Categories
News

In brief: Category 4, $1 penalty, Foxfield continued and more

Florence and the rain machine

Charlottesville was relatively unscathed from last year’s big hurricanes: Harvey and Category 5s Irma and Maria. But as stock brokers often warn, past performance is not indicative of future results. And the warnings for Hurricane Florence, currently a Category 4 and still days away at press time, are catastrophic.

Governor Ralph Northam issued a state of emergency September 10, and ordered mandatory evacuations for low-lying areas of Hampton Roads and the Eastern Shore. Governors of both North Carolina, which sits squarely in Florence’s current path, and South Carolina have also ordered coastal evacuations.

It’s the projected rainfall that has many nervous after heavy rains in May caused flash flooding and took the lives of two Albemarle residents. Charlottesville already is 12 inches above average, with over 41 inches of rain as of September 10, according to Weather Underground. At press time, the National Hurricane Center has Charlottesville mapped to receive 10 inches of rain from Florence.

More preliminary reports: Some bottled water shortages have already appeared, and expect gas prices to go up.


Quote of the week

“When you vote, you’ve got the power to make sure white nationalists don’t feel emboldened to march with their hoods off or their hoods on in Charlottesville in the middle of the day.”—Former President Barack Obama on the midterm campaign trail September 7 at the University of Illinois at Urbana-Champaign

 


In brief

Two officers shot

Gunfire at Hardy Drive September 8 left three men wounded, including two officers who responded to reports of shots at 8:43pm, and Timothy Lamont Miles, 27, who was charged with attempted capital murder and felon with a gun. Miles, who is known to police, has a lengthy rap sheet that includes a history of brandishing firearms, burglary, multiple assaults, resisting arrest, and multiple other charges.

 

Paying the price

In February, a jury found Jeff Winder guilty of assaulting Jason Kessler at his August 13, 2017, press conference in front of City Hall. The alleged assaulter appealed the conviction, and was found guilty again last week, when a new jury fined him $1 for slugging the man who planned the Unite the Right rally. Afterward, an outpouring of people asked on social media if they could also punch Kessler for a buck.

‘Monumental change needed’

A new billboard in town, paid for by the Make It Right Project, supports anti-racist activists in their attempt to have Confederate statues removed. It’s neighbors with another East High Street signboard that glorifies “Stonewall” Jackson, and was paid for by the Virginia Flaggers.

Crozet train crash lawsuit

The father of Dennis “DJ” Eddy, who had been working for Time Disposal a short time when an Amtrak train slammed into the garbage truck in which he was a passenger and killed him, filed a $10 million lawsuit against CSX, which owns the track, and Buckingham Branch, which operates it. Multiple people have said there were frequent problems with the crossing arm.

CFA layoffs

CFA Institute, an international association for investment professionals that renovated the former Martha Jefferson Hospital and made it its headquarters in 2014, laid off 31 employees in Charlottesville and New York, according to NBC29. The employees received severance packages and were encouraged to apply for 50 open positions, many in Charlottesville.

 


The fight over Foxfield continues

Parties in a lawsuit over whether the Garth Road property that’s home to the Foxfield Races can be sold for development expected a judge to make a decision September 11.

At the hearing in Albemarle Circuit Court, more than a dozen horse racing fans had green stickers on their lapels that featured a cartoon fox and said, “Save Foxfield Races.”

Instead of reaching a decision, Judge Cheryl Higgins took motions under advisement. She asked for more evidence from attorneys defending the Foxfield Racing Association, which now owns the property and wants to sell it, and from those representing seven Albemarle residents with connections to the races who are fighting the potential sale.

The plaintiffs say the original landowner, Mariann S. de Tejada, said in her will that the land should remain intact in perpetuity for the races. The Foxfield Racing Association argues that de Tejada didn’t specifically state the creation of a trust for the property.

Higgins said she isn’t able to determine whether there’s a trust that would prevent the sale, and also suggested a settlement between the parties.

“Our objective is to protect the Foxfield Races—if not by a settlement, then by a continuation of the lawsuit,” plaintiffs attorney Bill Hurd said outside the courthouse. He also said he’s “happy to” dig up more evidence to prove an intended trust.

Categories
News

Four more down: Kessler-related hearings reach a verdict

When Jason Kessler leaves a courthouse in Charlottesville, he’s usually greeted the same way, and that’s by an angry mob.

A group of dozens of anti-racists followed him in a large circle around Market Street until he receded to the police department next to the general district court. He exited only when a maroon truck showed up to pick him up.

