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In brief: City manager selected by council, local teen killed by cops, and more

City gets a new manager

After more than 15 hours of emergency closed meetings, Charlottesville City Council announced last Thursday that it had selected a new city manager: Chip Boyles, executive director of the Thomas Jefferson Planning District Commission.

John Blair, who has served as interim city manager for nearly three months, is leaving Charlottesville to become Staunton’s city attorney. His last day as acting city manager is February 12.

Before moving to Charlottesville in 2014, Boyles served as assistant city manager and city manager in three cities, including Clemson, South Carolina.

During a virtual press conference, the councilors emphasized that Boyles, who’s headed the planning district for seven years, would bring much-needed stability to a city government left in the lurch after a string of high-profile departures.

“Chip has been in the community for a number of years, but he hasn’t been in any organization and will provide us an opportunity to look at any issues…through a neutral lens,” said Mayor Nikuyah Walker. “Being able to bring a new and fresh perspective to the organization will allow us to heal and actually be able to get some of the work that we have all promised to do done.”

The councilors also acknowledged their own role in fueling the city’s instability, and the need to rebuild trust and communication with each other, as well as with city staff and the community.

Earlier this month, the recruitment firm hired to find a new manager cut ties with Charlottesville, and the firm’s principal claimed he had “never seen a level of dysfunction as profound as what he was seeing here.”

After learning about Blair’s impending departure, the councilors decided to expedite the search process, and choose a qualified manager on their own. However, they stressed that they were not trying to set a “precedent” of making decisions behind closed doors, and would begin a public city manager search, likely in 2022.

“We are looking at one and a half to two years,” said Councilor Sena Magill. “It’s that balance of making sure [Boyles] has enough time to get the stabilization in place, as well as making sure it doesn’t go too long without public input.”

Boyles said his top priority is to fill all the vacant city leadership positions, including a Neighborhood Development Services director, three deputy city managers, and executive director for the Police Civilian Review Board.

While Boyles’ appointment has received praise, it’s also drawn criticism from community activists and members who petitioned for the city to bring back former city manager Dr. Tarron Richardson, who resigned in September.

_________________

Quote of the week

For the past 18 months, I’ve been inspired to seek greater service—motivated by the challenges facing my community.

Dr. Cameron Webb on being selected for the White House COVID-19 Response Team

__________________

In brief

Xzavier Hill

On January 9, 18-year-old Xzavier Hill of Charlottesville was killed by Virginia State Police on I-64 in Goochland County. Police claim Hill, who is Black, led them on a high-speed chase and pulled out a gun when they approached his car, but his family says the dash-cam footage proves that there was no chase, and he was unarmed. The family is now petitioning VSP to release the footage to the public.

Locals arrested in D.C.

An area man was arrested this week for bringing a gun and 37 rounds of unregistered ammunition near the U.S. Capitol complex on Sunday, reports the Washington Post. Guy Berry, a 22-year-old Gordonsville resident and truck driver who attended Monticello High School, is “one of those open-carry people,” says his aunt in the Post piece. Berry is not the first Virginian to be arrested at the Capitol since January 6—last week, a Front Royal man was caught trying to make it through the secure perimeter with fake identification and huge amounts of ammunition.

No more death penalty?

The death penalty is one step closer to being abolished in Virginia. With a 10-4 vote, the state Senate Judiciary Committee passed a bill on Monday that would eliminate the practice. Those in support of the bill—including Governor Ralph Northam—argue that death penalty sentences are disproportionately given to Black people, while others who oppose the repeal believe the penalty should still be reserved for people who murder law enforcement. In last year’s session, a death penalty abolition bill was voted down in subcommittee, so this week’s vote represents a key step forward.

Caption: Senator Scott Surovell (D-Fairfax) is the chief patron of the death penalty bill that’s moving through the General Assembly.PC: File photo

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‘Roughshod:’ Questions remain about state police show of force in Fifeville

Herb Dickerson and his sister own a house in Fifeville, and when he got a phone call from her telling him to get over there on August 27, “I could hear the frantic in her voice,” he says.

He pulled onto Seventh Street and saw “this armored vehicle blocking the street and a state police car blocking the other end,” he says.

Dickerson is a recovered addict who won the prestigious Gideon Award in 2017 for his community service helping others struggling with substance abuse. He says the officer he spoke to told him they had a search warrant because a confidential informant said his son, a convicted felon, had a weapon.

He found the show of force—neighbors estimate 20 officers in combat attire and two armored vehicles—perplexing because he’d driven by his house twice that day and seen his son sitting on the front porch. And when police arrived, his son was standing across the street. “I don’t know what kind of investigation they do when they didn’t even know what he looked like,” he says.

It’s one of many questions that remain concerning the Virginia State Police and Jefferson Area Drug Enforcement task force operation that took place in Charlottesville without the knowledge of city police. And it comes as cops across the country are increasingly using SWAT team raids merely to serve warrants, says Rutherford Institute founder John Whitehead, who has written several books on the militarization of the police.

For neighbors, it was terrifying.

Cops were in combat gear with armored vehicles when they questioned two little girls about where their uncle was. courtesy Herb Dickerson

Dickerson’s daughter, Annette Anthony, lives in the house with her 11- and 6-year-old girls, who were sitting on the porch when police arrived around 6pm.

