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In brief: Red Hen ruckus, ‘white civil rights’ rally, Republican dropout and more

Red Hen refusal ignites firestorm

When two former C-VILLE Weekly writers opened the Red Hen in Lexington in 2009, they loved everything about the Rockbridge County college town—except its lack of a farm-to-table eatery. Since then, the restaurant has become a renowned fine dining option, and that could be why White House press secretary Sarah Huckabee Sanders and her party of eight came to dine June 22.

Stephanie Wilkinson Facebook

Owner and UVA alum Stephanie Wilkinson, who used to write about literary happenings for C-VILLE and later was publisher of Brain, Child magazine, asked Sanders to leave because of her work for “an inhumane and unethical” administration, Wilkinson told the Washington Post. [Co-founder John Blackburn is no longer an owner of the restaurant.]

Sanders confirmed on Twitter she’d been 86ed, the second Trump administration official to not be welcomed into a dining establishment in a week, although Homeland Security Secretary Kirstjen Nielsen, another UVA alum, left a D.C. Mexican restaurant because of protesters chanting, “Shame.”

Outrage—and appreciation—over Wilkinson’s action ensued, and other unaffiliated Red Hens around the country received death threats.

By Saturday night, the Red Hen did not open because of safety concerns, according to [former C-VILLE Weekly editor] Hawes Spencer’s report on NPR. Its Yelp page is going through active cleanup because of non-food-related comments, says the site.

And by June 25, POTUS himself tweeted, “The Red Hen Restaurant should focus more on cleaning its filthy canopies, doors and windows (badly needs a paint job) rather than refusing to serve a fine person like Sarah Huckabee Sanders.”

Trump administration employees are not alone in being unwelcome at a dining establishment. Local “white civil rights” agitator Jason Kessler reportedly was banned for life from Miller’s last year when protesters shouting “Nazi go home” became bad for business.


“An all-too-familiar story in my timeline. A beautiful woman’s life cut short by a violent relationship. The only twist today is it’s my child on the other side of the gun. My son is the perpetrator. The very thing I advocate against has been committed by someone I once carried inside me.”—Trina Murphy, advocate for Help Save the Next Girl


In brief

Xavier Grant Murphy Charlottesville police

Another Murphy tragedy

Xavier Grant Murphy, 23, son of domestic violence advocate Trina Murphy and cousin of murdered Nelson teen Alexis Murphy, is charged with second-degree murder in the June 22 slaying of Tatiana Wells, 21, at the Days Inn.

GOP resignation

Richard Allan Fox, co-owner of Roslyn Farm and Vineyard, resigned from his seat on the Albemarle County Republican Committee, because he says he can’t support U.S. Senate candidate Corey Stewart, who has not denounced Unite the Right rally participants, and who has said the Civil War was not about slavery.

ABC settles with Johnson

Martese Johnson, the 20-year-old UVA student whose encounter with Virginia ABC agents during St. Patrick’s Day revelries on the Corner in 2015 left him bloodied and under arrest, reached a $249,950 settlement with the agency June 20. Johnson, now 24, heads to University of Michigan Law School in the fall.

Cantwell calls CPD

On the same night that seven activists were arrested on Market Street for protesting the conviction of August 12 flamethrower Corey Long, “Crying Nazi” Chris Cantwell called the police department to commend it, chat about the rioting “communists” and suggest they be put through a woodchipper. He was recording as a female CPD employee said, “That’s awesome. Thanks for your support.” According to a city press release, the incident is being investigated.

Access denied

Community activists, some reportedly wearing Black Lives Matter shirts, were shut out of a meet-and-greet at the Paramount Theater with new Charlottesville Police Chief RaShall Brackney, who was welcomed on the theater’s marquee. Paramount spokesperson Maran Garland says it was a private, invitation-only event hosted by the Charlottesville Police Foundation.

I-64 stabber gets life

Rodney Demon Burnett was convicted of aggravated malicious wounding for the July 11, 2017, attack of a woman driver on I-64. When she stopped the car, he continued knifing her in the neck, pushed her out of the car and sped away, leaving her with life-threatening and permanent injuries. A jury imposed a maximum life sentence, $100,000 fine and seven years for other related charges.

Drafted by whom?

photo Matt Riley

Former UVA basketball guard Devon Hall is chosen by the Oklahoma City Thunder in the second round as the No. 53 pick.


