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News

Cav Daily to get grown up ads

Previous coverage:

Cav daily sues Virginia ABC over alcohol advertising
Use our guide to brand-name drinking on the Corner!

Just one of the many things protected by the freedom of speech? Advertisements for booze in college newspapers. Last week, a federal judge struck down a Virginia state law that prohibits student newspapers from running advertising for alcohol references, thanks to a suit brought by the American Civil Liberties Union on behalf of the student papers at UVA and Virginia Tech, according to the Associated Press.

U.S. District Magistrate Judge Hannah Lauck ruled that the law banning ads for alcohol in student newspapers and another that limits words in ads violate the First Amendment. UVA’s Cavalier Daily and Virginia Tech’s Collegiate Times estimated that they were losing $30,000 every year in advertising thanks to the ban. The Virginia Department of Alcoholic Beverage Control argued that the rules helped curb underage drinking.

Since we all know that Wahoos drink like fish anyway, it may be hard for underage consumption to get any worse. Perhaps if undergrads extend their usual Thursday-Sunday benders to start on Tuesdays, then maybe the ABC board was right after all.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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News

For Region Ten, more money means more responsibility

 First in a two-part series on mental health reform

Spurred by last year’s mass shooting at Virginia Tech, state legislators this spring unanimously passed a package of bills that will bring more people into a mental health care system that is already stretched thin. While the state gave the Department of Mental Health roughly $42 million—what has been called a “down payment”—local agencies are staring down a potential increase in referrals that would test staff capacity.


State Delegate Rob Bell, who chaired the mental health subcommittee, is hopeful that by treating those with mental health issues sooner it will eventually require less “rock bottom” care.

The new legislation relaxes the standard of involuntary commitment, lowering the level of perceived threat needed to detain a person at risk of harming themselves or others. Under the new standard, says Delegate Rob Bell, a sponsor of the legislation, the state can now involuntarily commit a person before they “hit rock bottom.”

“There was pretty broad consensus that the current standard …was not working,” says Bell. “This very, very jagged care—that you can’t go in until you hit rock bottom—certainly wasn’t serving the therapeutic model, it wasn’t serving the public safety model and it wasn’t doing a whole lot for the civil liberties side.”

Making it easier to involuntarily commit a person means more people in the system. And that decision made at the state level will trickle down to community services boards (CSB), the local providers for mental health services. Region Ten serves as the CSB for the city of Charlottesville and the counties of Albemarle, Fluvanna, Louisa and Nelson. Robert Johnson, the executive director of Region Ten, says that while he’s happy to receive extra funding in such a dry year, the new commitment standard could stretch his resources razor thin.

“The expectation is that broadening the language means that more folks will be caught in the net of needing services,” he says. “We’re very happy to receive the additional dollars in a bad year. We’re expecting those dollars will increase the number of folks referred to our services. It’s probably going to test our case-management resources, to handle the mandatory outpatient requirements.”


While he’s pleased about $42 million more in state mental health spending, Region Ten Executive Director Robert Johnson is expecting an increase in referrals that will “test our case-management resources.”

While the standard of commitment will be relaxed, the maximum commitment time will drop from 180 days to just 30. Quicker turnaround means more recommitment hearings, which must now be attended by a Region Ten staff member under the new legislation. In 2005, Virginia Tech shooter Seung-Hui Cho was court-ordered to receive outpatient treatment, but no one followed up on that order.

In the past, says Johnson, Region Ten had attended roughly half the recommitment hearings because its presence wasn’t required and staff members had more important priorities. Requiring a Region Ten employee to attend all recommitment hearings will double the CSB’s workload. Factor in the increased number of recommitment hearings due to the lowered maximum stay, and Region Ten is in danger of being overwhelmed.

The extra money from the state will likely mean three additional positions for Region Ten. One of the positions will be a mandatory outpatient coordinator to track patients who have been ordered by courts to receive outpatient treatment.

Bell says that the legislation, while increasing the responsibilities of CSBs, also give them more flexibility. By catching people before they bottom out, the thinking goes, their recovery time—and time spent in the mental health system—will be less.

