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Living

Rail fun: Through the countryside and under the mountain on the passenger train

Three days a week, an Amtrak train called the Cardinal rolls through Charlottesville on its way from New York to Chicago. Unless you’re planning a long trip to a city along the route (Indianapolis, anyone? Cincinnati?), you may not look twice at the train. But it’s more than a means of transport. For a family, the train can be an outing in itself.

I have a longstanding romance with trains, from the battered freight cars I saw snaking along the Pittsburgh rivers of my childhood, to the coaches I rode through Switzerland and Greece as a college student, to the BART light-rail cars that carried me to work in San Francisco. I love them all, and I consider a train journey to be a special window in time, when one’s only job is to gaze at the fascinating world crawling past.

Wanting to give my two girls a taste of that magic, I had eyed the Cardinal for a while. They’re still rather young, so I didn’t feel they were ready for a more ambitious trip, for instance, to Washington, D.C., (which would entail staying overnight, in any case). But I noticed that we could ride from Charlottesville to Staunton in the mid-afternoon, giving us about one hour on the train. All we’d need would be a driver willing to pick us up on the other side of the mountain.

I told my kids I had a surprise for them and didn’t reveal a thing until we pulled into the parking lot at the Amtrak station on West Main Street. It was a Friday afternoon. When they realized what was happening, they bounced around joyfully, just as I’d hoped they would. We waited on the platform in a state of high anticipation, gazing east down the tracks, and when the Amtrak engine finally slipped into view, the girls’ eyes grew wide. The three of us squeezed into two seats, and soon the train lurched into motion and the city started rolling past us.

One of my favorite things about train travel is that it can reveal a new side of places you thought you knew well. We drive between Charlottesville and Crozet all the time, but to see that part of Albemarle from the tracks offered a totally different perspective. It was exciting to shoot through downtown Crozet at high speed. I felt as if we were strangers in these parts again, wending our way past the unknown fields of Greenwood and beginning the long climb up the Blue Ridge. And once the train dove into the tunnel that carries it under Rockfish Gap, we entered a new realm. I felt a bit disoriented, and the girls fell silent, as we descended toward Waynesboro.

Though I’d brought along things to do—books, sketchbooks, snacks—we really didn’t need them. The girls were enchanted to be able to ride without seat belts, to feel the motion of the cars, to hear about how far these tracks could take us if we were to keep on riding. My older daughter pulled out a little notebook and wrote me a note: “Dear Mom, Thank you for this.”

When we pulled into the Staunton station, we were by no means tired of the train. But we had a new adventure before us—to explore Staunton, sans car. A block from the train station, we caught the trolley and rode it to Gypsy Hill Park, Staunton’s large (big enough to have its own golf course) and pleasantly old-fashioned greenspace.

Named for the nomadic people who frequented it in the 1800s, Gypsy Hill is highly programmed. It reminded me a little of New York City’s Central Park, with amusements from horseshoes to skate ramps and ball fields around every turn. After sprawling under a beautiful tree to nosh some snacks, the girls and I were drawn first to the large pond, where you can buy pellets to toss to the ducks and swans. Later we drifted toward the big playgrounds at the park’s other end, passing along the way another train, the Gypsy Express—this one a child-size railroad that tootles around the park on weekends.

After a while, my husband heroically appeared to drive us back to Charlottesville in an ordinary car. It was the end of a legendary day, one we’ll talk about for a long time to come.

If you go

Amtrak’s Cardinal route runs between New York and Chicago and passes through Charlottesville, heading west, on Sunday, Wednesday, and Friday at 1:52pm. Tickets to Staunton cost $12 for adults, and for each adult, one child gets a half-price fare (Amtrak.com). Gypsy Hill Park is located at the intersection of Churchville and Thornrose avenues.

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News

In brief: FOIA fun, both sides—not, gabapentin implicated, and more

You say sunshine, we say FOIA

Reporters know one of the greatest tools for keeping the public informed is FOIA—the Freedom of Information Act. As Virginia Code notes: “The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government.” Federal and state FOIA laws ensure that public meetings and information are truly available to the public.

