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In brief: Court rules on tax suit, CPD report released, and more

To tax or not to tax

The Virginia Supreme Court is considering the merits of an appeal brought by the City of Charlottes­ville in a lawsuit over who is required to pay its business license tax.

Best-selling author Corban Addison sued the city in 2019 after receiving a letter telling him he was required to pay the tax based on his income as a freelance writer for current and previous years.

“I have lots of author friends, and none of them at that point that I knew was paying a business license tax in the county or the city,” Addison says. “It was just sort of logical because I wasn’t inviting customers. I didn’t have… a physical plant that was just creating intellectual property and licensing it to publishers.”

Addison, who is also an attorney, read the city code and didn’t see how it applied to freelancers. 

“My response to the city was, how am I a service? I mean, that really is the nub. The fundamental issue in the case, even now in front of the Virginia Supreme Court,” says Addison.

The Charlottesville Circuit Court agreed with Addison and ruled against the city. The Virginia Supreme Court heard arguments in the city’s appeal on April 20.

Attorney Keith Neely with the Institute for Justice, the organization representing Addison, says the Virginia Supreme Court’s ruling could have significance well beyond the City of Charlottesville.

“There are many municipalities across the state of Virginia that share similar tax codes,” says Neely. “So this could have some far-reaching ramifications on taxpayers across the commonwealth.”

A similar lawsuit brought by author John Hart in Albemarle County has been stayed while the Charlottesville appeal continues.

Same pattern

Last week, the Charlottesville Police Department released its 2021 annual report, revealing the continued disproportionate arrests of Black residents.

Both in 2020 and 2021, 56 percent of people arrested in Charlottesville were Black, while 42 percent were white. Only about 15 percent of the city’s population is Black, according to the 2020 census.

However, 2021 had 831 arrests—a slight decrease from 2020’s 922 arrests.

Last year, there were no homicides, but around a 20 percent increase in “crimes against persons,” including 19 forcible rapes, 121 aggravated assaults, and 496 simple assaults. In 2020, there were four homicides, 17 forcible rapes, 115 aggravated assaults, and 368 simple assaults.

Though there was a slightly more than 5 percent drop in “crimes against society” in 2021, there was about a 17 percent rise in “crimes against property,” largely burglaries, destruction of property, thefts of motor vehicles, and other larcenies. The largest uptick was thefts of motor vehicle parts or accessories, which rose from 47 incidents in 2020 to 172 in 2021.

Despite calls from community members to reallocate police funding to community services, this month City Council approved a $20 million CPD budget for the next fiscal year—a nearly 7 percent increase from last year.

CPD’s 2021 annual report shows that arrests in the city have dropped, but the disproportionate arrests of Black people has continued. 
Photo: City of Charlottesville

In brief

High roller

It could be your lucky day—a Powerball ticket worth $50,000 purchased at the Fas Mart on Rolkin Road on November 1 hasn’t been claimed. The ticket matched four of the first five winning numbers—9, 25, 34, and 44—and the 8 Powerball. The winner must contact the Virginia Lottery before 5pm on May 2 to take home the prize. 

Order up

After doing takeout only at its new IX Art Park spot for the past two years, Lampo will reopen its original Belmont location for dine-in this summer. But if you still want to grab a slice to go, Lampo2GO will remain open at IX.

No relief

The Virginia Rent Relief Program will stop accepting new applications on May 15. State officials claim the program has recently received a surge in applications, and may not have enough funding available to fulfill the requests. Those from households that make less than half their area’s median income—or with one or more people who have been unemployed for at least 90 days—will be prioritized until the deadline. 

Slow down

The family of Rahmean Rose-Thurston unveiled a new memorial on Fifth Street last week, in honor of the 23-year-old Charlottesville resident who died in a motorcycle accident on the road in 2020. In the last six years, seven people have died in accidents on Fifth Street. Last month, the city lowered the speed limit from 45 to 40 mph, and announced plans to hire an engineering firm to consider additional safety improvements.