The cops asked the girls where their uncle was, then told them to go across the street, she says. Anthony had just come into the house when she heard, “Come out with your hands up,” she says. “They had guns drawn with a beam on my head. I looked on my porch where my kids had been and asked, ‘Where are my kids?’”

Neighbor Brock Napierkowski filmed the operation. He says when Anthony came outside to look for her daughters, she and a friend had their hands zip tied by police and were put in an armored vehicle. “I was going crazy,” Anthony says.

“When parents are taken into custody, children become wards of the state,” says Napierkowski. “No officer took care of them.” Nor were they forthcoming in telling Anthony where her children were, he says. “I can’t imagine how traumatic that was.”

Charlottesville Police Chief RaShall Brackney declined to comment about state police and JADE, the multijurisdictional task force that Charlottesville police used to lead but now no has officers on, coming onto her turf without notice. She and Captain James Mooney met with Dickerson, Anthony, and Napierkowski at the house the next day.

“They were not happy with the whole incident,” says Napierkowski. “Chief Brackney took time to speak with the children to make sure they weren’t scared.”

“She came and apologized,” says Dickerson. “She apologized to my daughter and my grandkids.”

When asked about notifying local police before a major operation, state police spokeswoman Corinne Geller says, “We are a state police agency, thus we have statewide police authority and arrest powers.” Geller says Brackney was informed that evening before a press release went out, after the search.

“Because the individual we were searching for is a violent, convicted felon, use of the tactical measures utilized to effect the warrant are standard practice for the purpose of public and officer safety,” she says. And the operation, she adds, “was not a ‘raid.’”

It’s a “common courtesy” to notify a local jurisdiction if another law enforcement agency is coming in, says former Charlottesville police chief Tim Longo. But not one frequently observed by state police, which did not notify Longo when it conducted a raid on a fake ID operation on Rugby Road in 2013.

When there’s a danger of shots being fired and local police don’t know another agency is there, “We’re coming in blind at a tactical disadvantage,” says Longo. “What was the sense of urgency that you come in here with no notice?”

Court records show an August 5 search warrant filed by Albemarle Detective Matt McCall that was voided and never served. McCall serves on JADE and had a $50 heroin case rejected by a jury as entrapment in 2016 when an addict was used to set up another addict. McCall filed a second search warrant August 27 at 4:29pm, fewer than two hours before the raid.

Geller declines to say how many officers were involved in the incident, nor would she identify the jurisdiction of two of the men wearing “sheriff” vests, “because this is an ongoing criminal investigation and any additional release of information would jeopardize that investigation.” Both Charlottesville and Albemarle sheriffs say none of their deputies were involved.

“One of the men had a patch of ‘The Punisher’ on his vest,” says neighbor Amy Reynolds of the skull emblem that can be a favorite of law enforcement. “I understand that this may be his First Amendment right, yet it is in poor taste.”

Reynolds says she was “very alarmed” to see the show of force on her street and she wrote state Senator Creigh Deeds expressing her concern.

Two weeks after the operation, no one has been arrested. Nor was a gun found, although state police report that bullets, a bag of white powder, digital scales, and baggies were found. Anthony calls the reported white powder “bullshit” and says there were no drugs in her house.

Civil rights attorney Jeff Fogel wonders why police didn’t obtain an arrest warrant if Dickerson’s son is so dangerous, and why “they didn’t go after him and give a description.”

The show of force in executing the search warrant, including two flash bang grenades thrown into the house, is “unreasonable,” says Fogel, and “shows a total insensitivity to the community, a primarily black community,” especially after state police failed to intervene in the violence of August 12, 2017, and then showed up with “overwhelming force” last year.

“They could have watched and arrested him coming and going,” says Fogel. He believes police didn’t have enough evidence to arrest the son. “The whole thing stinks.”

A broken mirror was part of the property damage at 311 Seventh Street after the state police raid, along with a broken window, bed, and ruined clothing and carpet. Courtesy Herb Dickerson

Dickerson had been busy replacing a window broken during the raid the day he spoke to a reporter. He says his house looked like it had been flipped on its side, and he’s had to throw away a lot of damaged belongings, including an oriental rug ruined by the flash grenades.

State police and JADE “ran roughshod” over the community, he says. “You got the whole neighborhood upset and you didn’t need to.” He’d like police to “apologize to the community where I live.” And he’s not ruling out litigation.

Says Anthony, “It’s crazy that two weeks later, I still cry.”

Correction: Charlottesville police still contribute funding to JADE—about $13,000—but no longer has officers on the task force.

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In brief: VSP whites out, Queen of Virginia sues, Hoos win World Cup, and more…

State police redact—heavily

Natalie Jacobsen, a reporter who has written for C-VILLE, has been trying to get the Virginia State Police to release its August 12, 2017, operations plan for almost two years under the Freedom of Information Act. She seemed close May 22, when a Charlottesville judge ordered the state police to produce the plan. However, what Jacobsen received is a document with 132 blank pages, and she’s going back to court.

According to the motion her attorneys with Reporters Committee for Freedom of the Press filed July 9, the entire report was redacted except for portions previously published in the Governor’s Task Force and the Heaphy reports.