Sunshine Week, an annual event to promote freedom of information and open government, falls around father-of-the-Constitution James Madison’s March 16 birthday. Smart Cville and the Virginia Coalition for Open Government hosted a FOIA panel March 25 for people appointed to boards and commissions, and we figured it’s never too late to share some FOIA highlights.

“We organized this event because we value transparency and knew others, within government and outside, have similar values,” says Smart Cville founder Lucas Ames. “If we’re truly committed to transparency and openness, it’s important that we take steps to promote those ideals, including educating local citizens who sit on boards and commissions that fall under the Virginia Freedom of Information Act.”

Megan Rhyne, executive director of the Virginia Coalition for Open Government, regularly fields FOIA questions, and ran down a few of the most common.

1. How to request: A FOIA request doesn’t have to be written, but it’s a good idea. An email can read: Under the Freedom of Information Act, I’m requesting all records from DATE to DATE that deal with X. Please provide an estimate to fulfill this request.

2. Fees: People aren’t always aware that they can be charged for copies of documents, particularly those that involve a lot of staff time to pull together. Government bodies can give you an estimate—but you have to ask for it, says Rhyne.

3. Response: A government body has five days to reply. Typical exemptions to FOIA: police investigative files, personnel records, working papers.

4. Not exempt: Messages dealing with public business on personal devices and in personal accounts. Government employees’ salaries must be disclosed.

5. Meetings: FOIA also mandates that the public be notified of meetings of elected and appointed officials, and these meetings are supposed to be open to the public. But the law does not require public comment, which surprises a lot of citizens, says Rhyne. Public notice of a meeting is required, except for staff meetings. Three or more members of an elected or appointed body cannot meet for coffee to talk about public business unless the public is notified.


Quote of the week

“In Charlottesville and around the globe, we stand firmly in stating: There are not very fine people on both sides of this issue.”—Charlottesville Police Chief RaShall Brackney on the racist threat that closed city schools


In brief

Albemarle ditched

Last spring, Governor Ralph Northam was here to tout construction software company CoConstruct’s $485,000 investment that would create 69 new jobs in Albemarle County. On March 22, CoConstruct announced it was moving to downtown Charlottesville and will lease 40,000 square feet in the five-story office building under construction on Garrett Street. 3TWENTY3 bought the property from Oliver Kuttner for $5.4 million in October.

Crozet crash

Jack Looney

The National Transportation Safety Board released its 1,600-page report on the January 31, 2018, collision of an Amtrak train and a Time Disposal garbage truck. The NTSB concluded the truck went around downed crossing arms and driver Dana Naylor, who was acquitted of criminal charges last month, was impaired by marijuana and gabapentin, a drug used to control seizures or relieve nerve pain, for which he didn’t have a prescription.

Farm scuttled

Developer Justin Shimp’s plans to build the controversial Hogwaller Farm, an apartment complex and urban farm concept that would straddle Charlottesville and Albemarle, were put on hold when City Council voted 3-2 to deny a rezoning request necessary to build an on-site greenhouse. Shimp says he’s planning to pursue a similar opportunity on the property, according to Charlottesville Tomorrow.

Equity loans

Charlottesville launched its Business Equity Loan program earlier in March for existing businesses whose owners are socially disadvantaged either by race, ethnicity, or gender. The city allocated $100,000 to the Wes Bellamy initiative, and applicants who have been in business for at least six months can apply for loans from up to $25,000, according to Hollie Lee, an economic development specialist.

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News

Not guilty: Trash truck driver acquitted in fatal train crash

Garbage truck driver Dana Naylor was found not guilty for his involvement in a crash that made headlines last year, when an Amtrak train carrying GOP congressmen smashed into his truck in Crozet.

The crash killed Naylor’s friend and coworker, Christopher Foley, who was one of two passengers. The other, Dennis Eddy, was severely injured.

