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Another plea agreement: Felony drug charges likely dismissed

The man involved in the county’s first fatal traffic crash of 2016 pleaded guilty to possession of heroin, cocaine, a generic form of Xanax and to reckless driving in Albemarle County Circuit Court June 21 as part of a plea agreement.

On March 15, 2016, Frayser “Kip” White IV allegedly crossed double-solid yellow lines in his Audi on Ivy Road and collided head-on with 81-year-old Carolyn Wayne, who was driving a Buick and died at the scene.

Though he was sentenced to 18 months and given credit for the several months he has already served, White—whose grandfather founded Virginia Oil and whose father-in-law is director Hugh Wilson—turned to the victim’s family and said, “My actual sentence is a life sentence of sorrow and pain.”

“No words can express my sorrow,” he said. “It’s a tragedy for which I take full responsibility. …I also ask what I can do, if anything, to help your family begin to heal.”

At the scene of the wreck, a witness allegedly saw White drop something behind a nearby bush before police arrived. Upon inspection, officers found it to be a foil packet of alprazolam, the generic form of Xanax, for which White did not have a prescription. The other drug charges—both felonies—stem from residue police say they found in a baggy in his car.

White was initially charged with his second DUI in five years, but prosecutors dropped the charge after finding no evidence he had been drinking. Blood tests revealed no alcohol or illegal drugs or narcotics in his system. For this reason, prosecutors also dismissed a pending involuntary manslaughter charge on July 29.

His attorney, John Zwerling, said White has been in rehabilitative counseling for the past 15 months. He has also attended Alcoholics Anonymous meetings five to seven days a week. Zwerling called this a “dedication to sobriety.”

As part of the plea agreement White entered, the court will take both felony drug charges under advisement for a five-year period, and they will be dropped if he follows all conditions, including abstaining from drug and alcohol use, taking random drug and alcohol tests and successfully completing five years of supervised probation. Additionally, his license has been suspended for the same amount of time.

Kimberly Rose, the victim’s oldest granddaughter, spoke at the hearing about her beloved “Mimi,” who played bridge weekly, walked her dog, Sweetie Pie, every day, taught her to crochet and was “tragically killed” by White.

“I cannot forgive Mr. White for what happened,” she said, and she asked that he get the help he needs to prevent a similar situation from happening again.

In recent history, a couple of other prominent white men have made similar headlines for car crashes on county roads that resulted in a dead elderly person and a short jail sentence.

When realtor Andrew Middleditch was charged with involuntary manslaughter for a 2015 Memorial Day drunk-driving crash that killed 78-year-old Lonnie Branham, he was sentenced to five years in prison, but only served 140 days.

In August 2014, Charlottesville author and world renowned journalist Donovan Webster killed 75-year-old Wayne Thomas White on Route 151 in a similar drunk-driving and involuntary manslaughter case. He pleaded guilty to the charges in February 2015 and was sentenced to two years in jail.

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Frayser White hearing continued—again

The man involved in the first fatal traffic crash of 2016 in Albemarle County was scheduled to appear in court May 12 for a pre-trial motions hearing. He and his attorneys were not there and, for the third time since a January 30 hearing, the motions were continued.

The prosecution maintains that on March 15, 2016, Frayser White IV crossed double solid yellow lines on Ivy Road and collided head-on with 81-year-old Carolyn Wayne, who died at the scene.

White’s trial, originally set for Halloween of last year, was also continued. His attorney, Rhonda Quagliana, says the motions hearing has been rescheduled for June 21, but would not comment on the reason for the holdup. He is also represented by John Zwerling.

White was initially charged with his second DUI in five years, but the prosecution dropped that after finding no evidence he’d been drinking. He is charged with two felony counts for possession of heroin and cocaine, and two misdemeanors for reckless driving and possession of alprazolam, the generic form of Xanax.

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Frayser White appears for motions hearing

The man involved in Albemarle County’s first fatal traffic crash of 2016 appeared in Albemarle County Circuit Court on January 30 where a judge denied two motions that would amend his house arrest and suppress evidence collected from his vehicle after the wreck.

On March 15, 2016, Frayser White IV crossed double solid yellow lines on Ivy Road and collided head-on with 81-year-old Carolyn Wayne, who died at the scene, according to the prosecution.

Though White was initially charged with driving under the influence for the second time in five years, the prosecution dropped that after finding no evidence he’d consumed alcohol. He is charged with two felony counts for possession of heroin and cocaine, and two misdemeanors for reckless driving and possession of alprazolam, the generic form of Xanax.

“This is a man who has a history of DUI and a history of reckless driving,” said Assistant Commonwealth’s Attorney Richard Farley when White moved to amend his bond to allow him to be dropped off at work and other appointments. He is currently on house arrest and only allowed to leave for medical appointments if he is driven by a family member. “We’re not prepared to give him the opportunity to hurt someone else,” said Farley.