Whites-righter seeks permit

Speaking of Kessler, the Unite the Right organizer is looking for a place to hold an anniversary rally August 11 and 12. City Manager Maurice Jones denied his application for a permit December 11, and Kessler filed a civil lawsuit against the city and Jones, alleging the denial unconstitutionally was based on the content of his speech.

On June 22, his attorneys filed a motion for a preliminary injunction to force the city to allow his two-day event and to provide security for demonstrators and the public.

According to a memo filed with the motion, Kessler contends counterprotesters were responsible for the violence. “Counterprotester misconduct constitutes a heckler’s veto and cannot be used as a justification to shut down Mr. Kessler’s speech by the city,” says the memo.

Kessler sued last year when the city tried to move his white nationalist rally from Emancipation Park to McIntire, and a judge sided with him in an August 11 decision that was made about the same time neo-Nazis were marching through UVA Grounds shouting, “Jews will not replace us.”

At press time, a hearing for the injunction had not been scheduled.

Many of those who attended the rally last year have said they will not return for a redo, but Kessler is asking those who want to come to be prepared to go to either Charlottesville or Washington.

His application for a “white civil rights rally” in Lafayette Square has received preliminary approval from the National Park Service, but a permit has not been issued.

kessler prelim injunction memo 6-22-18

kessler motion prelim injunction 6-22-18

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In brief: Love lawsuit, killer creeks, pot busts and more

Love estate drops lawsuit against Huguely

The estate of Yeardley Love nonsuited a nearly $30 million wrongful death lawsuit against Love’s former boyfriend George Huguely June 11. Huguely was convicted of second-degree murder in the 2010 death of Love and sentenced to 23 years in prison.

Her mother, Sharon Love, filed the civil suit in 2012, and it’s been continued four times. Most recently the suit was put on pause while a federal case was heard in Maryland in which Chartis Property Casualty balked at paying off a $6 million policy held by Huguely’s mother and stepfather. A Fourth Circuit Court of Appeals panel ruled in Chartis’ favor, and Love has asked the entire appeals court to revisit the ruling.

Through his attorney Matt Green, Huguely asked Judge Rick Moore to hold off on signing the motion to nonsuit until June 20, when the Fourth Circuit will decide whether it will reconsider the ruling.

The Supreme Court of Virginia has ruled a plaintiff can nonsuit at any point and doesn’t have to give a reason. Moore said normally he immediately signs the motion, but “I really do think it’s important in a case like this to hear you out.”

The three-week jury trial was scheduled to begin July 30. Love has six months to file the suit again, and Green believes she will.

And while he knows public sympathy isn’t with his client, Green said, “It’s just taxing on George to get emotionally ready every 18 months for trial.”


“I think that without Otto, this would not have happened… I really think Otto is someone who did not die in vain.”President Donald Trump on UVA student Otto Warmbier, who was brutalized in North Korea, at a press conference during his summit with North Korean dictator Kim Jong Un.


Flood couple ID’d

The people swept away in their Toyota Prius by recent Ivy Creek flash flooding on Old Ballard Road have been identified as Sugar Hollow residents Robert and Carroll Gilges, who were 82 and 79 years old, respectively. They were found dead on May 31 and June 5.

Another creek death

A wheelchair belonging to Cedars Healthcare Center resident Thomas Charles Franklin, aka Colonel, was found June 10 beside a nearby creek. Franklin, 65, an Army veteran, was found around 200 yards downstream and pronounced dead at UVA Medical Center, according to police.

Train crash indictment

photo jack looney

Dana William Naylor Jr., the driver of the garbage truck that was hit by an Amtrak train carrying GOP congressmen in Crozet in January, has been indicted on one count of involuntary manslaughter and one count of DUI maiming. Truck passenger Christopher Foley died in the crash.

Martese settlement?

photo Jackson Smith

Martese Johnson, the former UVA student whose bloody face went viral after Virginia ABC agents approached him in March 2015 on suspicion of using a fake ID and slammed him to the ground, has a July 10 settlement hearing scheduled for his $3 million lawsuit against the agents and ABC.

 

 

Crime spree

Last summer Matt Carver, now 27, racked up 21 felony counts that included terrorizing a Crozet woman when he broke into her house. He also kicked out the window of a cop car, leaping out at 45mph while handcuffed and going on the lam for 15 hours. In court June 6, Carver apologized for his meth-fueled rampage, and was sentenced to 28 years in prison.