Naylor, 31, was charged with involuntary manslaughter. The prosecution contended that he was criminally negligent and alleged he drove his truck around the downed gates at the Lanetown Road crossing, and that statements he made to police and medical responders in the immediate aftermath—that he was trying to beat the train, and that he had ruined his life and killed his friend—proved guilt.

But defense attorney William Tanner said prosecutors didn’t have sufficient evidence to prove how Naylor got on the tracks. Tanner told jurors they should believe the driver’s original statements that he saw the crossing’s warning lights flashing, tried to cross, and got caught in between the gates that came down around him.

Albemarle County Circuit Court Judge Cheryl Higgins struck an additional DUI maiming charge after hearing expert testimony from a forensic toxicologist, who said the level of THC, the psychoactive component in marijuana, in one’s blood does not correlate to the level of impairment.

The commonwealth initially intended to argue that Naylor was impaired during the crash because a blood test found marijuana in his bloodstream. A cop, claiming he smelled beer on Naylor, obtained a search warrant, but the test turned up no traces of alcohol.

Outside of the presence of the jury, prosecutor Juan Vega asked Dr. Jayne Thatcher, from the Virginia Department of Forensic Science, to explain a 2006 study by a behavioral oncologist that related THC levels to impairment. But his plan to link the two backfired when Thatcher said she couldn’t rely on the THC level alone. And the prosecution didn’t have any other evidence from witnesses who observed Naylor at the time of the accident.

Commonwealth’s Attorney Robert Tracci had this explanation: “You can imagine fewer buzzkills greater than a trainwreck.” Had Judge Higgins allowed the charge to move forward, he said he would have presented evidence to the jury that investigators found weed in a tube of Carmex lip balm, which was inside Naylor’s lunchbox in the cab of the truck. He also said there was a “marijuana pipe” found right next to the vehicle on-scene.

Outside the courthouse, after the jury deliberated for several hours to reach the not guilty verdict on the remaining involuntary manslaughter charge, reporters questioned Tracci about whether he thought he would have been able to get a conviction if he’d been able to introduce the additional evidence.

“I think the jury wasn’t able to consider the totality of circumstances supporting the commonwealth’s charging decision,” he said. “They made their decision. We respect that outcome.”

In most states, including Virginia, it’s illegal to drive with a blood alcohol content over 0.08 percent, but states vary when it comes to THC levels and impairment. Currently, Virginia does not have an established limit, and Tracci told reporters he hopes the General Assembly will reconsider establishing one.

In Colorado, you could get a DUI if a blood test reveals five nanograms of THC in your system. Naylor’s test revealed nearly seven nanograms. But because THC can linger in one’s system for weeks, Naylor’s THC levels do not prove he was high at the time.

Over the course of the three-day trial, jurors heard from nearly 30 witnesses, all but one called by the prosecution.

Greg Gooden, who oversees railroad signal maintenance at that crossing in Crozet, said before a train passes, lights and bells will blink and ring for approximately four or five seconds, and then it takes about 12 or 14 seconds for the gates to descend. They must be fully horizontal for at least five seconds before the train crosses, and they’re “not very hard” to drive through in the event of an emergency, he said.

Gooden added that there haven’t been any reported malfunctions at the Lanetown crossing, as far as he’s aware.

Sole defense witness Mandy Snow contradicted Gooden’s testimony. The lifelong Crozet resident said she’s lived in the immediate vicinity of the tracks for two years, crosses them four or five times per day, and that it’s not unusual for the gates to malfunction.

“I’ve also noticed that they don’t come down in time,” she said, adding that she’ll often drive over the crossing and then hear a train barrel past her within seconds. “In my opinion, there’s not enough warning.”

In Tracci’s closing argument, he said her testimony wasn’t reliable, and that Naylor acted with total “reckless disregard for human life” when he decided to try to beat the 60mph train that day in January 2018.