State police “were required to release all portions” of the operations plan, including non-public parts that are not subject to the tactical plans exclusion in FOIA, says the court filing. Jacobsen also objects to the state agency citing other FOIA exemptions for first time, and says with the
blank pages, she’d have to guess at which exemptions police are applying to particular information.

She wants the court to order state police to immediately release portions of the 177-page plan that were improperly redacted. A hearing date has not been set.


Quote of the week

“We want Charlottesville to be known as a community that has learned important lessons from our long and complex racial history, from the Summer of Hate, that we are resilient, and that we have set a course for a better future for all of our residents.” —City Manager Tarron Richardson on ditching TJ’s birthday


In brief

Commonwealth’s Attorney Joe Platania got sued by a game maker who took issue with Platania’s assessment of Queen of Virginia’s legality. staff photo

Prosecutor sued

The company that makes the Queen of Virginia game filed a lawsuit against Charlottesville Commonwealth’s Attorney Joe Platania, who banned the machines in the city in June and said enforcement would begin August 5 for those who had not removed the games, according to the Daily Progress. According to a post on SafeBettingSites.com, the manufacturer contends the machines are “skill games,” while Platania says they violate Virginia’s law against illegal gambling. 

World Cup Hoos

Three former UVA soccer players—Becky Sauerbrunn, Morgan Brian, and Emily Sonnett—were on the winning U.S. national women’s soccer team in Lyon July 7, and UVA women’s soccer head coach Steve Swanson served as an assistant coach.

Sanctuary fine

ICE is threatening to impose a $214,000 fine on Guatemalan refugee Maria Chavalan Sut, who has lived in Wesley Memorial United Methodist Church since October while she fights deportation, the DP reports. The Reverend Isaac Collins says “The purpose of it is to intimidate Maria and to put pressure on her.”

Can’t shut up

Crying Nazi Chris Cantwell allegedly threatened one of the lawyers suing him for damages stemming from August 2017. Attorney Roberta Kaplan asked a federal judge to order Cantwell to stop making “unlawful threats” on social media, such as this on Telegram: “When this stupid [anti-Semitic slur] whore loses this fraudulent lawsuit, we’re going to have a lot of fucking fun with her.”

State Senator Bryce Reeves points out that one of his Senate colleagues is “openly gay” at an NRA gathering. file photo

Sexual orientation noted

At an NRA conference in Fredericksburg in June, state Senator Bryce Reeves, who represents eastern Albemarle, said the agenda of the only “openly gay senator,” Adam Ebbin, is “infanticide” and gun bills, and that Dems want a “$20, $25” minimum wage, the Washington Post reports. Ebbin disputes Reeves’ characterization of his legislative goals, and says he’s “offended,” “hurt,” and “shocked” Reeves would invoke his sexual orientation.

Warmbiers want ship

The parents of UVA student Otto Warmbier have filed a claim for a North Korean cargo ship as payment on the $500 million judgment they received in the death of their son following his imprisonment in North Korea. 

Mall shooting

A shot was fired into the Commonwealth Restaurant & Skybar around 11:30pm July 5. Police found a bullet hole in the window, but no one was injured. Tayveyon Laric Brown, 18, was arrected and charged with attempted malicious wounding, shooting into an occupied dwelling, discharging a firearm in the city, discharging a firearm in a street or place of public business and reckless handling of a firearm.  

Caretaker crime

Danielle Messineo, of Madison, was sentenced July 3 to 10-and-a-half years active incarceration for forging checks and stealing money from a quadraplegic relative. She was convicted of three counts of grand larceny and three counts of forgery. Her sentence exceeded the two-and-a-half years sentencing guidelines because of the victim’s vulnerability and her position of trust as a caretaker, said the judge.


Scoot on!

Electric scooters will remain another six months, but hint to riders: Stop riding them on the sidewalk and blocking pedestrian traffic.

Lime and Bird electric scooters have made over 115,000 rides and sent 32 people to the emergency room in the six months since they came to town in December. Those were a few of the details City Council learned at its June 17 meeting, where council members voted to extend the pilot scooter program—before Bird took a summer hiatus.

Charlottesville residents will now have until at least December 2019 to rent ’em and ride ’em. For a starting fare of $1 and 15 cents a minute, riders can zip around in bike lanes and streets anywhere in the city—except the Downtown Mall, a designated no-go zone. City Council also voted to expand the scooter fleet from 200 to 300.

City staff identified several concerns with the program: users riding on sidewalks, leaving scooters willy-nilly around town, and not wearing helmets. Both Lime and Bird require participants to sign a virtual agreement to wear one but, with no concrete way to enforce this rule, residents are opting to go helmet-less.

But at 700 rides a day and growing, safety concerns don’t seem to deter potential riders.

In the meantime, the committee will continue to collect data on the pilot program, and City Council will reconvene in December to decide the permanent fate of the scooter sensation.

Correction July 16: The original scooter story should have indicated the nearly 700,000 gallons Lime says it’s saved are since the company was founded, not here in Charlottesville.