“There’s some hope—and we’ll have to see how this plays out—that a little earlier care before someone hits rock bottom might enable you to smooth out the lows,” says Bell, “and, over the course of five years, not increase overall care that much.”

Bell says that the $42 million is “significantly more” than the costs incurred by the changes in commitment standards and additional oversight. In the midst of a statewide budget crunch, the millions coming from Richmond are nothing to sniff at. But the mental health system, which for years has been underfunded, must now find a way to expand its services.

“Everyone knows we need more dollars,” says Johnson. “And we know we’ve got to do the job.”

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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News

Bad gets worse for alleged I-64 shooter

The month of March ended badly for Slade Allen Woodson. On March 31, Albemarle County police charged Woodson with five additional felony counts connected to the I-64 shootings, the same day he was denied bail in a Waynesboro courtroom. Woodson now faces a total of 17 felony counts, 15 in Albemarle and two in Waynesboro.


Slade Allen Woodson was charged with five additional felony counts last week, stemming from three other shootings.

Previous coverage:

Alleged I-64 shooter charged with five more counts [April 1]
Asks for court appointed lawyer

Suspects arrested in I-64 shootings
Police match ballistics to Woodson’s Ruger

State Police take second person into custody in connection with I-64 shootings [Updated March 28, 7:10pm]
19 year old Slade Allen Woodson and a 16 year old will face multiple felony counts

A 16-year-old male from Crozet also faces 10 felony counts, stemming only from the I-64 shootings. Police have not charged the 16-year-old with any counts from other shootings that took place in Waynesboro or other parts of western Albemarle.

Woodson appeared in Albemarle General District Court via video on April 1, wearing an orange jumpsuit, sitting at the head of a wooden table in a cinderblock room. A sweatered Albemarle County police officer sat to his left. In a thin voice tinged with a slight drawl, Woodson requested a court-appointed lawyer, claiming that he had only $100 to $200 in money and “an old Dodge and a car” worth less than $1,500 apiece.

Presumably the car to which Woodson referred is his orange 1994 AMC Gremlin, which police found a day after the shootings abandoned on the side of 29N, just south of the Albemarle-Greene county line. Images of his car were captured by security cameras from the Waynesboro credit union that police allege Woodson shot up. Unfortunately for Woodson, the Gremlin is perhaps one of the most recognizable car models in the history of the automobile.

The five charges tacked on March 31 stem from three other shootings that state and Albemarle County police have found in the western part of the county. Woodson is accused of shooting into an occupied dwelling and shooting from a vehicle creating the risk of injury or death, according to county police. The shootings took place on Dry Bridge Road, Greenwood State Road and Miller School Road.

State police said in a press release that investigators believe that ballistic evidence from the shootings match the firearm used in the I-64 shootings. Police have already linked casings from the I-64 shootings to a .22 caliber Ruger found at Woodson’s residence at Yonder Hill Farm.

While arresting Woodson on March 28, police shot Edgar W. Dawson, who was airlifted to UVA Hospital. Dawson’s lawyer, John Zwerling, said he expected Dawson to be released from the hospital by April 8. There have been no charges filed against Dawson.

County police have identified M.J. Easton, a six-year Albemarle County Police Department veteran, as the officer who fired the shots. He has been placed on administrative leave with pay, which is standard policy when an officer is involved in a shooting.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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News

Suspects arrested in I-64 shootings

Police have arrested Slade Allen Woodson and charged him with 12 felony counts stemming from the Interstate-64 and Waynesboro shootings that took place a day earlier. State police also took a 16-year-old male from Crozet into custody, who’s charged with 10 felony counts, stemming only from the I-64 shootings.

State police recovered a weapon that is “similar in caliber” to the one used in the I-64 shootings, state police Superintendent Colonel W. Steven Flaherty said at a March 28 press conference. “There is a good chance of additional charges next week.”

Six separate shootings occurred in a roughly two-hour span in the wee hours of March 27, four on or near I-64, two in Waynesboro. According to state police, ballistic testing links casings found at the shooting scenes to casings found in the car, as well as to a .22 caliber Ruger found at Woodson’s residence.


Slade Allen Woodson, 19, of Afton, was arrested for the I-64 shootings.

