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Let’s screw the businesses so we can get reelected in November…

From Fredericksburg.com: Stafford tries tax districts again:

Stafford County could soon tax businesses to pay for the widening of two congested roads.

The Board of Supervisors approved a measure last week to create service districts for State Route 610 and U.S. 17.

But one business owner, who successfully sued the county before, said he plans to fight the measure again.

Attorney Richard Nageotte runs a law practice along 610. He sued Stafford in 2001, and again in 2006, to block the creation of the 610 service district.

In the last Circuit Court decision, the judge ruled that Virginia’s service district law excludes roads under the jurisdiction of the Virginia Department of Transportation.

But the General Assembly has since clarified the statute, giving Stafford the green light to try again.

[…]

Although he hasn’t filed suit yet, the attorney said he plans to challenge the measure because it’s unfair to small-business owners.

“The bottom line is the business community shouldn’t be taxed for what is necessary for the entire community,” he said. “If we need improvements to 610, then everyone should pay for them.”

Improvements planned for 610 include widening it from four lanes to six lanes, beginning at Interstate 95 and ending at Onville Road.

[…]

Planned changes to U.S. 17 include lane expansions and additional sidewalks. A federal highway, U.S. 17 is used by thousands of out-of-town motorists each day, noted Falmouth Supervisor George Schwartz.

“We’ve got truck traffic coming up and down, tourists, everybody uses that road,” said Schwartz, who was the only supervisor to oppose the service districts. “It’s unfair to tax only the local business to improve that road.”

Funding from VDOT and revenue from the gas tax have helped pay for some road projects. But local officials say more funding is needed to ease congestion on Stafford’s busiest roads.

The levy against businesses is the only viable available option for now, according to Hartwood Supervisor Joe Brito.

“As far as I’m concerned, the service district is the last resort,” he said.

Why is it that only businesses are going to be taxed? How many subdivisions are on these roads that probably account for the majority of traffic on them? The businesses wouldn’t be there if the people didn’t live on the road.

From what I can see on Google Earth of the area, there has to be over a dozen different subdivisions on a couple mile section of 610 (Garrisonville Road). Expert planning there Stafford County.

I’m guessing the phrase “equal protection” doesn’t mean anything to you… Part 4

From the Richmond Times-Dispatch: Henrico judge to rule on driving-offense fees:

A Henrico judge said he will issue an opinion next Thursday on whether the state’s new fee system for traffic infractions should be found unconstitutional.

In an unusual proceeding that lasted almost an hour, Henrico General District Judge Archer L. Yeatts III said he will decide in a written opinion whether a 23-year-old Henrico man facing his fifth offense for driving without a license should be subject to some $700 in fees in addition to court costs and fines.

Anthony O. Price pleaded no contest to the misdemeanor charge today and Yeatts found him guilty. But Yeatts said he wants more time to mull over arguments in the case about the fees.

The fee structure, which went into effect July 1, is expected to pump some $60 million into state highway funds. But the fees do not apply to out-of-state drivers. Price’s lawyers argue that the law is in violation of equal-protection guarantees in the Constitution.

“There’s no reason why out-of-state drivers should be any less subject to the fees than Virginia drivers,” said Esther Windmueller, one of Price’s lawyers.

Windmueller said multiple opinions are likely on the issue from courts across Virginia as the fees begin to come into play in court proceedings.

Resolution will have to come from the General Assembly or state Supreme Court, meaning that thousands off drivers likely will have to pay the fees before it is clear they are legal.

The saga continues…

I’m guessing the phrase “equal protection” doesn’t mean anything to you… Part 3

From the Richmond Times-Dispatch: Big fines for bad drivers tested:

A courtroom assault yesterday on the state’s new fees for traffic offenses fizzled in a cloud of legal briefs and a no-show.

After a Henrico County judge politely said he didn’t have the authority to address the issue, a Henrico man portrayed as a test case to overthrow the civil remedial fees failed to show up for his court appearance.

“Is Anthony Price here? Anthony Price?” defense lawyer Esther Windmueller asked unsuccessfully, scanning a General District courtroom.

General District Judge Archer L. Yeatts III, who had less than an hour earlier refused to rule on the constitutional merits of the fees, rescheduled Price’s case for Aug. 23 and moved on to a reckless driving case.

That left Windmueller suggesting to reporters that she might have to troll the hallways of the Henrico Courts building for a new plaintiff.