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Tackling hate crimes: Attorney general, local leaders discuss new bills

Attorney General Mark Herring has spent the past few years studying the issue of hate crimes and white supremacist violence across the commonwealth and advocating for new legislation to combat it. On December 5—coincidentally during the state’s murder trial against the neo-Nazi who drove his car into a crowd on August 12, 2017—Herring hosted a roundtable discussion on both topics in Charlottesville.

Approximately 20 local leaders representing a bevy of faith communities, cultural groups, government, and law enforcement gathered in the basement of the First Baptist Church to participate.

Herring, who sat at the head of the table in front of a Christmas tree with big red bows, kicked off his discussion with a few statistics.

“It is past time to acknowledge that hate crimes are on the rise,” he said, noting that Virginia State Police have recorded a 64 percent increase in hate crimes since 2013. There were more than 200 committed in the state last year.

Leaders at every level should condemn the hate and bigotry that “we all sense in our own communities,” he said.

And “the state needs to pair those words with actions,” he added, as he introduced multiple bills already on the agenda for next year’s General Assembly session. Last year, he pushed two similar bills, including one that would punish white supremacists as domestic terrorists, but the Republican-led Committee for Courts of Justice declined to hear it.

One of the new bills would give localities the ability to ban firearms at permitted events, such as the 2017 Unite the Right rally in which paramilitary groups lined the streets of Charlottesville with semi-automatic rifles swung over their shoulders.

But that legislation, if passed, still won’t satisfy some local leaders.

“It’s not the permitted event. It’s the every day,” said Charlottesville Police Chief RaShall Brackney, who wants to be able to prohibit guns at any time or place within the city, regardless of whether a permitted event is taking place.

She noted that at the Key Recreation Center, for instance, the city doesn’t allow its employees to carry guns, but any guest is more than welcome to come in packing heat. Brackney then called Virginia a “very strong Second Amendment state.”

“I believe people’s minds are changing,” countered Herring. He promised the chief, “We’ll keep working on it.”

At this roundtable, and at three he previously held across the state, he asked participants to give examples of hate crimes that they or other folks in their communities have experienced.

“This year, we have just been flooded,” said Janette Martin, president of the Albemarle-Charlottesville NAACP. She gave an example of a woman who keeps calling the police on her black neighbor for seemingly no reason. “It’s obvious what her motive is,” she added.

Rachel Schmelkin, the rabbi educator at Congregation Beth Israel, said their congregation has faced several anti-Semitic incidents over the past few years. She described an alert the synagogue received on August 12, 2017, in which white supremacists had sent out a message that said, “Let’s go toward those Jewish monsters at 3pm.”

Just a few weeks ago, on the anniversary of the Night of Broken Glass—when Nazis in Germany orchestrated a massive attack against Jews on November 9, 1938—Schmelkin said someone drew swastikas on a shop near the synagogue. At 8:30pm, she and her husband went to CBI to “check every inch of the building” to make sure they hadn’t gotten the same treatment.

“We have to bear the burden of that,” she said, and added that Deacon Don Gathers also walks around the synagogue late some Saturday nights just to check on it.

After the October mass shooting of 11 worshipers at the Tree of Life synagogue in Pittsburgh, Schmelkin said she wanted to debrief with the high school students who attend CBI.

“They were all really quiet,” she told Herring. “A number of them said they were relieved because they expected it would have happened here. I think that’s indicative of how unsettled our children have felt since August 12.”

Schmelkin said they now have security outside the synagogue, “almost 24/7.”

At the local mosque, Islamic Center of Central Virginia outreach secretary Noor Khalidi said law enforcement is also present for major events, such as Friday night prayer sessions.

They haven’t received any threats. “We’re sort of holding our breath, though,” she said.

After meditating on that comment for a moment, Herring said, “No one in our commonwealth or our country should feel that way.”

Whats on the table

When Attorney General Mark Herring stopped by Charlottesville last week to talk about local hate crimes and white supremacist violence, he also wanted to offer details on five upcoming bills that address those topics. This is what they hope to accomplish.

  • Update Virginia’s definition of “hate crime” to include crimes committed on the basis of gender, sexual orientation, gender identity, or disability
  • Allow the attorney general to prosecute hate crimes through a network of multi-jurisdictional grand juries, instead of at the local level
  • Prohibit paramilitary activity
  • Give law enforcement better tools to identify and intervene in the actions of violent white supremacist and hate groups, making it harder for the groups to operate
  • Close the loophole that allows people convicted of hate crimes the right to possess a gun
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Anniversary weekend ends peacefully, with sad remembrances

A year after white supremacists and neo-Nazis marched with torches through UVA and violent clashes in the streets left one woman dead and dozens injured, it was with some trepidation that locals commemorated August 11 and 12. The weekend ended without serious injury and with a handful of arrests on misdemeanor charges.

By late Sunday afternoon, the barricades surrounding downtown Charlottesville, which some said had put the city under “martial law,” were coming down, and the 700 Virginia State Police began heading home.

While sightings of hate group members were rare, more than 1,000 police in town created another sort of tension. A student demonstration planned in front of the Rotunda Saturday night abruptly changed course because of layers of restrictions, barricades and cops, and became a loop around university neighborhoods.