In addition to the 10 counts stemming from the I-64 shootings, Woodson is charged with two felony counts for the Waynesboro shootings, one at a residence on the 200 block of Commerce Avenue, the other at the Dupont Community Credit Union.

Police were able to identify a car linked to Woodson from the credit union’s security camera. The car, an orange Gremlin, was later found abandoned on Route 29N near the Albemarle-Greene county line. Ballistic evidence from the car was sent to a Maryland lab to determine if it matches the casings and bullets from the I-64 shootings.

Six vehicles were shot in a roughly 30 minute period around midnight on March 27. One was struck at the Ivy exit, and four were hit from the Route 690 overpass. All of them were traveling west. Two drivers were taken to the hospital for superficial wounds and released shortly after. An unoccupied Virginia Department of Transportation vehicle was also shot while it was parked in the VDOT station in Yancey Mills.

Two police tactical teams executed a search warrant on the morning of March 28 at 6740 Yonder Hill Farm, where five people were staying, including Woodson. After officers entered the house, a man with a handgun—who was not Woodson—confronted them. Multiple shots were fired, though police said it was unclear if the unnamed man fired any shots. Police arrested Woodson without further incident. The injured man was airlifted to UVA Hospital. No one else in the house was injured.

Woodson, who attended Western Albemarle High School, was arrested in January 2007 on felony counts of theft and arson, though he pleaded guilty to lesser misdemeanor counts of petty larceny and destruction of personal property.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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News

Teen Health Center makes Plan B more accessible

In 2006, the U.S. Food and Drug Administration approved the over-the-counter sale of Plan B, a morning-after pill that contains a large dose of levonorgestrel, a hormone in some birth control pills. Its $40 to $60 price tag, however, can prove prohibitive for many women.

But thanks to a shipment of 100 doses of Plan B and a $10,000 gift from an unnamed donor, the UVA Teen Health Center is now supplying Plan B to women under 20 for free. About 70 percent of the Center’s patients are from the city and county. Generally, UVA students are not patients.

Dyan Aretakis, a family nurse practitioner and project director at the Teen Health Center, says that thanks to the anonymous $10,000 grant, the Center is now able to administer Plan B without charging patients. But there are still limitations.

“We can’t give it to you and let you keep it in your drawer for a year,” says Aretakis. And since the pills must be taken on site, men can’t pick up Plan B for women.

“We’re looking into the prescribing issues, because we’re not pharmacists,” says Aretakis. “We know we’re compliant if we have somebody take it here. We would love to open that up to boyfriends and parents.”

Plan B, says Aretakis, can reduce the risk of pregnancy by up to 89 percent if taken within three days of unprotected sex or birth-control failure. It is often confused with RU-486, a pill that causes abortion. According to its makers, Plan B prevents the ovary from releasing an egg and may also prevent an egg from being fertilized or attaching to the uterus. It will not work if the woman is already pregnant, nor will it affect existing pregnancies.

Aretakis acknowledges that making emergency contraception this readily available may be controversial, and that some may not like it. “The majority of people we know will like it,” she says.

“We know that from having done what we do for so long that we’re not introducing kids to sex,” says Aretakis. “We’re just giving them the additional knowledge and treatment that they need to have a safer life. Kids discovered sex long before we made emergency contraception available.”

The Teen Health Center has three clinicians, and Aretakis says that in the past, each wrote fewer than 15 prescriptions a month for Plan B. She says that the Center has no expectations for demand and will continue to order it as needed.

“We want to stamp out pregnancy among young people who aren’t ready to be a parent,” she says. “I don’t think there’s anything wrong with that.”

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

Categories
Living

April 08: Just say whoa

Way back when the 21st century was young and the president was just a horse’s ass instead of a deceptive, calculating horse’s ass, I worked for a Realtor in Bethesda, Maryland—one of the top-selling Realtors in the nation, she’d have you know. And the first thing she did when she got yet another multi-million-dollar listing was send a professional photographer to spend an hour taking exterior and interior photos of the house.

When this particular Realtor landed a run-of-the-mill, three-quarters-of-a million listing, she sent me.


Sense something’s not quite right? In a transaction as big as a house sale, you should pay attention to those worrisome signs.