Anti-anti-racism

Former Agnor-Hurt Elementary assistant principal Emily Mais filed a lawsuit against Albemarle County Public Schools claiming school employees harassed and retaliated against her after she used the term “colored people”—instead of “people of color”—during a training session, and complained about the division’s anti-racism policy. The complaint alleges Mais, who is white, was forced to resign due to a “racially hostile and divisive work environment” in August. 

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‘Commie killer’ Daniel Borden enters plea, is found guilty

Another man charged with malicious wounding in the August 12 Market Street Parking Garage beatdown of DeAndre Harris has been convicted.

Daniel Borden, whose local TV station and newspaper have said he was known for his swastika drawings and Nazi salutes in high school, was 18 years old when he traveled from Maumee, Ohio, to Charlottesville for the Unite the Right rally.

He entered an Alford plea in Charlottesville Circuit Court on May 21, which isn’t an admission of guilt, but an acknowledgement that there’s enough evidence to convict him. Judge Rick Moore did, indeed, find him guilty.

“His argument is he didn’t have malice in his heart or mind when he did this,” said defense attorney Mike Hallahan. The felony charge carries up to 20 years in prison.

Assistant Commonwealth’s Attorney Nina-Alice Antony—who noted that Borden was wearing a white construction hat with “commie killer” written on it during the attack—said videos show the teenager beating Harris with a wooden object while Harris was already on the ground, which the judge agreed was enough evidence for the malicious wounding charge.

Hallahan previously argued that Borden wouldn’t be able to get a fair trial in Charlottesville, and said at a March 29 motions hearing that the city has shown an “absolute sheer bias” against rally participants by pursuing charges against them but not prosecuting people for jaywalking or blocking Fourth Street during the car attack in which a white supremacist rammed his car into a crowd of people, killing Heather Heyer and injuring many others. Fourth Street was supposed to have been closed during the rally.

After two two-day trials for assailants in the same case, juries convicted Jacob Goodwin, from Arkansas, and Alex Ramos, from Georgia, and recommended a sentence of 10 years and six years, respectively. The judge will formally sentence both men in August.

Borden, who told the judge he’s currently working on getting his GED, is scheduled to be sentenced October 1, exactly one month from his twentieth birthday.

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He said, she said: Ex-cop acquitted of sexual assault

 

It was his word versus hers, and in a two-day trial, a jury believed him.

In the case where ex-Charlottesville Police Department officer Christopher Seymore was charged with forcibly sodomizing Ronna Gary—twice—in her Shamrock Road home, a jury deliberated four-and-a-half hours and found him not guilty on both counts.

Gary claimed that two November 18, 2016, sexual encounters with Seymore were against her will—that he was a cop, with a badge and a gun, and when he unzipped his pants, she felt pressured to her knees in her living room, where she says she had no choice but to perform oral sex on him.

“What was I supposed to do,” Gary said during her lengthy testimony. “He’s a cop.”

Christopher Seymore. Courtesy of the CPD

Seymore was responding to a hit-and-run incident on her street early that morning when Gary came outside, told the officer what she saw and invited him into her home while he waited for a truck to tow the impaired vehicle. And although they both agree that after the truck came Seymore removed his body camera and went back inside Gary’s house, the two accounts diverge from there.

Before the trial, Gary had spoken to multiple media outlets—including C-VILLE—about her version of what happened. But it was in Charlottesville Circuit Court on March 5 that the public heard Seymore’s side of the story for the first time.

When he took the witness stand, the former cop said Gary had been flirting with him throughout the night.

Internal affairs investigator Brian O’Donnell, who viewed Seymore’s body cam footage, also testified he thought Gary seemed flirtatious. (Because of a miscommunication, it was not preserved.)

She said he could come to her house any time without a warrant, Seymore said. When she showed him around her abode, she allegedly took him to the bedroom and said, “This is where the magic happens.” Seymore said she called him “the hottest cop [she’d] ever seen.”

“She made me feel good,” Seymore testified. “And I hadn’t felt good in a long time.”

