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Tuesday, January 6, 2015 THE ROANOKE TIMES 5FROM A1
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The 71st governor of Vir-ginia and his wife, Maureen,wereconvictedof 11andninecharges respectively in a six-week jury trial for accepting$177,000 in gifts and loansfrom Jonnie Williams, theformer CEO of Star Scien-tific, in exchange for helppromoting a product.
The judge later threw outone of the nine convictionsofMaureenMcDonnell,whowill be sentenced Feb. 20.
The guideline sentencingrange recommended by thefederal probation office of10 years and one month to12 years and seven monthswill factor into Spencer’sdecision. The range is deter-mined by a formula thatincludes the nature of thecrimes and the backgroundof the defendant and otherfactors.
A significant part oftoday’s hearing could beargument over the guide-lines, which Spencer canrevise.
The judge is also free tosentence above or below the
guideline range.Prosecutors agree with
the probation office recom-mendation, while McDon-nell’s lawyers contend thecorrect range is 33 to 41months and, in any case,they are asking Spencer for asentence of community ser-vice in lieu of prison time.
Each side may call wit-nesses, and they are expect-ed to do so. The formergovernor will also be givena chance to make a state-ment before a sentence isimposed.
Charles “Chuck” James,a Richmond lawyer andformer federal prosecutor,said that Spencer will notifyMcDonnell he has 10 days tonote an appeal. “However, Ithink it likely the appeal isnoted almost immediately,”said James.
McDonnell ’s appealwould be made to the Rich-mond-based 4th U.S. CircuitCourt of Appeals.
McDonnell’s lawyersMonday asked Spencer toallow him to remain freepending the appeal shouldthe judge impose a prison
term.In a 29-page memo, the
lawyers argue that McDon-nell is not a danger to soci-ety or a flight risk and thathe has a substantial appealissue which could result ina reversal.
Andrew McBride, a for-mer federal prosecutor, saidit is highly unlikely Spencerwould approve the request.He said McDonnell, essen-tially, would have to per-suade the judge he made asignificant error during thetrial and that it is likely theappeal will succeed.
Randall Eliason, formerchief of the Public Corrup-tion/Government FraudSection at the U.S. Attor-ney’s Office in Washington,agreed. “I don’t sense thatJudge Spencer thinks that’sthe case here, so I’d be alittle surprised if he allowsMcDonnell to remain freepending appeal.
“But you never know,”he said.
McBride said that whileit is unlikely McDonnell willallowed to be free duringhis appeal, “They do have
a legitimate argument thatthere is a big legal issue inthis case.”
McDonnell’s lawyerssaidthe most significant issue onappeal is whether actionsMcDonnell took were, asthe government alleged,“official acts.”
Spencer accepted awider definition of officialacts consistent with that ofthe 4th U.S. Circuit Court ofAppeals,whileotherappealscourts have taken a morenarrow view.
The definition is criti-cal in determining whetherthe actions the McDonnellstook in exchange for the giftsand loans were illegal, saidMcBride.
James said that absentsome unforeseen circum-stance, Spencer will allowMcDonnell toself-surrenderseveral weeks after sentenc-ing.
“In many white-collarcases, where risk of flight isnot at issue, judges routinelyallow defendants to reportto whichever Bureau of Pris-ons facility to which they areassigned,” said James.
SENTENCING: Immediate appeal is likelyFroM 1
The victim and his moth-er sat quietly in the front rowof the Rockbridge Countycourtroom while Clark readfrom his statement. He saidhe has lost his home, vehicle,life savings, the church heloved dearly and the fellow-ship of its 200 members overlies and fabrications.
“I’m proclaiming myinnocence to the day I die,”he said.
Clark did not testifyduring his October trial. Ajury believed the testimo-ny of the now-16-year-oldwho said that soon after hestarted attending the Pente-costal Outreach Church as aseventh-grader, Clark beganto take him out for fast-foodafter services. After a fewweeks, Clark began forcingthe boy to touch him inap-propriately. The pastor alsotook him to his home wherehe sexually assaulted him,the teen said.
His discomfort at trialwas evident. Though hetestified via closed-circuittelevision, he seemed con-
fused during cross exami-nation and contradictedsome of his statements. Apsychologist testified thatvictims of church-relatedsexual assaults often arereluctant to talk about whathappened and that they feelintense shame because theyhad viewed their assailant asGod’s representative.