Granted, she was one of the best at what she did, and those six-figure houses sold just as well and as rapidly as the multimillion houses. This was, after all, 2001 in suburban Washington, D.C. The market was awhirl. But I should have been a walking red flag to those sellers that my boss wasn’t going to devote the time nor treasure to selling their houses as she was to those of her upper-tier clients.

Red flags in buying and selling homes aren’t necessarily deal-breakers, but they should get your attention. A soft market can tempt unscrupulous Realtors and lenders to cut corners or push deals. Here are things to watch for so you don’t get burned.

In both buying and selling, a Comparative Market Analysis (CMA) is essential. This is a look at houses that are currently listed and have been recently sold, among other data, which Realtors pull from the MLS system. If you are selling your house and interviewing Realtors (you should interview them like a job applicant, not pick the one with the best headshot) and he or she doesn’t bring a CMA, that should be a red flag. Either that Realtor is not on top of his or her game, or they’re time-pressed and sloppy.

If you’re buying, the CMA should be a starting point to look at the local market. Don’t be pushed around or hurried by a Realtor. Make sure they understand exactly what you’re looking for and how flexible your price range is. If the Realtor feels overtly aggressive while you’re discussing these things, or if she or he doesn’t seem to listen, that should raise a red flag. Communication is key.

If you’re selling, your interviews with Realtors should be thorough. At what price will different Realtors list your house? Why? If a Realtor tells you he or she can sell your house for what sounds like an outlandish price (and doesn’t have the CMA to back it up), that should raise a flag. You want the hard truth, not an agent who’s willing to tell you what you want to hear to get your business.

Here’s a quick list of other red flags. They may seem obvious, but people keep ignoring them.

Seller says there’s no need for a home inspection: New or resale, you need a home inspection before you close. If your Realtor disagrees, that’s red flag number two.

Dual agency: When one agent represents both the buyer and seller, he or she can’t look out for both interests. Local real estate blogger Jim Duncan (realcentralva.com) is critical of dual agency. Listen to him.

Realtor acting as loan originator: A California couple is suing their agent, who was also their mortgage broker, for selling them a house at an inflated price. Yup, sounds about right.

Individually, a red flag isn’t a reason to torpedo a deal or end a business relationship. But it’s a reason to ask a few questions, maybe toughen up your stance. A bundle of red flags, well, that’s something different altogether.

Categories
News

After 31 years, Gibson leaves Daily Progress

On April 20, 2008, Bob Gibson’s byline will appear for the last time in The Daily Progress as its political correspondent, ending his 31-year career at the paper where he built his reputation as one of the best reporters in the state. Gibson, 58, is set to become the executive director of UVA’s Sorensen Institute for Political Leadership on April 21.

“There’s nobody that The Daily Progress has—or anybody else has—that can go into that job and have it done like Bob Gibson does it,” says Bob Lewis, a reporter for the Associated Press who has worked alongside Gibson in the Richmond press corps since 2000. “You just can’t throw another body in there and hope to match what Bob Gibson gave them.”


Bob Gibson says that his departure from the Progress isn’t related to parent company Media General’s financial declines.

Gibson graduated from UVA in 1972 and joined the Progress in 1976, covering courts and police. In 1992, Gibson became the special projects editor for the Progress, where he ran a series of stories on racial disparities in sentencing in four Charlottesville area courts that had a major impact on the court system.

“I think it was one of the things that led to the formation of the public defender’s office in this area,” says Delegate David Toscano. “He spent a lot of time researching the story, and the Progress let him do it in multi-parts, something that you would not see anymore.”

Gibson’s three decades at the Progress give him a unique vantage point on a newspaper industry that has seen a sharp decline.

“Newspapers across the country are going through leaner times,” says Gibson. “The profit margins, while good, aren’t what they used to be. Many good papers are seeing positions frozen, and there aren’t the opportunities to fill them as fast as they should be refilled when somebody good leaves.”

Media General, the publicly traded company that owns the Progress, has seen its revenues and share price decline in the past two years. According to press releases on its financial situation, January revenues for its publishing division declined 14.9 percent from 2007 to 2008. In response to the declines, Media General expects to cut publishing expenses by $10 million in 2008 by lowering newsprint consumption and discretionary and compensation cost. This means smaller papers to go along with smaller salaries.