Tanner encouraged the jury to use their common sense in his closing, and asked, “Why would he endanger his crew? …Why in the world would he do that to save about a minute?”

Then Tracci closed out the trial with his own question: “If this isn’t a crime and this isn’t criminal negligence, I ask you again, what is?”

It turned out to not be an easy question to answer. After the verdict, an anonymous juror told reporters the panel’s initial vote found Naylor guilty of involuntary manslaughter by 10 to two.

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News

Trash truck driver fights DUI charge

First he was hit by a train. Now his attorney is attempting to prove that he was also hit with a bogus DUI charge.

Dana Naylor, the driver of the garbage truck that was hit by an Amtrak train in Crozet last year, was in court January 22 to dispute evidence being used against him. The event made national headlines because the train was chartered by Republican congressmen en route to a retreat at The Greenbrier.

Naylor is charged with involuntary manslaughter and DUI maiming in the accident that left Christopher Foley dead, and Dennis Eddy seriously injured.

The prosecution is alleging that Naylor was under the influence of marijuana when he steered around the downed gates and attempted to drive the Times Disposal truck across the tracks before the train barreled into it.

Naylor tested positive for THC after the accident, but attorney William Tanner is arguing what many marijuana studies have already suggested—that THC levels aren’t an indication of impairment, and that the active ingredient in marijuana can stay in one’s system for a couple months after smoking it. He asked that the toxicology report be thrown out.

However, it’s Commonwealth’s Attorney Robert Tracci’s position that the presence of THC in Naylor’s blood at the time of the crash, coupled with statements he made afterward about trying to beat the train, prove that he was impaired.

The defense is also requesting a special hearing, called a Frank’s hearing, where Tanner would challenge the credibility of the police officer who obtained the search warrant needed to collect blood and urine samples. According to Tanner, the officer who was with Naylor in the hospital after the crash was only able to get the warrant by saying he smelled alcohol—and that Naylor’s wife agreed.

But Naylor’s wife contends she never said the smell was alcohol and in fact suggested that it was coming from the hospital, according to the attorney. And the test detected no alcohol in the driver’s blood.

Tracci says the cop never explicitly said Naylor’s wife agreed that the odor was alcohol, and for such a hearing to be granted, the prosecutor says there must be allegations of deliberate falsehood or reckless disregard for the truth.

Judge Cheryl Higgins ruled not to throw out the toxicology report, and said she needed time to consider granting a Frank’s hearing. She’s scheduled to give her decision January 30.

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In brief: Get off the tracks, a Klansman’s plea and and a misidentified racist

See tracks? Think train

That’s advice from Dave Dixon, the safety and compliance supervisor of the Buckingham Branch Railroad, who notes the national increase of railroad crossing fatalities this year.

One of them happened here. An Amtrak carrying GOP congressmen smashed into a garbage truck on Crozet
train tracks in January, killing 28-year-old truck passenger Christopher Foley.

In an increased effort to educate drivers, Dixon offers advice for what to do if your car gets stuck on the crossing:

1. Evacuate the car and get away from the tracks.

2. Call the number on the blue sign at the crossing, not 911.

3. If a train approaches, run toward the train at a 45-degree angle and away from the track.

4. Don’t run down track, where the train could knock the vehicle into you.

Other tips:

  • Don’t drive around the gates.
  • Never try to “beat a train.”
  • At private crossings without gates, stop, look and listen before crossing.
  • Before crossing, be sure there’s enough room on the other side to safely clear the tracks.
  • If the gates are down while you’re on the crossing, drive through the gate. It’s designed to break away.
  • Report any malfunctioning gates, lights or other problems to the number on the blue sign.

Preston pleads

Courtesy of an ACLU video

An imperial wizard of Baltimore’s Confederate White Knights of the KKK, who was charged with firing a gun within 1,000 feet of a school at the Unite the Right rally, pleaded no contest May 5, just one day before his trial was scheduled to begin. Richard Preston was aiming his gun at Corey Long, who pointed a homemade flamethrower at the Klansman in a photo that went viral.