What Clark did “causeseveryone to question every-onebecause youdonotwantto believe a leader we trust iscapable of such things,” saidChristopher Billias, the chiefdeputy for the RockbridgeCounty commonwealth’sattorney. He asked Irvine toimpose what at Clark’s ageamounts to a life sentence.
“Quite clearly this youngman is affected for the rest ofhis life,” Billias said.
The jury recommendedhe serve 35 years in prison.
On Monday, RockbridgeCounty Circuit JudgeMichael Irvine said, “Thecourt feels the jury’s verdictwas justified by the evi-dence.” He ordered Clark toserve five years on each ofthe three indecent assault
counts and 10 years on eachof the two counts of carnalknowledge count. The sen-tences will run consecutive-ly. Irvine also imposed finesthat total $107,500.
Defense attorney KellyCutler said Clark wouldappeal the conviction. Hefaces similar allegationsregarding two other teens.Billias said that one is tootraumatized to pursuecharges. A trial on the otherset of charges is scheduledfor March 3.
As they did during histrial, some of Clark’s formerparishioners filled severalrows in the courtroom andwere joined by his 84-year-old mother, sister and niece.The sister, Dorcus Bennettof North Carolina, was theonly witness.
She said the trial and con-viction has been particularlyhard on their mother sinceClark was her prime care-taker.
“The only place she’sbeen is over here to the jail-house to see him,” she said.“A lot of people believe inhis innocence just like I do.
There’s been a lot of churchsupport behind him.”
After the hearing, asthe courtroom was beingcleared, angry words wereexchanged as the vic-tim’s mother walked byClark’s boosters. A deputyintervened.
Outside the courthouse,Clark’s sister and niece,Sandy McElroy, spoke withreporters. They said Clark isa man of God, steady in hisfaith and would never hurta child.
They claim the boys arelying and that it didn’t makesense that they would con-tinue to spend time alonewith Clark if he were molest-ing them. They also ques-tioned the motives of one ofthe jurors and echoed muchof what Clark said in hisstatement.
The former pastor saidthat maybe someone elsemolested the boy and thathe used him so that he couldget help.
“It’s not me who has tolay awake at night,” Clarksaid, adding that the boy“will be haunted” his lies.
YEARS: Judge imposed jury’s suggestionFroM 1
Lenard Antonio Hamlett, 29,of Roanoke was pronounced deadat the scene. His body was foundacross the street from the formerObenchain’sGreenhousesbuildingin a gravel lot, police spokesmanScott Leamon said Sunday.
Ronald Lee Ramey, 55, of Roa-noke was at the scene but wastaken to Carilion Roanoke Memo-rial Hospital, where he later died.Ramey was also the victim of oneof the city’s most violent shootoutsin 2006. At a party at a house thatauthoritieshadsaidwasbeingusedas a “nip joint,” or illegal nightclub,one person was killed and seveninjured, including Ramey.
Four other men from Roanokewere hospitalized with gunshotwounds from the Sunday shooting:Nelson Mikal Sanders, 22; JamarAntonioJames,27; JohnEthanEng-lish, 36; and Kente Gilkes, 33.
Another shooting the next dayat 11:30 a.m. in the 3400 block ofShenandoah Avenue, not far fromthe location of the Sunday shoot-ing, resulted in one injury. Perkinssaid the two shootings do not seemrelated at this time, but he said thefew blocks on Shenandoah Avenuehave historically experienced a lotof crime.
Police foundRobertDeonJohn-son, 20, of Roanoke in the parkinglot of the Nu Deli Mart parking lotwith a gunshot wound to his uppertorso, a serious injury for which heis receiving treatment at RoanokeMemorial.
Perkins showed The RoanokeTimes video footage of the inci-dent, which showed Johnsonarrive at the store in a vehicle withan acquaintance. When they enter
the store, a Jeep arrives. Whenthe two men leave the store, theacquaintance and the male driverof the Jeep start talking. A gun heldby Johnson appears from the leftcorner of the video, and the driverof the Jeep pulls a firearm fromhis waistband and fires shots inthe direction of Johnson, strikinghim once. Perkins said Johnson’sgun apparently malfunctioned orjammed.