And a march from a morning Washington Park remembrance of last year’s tragedy to Fourth Street, where a driver plowed into a crowd of counterprotesters, killing Heather Heyer and injuring many more, became heated when police blocked access to the Downtown Mall from Water Street, where entrance already was restricted to First Street and Second Street SE.

Those entry spots had cops lined up forming a humans-on-bikes barricade there, and marchers continued down to Fourth, where police refused to let them enter. After some heated moments and negotiations by activist Don Gathers, the band of more than 100 marchers split and some went back to Second Street SE to enter the mall through the checkpoint and commemorate the tragedy that occurred on Fourth Street.

Heyer’s mother Susan Bro came with flowers both for her daughter and for the two Virginia State Police officers—Jay Cullen and Berke Bates—who died in a helicopter crash August 12.

“This is not all about Heather,” said Bro. “Oh my dear heavens. There were so many people who were wounded that day. They’re still suffering, still injured. There’s so much healing to do. We have a huge racial problem in our city and our country and we’ve got to fix that, or we’ll be back here.”

Bro brought two red roses for the downed officers, and purple stock for her daughter, which she laid on a memorial of flowers on the sidewalk.

And Bro hugged many of the people who were there August 12 a year ago, including Heyer’s friends Courtney Commander, Marissa Blair and Marcus Martin, the latter captured in Ryan Kelly’s Pulitzer Prize-winning photograph, hurtling up in the air behind James Fields’ car.

Marcus Martin, a year after being thrown over the top of James Fields’ car, says his wife, the former Marissa Blair, has to walk by the spot every day. staff photo

And as people were dispersing, another standoff occurred with helmeted state police in the intersection of Water and Fourth streets.

Observing from the mall was Brian Moran, Virginia secretary of public safety, who was here a year ago and watched from the sixth floor of the Wells Fargo building the violent clashes on Market Street below, and famously compared the sporadic skirmishes to a hockey match.

Moran said he counted the weekend a success with a minimum number of arrests. “I couldn’t be prouder of these officers,” he said. “We said it wouldn’t happen again. The city welcomed our resources.”

As he said that, shouts could be heard down Fourth Street, and when asked what was going on, he said, “They’re yelling at police. Last year a woman got killed when protesters took to the streets. We made sure there was no traffic this time. Police are trying to protect the protesters and they got yelled at.”

Virginia Secretary of Public Safety Brian Moran says one of police goals was to block streets to protect protesters from getting mowed down. Staff photo

Moran noted that Jason Kessler, organizer of last year’s deadly Unite the Right rally, had just boarded a Metro in Vienna to go the sequel event he was having in Washington, and Moran seemed relieved to have him out of the state. UTR2 reportedly drew around two dozen supporters and thousands of counterprotesters.

Four arrests had been made by 4pm Sunday. Tobias Beard, 42, a former C-Ville Weekly contributor, was charged with obstruction of free passage when police say at around 11:04am, he deliberately positioned himself in front of police motorcycle units that were attempting to provide safe passage for a group of demonstrators in the area of Preston Avenue and Eighth Street. He was released on a summons.

Activist Veronica Fitzhugh, 40, and Martin Clevenger, 29, of Spotsylvania were each charged with one count of disorderly conduct when Clevenger saluted the Lee statue in Market Street Park at 11:25am. A small group gathered around him and a verbal altercation between Fitzhugh and Clevenger became physical, according to police. Both were released on a summons.

And Chloe J. Lubin, 29, of Portland, Maine, was arrested by Virginia State Police on four misdemeanor charges: assault and battery, disorderly conduct, obstruction of justice and possession of a concealed weapon. At approximately 2:10pm, a state trooper observed Lubin spit in the face of a demonstrator in the area of Fourth and Water streets. As the trooper attempted to take her into custody, she clung to another demonstrator. Upon her arrest, she was found to be in possession of a metal baton, say police. She was released on an unsecured bond.

 

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In brief: City departures, a random drawing and Coran’s cannabis (or lack thereof)

City departures

Besides the abrupt retirement of former police chief Al Thomas, City Attorney Craig Brown will head out the door after 32 years for a new gig as Manassas’ first city attorney. In addition, Charlottesville’s spokesperson Miriam Dickler will sign off early next year, and Commonwealth’s Attorney Dave Chapman is filing his final briefs after six terms as the city’s prosecutor.

Another retirement

Virginia State Police Superintendent Steven Flaherty will leave the post he’s had for 14 years early next year, a move he says is unrelated to scathing reviews of state police August 12. Governor-elect Ralph Northam has named Lieutenant Colonel Gary Settle to succeed Flaherty February 1.

Random drawing

Virginia’s House of Delegates could see a 50-50 Democratic-Republican split—or not—following the December 19 recount of a Newport News race that put Dem Shelly Simonds up by one vote. The next day, Republican Delegate David Yancey picked up another vote to tie the race, and now the winner will be determined by drawing lots.

Quote of the Week:

“They put two names in, somebody shakes it up and they pull it. It’s that or it’s straws.” -State Board of Elections member Clara Belle Wheeler tells the Richmond Times-Dispatch how the winner in the tied race in the 94th District will be determined

Unpopular move

Albemarle County General District Court. Staff photo

Albemarle supes put a moratorium on discussions about moving county courts from downtown until March 2, but directed their consultant to continue exploring relocating the County Office Building and developing a performing arts and convention center in the county.