All the while, African-American counterprotesters, who reminded him that February is Black History Month, shouted a slogan that’s quite familiar to him. One that he’s even used once or twice—“You will not replace us! You will not replace us! You will not replace us!”

Kessler was in court February 2 for five different hearings in which he claimed to be the victim.

Throughout the morning, known anti-racist activist Veronica Fitzhugh, Phoebe Stevens, Jeff Winder, Brandon Collins and Kenneth Robert Litzenberger were defended as they stood in front of the judge and across from the organizer of the summer’s deadly Unite the Right rally.

Fitzhugh was first, and while Judge Robert Downer dismissed an assault charge that stemmed from an apparent May 20 altercation with Kessler on the Downtown Mall, she was found guilty of disorderly conduct for being a member of the mob that surrounded the white nationalist and his friends that night. In video evidence, Fitzhugh, wearing a pink wig, can be seen shouting “Nazi, go home,” in close proximity to Kessler’s earlobe.

“You have to take this kind of abuse with a grain of salt,” Kessler said when defense attorney Jeff Fogel asked why he was smiling during the video.

Special prosecutor Michael Caudill, who was appointed to the case, said “Kessler exhibited decorum.”

Downer said Fitzhugh’s actions met the objective standard of disorderly conduct and found the woman—who wore a hot pink dress with the work “antifa” scrawled across the back—guilty. She was fined $250, with $200 suspended.

Outside the courthouse, her attorney said, “All she was doing was telling him the truth—that he was a Nazi.”

After her hearing, four people appeared whom Kessler has accused of assaulting him at his August 13 press conference in front of City Hall, where he was unable to be heard over the angry crowd that eventually swarmed him and tackled him to the ground.

Stevens was the tackler, but says that wasn’t her intention.

“We love you, Jason,” were her last words before she took him to the ground, according to her own testimony and that of a freelance photographer at the event.

Stevens, a French teacher in the public school system who also teaches rock climbing and yoga, says she practices peaceful intervention. On August 12, she could be found using her body to shield counterprotesters being beaten on the ground and white supremacists alike. And on August 13, she was hoping to do the same for Kessler.

“I remember thinking he looked kind of like a rabbit darting back and forth,” she said. “It was as if he was about to get hit by a train. It was getting worse and worse.”

So she said she embraced him, not intending to knock him down.

“If only he could understand that as an individual, he is loved—it’s this thing that he stands for that is not,” she said.

Regardless of the prosecutor calling her a “nice lady” and the judge saying he didn’t doubt a minute of her testimony, she was found guilty and sentenced to 50 hours of community service.

Winder, a longtime activist who was protesting the war in Iraq with Code Pink when he was arrested for trespassing in 2007 in then congressman Virgil Goode’s office, was also among the mix charged for assaulting the organizer of the Unite the Right rally on August 13.

NBC29 reporter Henry Graff testified that he saw someone who appeared to be Winder strike Kessler when reviewing footage of the press conference gone awry.

While defense attorney James Abrenio argued that Winder couldn’t be identified beyond a reasonable doubt, Downer disagreed and sentenced him to 30 days in jail, with all of them suspended on the condition that he has good behavior for a year.

Brandon Collins, a City Council frequenter who works for Public Housing Association of Residents, entered an Alford plea, meaning he didn’t admit guilt, but recognized that there was enough evidence to convict him of assaulting Kessler. He was sentenced to 10 days in jail with all of them suspended.

And lastly, Kenneth Robert Litzenberger, who allegedly spat on Kessler during the scuffle, had his case continued until next February.

The white nationalist wasn’t given a chance to address the media after the hearing, as anti-racists wedged themselves between him and members of the press.

They shouted, “No platform for Nazis!”

Categories
News

In brief: The city’s biggest hurricane hits, bold protest signs and more

Charlottesville’s inland location has helped it dodge the likes of Hurricane Harvey and Irma, but it’s gotten slammed in the past.

Hurricane Isabel

September 19-20, 2003

By the time it hit Virginia, Isabel was a Category 1 storm. Nonetheless, it was a killer, taking 32 lives in the state directly or indirectly, according to the Virginia Department of Emergency Management, and two in Albemarle when a car ran off the road during heavy rainfall and crashed into a tree. According to the Cav Daily, two others in vehicles were injured by falling trees, one person was hurt when a tree crashed into a house and a police officer was struck by a branch. The ground was already saturated from previous rain, and trees toppled like bowling pins, including a 250-year-old white oak near Brooks Hall on UVA Grounds. At the height of the power outages, 50,000 local Dominion customers were without power, and some were in the dark for nearly two weeks.

