO, was charged at the residence with distribution of cocaine and held without bond at the Pamunkey Regional Jail.  Sheriff Lippa further stated that “William Coleman, 36, 16161 Hank Court, Bowling Green, VA is still at large for drug related charges.  We are actively searching for his whereabouts.  Williams is described as a black male, 5’7”, 180 lbs., black hair, and brown eyes.  Anyone having information regarding the whereabouts of William Coleman may call our 24 hour number 804-633-5400 or the anonymous tip line, 804-633-1133, in order to help the Caroline County Sheriff’s Office bring this suspect to justice.”

If you have any information, please call police.

From Fredericksburg.com: Shooting victim helped prosecution in drug cases police witness slain [emphasis mine]:

Marlo David McQuillar A man who was a key prosecution witness in a case against a major local drug-dealing operation last year was killed late Friday in Fredericksburg.

Marlo David McQuillar, 24, of Fredericksburg was found dead at the Forest Village apartment complex shortly before midnight, city police spokeswoman Natatia Bledsoe said. He had been shot multiple times.

Bledsoe said police went to the apartment complex after a resident called at 11:43 p.m. to report hearing gunshots. The resident said he looked out his window and saw three black males running to a white car, which left at a high rate of speed. Three other vehicles sped away at the same time, the witness said, but no other details were provided.

An officer arrived two minutes later and found no one at the scene. After looking around for a couple of minutes, Bledsoe said, the officer found McQuillar bleeding and lying in front of the 1200 building.

Rescue workers arrived a few minutes later and began performing CPR on the victim. Their efforts continued as he was put into an ambulance, but McQuillar died prior to being transported to the hospital.

Bledsoe said McQuillar had just gotten off work at Bob Evans restaurant and was at the complex to pick up his child, who was being kept by his sister. Detectives worked the case through the night and are continuing their efforts, Bledsoe said.

McQuillar testified last year in the prosecutions of Joni R. “Summa” Grizzard and Samuel T. “Capone” Ensley. They headed an operation that brought several kilos of cocaine per month into the Fredericksburg area, along with marijuana and Ecstasy.

Drugs were sold in Fredericksburg and Stafford, Spotsylvania and King George counties, witnesses said. The operation involved frequent shipment of cocaine from central North Carolina and New York City.

McQuillar sold drugs for Ensley and Grizzard and gave police insider information about how their operation worked. Ensley got a 10-year prison sentence, while Grizzard got 15 years.

McQuillar got a suspended sentence in return for his cooperation. He told a judge in October that he had seen the error of his ways and was looking forward to raising his son as a law-abiding citizen.

I refuse to let my son go down the same path of negativity that I went down,” he said at the time.

Anyone with information about Friday’s slaying is asked to call city police at 373-3122 or 372-1055. Callers do not have to give their names, and could receive a reward.

Scientists are idiots, and here’s the proof:

From The Guardian: Scientists link diabetes drugs to heart failure:

Two of the most commonly used drugs for diabetes, which were taken by hundreds of thousands of mostly overweight people in the UK last year, are causing widespread heart failure, scientists warn today.

Use of the drugs, prescribed by doctors for type II diabetes, has doubled in the past three years as a consequence of a growing obesity problem. Last year 1.8m prescriptions were written across the UK, which scientists say equates to several hundred thousand patients taking the drugs which are recommended for use across the NHS by the National Institute for Health and Clinical Excellence (Nice).

But researchers today call on Nice to think again, revealing that as many as one in every 50 patients taking the drugs Avandia (rosiglitazone) and Actos (pioglitazone) over a period of 26 months will have to be hospitalised for heart failure.

The class of drugs, they say in the journal Diabetes Care, doubles the risk of heart failure, and even those with no history of heart problems are affected.

[…]

He and his American colleagues pooled data from 78,000 patients who have taken the drugs, some of them during the manufacturers’ trials. They also looked closely at the cases of 200 people who suffered heart failure and found they were not people who were obviously at risk.

“Most patients in the studies did not have heart failure prior to starting on treatment with these drugs,” said Dr Loke. “There doesn’t seem to be a group of patients who are safe from these side-effects.”

[…]

Alastair Benbow, European medical director for GlaxoSmithKline, said of the study: “It is well recognised that the class of drug can cause fluid retention. It is wholly different from the issue raised previously about heart attacks and cardiovascular deaths.”

He said fluid retention could be resolved if the patient was well monitored and prescribed diuretics. Even heart failure could be treated in hospital. “What is missing here is the benefit these drugs provide.” The drugs kept blood sugar levels low, preventing serious effects of the disease such as blindness and amputations, he said.

And why is this proof that scientists are idiots? Well, according to the American Diabetes Association (ADA) [emphasis wholly mine]:

[…] 2 out of 3 people with diabetes die from heart disease and stroke.

And if you are diagnosed with diabetes even without taking any drugs, especially type 2 diabetes (since you are already overweight), you are already at risk for heart disease you morons.

Hat tip: Matt “threat to democracy” Drudge

It’s five o’clock somewhere.

From Fredericksburg.com [photo credit: Ibid]: Frawley’s blood alcohol was 0.21:

Former UMH president William Frawley.The blood alcohol content of former University of Mary Washington President William Frawley was 2 1/2 times the legal limit when he flipped his university car in Fairfax County on April 10, according to court documents.

The analysis from the Department of Forensic Science in Richmond, filed in Fairfax General District Court, shows that Frawley’s blood alcohol level was 0.21 when the accident occurred on Georgetown Pike.

[…]

According to police, Frawley was driving a 2006 Toyota Avalon on Georgetown Pike near Great Falls National Park when he ran off the road and flipped the car, owned by the UMW Foundation, onto its roof around lunchtime April 10.

Fairfax County police Officer D.J. Montgomery pulled nine unidentified bottles from Frawley’s car, eight of them containing liquid, according to evidence now in the court file.

Not only is he a drunk, but he’s a morning drunk too. I guess he hadn’t had time to drink his six bottles of cough syrup yet that day. Due to the fact that his blood alcohol level was above 0.20 he’ll be getting a mandatory minimum of ten days in jail after he is convicted (§ 18.2-270).

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

See previous article.

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: 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: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 pdficon_small . 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.

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: pdficon_small

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

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.