Gibson says the financial doldrums newspapers are navigating didn’t play a role in his decision to move to the Sorensen Institute.

“Mine was an individual decision based on the opportunity that all of a sudden presented itself,” he says. “It’s hard to leave this place because it’s a wonderful place to work and I’ve got great people to work with. But I have watched Sorensen grow…and frankly, I wanted to be a part of that.”

Gibson will continue to host his radio talk show on WVTF and will write occasional columns for the Progress.

“You’re only 58 once, and I think that it clicked in my mind that it’s a good time, while I’m still active and interested and passionate about so many things, to switch into a new field where I get to learn more about the things that I have interests in,” he says. “I’m looking at a job that allows me to marry all my passions to a new mission without leaving them behind. I’m very lucky.”

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

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News

State Police take second person into custody in connection with I-64 shootings [Updated March 28, 7:10pm]

UPDATE (7:10pm) A second person has been taken into custody in connection to the shootings on Interstate-64 and Waynesboro. A 16-year-old male from Crozet is currently in Virginia State Police custody. Both the 16-year old, whose name wasn’t released because he’s a minor, and Slade Allen Woodson will face 10 felony counts each stemming from the shootings on and along I-64. Woodson will also face two additional felony counts related to the shootings in Waynesboro.
State police have recovered a weapon that is "similar in caliber" to the one used in the I-64 shootings, state police Superintendent Colonel W. Steven Flaherty said at a Friday afternoon press conference. Bullets and casings from all the shootings are still being tested by the Bureau of Alcohol, Tobacco and Firearms. Flaherty said that investigators are looking into other buildings that may have been targets.
"There is a good chance of additional charges next week," said Flaherty. 
Flaherty declined to discuss in detail the relationship between the 16-year old and Woodson. "It’s safe to say they’re friends," he said. He also declined to say if police believe one or both persons did the shooting.
Police say there are no additional suspects at this time. The man shot by police during the early morning arrest of Woodson is in stable condition, Flaherty said.
Woodson will have a bond hearing at 9am Monday morning in Albemarle County Circuit Court.

* * * * * * *

UPDATE
(March 28, 12:45pm) Early Friday morning, police tactical teams arrested Slade Allen Woodson in connection to the Interstate-64 shootings that took place on March 27. Woodson, a 19 year old from Afton, has been charged with two felony counts stemming from shootings in Waynesboro. He has not yet been charged with the shooting of six vehicles on and near I-64 that injured two drivers.


Slade Allen Woodson, 19, of Afton was arrested Friday morning and is a suspect in the I-64 shootings.

Teams from the Virginia State Police and the Albemarle County Police Department entered a house at 6740 Yonder Hill Farm in Crozet at 4:48am, where, according to state police, a man with a handgun who was not Woodson confronted them. Multiple shots were fired, said state police Superintendent Colonel W. Steven Flaherty, though it is unclear whether the unnamed man fired any shots. There were five people in the house at the time of Woodson’s arrest. The injured man was airlifted to the UVA Hospital. Police did not have any information on his condition. No one else in the house was injured.

Woodson is being held at the Albemarle County Police Department and is charged with one count of destruction of property and one count of shooting into an occupied dwelling. Both charges are felonies stemming from shootings in Waynesboro.

The charges are in connection to the shooting of the Dupont Community Credit Union, located on Lucy Lane, just off I-64. According to Waynesboro Police Sergeant Kelly Walker, the credit union was fired upon between 12am and 2am early Thursday morning. Woodson is also charged with firing into an occupied dwelling in the 200 block of North Commerce Avenue, also in Waynesboro.

Flaherty said that Woodson is a suspect in the I-64 shootings and was someone “familiar to police.” Investigators found an abandoned 1974 Orange AMC Gremlin linked to Woodson on the side of Route 29, just south of the Albemarle-Green county line. Police said that the car matched images captured by security cameras at the Waynesboro credit union.

