After almost three months, Charlottesville police have dropped charges against Patrick McNamara for the January 12 assault of a woman on the Rivanna Trail. The case against McNamara has been dismissed, but the arrest continues to affect his life.
On January 18, McNamara was taking a break outside while working from his apartment when he was approached by a CPD detective and placed under arrest. “It is not wise to talk to the police even if you’re innocent. I’m naive and thought, ‘this is a mistake,’” he says. “I didn’t know what I was being arrested for.”
Court filings indicate McNamara was arrested based on eyewitness identification by the victim, who was assaulted at approximately 9:39am on January 12 less than half a mile from the Rivanna Trail underpass at Free Bridge. The victim described the suspect as a “white male with short brown hair and an athletic build, approximately 6’2″, possibly 20-30 years old … wearing a white puffy jacket with a dark hooded sweatshirt underneath, which was pulled up over his head.”
When shown an image of McNamara by a friend on January 16, the victim identified him as her attacker. She later told law enforcement she was “100 percent positive” it was McNamara who assaulted her, according to court filings.
Following his arraignment and release on bond, McNamara was suspended from his job and given three days to vacate his apartment by his leasing company.
On January 22, investigators obtained surveillance footage from Cosner Brothers Body Shop. The video shows McNamara passing the victim without incident, and later a different individual in a puffy white coat can be seen in the area.
The person who collected the video initially told the case agent there was “nothing of value” on the recording, and “never prepared a supplement documenting its collection.”
The commonwealth’s attorney’s office was not aware of the surveillance footage or its content until April 9, following a letter submitted by McNamara’s attorney—Rhonda Quagliana—on April 8 requesting police obtain surveillance and video footage from 19 locations.
Charlottesville Police are currently conducting an internal investigation into the handling of the footage.
Both the commonwealth’s attorney’s office and Quagliana filed motions to dismiss the charges against McNamara on April 11. While Quagliana’s filing is a complete rebuke of law enforcement’s treatment of McNamara and its handling of the case, the commonwealth called for a dismissal on the grounds that “there is no longer proof beyond a reasonable doubt to support this prosecution.”
The charges against him have been dropped, but McNamara’s trying to piece his life back together: He still hasn’t heard from his job about reentry, he still doesn’t have a place to live, and he still feels isolated.
“The truth of the matter is that there’s permanent damage,” says McNamara. “I’m upset at the presumption of guilt that was levied upon me by all the institutions in my life.”
“I know I’m innocent. It’s hard for me to articulate to somebody what it feels like,” he says. “I have a lot of really good friends and I’m very thankful for that. I know that their assumption was, ‘Patrick couldn’t have done this, this is ridiculous.’ But to what degree of certainty I will never know.”
McNamara says the arrest has impacted all of his personal relationships.
“The commonwealth’s attorney made it sound like … ‘we don’t have enough to prove this beyond a reasonable doubt.’ The police chief has spoken publicly since then and said, ‘we didn’t have enough to go beyond reasonable doubt,’” says McNamara. “That’s embarrassing language. … It’s just, frankly, it’s bullshit. And because of that, people will always doubt maybe I did it.”
Charlottesville Police Department declined to answer questions from C-VILLE about the handling of the investigation and interactions with McNamara. “Chief Kochis has done numerous engagements on various media outlets regarding the case,” wrote Public Safety Information Officer Kyle Ervin in an email. “Please refer to any previous comments made on the matter.”
As he contemplates how to move forward, McNamara says he is speaking to lawyers about potential legal action, but what he wants most is change and a return to normalcy.
“I don’t think it’ll ever be the same as it was on January 17,” he says. “I think there’s gonna be difficulties until the arrest is completely expunged from my record.”
“What happened in the legal process was unacceptable,” McNamara says. “It is scary. It is dangerous. And I am just a random, nameless citizen of this town that was caught up in this system. And if it can happen to me, it can happen to anybody. And that, to me, is very scary until there’s change. What does change look like? I don’t know.”
At press time CPD has not issued a news release about McNamara’s charges being dropped, and has not updated the original release detailing his arrest.