Hurricane Camille

August 19-20, 1969

For its sheer one-two punch—killing 174 when it made landfall as a Category 5 storm on the Mississippi coast, and then two days later as a tropical depression, drowning Nelson County, where 125 people perished—Camille remains the deadliest force of nature to hit central Virginia. Whole families were lost when Camille dumped what’s conservatively estimated as more than 27 inches in eight hours, and even today, you can see the bare spots on the mountains around Lovingston where pounding rain tore off the top soil. Still missing: 33 people.

Hurricane Agnes

June 21, 1972

Agnes, too, was a tropical depression when it hit Scottsville, flooding the town with water that rose 34 feet. That, following Camille’s 30 feet of water, prompted town fathers to seek federal funding for a levee. While no one died in Scottsville, 16 Virginians lost their lives to Agnes, according to the Virginia Department of Emergency Management.

Derecho

June 29, 2012

Until high-powered winds roared into Albemarle from the west, we’d never heard the term derecho, which means “straight” in Spanish. The blast killed six people, two of them in Albemarle County—John Porter, 64, when he stepped onto his porch in Ivy, and Catherine Ford, 52, when she got out of her car on Scottsville Road. Nearly 40,000 people lost power, some for a week, and Crozet canceled its Fourth of July celebration because of damage to Claudius Crozet Park.

Microbursts

June 2010

We say microburst, but UVA climatologist Jerry Stenger says it’s more accurately called a “downburst.” Whatever you call them, a spate hit Charlottesville in 2010, and the worst on June 24 left 45,000 without power. Trees came down all over town with the city fire department responding to 31 calls of crunched houses, and another 15 to 20 county homes were in the path of falling trees.

Camille’s casualty count appeared on the front page of the Daily Progress in the summer of 1969.

 

Jackson voted out

City Council unanimously agreed September 5 to send the statue of General Stonewall Jackson packing, along with his Confederate buddy General Robert E. Lee—pending litigation permitting.

Needs improvement

The UVA group charged with reviewing the events of August 11-12, including a white nationalist torch-carrying march through Grounds, found the university could have sought better intel on Unite the Right plans, enforced its open-flame policy and notified the university community when neo-Nazis flooded the premises, among other recommendations.

Mason Pickett. Staff photo

Quote of the Week: Wes is a jackass. —City Council gadfly Mason Pickett takes a sign to the corner of Preston Avenue and McIntire Road.

 

Press conference casualties

Jason Kessler filed assault charges against longtime activist Jeff Winder, 49, and PHAR organizer Brandon Collins, 44, who were among the angry mob that chased the Unite the Right organizer into the arms of police protection August 13, the day after his hate fest invasion resulted in the death of Heather Heyer and injured dozens more.

Western NC transplant

Jeffrey Richardson. Courtesy photo

The Board of Supervisors appointed Cleveland County, North Carolina, county manager Jeffrey Richardson as the new county executive, effective in November. Richardson has 27 years of local government experience, a master’s degree from UNC and a new $217,000 annual paycheck, according to the Daily Progress.

Hometown solace

The Dave Matthews Band, Justin Timberlake, Ariana Grande and more will perform a free September 24 show in the wake of the deadly August 12 rally. The ticket lottery is over, but a small number will be available at the UVA box office September 15.

Check this out

From left to right: Aimee Atteberry, Bob Kahn, Carolyn Rainey, Antonio Rice, Major James Shiels, Karen Rogers, Erik Greenbaum, and Pat Burnette. Staff photo

C-VILLE Weekly Publisher Aimee Atteberry, the vice chair of the Salvation Army advisory board, presented the nonprofit and beneficiary of this year’s Best of C-VILLE party with a check for $8,017.58 September 12.

Cost of inquiries

Former U.S. attorney/Hunton & Williams partner Tim Heaphy, who is preparing a review of the city’s planning and response to multiple recent alt-right and KKK rallies, will charge $545 an hour with a $100,000 max payment, which he says is a discount. UVA has hired its own outside source with a $250,000 price tag to review its procedures.

Artistic merit

Before its board pulled the plug on Piedmont Council for the Arts, it released a study last month about the economic prosperity
nonprofit arts and cultural orgs rained
down upon the greater Charlottesville community in 2016.

$121.8million: Economic impact

2,100: Full-time equivalent jobs

$9.5 million: Government revenue

$36.11 per event: Amount a typical arts attendee spent, beyond the cost of admission

84%: Nonlocal attendees who say they visited to attend an arts or cultural event