According to Flaherty, police investigators recovered ballistic evidence from the car, though he declined to give any information about the weapon allegedly used by Woodson. Police also declined to talk about a possible motive for the shootings, denying any connection to gang activity. Police are still waiting on the results of ballistic tests that a Maryland lab of the Bureau of Alcohol, Tobacco and Firearms is running on casings and bullets from the I-64 shootings.

Woodson served jail time in 2007 after pleading guilty in Albemarle County General District Court to destruction of property and to two counts of petty larceny.

* * * * * * *

UPDATE
(March 28, 9:52am): According to The Richmond Times-Dispatch, police have arrested at least one person in connection to the Interstate-64 shootings that injured two drivers early Thursday morning. The Times-Dispatch also reports that police executed a search warrant on a western Albemarle County house early this morning.

* * * * * * *

The Daily Progress is reporting that county police, state police and federal officers are investigating an assault on Yonder Hill Farm Road. The road is near the area where police searched for suspects in the I-65 shootings. According to the Progress, officials at the scene couldn’t confirm if the assault and the shootings were connected. At least one person was taken to the hospital with a traumatic injury that the Progress characterized as a likely shooting or stabbing wound.

* * * * * * *

UPDATE
(March 27, 4:06pm): The Dupont Community Credit Union, located just off Interstate-64 exit 94, was fired upon between 12am and 2am last night, according to Waynesboro Police Sergeant Kelly Walker, though police are not ready to connect the incident to the other I-64 shootings.

Rounds were shot into the credit union’s wall, its sign and through a window. A fourth round was fired through a white utility van in the parking lot. No one was injured.

Walker would not comment on evidence, so no word on whether any casings were found that could match to the other incidents. Waynesboro police are sharing information with state police.

* * * * * * *

UPDATE
(March 27, 2:15pm): The Virginia State Police are now reporting that at least six vehicles were shot early Thursday morning on and along Interstate-64. There are no additional suspects or any vehicle descriptions available at this time.

According to the press release, state and Waynesboro police are investigating a reported shooting in Waynesboro to see if it has any relation to the I-64 shootings. Ballistic tests on the bullets recovered at the shooting scenes and from vehicles are still pending.

* * * * * * *

Virginia State Police are searching for multiple suspects in three shootings along Interstate-64 that occurred early Thursday morning. Around 12:10am, said state police Superintendent Colonel W. Steven Flaherty at a press conference, police received a call reporting the first shooting. Shots continued for about 30 minutes, causing state police to close 64 for several hours from the 118 exit in Charlottesville to the 96 exit in Waynesboro.


State Police Superintendent Colonel W. Steven Flaherty briefs reporters as Albemarle County Police Chief John Miller, Albemarle County Commonwealth’s Attorney Denise Lunsford and Charlottesville Police Chief Tim Longo look on.

“I don’t have a good feel for how long this went on,” said Flaherty.

Bullet casings that police recovered are all the same caliber, though Flaherty would not say if the casings came from the same gun. Police believe that there is more than one suspect and that those suspects are still in the area. The casings have been sent for testing at a lab run by the Bureau of Alcohol, Tobacco, Firearms and Explosives. State police spokesperson Corinne Geller said that it could be a matter of hours before results from the ballistics test are available.

Four vehicles were hit by bullets, all of them traveling in the westbound lanes. Two drivers were injured, though Flaherty didn’t know whether they were hit by bullets or glass fragments. The two drivers were treated at the Augusta Medical Center for what Flaherty called “superficial” wounds and later released.

While state police are still working on a timeline for the shootings, the shots from the overpass at Route 690, at mile marker 106 on Interstate-64, were the first reported. Three vehicles traveling west were hit.

A fourth vehicle was shot at the Ivy exit on-ramp at mile marker 114. Police say that the shooter was firing from the side of the road. An unoccupied, parked Virginia Department of Transportation vehicle was also shot in the VDOT station in Yancey Mills.

Police didn’t say how many shots were fired. Flaherty confirmed that multiple shots were fired at the Ivy exit on-ramp and Route 690.

Flaherty said that all the shots were fired within a roughly 30-minute period, though police are uncertain of the order in which they were fired. Two cars, a van, a tractor-trailer and the VDOT vehicle were shot.