The former cop said he’d been married since February of that year. His wife had just given birth to their son, who is now 18 months old. Seymore also has full custody of his 7-year-old daughter from a previous marriage, and he testified that in the same year of the offense, his wife’s dog had attacked his daughter, his daughter was hospitalized with severe asthma, he suffered from post traumatic stress disorder from his time serving as a sergeant the U.S. Army, and his wife was coping with postpartum depression.

“My life was in shambles,” he said. “[Ronna] made me feel liked.”

After she performed fellatio on him, Seymore said he went to the police department to finish writing his report for the hit-and-run.

Gary testified that she took a sleeping aid and was awakened by a loud banging on her bedroom window a few hours later, around 7:45am. It was Seymore. He was back, dressed in plainclothes and asking to come inside.

Seymore testified that about five minutes after he asked to come inside, she appeared in a “very sexy piece of lingerie.” He said she led him to her bedroom where she asked to have intercourse, but after she couldn’t find a condom, she performed oral sex for the second time. The two discussed that Seymore would come back next time he was on duty. He’d go buy a “big box” of condoms and leave it at her house, he said.

Gary testified she performed oral sex both times because she was intimidated and she feared what would happen if she didn’t. She denied inviting him back.

Defense attorney Elizabeth Murtagh showed the jury texts that Gary sent her ex-boyfriend shortly thereafter. One message said Seymore was only 34, noted the size of his penis, that he had a “body from hell” and that he “likes handcuffs.”

The officer never came back. Gary made contact with Seymore about 10 days later when the two exchanged several phone calls. In one of them, they both testified they chatted casually about Thanksgiving and their families. Seymore said Gary asked him to loan her money to buy Christmas presents for her kids—a claim that she denies.

Call logs show that after she hung up the phone, she dialed Officer Declan Hickey, an acquaintance who had helped her initially get in touch with Seymore. Hickey testified that this is when Gary told him Seymore forcibly sodomized her. He reported it, and the whirlwind began.

Murtagh painted Gary as a money hungry woman with financial issues. She called the case a “cash cow” for Gary, who told friends that she could make a million dollars off of it, an allegation Gary didn’t dispute. The attorney showed the judge an issue of C-VILLE Weekly in which it was reported a friend had created a crowdfunding site for Gary to raise enough money to move out of Charlottesville.

Murtagh called Martin Kumer, the superintendent of the Albemarle-Charlottesville Regional Jail, to testify about another instance in which Gary allegedly asked for money. Kumer said Gary filed an undisclosed complaint against the jail, so he went to her house to investigate it.

“She slid a piece of paper across her coffee table,” Kumer said, and told him she wouldn’t go to the media if he paid the amount she had written on the paper. It was $5,000.

Murtagh also questioned the alleged victim’s credibility. She told the jury about a 2005 case in Howard County, Maryland, in which Gary “fabricated” a “pretty outrageous” story that involved a carjacking and an abduction and was found guilty of filing a false police report.

In her closing argument, she asked the jury why people lie—and said it’s often to self promote.

“I know [lie] is a strong word, but it’s the word I’m using,” Murtagh said.

Commonwealth’s Attorney Joe Platania said the jury must decide if Garly truly made a voluntary decision about what she wanted to do with her body. He said the whole case boils down to two words: “submission and consent.”

“The jury worked hard on this case,” said Judge Rick Moore before the verdict was announced. He noted the attentiveness of the group of six men and six women who had to decide the fate of Seymore, who faced life in prison.

Gary, who was visibly emotional throughout the two-day trial, didn’t shed a single tear as the clerk read the verdict at 11:30pm on March 6. A red-nosed jury member could be seen wiping her eyes, however.

“It’s been a long journey for her and I think she’s also going to take some time to digest it,” Platania said outside the courtroom. “It’s an emotional evening for her.”

Seymore’s wife, who reached out to this reporter, declined to comment on the record.

Murtagh did not respond to an interview request.

In a March 8 phone call with Gary, she said she was packing up her things and planning to move out of Charlottesville by the afternoon. She says she leaves behind the “love of her life,” and a community she’s made safer by working undercover as a confidential informant for the Jefferson Area Drug Enforcement task force, which was revealed during the trial.

“It’s International Women’s Day and I don’t feel like women are celebrated today,” she says. “This has been devastating. My life will never be the same.”