[…]

The fees, passed by the legislature this year, are intended to generate more than $60 million toward state road funds. So far they have mostly generated fever-pitch public opposition — in large part because out-of-state drivers aren’t subject to the ramped-up fines.

[…]

In Richmond traffic court yesterday morning, clerks were marveling at the city’s first instance of a traffic offense that invoked the costly fee structure.

A July 1, noontime stop on Lee Bridge had produced charges of reckless driving and no valid driver’s license for a man court papers identified as Rolando Reyes.

“This was our first one,” said Irving C. Wright, clerk of the Richmond General District Court’s traffic division.

Yesterday, Reyes saw the reckless driving charge reduced to speeding but saw his costs explode.

Instead of being limited to fines and court costs of $317, Reyes had to pay $617 with the addition of the new $300 penalty fee.

And he’ll owe $600 more in coming months in two $300 installments, bringing the total to $1,217.

Had Reyes not had the reckless driving charge reduced, he could have been looking at a total of more than $2,200.

[…]

Besides the fact that out-of-state offenders don’t face the extra penalties, critics say, the fees most severely affect low-income traffic offenders, and collection efforts are expected to clog the courts and increase the number of cumbersome cases that involve defense lawyers.

“People will get lawyers hoping they can reduce the charges,” said Henrico General District Court Clerk Lawrence G. Sprader.

The state attorney general’s office argued to Yeatts yesterday that only a higher court can block the fees. Yeatts agreed, saying that a legal theory of seeking to bar the clerk’s office from collecting the fees is improper.

“The judge imposes the fee,” said Yeatts, noting that the judges control the actions of the clerk.

Windmueller said she and co-counsel Craig S. Cooley will likely take the case to the higher court, the county’s Circuit Court, before the end of the week. Traffic cases from the lower court that are subject to the fees are likely to reach circuit courts across the state, also, as the cases are appealed. That would produce scores of opportunities to challenge the law, lawyers familiar with traffic cases said yesterday.

[…]

Gov. Timothy M. Kaine has said he favors waiting for the regular session in January to make the fee structure more equitable.

If there’s a problem Governor, why wait?

Again, from the Richmond Times-Dispatch [photo credit: Virginia House of Delegates]: Delegate does U-turn, now opposes high fees:

Del. L. Scott Lingamfelter, R-Prince William, now says he opposes increased fees on bad drivers.

Del. L. Scott Lingamfelter, R-Prince William, who 12 days ago defended unsafe-driver fees, now says they should be repealed.

[…]

Lingamfelter declined to say whether the General Assembly should be called back into special session to repeal the bill. That is up to the leadership, he said, but if he came back to Richmond, he would vote for repeal.

Lingamfelter said the bill is “at best complicated.” It also should apply to all drivers, not just Virginians, he added. In addition, he said the fees should be focussed [sic] on curbing bad driving, not on repairing roads.

Twelve days ago, Lingamfelter wrote an op-ed article in which he defended the fees, saying only reckless drivers should be disturbed by them.

The House Democratic Caucus issued a news release yesterday calling Lingamfelter “flip-flop Scott.”

“He saw his support for the abusive-driving tax that exempts out-of-state drivers as hurting him politically, so he put political expediency above principle,” caucus spokesman Mark Bergman said.

A Democrat, William Day of Prince William, is opposing Lingamfelter in November.

Lingamfelter said “real leaders listen, learn and act. They do not name-call, which is what the Democrats do.”

So you admit you’re not a “real leader”? You appear to have listened and learned but where is your act? You’re sitting on your fat ass complaining. Why do you refuse to call for a special session? If there’s a problem Delegate, why wait?

Again, from the Richmond Times-Dispatch: Driver fees about to be tested in court:

An effort to stop Virginia’s new special fees for traffic offenses great and small will get another day in a Henrico County court this morning. Anthony Price has been found.

A legal team had said Tuesday that Price would serve as an important test case to overthrow the fees as unconstitutional. But Price, who lives in Henrico, didn’t show up for court. That left his lawyers, a judge, and a gaggle of media with no case, no ruling and no story.

But Price, located yesterday by a Times-Dispatch reporter, said that he believed his court date was today and he was unaware that a high-powered legal team was ready to defend him.

“Who?” Price said yesterday when asked if he’d been contacted by prominent trial lawyers Craig S. Cooley and Esther Windmueller.

Windmueller said her efforts to contact Price about court dates and her representation likely got lost in the mail.