Flaherty said that “these appear to be a random firing” and dismissed the characterization of the shootings as the work of a “sniper.”

A team of state police investigators are working to identify suspects with the help of the Albemarle Police Department, the Charlottesville Police Department and the UVA Police Department.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

Categories
News

Hospital disqualified from charitable immunity

On the last day of February, the highest court in the Commonwealth delivered this message to aggrieved UVA hospital patients: Litigate away!

The Virginia State Supreme Court rejected a plea by UVA’s Health Services Foundation of charitable immunity, ruling that UVA hospital doctors can be sued for malpractice. With its ruling, the court sent three malpractice suits back to lower courts to be decided on their merits and stripped UVA hospital doctors of a charitable immunity defense in future lawsuits.

Lawyers for the Health Services Foundation argued that because doctors are employed by the Foundation, which describes itself in a vaguely run-on fashion as a “non-profit group practice health care provider organization,” they should be provided immunity from malpractice lawsuits in all but the most egregious cases. In looking at the Foundation’s charitable bona fides, though, the Supreme Court found them lacking.


The Virginia Supreme Court held that the Health System Foundation’s ratio of revenue to the cost of its charitable work to be too small to label it a “charitable organization.”

Justices, considering 10 factors that determine if an organization is charitable, wrote, “It is clear that that the manner in which [the Health Services Foundation] actually conducts its affairs is not in accord with the charitable purposes stated in its Articles of Incorporation.”

Don Morin, one of the lawyers representing the Foundation, declined to comment on the specifics of the court’s decision because the cases are still being litigated but offered this statement: “The University of Virginia Health Services Foundation respects the decision of the Virginia Supreme Court in these cases, and now that the cases have been returned to the trial courts, we are going to work toward their final resolution. The Health Services Foundation will continue in its mission to provide high-quality health care, medical training and medical research through its physicians.”

The court cited four factors that it said made it clear that the Foundation “operates like a profitable commercial business with extensive revenues and assets,” and thus didn’t qualify for charitable immunity. The court found that the Foundation’s ratio of revenue to the cost of its charitable work to be too small to label it a “charitable organization.”

The Foundation’s actual shortfall in 2005 for treating indigent patients was about $1.5 million, thanks in part to state reimbursement. That same year, the Foundation’s total revenue and other income totaled $225 million.

According to its articles of incorporation, written in 1979 when the foundation was created, its purpose was to improve the billing and collection process. From 2001 to 2005, the Foundation filed 16,158 warrants in debt, collecting roughly $7 million of the $124 it sought.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

Categories
News

Leading the lending fight

More features:

Caught!
How Thomasine Wilson got trapped in the payday lending cycle

Advance America’s pocketbook
The numbers on America’s biggest payday lender

Know the score
Credit reports 101

Q: Why go to a payday lender?
A: Because there aren’t better options

You call this reform?
Legislation moves interest rates from bad to worse

Much of the credit for mobilizing legislators and community leaders against payday lending goes to the Virginia Organizing Project (VOP), which has been out front on the issue of payday lending for years. After seeing its efforts to cap loans fail in the last Assembly session, VOP used a wide range of activities to make citizens aware of predatory lending practices and lobby Richmond legislators.

VOP volunteers spent the summer canvassing local neighborhoods, raising awareness about payday lending and urging people to ask their state senators and delegates to cap loans. Along with presentations to community groups, VOP also held around a dozen demonstrations statewide outside payday lending centers. VOP organized two of those demonstrations in Charlottesville.

The group’s efforts extended to Richmond, where VOP was party to more than 60 constituent meetings with legislators.

Joe Szakos, the executive director of VOP, says the legislation passed by the General Assembly is a “slight improvement in the system, but there is more work to be done.”

VOP still hopes, says Szakos, that Governor Tim Kaine will hold off on signing the bill until some changes can be made to give it more teeth. Szakos says that more credit unions are coming out with short-term loans, and faith communities are also stepping in to fill that need.

Meanwhile, VOP is working to address other predatory lending practices such as car title loans and what Szakos called the “secondary mortgage lending disaster.”

“There’s no fine lines,” he says. “To us, it’s the whole context of what happens to people when they get kicked around economically. How do we make life better?”