Topless suit settled

Morgan Hopkins was one of the few people arrested August 12—for topless busking. Her indecent exposure charge was dismissed, and her lawsuit against the city and police Sergeant Russell Handy was settled June 5.

 

 

 


Crime in the community

The Virginia State Police released its annual Crime in Virginia report for 2017. Violent crimes like murder and rape decreased throughout the state by 3.9 percent, and property crimes dropped almost 3 percent. However, drug arrests were up nearly 16 percent, and 71 percent of all drug arrests were for marijuana. Charlottesville and Albemarle bucked that trend, with drug arrests decreasing—by 43 percent in Charlottesville. Here’s what the offense totals looked like on the local level.

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In brief: Dog lives matter, steakhouse speculation and more

Totally cleared

Robert Davis is ready to "thrive and flourish" as a free man with his felony record expunged. Photo Ryan JonesRobert Davis, 32, spent 13 years in prison for a Crozet double slaying after making what experts call a textbook false confession. He was released a year ago on a conditional pardon and on December 16, the governor granted an absolute pardon, a rarity in Virginia. Read more.

Rumor of the week

Is Lampo opening a steakhouse in the downtown Bank of America building, where owner Hunter Craig has already confirmed a grilled meatery will be going? Lampo co-owner Loren Mendosa says, “That’s a popular rumor,” and declined to comment.

Last week’s rumor confirmed

Odds are pretty good that ice skating is not in the Main Street Arena’s future. Staff photo Quantitative Investment Management owner Jaffray Woodriff issued an official Payne Ross release acknowledging that an entity called Taliaferro Junction LLC is evaluating the Main Street Arena as a purchase for a 21st-century office building that will not house QIM.

Accounting for every penny

Charlottesville plans to award Belmont Bridge preliminary design and engineering to Kimley-Horn of Richmond, and negotiated the cost to $1,980,038.77, according to a release.

ABC not liable

A photo of Martese Johnson on the night of his bloody arrest went viral. Photo by Bryan Beaubrun
Photo by Bryan Beaubrun

A judge dropped the Virginia Alcoholic Beverage Control and Agent John Cielakie from Martese Johnson’s $3 million lawsuit stemming from his bloody 2015 arrest after he showed his real ID at Trinity Irish Pub and was turned away.

No more No. 15

UVA basketball star Malcolm Brogdon’s jersey is headed for the display cases and his number has been retired, making him the eighth Hoo to receive this honor. Brogdon is now a rookie for the Milwaukee Bucks.

Sad tidings

Christopher Spears, 22, of Waynesboro died in a single-car crash around 4am December 16 on U.S. 250 in Crozet in Albemarle’s sixth fatal crash this year.

Candy land

UVA-gingerbread_0020
Photo Tom McGovern

From the initial blueprint to the cardboard model to the actual cookie construction, UVA Dining’s executive pastry chef Janice Benjamin takes building gingerbread houses to a new level. This year, she based her annual holiday work of art, which currently sits in the main lobby of the UVA Children’s Hospital, on everyone’s favorite movie of the season: Elf.

On the house: 304.5 hours of labor | 98 pieces of gingerbread |
60 pounds of royal icing | 6 pounds of cherry Twizzlers used on
the Empire State Building | 6 different kinds of licorice | 2 12-volt rechargeable wheelchair batteries to power the skating rink

Accused cat killer granted stay

Niko gets a stay of execution. Courtesy Prayers for Niko
Courtesy Pray for Niko

An Albemarle County pit bull named Niko, on doggie death row for allegedly attacking and killing a neighbor’s cat in 2014, has been granted a stay until January 18, when his owner will appeal Judge Cheryl Higgins’ order to execute him.

What was scheduled as Toni Stacy’s last visit with her pup at the Charlottesville Albemarle SPCA on December 18 turned into a protest attended by many sign-waving dog-lovers and an eventual celebration when Stacy received the news later that day.

The case has also attracted the attention of Against All Oddz Animal Alliance Inc., a Buffalo, New York, rescue organization that has offered to take Niko into its care. It is undecided whether the group will be allowed to gain custody of him.

Prayers for Niko/Niko Strong, a Facebook page for the pit’s supporters, has nearly 4,000 members. Kristy Hoover, a friend of Niko’s owners, created the group last October. “He’s just a typical dog,” she says. “He’s not vicious in any form.”