Shelling it out

The city will most likely be ordered to pay $7,600 in legal fees to attorney Pam Starsia, who represented Vice-Mayor Wes Bellamy when white nationalist Jason Kessler unsuccessfully attempted to remove him from office in February. Starsia, who is a former Showing Up for Racial Justice organizer, told the Daily Progress she plans to donate the money to local anti-racism causes, though she has relocated to Texas.

Coran Capshaw. Photo by Ashley Twiggs

RLM disavows high-profile summit

On November 27, the Aspen High Summit website was touting music/development mogul Coran Capshaw of Red Light Management as a headliner for its invitation-only December 11-13 meeting of the minds for visionaries in the music and cannabis industries.

At least it was until a C-VILLE Weekly reporter called, and then Capshaw’s name abruptly disappeared from the Aspen High website.

The summit brings together the “Music Tribe and the Cannabis Tribe” to “finally consummate their long relationship,” according to the website, over hot toddies and “first class cannabis” in Colorado, where toking is legal.

The Arcview Group, a cannabis investment organization in Oakland that boasts more than 600 high net-worth investors who have pumped more than $140 million into 160 cannabis-related ventures and raised more than $3 million for the legalization effort, according to its website, sponsored the event.

Despite being billed as invitation only, the Aspen High website appeared to offer tickets to anyone who wanted to pony up $1,150.

In a rare response from Red Light Management, Ann Kingston writes in an email that Capshaw “was never attending this event. We called them due to your inquiry and they took down any reference to RLM.”

Correction December 28: Albemarle supervisors put a moratorium on court relocation until March 2, not March 1, but will continue to explore development of government offices and performing arts and convention centers in the county, but not the courts as originally reported.

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Not ‘finger pointing’: State task force weighs in on August 12

 

Almost immediately after the violent clashes in Charlottesville August 12, Governor Terry McAuliffe established a task force to review the events of that weekend, and consultants presented a preliminary report November 15.

The top two takeaways: This is a new era of protests—and a stronger permit process for those seeking to use public facilities could avoid the violence in the streets that left counterprotester Heather Heyer dead.

“People were coming in from out of state,” says Nicky Zamostny, the task force director who works in Secretary Brian Moran’s Office of Public Safety. In comparing videos, “we’re seeing a lot of the same faces. It’s a completely new sort of incident.”

The preliminary report notes competing, heavily armed groups of protesters out to harm one another, loaded with weapons and projectiles and using social media to coordinate efforts.

The other significant finding, says Zamostny, is a “strong permitting process” is the best way to avoid what happened at Emancipation Park. Among the recommendations is to restrict the length of time of the permit, change state law to allow the prohibition of weapons and have a protocol in place before the next Jason Kessler asks for a permit.

“We’ve worked with a First Amendment scholar,” says Zamostny. “Localities can absolutely have a strong permit process.”

The task force, made up of about two dozen top public safety officials from across the state—except from Charlottesville—heard a report from the consultants who actually did the review heavy lifting: the International Association of Chiefs of Police, which was paid around $46,000, and the Olsen Group, which cost $300,000, according to Zamostny.

“It’s not about finger pointing,” says Zamostny—several times in the course of a phone interview—perhaps mindful that the day the initial report came out, Charlottesville spokeswoman Miriam Dickler fired off a statement: “It is disappointing that, from what we have heard to date, the report lays fault on one organization rather than comprehensively considering the roles played by each participating agency.”

The city hired Tim Heaphy to conduct an independent, in-depth review that’s expected to be presented to City Council December 4.

As much as the state’s review was not about placing blame, the initial report notes, “Recommendations communicated by the state to the City of Charlottesville were not accepted, including industry best practices for handling violent events.”

Among the concerns shared with Charlottesville were intelligence the participants were planning to be violent and a mass-casualty event, such as a car attack, was a possibility, according to the report.

The big question in Charlottesville since August 12 has been, where were the police and why didn’t they intervene when demonstrators were fighting. The governor’s task force does not address that issue, but it does note the “lack of a unified command.”

Virginia State Police appeared after an unlawful assembly was declared. Staff photo

Activist Emily Gorcenski says she has not read the entire report, but her impression is that it was more a presentation of tactics. “My question was, is this a review of what happened in Charlottesville or was this a case study for future events. My sense is it’s the latter.”

Zamostny likely wouldn’t disagree. She says the focus was public safety, and “to have necessary precautions in place” across the state to prevent future violent events.

The report also identified “a lot of things that went well,” she says. The state provided “an unprecedented level of resources,” including 600 Virginia State Police, 125 National Guard members and more than 400 on standby.

State police leave Emancipation Park after protesters were ordered to disperse August 12. Staff photo

But the recommendations suggest the state may have second thoughts about providing such a level of resources while allowing a locality to retain command. “The state should re-evaluate the extent to which it is comfortable remaining in a support role to local jurisdictions, particularly following a declared state of emergency and when large numbers state resources are allocated,” advise the consultants.