[…]

Price got in touch with the lawyers yesterday, and Windmueller said he would appear at a General District Court hearing this morning.

Price is facing his fifth charge of driving on a suspended license. If convicted today, he faces $750 in penalty fees in addition to fines and court costs. He referred questions about his driving history to his lawyers.

But Price’s conviction, which his lawyers said they would appeal, would set in motion an effort to end the fees statewide.

A Henrico General District Court judge on Tuesday refused to consider legal arguments that the fees were unconstitutional because the motions were brought before the court independent of a defendant being charged with one of the offenses.

But Price does face a traffic charge affected by the new fees. If the judge rules that the fees are unconstitutional, the ruling will likely be appealed by the state.

The special fees went into effect July 1 and are just beginning to reach traffic courts. They apply to dozens of traffic infractions, from manslaughter to a failed turn signal. They have outraged tens of thousands of drivers.

[…]

A key constitutional issue centers on the fact that the higher fees do not apply to out-of-state drivers, even when they commit the same driving offenses as a Virginian.

One lawyer said yesterday that she would raise the argument that a person from another country, whether in Virginia illegally or on a visa, should not have to pay the fee, either.

The fees range from $3,000 for more-serious crimes such as vehicular manslaughter and felony unauthorized use of a motor vehicle to $900 for having below-standard tires or failing to wear a seat belt while operating a school bus, according to guidelines published by the state Supreme Court.

For now I give a reprieve for lawyers.

Search operations at The Four Winds Club, Caroline County

This happened Saturday morning (July 21, 2007) but I was waiting on a update on the woman’s status before posting:

At approximately 0245 (2:45 a.m.), a call was received from a visitor of The Four Winds Club, located at 2350 Skinkers Neck Drive, Rappahannock Academy, reporting that a woman had gone missing approximately three hours ago and was last seen along the Rappahannock River.

The Caroline County Sheriff’s Office coordinated and helped to conduct search operations of the campground while personnel from the Port Royal Volunteer Fire Department conducted search operations in the Rappahannock River using a boat and a body heat detection device. Personnel from the Bowling Green Volunteer Rescue Squad and the Ladysmith Volunteer Fire Department rescue/dive team also responded.

The Virginia State Police dispatched resources including a State Police tracking dog and a helicopter (N36VA) from their Aviation Unit which used forward looking infrared to conduct a search of the forest and open areas.

At day break, fire and rescue volunteers went door-to-door asking residents if they had seen the missing woman without success before they were relieved at approximately 0900 (9:00 a.m.). The woman was eventually located and was unharmed.

Caroline Board of Supervisors Meeting Summary – July 24, 2007

Nothing really interesting but here’s the main points:

Bill Griffin, Supervisor of Maintenance, announced that repairs/upgrades for Bowling Green Primary School, Bowling Green Elementary School, and Ladysmith Primary School will not be completed this summer due to a lack of response to the requests for proposal (RFP). The upgrades may be able to be done during Christmas break during December or will have to wait until next summer to be completed.
The board approved up to $516,291 in bonds for the Dawn Wastewater Project.
A rezoning application for the new 19-lot subdivision east of 301, south of Chase Street in Bowling Green was approved.

Next meeting: August 14th, 2007, 6:00 p.m., Community Services Center – Auditorium.

Hot pursuit in Caroline County.

From Fredericksburg.com [photo credit: Lippa for Sheriff]: Woman faces charges in two localities:

A Fredericksburg woman was charged yesterday with hit-and-run and eluding police in episodes in two localities.

Beth A. Egnar, 43, was charged with DUI and eluding police in Caroline County and was served a warrant for a felony hit-and-run in Fredericksburg Sunday night.

[…]

Caroline Sheriff Tony Lippa said his office got a call about 11 p.m. Sunday to be on the lookout for Egnar. A man had called 911 and told Fredericksburg police that he was following a woman who struck his vehicle and drove off.

Fredericksburg spokeswoman Natatia Bledsoe said Egnar was driving a 2003 Subaru wagon when she allegedly hit a Dodge pickup truck on State Route 2.

Lippa said his department put out two sets of road spikes on Route 2 before they were finally able to stop the car, which was southbound.

Lippa said the car stopped for police at an intersection just north of Bowies Pond with all four tires flattened and surrounded by six to seven police cars.

Good thing Lippa bought those spike strips (at no cost to the county by using drug seizure money).

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:
- 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.

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!”?