Stacy maintains that Niko did not attack the cat he’s charged with killing, but she posted on Facebook that “it’s all in God’s hands now.”

Quote of the week

It was such an amazing relief to have gotten the news and it was so favorable. It’s been a long, long journey. Attorney Steve Rosenfield upon hearing Governor Terry McAuliffe had granted Robert Davis an absolute pardon.

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ABC and one agent nixed from Martese Johnson’s suit

A federal judge ruled that a former UVA student was not falsely arrested during a controversial incident occurring on St. Patrick’s Day last year, and dropped the Virginia Alcoholic Beverage Control and one of its agents from his $3 million lawsuit December 13.

Videos of Martese Johnson’s bloody arrest went viral after he was denied entrance to Trinity Irish Pub and taken down by nearby ABC officers who thought he flashed a fake ID to the bar’s owner. Though underage, the student had showed his actual ID at the door, incorrectly recited his zip code and was turned away.

In his original suit—filed October 15, 2015, against the ABC, its law enforcement director Shawn Walker, and the three agents involved—Johnson alleges that Agent John Cielakie handcuffed him and placed him in leg shackles after Agents Jared Miller and Thomas Custer tackled him to the ground. Cielakie is the agent dropped from the suit.

“In the instant case, Miller and Custer had already thrown Johnson to the ground before Cielakie intervened,” U.S. District Court Judge Glen Conrad wrote in his opinion. “From the facts as pled, the court believes that a reasonable officer in Agent Cielakie’s position could believe that further handcuffing of the plaintiff was necessary. Accordingly, Agent Cielakie cannot be seen as having used an objectively unreasonable amount of force.”

Cielakie was also involved in an April 2013 incident in which ABC agents surrounded UVA student Elizabeth Daily’s car, punching her windshield and slamming on her windows with their flashlights, because they believed the case of water she was carrying was a case of beer.

In his written order, Judge Conrad dismissed Johnson’s allegation that he was falsely arrested, agreeing that a reasonable ABC agent would believe they had probable cause to arrest him. He also dismissed one count of negligent supervision by law enforcement director Walker, and dropped the ABC entirely from the suit.

Johnson’s four-day trial is scheduled for July.

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Martese Johnson’s case will likely move forward

The UVA graduate who was taken to the ground by ABC agents outside of Trinity Irish Pub in March 2015 appeared in a Roanoke federal court August 26 for a motions hearing in which the agents’ attorneys, once again, asked for the case against them to be thrown out.

“Though he has not yet formally ruled on the defendants’ motion to dismiss Martese’s amended complaint, Judge [Glen] Conrad stated that, at the very least, his claim for excessive force would proceed, and that, therefore, discovery may begin,” says Benjamin Chew, a UVA Law alumni and attorney for Martese Johnson.

Johnson, who was 20 years old when he was turned away from the bar
on the Corner, maintains in his amended suit—accepted by Judge Conrad in May—that he was approached by agent Jared Miller, who grabbed his arm from behind before being joined by agents Thomas Custer and John Cielakie, who then “slammed” Johnson “face first” into the brick walkway outside of Trinity.

A video of blood pouring down Johnson’s face went viral.

Though the judge indicated that the case will likely move forward, he said he may later drop agent Cielakie from the suit because he is believed to have little involvement. Cielakie did, however, cuff the college student’s legs after he was already immobilized, according to Johnson’s suit.

Johnson’s case against the ABC is scheduled for a five-day jury trial in Charlottesville next year.

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Martese Johnson’s suit against Virginia ABC moves forward

In a hearing in federal court on May 13, Judge Glen Conrad ruled to accept Martese Johnson’s amended complaint in his suit against the Virginia Department of Alcoholic Beverage Control, though the state had asked to throw out the lawsuit.

The ABC’s attorney, Nicholas F. Simopoulos, said Johnson made more than 60 amendments to his original suit, including new claims, and he said that ignores proper procedure. The defense’s motion to throw the suit out was denied.

ABC agents outside of Trinity Irish Pub threw Johnson to the ground last year after they saw a bouncer hand his identification card back; they thought he was using a fake ID to try to gain access.

“In fact, Martese’s identification card was valid,” the suit says, with an amendment stating that because he had recently moved, he confused his current and former ZIP codes, inadvertently providing the wrong one when questioned by the bouncer.