What went wrong: the state’s perspective

  • Charlottesville didn’t heed state recommendations
  • Charlottesville didn’t put restrictions on Jason Kessler’s Emancipation Park permit
  • Disparate incident action plans
  • Lack of unified command, unclear chain of command
  • Multiple command posts—and the one at Wells Fargo was “not functional”
  • Decision-makers weren’t trained on command post operations
  • Similar functionary units couldn’t communicate on the same radio frequency
  • No primary spokesperson
  • Criminal histories of participants not evident in operations plan

 

govTaskForcereviewAug12

Work Group RecommendationsAug12

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In brief: Feeding hungry bellies, prison censorship and more…

The fight against hunger

September is Hunger Action Month, when people across the nation raise awareness for empty bellies by supporting the country’s network of food banks. Locally, we have two main groups fighting the good fight—the Emergency Food Network and the Thomas Jefferson Area branch of the Blue Ridge Area Food Bank. Here’s a look at those organizations and how much food they’re able to put on the table.

Emergency Food Network

  • Serves 1,625 individuals in 470 households each month
  • On average, that’s 131 seniors, 781 adults and 712 children
  • Each three-day supply of food includes: cereal, canned vegetables, fruits, beans, tuna and chicken, soup, macaroni and cheese, rice, bread, milk, margarine and cheese. Clients can add peanut butter and fresh fruits and vegetables.
  • EFN gave the Boys & Girls Club $8,462 in grocery store gift cards in 2016
  • EFN donated $32,134 to community groups
  • All city and county residents are eligible to receive help once a month

Blue Ridge Area Food Bank

  • Serves 22,826 people in the Thomas Jefferson Area branch each month
  • Distributes 3.4 million pounds of food in that district annually
  • Food donated through community drives makes up about 3 percent of the food it acquires
  • The local district covers Albemarle, Buckingham, Fluvanna, Orange, Greene and Madison counties and Culpeper

Tim Heaphy’s legal bill

Tim Heaphy. Photo courtesy U.S. Attorney’s Office

Charlottesville hired former U.S. attorney Heaphy to investigate the city’s handling of three white supremacist gatherings this summer. The Republican Party of Virginia immediately questioned that choice because Heaphy has made donations to Democrats, including $200 to Mayor Mike Signer. The city will pay Heaphy’s Hunton & Williams law firm $545 an hour with a $100,000 cap for the initial assignment.

March on, march off

Virginia State Police suspended the permit of those participating in the March to End White Supremacy from Charlottesville to D.C. September 1, citing rain and traffic, but event organizers say they’re marching on (alongside actor Mark Ruffalo, who joined them August 31). Their journey was temporarily halted on day three, August 30, when organizers received threats of an armed person waiting at the end of the route in Madison.

Quote of the Week:
“I feel guilty. I am ashamed. …As a white man, I think it’s my job to stand up and say no, you’re not going to do that anymore.Thomas Freeman after he pleaded guilty to blocking the KKK from entering Justice Park

Another lawsuit

Robert Sanchez Turner, 33, filed August 28 for an undisclosed amount against the city, Police Chief Al Thomas and Virginia State Police superintendent Steven Flaherty for an alleged “stand down” order during the August 12 rally, in which he says he was struck in the head and pepper sprayed with no police intervention. He is represented by Verona-based Nexus Caridades Attorneys.

Humanists allege prison censorship

The American Humanist Association filed suit against the Virginia Department of Corrections for banning its July/August issue of the Humanist for nudity because it has a small photo of Rubens’ 17th-century painting “The Garden of Eden.” This is the seventh suit civil rights attorney Jeff Fogel has filed against the DOC for censorship, and the plaintiffs have prevailed in the earlier actions.

Pay to park in effect

The city’s six-month pilot meter program kicked off September 5 for 105
spaces on streets immediately around the Downtown Mall. Potential parkers will find either individual meters or kiosks. All accept cash or credit.

  • Costs $1.80 an hour from 8am-8pm, Monday through Saturday
  •  Two-hour limit
  • First hour free in Market Street Garage, then $1.50 an hour
  •  Merchant validation ditched in Market Street, still available in Water Street Garage
  • City offering a one-week grace period before ticketing begins
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Show of force: Police tear gas protesters after KKK leaves rally

Charlottesvillians pulled out the unwelcome mat for the Loyal White Knights of the KKK July 8 in Justice Park. An estimated 1,000 people surrounded the park before the arrival of the 50 or so out-of-town Klansmen, and the event was loud, but aside from the arrests of protesters who refused to move, without incident. It was afterward that Virginia State Police in riot gear tear-gassed protesters who refused to clear High Street, a first for protest-prone Charlottesville, at least in C-VILLE Weekly’s memory.

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Tear gas over High Street. Those state police riot squads mean business when they say to clear the street. Staff photo

Charlottesville police officers, Daily Progress reporters and ACLU observers were gassed, as well as bystanders near those blocking High Street, leading some to question the show of force at a demonstration that was breaking up on a street that was already closed to traffic

.John Whitehead, founder of the Rutherford Institute, a civil liberties organization, had advised local police before the event to avoid heavy-handed tactics and militarized equipment, and says people react differently when the riot shields come out. “What we had was an army,” he says. “What they were saying to the crowd was, this is a riot.”

Whitehead says he’s gotten calls from all over the country. “What I saw yesterday was not a community policing event. It was an armed police state. It’s not a good image to portray around the nation.”