She calls the past year and a half “painful and exhausting.”

“I did not do this for money,” she says. “There is nothing glamorous about a rape trial.”

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Split decision: Shooter gets bond, alleged assailant doesn’t

 

Two ponytailed Unite the Right participants represented by the same Blairs, Virginia-based lawyer had different fates in their January 4 bond hearings in Charlottesville Circuit Court.

Judge Humes Franklin granted 52-year-old Baltimore resident Richard Preston, an imperial wizard of the Confederate White Knights of the KKK who was filmed firing a gun during the August 12 Unite the Right rally, a $50,000 cash bond with the instruction to not leave the state, possess a firearm or “engage in any assemblies, if you will.”

Defense attorney Elmer Woodard called on Billy Snuffer Sr., the imperial wizard of the Rebel Brigade Knights of the True Invisible Empire, who testified he had a “trailer down on the farm” in Martinsville, where he would allow Preston to live pending his three-day trial in May.

Snuffer, who told the judge he owns Snuffer’s Auto Repair in Buchanan, offered to give Preston a job while out on bond, but it is unclear whether the judge will allow Preston to leave the trailer for matters other than court and to meet with his attorney, who also represents several other white nationalists, including “Crying Nazi” Chris Cantwell.

In a separate hearing on the same day, Jacob Goodwin, a 22-year-old from Arkansas who allegedly participated in the Market Street Parking Garage beatdown of DeAndre Harris, was denied his shot at getting out of jail.

Goodwin, wearing all-black clothing, black goggles, a helmet and carrying a shield on August 12, can be identified in widely circulated videos of the attack, but Woodard told the judge his client was simply walking to his car in the garage when he encountered two groups of people “exercising their First Amendment rights with great vigor,” and unintentionally became involved in the scuffle.

“I was walking and DeAndre Harris come sprinting at me,” Goodwin testified. “He come at me, kind of bounced off my shield and I kicked him.”

On a small scrap of paper, Woodard offered to the judge an address apparently near Richmond where a friend identified by the prosecution as Eric Davis had invited Goodwin to live, if granted bond.

When Franklin asked how long Goodwin had known the Central Virginia resident, the Arkansas man first said four months, but quickly changed his answer to about a year. No one could determine whether Goodwin’s friend, whom he said he met at a “political meeting” in Kentucky and roomed with in hotels, lived in a house or apartment near Richmond, or whether he has a criminal record.

As Franklin was in the process of denying the request for bond, Matthew Heimbach—a co-founder of the Traditionalist Worker Party and Holocaust denier often considered to be the face of a new generation of white nationalists—approached the defense and whispered for several seconds before a deputy ordered him to sit down.

“Apparently someone in the courtroom has the answer to your questions,” interjected Woodard, but the ruling had already been made, Heimbach had already retaken his seat next to Unite the Right organizer Jason Kessler and Franklin said he was done with that hearing for the day.

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Group protests Ricky Gray execution

Just hours before Ricky Gray’s scheduled execution for the murders of a Richmond couple and their two young daughters, a group of locals opposing the death penalty formed in front of Charlottesville Circuit Court.

“Killing is not a solution. It’s never a solution,” says Virginia Rovnyak. “Mr. Gray, in particular, deserves some mercy in his life.”

Gray was allegedly subjected to rape and abuse at a young age, which led to the development of a drug addiction by the time he was 12 years old, she says. Gray pleaded guilty and was sentenced to death in 2006.

“The murders were a terrible thing to do,” Rovnyak says, adding that Gray was allegedly using PCP when he invaded the home of victims Bryan Harvey, his wife, Kathryn, and their children, 9-year-old Stella and 4-year-old Ruby. He allegedly slit their throats, beat them and then set their house on fire. “The state should not also set an example of violence,” she says.

Bryan Harvey often played with his band, The Dads, in Charlottesville in the ‘80s.
Gray also confessed to murdering his wife, Treva Terrell Gray, as well as being an accomplice in the murder of Ashley Baskerville, who allegedly assisted in the Harvey family murders.