“The agents’ brutal assault and battery of Martese caused injuries which required 10 stitches to his head and face, resulting in permanent scarring and disfigurement,” the suit also alleges.

Photos and videos of Johnson’s bloody arrest went viral, and he is now suing the ABC and its director, Shawn Walker, for negligent supervision and training, and a failure to train or supervise. He is also suing special agents John Cielakie, Thomas Custer and Jared Miller for false arrest, excessive force, negligence and battery.

Johnson, who graduates from UVA this weekend, requested a jury trial that is currently set for October.

Related Links:

September 2, 2015: Scarred, still alive and seizing the moment

October 22, 2015: Martese Johnson sues ABC for $3 million

November 21, 2015: ABC officials file motion to dismiss Martese Johnson’s lawsuit

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ABC officials file motion to dismiss Martese Johnson’s lawsuit

Three ABC agents and its director filed a motion in U.S. District Court November 16 to dismiss all seven claims in UVA student Martese Johnson’s $3 million lawsuit stemming from his encounter with agents last March that left him bloody and needing 10 stitches.

Johnson alleges false arrest, excessive force, negligence and battery against special agents John Cielakie, Thomas Custer and Jared Miller in his suit. Against Miller, Johnson makes a further claim of assault.

He accuses the Virginia Department of Alcoholic Beverage Control and its director, Shawn Walker, of negligent supervision and training, and a failure to train or supervise.

In response, the defense claims that as an agency under the control of the commonwealth and not as a single person, the ABC is protected by Eleventh Amendment immunity, meaning a lawsuit cannot be heard against them.

The defense also sought to exempt Walker from the claims made against him by insisting that he “…was not present at the event and there is insufficient evidence to show that he was negligent.”

The physical contact between Johnson and the three ABC officers was reasonable, according to the defense, because they had “probable cause” to believe Johnson was using a fake ID, which is a Class 1 Misdemeanor.

Johnson’s repeated attempts to free himself from the officers restraining him were cited as justification for the amount of force used by the ABC officials, according to the motion.

“The plaintiff performed such acts [pulling away wordlessly from the officers] no less than three times during the stop,” the motion reads. “In a tense and uncertain situation, these acts could have caused a reasonable officer to make the split-second decision that force was necessary to prevent the plaintiff from leaving the scene or to protect his safety.”

The defense further claims that because Johnson received medical treatment after his arrest, it is not “plausible” to claim that the officers had used excessive force in arresting him.

 

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‘Brutally assaulted’: Martese Johnson sues ABC for $3 million

Lawyers for fourth-year UVA student Martese Johnson, whose bloody arrest splashed across national media in March, filed suit for $3 million against the Virginia Department of Alcoholic Beverage Control, an agency that’s no stranger to being sued by UVA students in high-profile cases.

Named in the suit along with the agency are the three agents who arrested Johnson early March 18, Jared Miller, Thomas Custer and John Cielakie, and ABC Director Shawn Walker.

The issue, says C-VILLE legal expert David Heilberg, is how sovereign immunity, which typically protects law enforcement, will be applied in the case. Johnson will have to prove “intentional misconduct or malice or grossly negligent conduct,” says Heilberg.

The complaint, filed in federal court October 20 in Charlottesville, claims Johnson’s civil rights were violated when the agents “brutally assaulted, seized, arrested and jailed Martese without probable cause and in violation of the United States Constitution” when they believed he presented a fake ID to get into Trinity’s Irish Pub on the Corner.

The driver’s license of Johnson, then 20, was valid, but when Trinity owner Kevin Badke asked for the ZIP code, Johnson gave the wrong number and was not allowed entry. ABC agents, on the lookout for underage UVA students boozing it up on St. Patrick’s Day, were on the Corner that night and Miller spotted the exchange.

Johnson claims in the suit that without identifying himself as law enforcement, Special Agent Miller grabbed his arm.

Startled from being accosted from behind by someone he did not know, according to the suit, Johnson pulled his arm away and tried to continue walking. Miller grabbed his arm again and demanded to see the alleged fake ID while “aggressively twisting [Johnson’s] arm behind his back, still not identifying himself as an officer,” says the suit, which alleges Miller escalated the encounter and used unnecessary force.