High-paying jobs

Ralph Northam

Governor Ralph Northam was in town May 2 to tout CoConstruct, a web-based company in Albemarle that helps custom homebuilders and remodelers manage their projects, and its plans to expand its IT ops and hire 69 new employees, some of whom will earn over $100,000. Secretary of Commerce and Trade Brian Ball called Charlottesville the “Camelot of Virginia.”

Northam noncommittal on Soering

In his second visit to Albemarle County in five days, Northam was at the Virginia Humanities’ folklife showcase when WVTF’s Sandy Hausman asked him about the pardon petition for Jens Soering amid increased calls from law enforcement supporting Soering’s innocence. Northam said he will stand by the decision of the parole board, which has denied parole 13 times.

Sage Smith episode

DaShad “Sage” Smith

Charlottesville police are still looking for leads in the homicide of Smith, who was last seen November 20, 2012. The disappearance is the subject of an episode on the Investigation Discovery channel show “Disappeared.” “Born this Way” airs at 7pm May 9. Police also seek information on the whereabouts of Erik McFadden, who was supposed to meet Smith the day of her disappearance.

Greene official charged

Larry Snow, Greene County commissioner of revenue, was charged with four felonies for use of trickery to obtain information stemming from a DMV investigation, according to the Greene County Record. Snow, 69, was first elected in 1987. In 2010, he was convicted of practicing law without a license, a misdemeanor.

Bad babysitter

Yowell-Rohm

Kathy Yowell-Rohm pleaded guilty to felony cruelty or injury to a child and operating a home daycare without a license after police found 16 children—most with seriously dirty diapers—from a few months old to age 4 in her home last December. She also pleaded guilty to assaulting an EMT in a parking lot at the November 24 UVA-Virginia Tech football game.

Terrys end treestand-off

Mother Red Terry, 61, and daughter Minor Terry, 30, came down May 5 from the trees on their property near Roanoke where they’d been camped since April 2 to protest the Mountain Valley Pipeline after a federal judge found them in contempt and said she’d start fining the Terrys for every day they defied her order.

Quote of the Week

“Out in the fresh air and sunshine, he could just have walked away.” —Judge Rick Moore at the trial of Alex Michael Ramos, who was convicted of the malicious wounding of DeAndre Harris.

Misidentified racist

Don Blankenship, Larry Sabato and MyPillow Guy Mike Lindell

It’s always best if the offended has a sense of humor.

A Huffington Post Instagram account called @huffpostasianvoices posted a photo of UVA’s Larry Sabato along with a story called, “GOP Senate Candidate: ‘Chinaperson’ Isn’t Racist,” referring to Don Blankenship, the West Virginian who recently used the racial slur, and who CNN editor Chris Cillizza has called “the worst candidate in America.”

Sabato did appear in an interview for the story, and on Twitter, he said, “After a loyal former student alerted me to the photo mix up, we reported it and it was quickly corrected.”

Blankenship isn’t his only doppelgänger. Two years ago, reporter Megyn Kelly noted that Sabato looks strikingly similar to the MyPillow infomercial salesman.

Tweeted the founder and director of the university’s Center for Politics, “After all, Don Blankenship, MyPillow guy and I all have a mustache, and everyone knows all mustachioed men look alike.”

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Time Disposal employee killed in Crozet train crash

More details on the January 31 fatal collision of an Amtrak train carrying Republican congressmen and a Time Disposal garbage truck at a railroad crossing in Crozet were released Thursday, and the National Transportation Safety Board lead investigator says the agency is aware of reports of issues at the crossing at Lanetown Road.

Christopher Foley, 28, of Louisa died at the scene when the truck upon which he was a crew member and a passenger was hit.

The Washington Post reports that Representative Phil Roe of Tennessee, a retired OB/GYN who was on the train, said, “I think it was a instantaneous death. I don’t think he suffered.”