“The city abdicated its duty to state police,” says civil rights attorney Jeff Fogel, who was present at Justice Park. “You can’t treat cops like human beings when they’re dressed like ninja turtles.”

Twenty-two people were arrested in the course of the afternoon. Local activist Veronica Fitzhugh, who already faces two charges from previous confrontations with right-wingers, lay down in front of the entrance police planned to use to bring in the Klan, and four officers carried her out, leaving her wig on the ground. She was booked and released, and her wig was returned.

nicMcCarthyArrest
Nic McCarthy was one of 22 people arrested. Photo Eze Amos

Nic McCarthy also was arrested for obstructing free passage. “Even though [the KKK] had a permit, I didn’t think it was okay—for me as a citizen—for them to spew their hate in my town,” he says. “I didn’t feel right about it and I decided to use civil disobedience to block them.”

The city had geared up for the event for weeks with alternate events at the Jefferson School, IX Art Park and the Sprint Pavilion. Police Chief Al Thomas and Mayor Mike Signer urged citizens to ignore the white supremacist group.

But for many, such as Black Lives Matter, Showing Up for Racial Justice and religious groups, turning their backs on the KKK was not an option.

Former congressman and recent gubernatorial candidate Tom Perriello was at the park. “It was a typical hometown weekend, seeing the family and protesting the Klan,” he says. “Ultimately silence is not an option.”

By 2pm protesters began filling and surrounding the park formerly known as Jackson Park. So too, did police. More than 100 Charlottesville police officers were present, assisted by Albemarle and UVA officers and dozens of Virginia State Police.

The Klan’s permit was from 3 to 4pm, but by 3pm, the only Klan supporter showing up was Crozet resident Colby Dudley, who wore a Confederate flag as a cape.

Around 3:20pm, police in riot gear filed out of the Juvenile and Domestic Relations Court building across the street from Justice Park, and cleared a path for the Klansmen to enter the park, which they did at 3:45pm.

A white-hooded man who identified himself as Douglas Barker said he was there so “they can’t take our statue down.” It was unclear if he was aware the statue City Council voted to remove—General Robert E. Lee—is located at a different park.

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Klansmen carry racist and anti-Semitic signs. Photo Eze Amos

The Klanners assembled in a free speech corral set up by city police, carrying signs such as, “Jews are Satan’s Children,” shouting, “White power” and waving Confederate flags, while the crowd of counterprotesters that vastly outnumbered them shouted, “Racists go home.”

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Photo Eze Amos

It was uncertain if the Loyal Whites’ imperial wizard, Christopher Barker, was going to appear because he’s facing charges from a stabbing in his home in Yanceyville, North Carolina, and his bond prohibits him from leaving the county. According to an imperial kludd who identified himself as James Moore, Barker was present in purple robes—although that man did not resemble Barker’s NC mugshot.

Moore, who has also been identified as Richmond area resident James T. Seay, says he came because he was “sick and tired of the ongoing cultural genocide of white people.” He cited Vice-Mayor Wes Bellamy and his infamous tweets about white women as another reason for protesting, but when asked about the conduct of the imperial wizard stabbing a grand dragon, Moore shrugged.

After the rally, he said the gang would have a cookout and cross burning on private property in Culpeper, where he expected to welcome new members.

The Loyal Whites and their coterie were escorted out around 4:40pm, and they were followed by protesters down Fourth Street NE, where they were parked in a garage behind the juvenile court. With the street clogged, Deputy Chief Gary Pleasants declared the assembly of people there “unlawful” and warned, “If you don’t disperse, you will be arrested.”

A parade of vehicles exited the garage. And then things got ugly.

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Police defend the garage where the KKK was initially unable to leave because of crowds blocking the street. Photo Eze Amos

Angry protesters shouted at police and blocked still-closed High Street. At least two people were wrestled to the ground near the juvenile court, and the order was given to disperse or chemicals would be used. Riot-clad police donned gas masks, and three rounds of tear gas were fired off, catching even some city police in the crossfire.

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Police and protesters after the KKK left. Photo Eze Amos

“It had gotten past the point of being dangerous, and we had to stop it,” Pleasants told CBS19. “People could not control themselves and became violent and we had to step in and take measures we absolutely didn’t want to take.”

“There was no reason for that stuff,” says Whitehead about the tear gas. He had advised police to shake protesters hands, but he says they feared the rally would become the next Ferguson. “When I saw those guys with the shields, I thought, ‘Oh my God.’ I was just hoping no one got killed.”

In a statement, Charlottesville police Chief Al Thomas says, “First and foremost, our primary goal was community safety and protecting the civil liberties of all of our citizens.  At the end of the day, three people were transported to the hospital; 2 for heat related issues and one for an alcohol related issue.”

Thomas did not respond to a request for comment about the use of tear gas, but says in the statement that over the next few weeks, police would be reviewing events of the day “to assess our successes and shortcomings.” And they’ll get to do it again for an even larger August 12 Unite the Right demonstration.

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Gas-mask wearing riot police disperse after shooting three rounds of tear gas. Staff photo

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Photo Eze Amos

An earlier version of this story appeared July 8.