Custer then grabbed Johnson’s left arm, preventing him from producing his ID, and “all of a sudden, and without provocation, Custer and Miller slammed Martese into the brick walkway, face first, causing Martese to suffer a severe laceration to his forehead and scalp,” says the lawsuit. Johnson had 10 stitches before he was arrested, and the bloody incident left him “permanently disfigured,” according to the suit, and unable to grow hair on his scalp where there is scar tissue.

The suit notes that Johnson did not receive Miranda instructions that anything he said could be used against him, and claims that his charge of public intoxication was based on illegally obtained statements. That charge, along with obstruction of justice, were dropped in June when Charlottesville Commonwealth’s Attorney Dave Chapman declined to pursue charges against Johnson or the agents following a Virginia State Police investigation.

Director Walker is accused of a “systemic” failure to train ABC agents after the April 2013 incident when plainclothes agents, including Cielakie, suspected that UVA student Elizabeth Daly’s sparkling water was beer and swarmed her car in the dark Harris Teeter parking lot. A terrified Daly fled, with an agent banging on her car windows with a flashlight and another pulling a gun.

She was arrested and her charges were later dropped. Daly sued the agency for $40 million, and settled the case for $212,500.

Walker, says the suit, had knowledge of the “widespread practice of ABC officers’ use of unreasonable, disproportionate and wrongful force and tactics in approaching suspects believed to have committed minor infractions or regulatory offenses.”

And that’s the point a judge will have to decide, says Heilberg: whether the agency was performing a “proprietary” function as a business that sells alcohol or were its agents performing as law enforcement with sovereign immunity.

“It’s an uphill battle when police officers have immunity,” says Heilberg. But he also points out that Williams Mullen, the law firm representing Johnson, “is a reputable firm that would have researched sovereign immunity.” Manatt, Phelps & Phillips out of D.C. is also representing Johnson.

Heilberg says in the Daly case, there was some indication the ABC agents were “grossly negligent.”

He also says that what a plaintiff sues for is irrelevant, that it’s the damages that count. Daly, while traumatized, was not physically injured. “Martese had physical injuries,” says Heilberg.

And if Johnson was drinking that night while underage, a crime in Virginia, “That’s a defense consideration,” says Heilberg.

The Virginia ABC declined to comment, and has three weeks to respond to the complaint.

 

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ABC records: released—for the wrong reason?

In a change of heart, Governor Terry McAuliffe released the Virginia State Police investigation report of Virginia Department of Alcoholic Beverage Control agents’ March 18 arrest of UVA student Martese Johnson, the bloody image of which went viral. When he initially declined to make the report public, McAuliffe claimed the Freedom of Information Act prohibited release of personnel records.

Not so, says Megan Rhyne, executive director of the Virginia Coalition for Open Government. Rhyne says government officials have a tendency to take exemptions to FOIA that are discretionary and say they can’t divulge records. “There’s nothing in the law that says it can’t be released,” she says.

Another problem? The reason the ABC cited for letting the public know the details of the investigation was that the three agents involved gave permission. “It’s not a condition for release,” says Rhyne. And if state police had found the agents guilty of wrongdoing, would the ABC still insist it needs its employees’ permission?

“I do think it’s a dangerous precedent to state that,” says Rhyne.

The 119-page document revealed little that had not already been made public in June when Charlottesville Commonwealth’s Attorney Dave Chapman detailed why he would not be prosecuting Johnson or the agents, although this is the first time the ABC has named special agents Jared Miller, Thomas Custer and John Cielake.

Virginia State Police Captain Gary Payne says in the report more than 50 people were interviewed about the incident that required Johnson to get 10 stitches. Many of the witness accounts were contradictory.

The ABC agents had targeted a handful of Irish establishments for St. Patrick’s Day, including Trinity Irish Pub, which has had eight written warnings in the past five years, and ABC Special Agent in Charge Joseph Cannon describes its license history as “bad” in the report.

Witnesses gave varying accounts of what Johnson had to drink that evening, including one who said Johnson had a nearly empty bottle of Jack Daniels. Johnson told C-VILLE in August, “I was not drunk that night.”

He’s still weighing whether to sue, according to his attorney, UVA law grad Daniel Watkins with Williams Mullen. Watkins applauded the release of the investigation. “Now, more than ever, transparency is important when reviewing the propriety of any police-citizen encounter,” he says in a statement. And, says Watkins, the broader question still stands: “[H]ow much force should police be permitted to use when investigating regulatory offenses?