On its Facebook page, Time Disposal says, “[W]e find ourselves in shock and with heavy hearts. Yesterday we lost an employee and a brother, his one-year-old son and mother of his child lost a father.” The company set up a GoFundMe account for his family, which has so far raised nearly $34,000.

The chartered train that was carrying GOP legislators to a retreat at the deluxe Greenbrier resort in White Sulphur Springs, West Virginia, was going 61mph, said Pete Kotowski, NTSB investigator in charge of the investigation at a press conference. The speed limit for that crossing is 60mph.

A data recorder indicated the train was going full throttle at 11:20am, and one second later it went to idle, which means it was braking, said Kotowski. “The train came to rest approximately 20 seconds after the throttle went to idle,” he said.

A video recorder on the front of the train was damaged, but has been sent sent to Washington for examination. The recorder, said Kotowski, could reveal more about whether the crossing arms were down when the train went through, as will electronic components taken from the signal.

He says it will be 12 to 14 months before the investigation is complete.

Reports of issues with the crossing equipment have been widespread since the crash.

Benny Layne, who owns the land at Marymart Farm where the shredded truck came to rest, told the AP he’d seen the crossing arms stay down for hours when no train was coming, and that he’d seen someone working on the signal earlier this week.

Timothy Griffith, who lives in nearby Grayrock, says during the four years he’s lived there, “I remember one occasion when the arms were down for no reason.”

Six people were taken to the hospital, and one, a Time Disposal employee, is in critical condition.

Local musician Jamie Dyer says that’s his nephew. “I can’t believe he’s alive,” says Dyer.

Dennis James “DJ” Eddy is in his mid-20s, had only been working for Time Disposal for a couple of weeks and was sitting in the middle of the cab when “the train hit the back of the truck and flipped it around,” says Dyer.

DJ Eddy photo courtesy Jamie Dyer

Dyer says the FBI came to the hospital room of the driver of the truck to draw blood, and he’s worried “they’re trying to pin it on this driver.”

The driver is 30 years old and has worked for Time Disposal for seven years, says Kotowski.

The waste company has been in business 33 years, employs 17 drivers and has 15 vehicles. The NTSB investigator says it’s had six roadside safety checks and two vehicle were placed out of service. Time Disposal trucks have had two crashes, one in 2015 and another in 2016.

The garbage truck, locomotive and train cars have all been removed and will be examined, says Kotowski.

So far the NTSB has interviewed four witnesses, and the agency is urging anyone who saw anything to contact them.

Among the lawmakers on the train were Senator Jeff Flake, who said the incident was reminiscent of last summer’s baseball field shooting, Senator Ted Cruz and House Speaker Paul Ryan, who offered prayers for the victims and injured and who said, “I’m just so thankful for the people who sprung into action today.”

 

 

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Amtrak train and garbage truck crash in Crozet

An Amtrak train carrying GOP congressmen bound for the The Greenbrier resort in West Virginia hit a garbage truck at Lanetown Road in Crozet around 11:20am today. One person is reported dead, according to NBC29, and UVA says three people have been transported to its hospital, one in critical condition.

Photo Jack Looney

Amtrak says two passengers and two crew members were transported to the hospital with minor injuries. The train is now headed east from Crozet.

Photographer Jack Looney lives near the crash site, and he says a Time Disposal truck was involved in the collision. “It’s like a big trash truck, just destroyed.”

He says sources at the scene say three men were on the truck, one of whom died and one in critical condition.

The back of the garbage truck was sheared from the front. Photo Jack Looney

The railroad crossing does have a gate, says Looney.

The lawmakers were on the way to a GOP retreat. Senator Jeff Flake was reported on the scene and representatives Roger Marshall, a doctor, and Jeff Fortenberry assisted at the scene.

Heavy security is now at the Amtrak station at West Main Street in Charlottesville, where sources say seven coach buses are waiting.

Update 3:33pm: Legislators are now traveling by bus to The Greenbrier.

This is a developing story.