The defense attorneys—John Zwerling and Rhonda Quagliana—said officers did not have probable cause to obtain a search warrant to inspect White’s vehicle after the crash.

“We have the defendant on the wrong side of the road. We have the defendant hitting someone head-on. We have the defendant killing somebody,” Farley argued, adding that those details should be enough to grant a search warrant. The judge ruled in his favor.

Several motions were continued until a March 13 court date, pending a test to see whether amphetamines were present in White’s blood at the time of the crash. In court, Farley said the defendant has a prescription for them, and if the test comes back positive, he’ll argue that the defendant took “a cocktail of prescription drugs” before driving, and charge him with manslaughter.

After the crash, Zwerling said White was taken to the hospital, where tests indicated that amphetamines were not present in his blood.

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In brief: Khans v. Trump, what’s biting and more

Locals ignite national firestorm

The appearance of Khizr and Ghazala Khan, whose son Humayun, a UVA grad and Army captain killed in Iraq in 2004, at the Democratic National Convention July 28 drew negative comments from Donald Trump and support from Republicans like Senator John McCain, House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell.

Frayser White IV has been been charged with four counts stemming from a crash that killed Ivy resident Carolyn Wayne. Photo Albemarle police
photo Albemarle police

Four charges in crash that left woman dead

A grand jury indicted Frayser White IV August 1 on two felony counts for possession of heroin and cocaine, and two misdemeanors for reckless driving and possession of Xanax in the March 15 Ivy Road collision that killed Carolyn Wayne, 81. White initially was charged with his second DUI, but the prosecution dropped that after finding no evidence he’d consumed alcohol, according to court documents.

Title IX probed at UVA (again)

The Department of Education’s Office for Civil Rights launched another Title IX investigation of UVA July 22. A former student has filed a complaint with the office alleging that he was discriminated against based on his gender and disability in the previous investigation that concluded last September.

Hingeley hangs it up

Jim Hingeley, who founded the Charlottesville-Albemarle Public Defender Office in 1998, is retiring, and an original member of his office, Elizabeth Murtagh, has been appointed the next public defender.

There’s an app for that

WillowTree and UVA developed an app that sends info to patients’ smartphones before colorectal surgery for improved outcomes, such as a reminder to stop taking certain vitamins or to get up and walk around after surgery.

Suicide at the river

Charlottesville police, who responded to a report of a body near a beach area on the Rivanna Trail on July 30, say the death was an apparent suicide and there is no safety concern on the trail.

Show on the road

29&rio-kyle
photo Martyn Kyle

With as much wringing of hands as there was about the construction at U.S. 29 and Rio Road this summer, the grade-separated intersection was opened to traffic July 18, a surprisingly quick 46 days ahead of schedule, earning contractors a $7.3 million bonus. Other Route 29 projects underway this summer:

Best Buy ramp: The additional lane from Emmet Street onto the U.S. 250 bypass, Barracks Road merge lane and noise barriers along the bypass were completed in May. The $17 million project includes a sidewalk in the median on Emmet between Angus Road and Morton Drive.

North 29 widening: This eliminates the squeeze down to two lanes at Polo Grounds Road and makes the 1.8-mile section three lanes in each direction up to Hollymead Town Center. Better yet, the $46.8 million project improves sightlines on hilly stretches, and adds sidewalks on both sides of the highway and a paved multi-use path on the east side.

Berkmar Drive extension: The two-lane, 2.3-mile road will run parallel to U.S. 29 behind Walmart up to Hollymead Town Center. VDOT has a cool time-lapse camera capturing the construction of a bridge over the South Fork Rivanna River on its Route 29 Solutions website. Sidewalks, bike lanes, a paved multi-use path and the rights of way in case we ever want to expand it to four lanes are included in the $54.5 million price tag.

Hillsdale Drive extension: Work on the $14 million road, which will take you from Whole Foods to Greenbrier Drive without having to get on Seminole Trail, began about a month ago.

Reality bites

Of the three venomous snakes in VA, copperheads can be found statewide. Photo courtesy of Edward Wozniak D.V.M., Ph.D.
photo Wikipedia/Edward Wozniak

Summertime doesn’t just bring bugs. Local vets typically see an uptick in snake bites to pets, with Greenbrier Emergency Animal Hospital reporting between four and eight a week.

  • There are three venomous snake species in Virginia: eastern cottonmouth,
    timber rattlesnake and copperhead.
  • Copperheads are the only venomous species found statewide.
  • Rural pets are more likely to be bitten than city pets.
  • Sunset and just after dark are the most active times for copperheads, especially following a warm summer rain.

—John Kleopfer, herpetologist for Virginia Department of Game and Inland Fisheries

Quote of the week

“It was July 4 weekend, so I figured we could turn it into some bacon.”—Aymarie Sutter, who’s charged with stealing a pig from the Charlottesville Albemarle SPCA along with her fiancé, Lee Oakes Jr., tells the Newsplex she had permission from police to take the pig officers brought to the SPCA July 3.