The shooting suspect, whichpolice have identified, drove away.The acquaintance ran away afterthe shooting; he returned whenofficersarrivedbutdidnotprovidehelpful information.
Perkins said he intends torelease the footage to the publiconce police track down the otherman with the gun who fled thescene.
Briana Ellison said she wasinside the Nu Deli Mart buying adrinkwhensheheardacommotionoutside and someone said a manhad been shot. Ellison is studyingto be a nurse and went outside to
help by covering Johnson’s wounduntil medical assistance came. Shesaid she has lived in the area a longtime and has never recalled a lot ofviolence in the neighborhood.
“You could used to just walk upand down the street every day,” shesaidofShenandoahAvenue.“NowIwon’t let my children walk aroundout here. Stray bullets don’t have aname for no one.”
Perkins expressed frustrationover the lack of cooperation fromwitnesses and victims in bothshootings, which have not resultedin arrests. He attributed it to a cul-ture of honor and snitching.
“This is what the communityhas to decide, if you’re OK withpeople dying, then don’t snitch,”he said. “But if you’re upset overpeopledying, thenthis ‘stopsnitch-ing’ is a load of it. Step up.”
Whenofficersandfirstrespond-ersarrivedaround3:50 a.m.Sundayto a large, disorderly crowd thathad been inside the building in theObenchain lot,Leamonsaidpeopleat the scene were uncooperative
when authorities were administer-ing aid to the victims and gatheringdetails about what happened.
Police have collected alcohol,drugs and firearms from a build-ing where the greenhouses usedto be, according to a news release.Perkins said police have recoveredmultiple shell casings from twodifferent guns; however, they havenot yet been able to identify theshooter or shooters.
Police have identified andseized a vehicle of interest, andthey are gathering evidence fromit to help with the investigation.
Police are in the process ofdetermining who was responsiblefor renting the building and host-ing the party, which appeared tohave started after all ABC-licensedbusinesses closed for the evening,according to the news release. Peo-ple in the neighborhood said thebuilding where the shooting tookplace was known for hosting largegatherings on the weekends thatlastedintotheearlymorninghours.Multiple TVs and tables were setup inside and several people wholive and work nearby said peoplewould go to the building to watchsports.
The owner of the buildingon Sunday said that it was beingleased, but he said he was unawareof any of the activities that tookplace there.
Police did not have data for thenumber of calls for service for thatlocation immediately availableMonday.
“Wewanttosolvethesecrimes,”said Perkins, raising his voice infrustration. “But we need wit-nesses.”
Perkins said zone 4, whichincludes northwest Roanoke,
has been Roanoke’s most crime-afflicted quadrant over the years.Herattledoff statisticsaboutcrimethat occurs in that zone comparedtothethreeotherzones:62percentof all shots fired calls, 46 percent ofviolent crime, 58 percent of weap-ons offenses and nearly half of alldrug offenses.
Last year, 27 out of 35 of inci-dents in which someone was shotin the city occurred in zone 4. Andall of this year’s shooting incidentshave taken place in the same zone,resulting in Perkins choosing tomove more officers into the area.The area in zone 4 with increasedpolice presence is predominantlyminority, but Perkins said thefocus is not about race, an issue atthe roiling epicenter of a nationaldebate over policing followingevents in Ferguson, Missouri, andNew York City.
“It’snotaboutrace,andI’mtiredof people making it about race,” hesaid. “We go where the crime is,and 2015 will be driven by data, notby race.”
Perkins said violent crime isdown in Roanoke, although hewould not release data until theannual numbers were finalizedsometime this month.
“Roanokeissafe,unlessyoudealdrugs, go to nip joints at 4 in themorningwithguns,drugsandalco-hol,oryou’re inahorribledomesticsituation,” Perkins said. “The waypeople talkabout thiscity isappall-ing to me, and I’m tired of it.”
Anyone with information cancall theRoanokeValleyCrimeLineat 540-344-8500. Tips are anony-mous.
Staff writer Tiffany Hollandcontributed to this report.
SHOOTINGS: Chief frustrated with witness silenceFroM 1
$750,000, so they made thedecision to go ahead with iteven though the campaignisn’t finished.
Donations to “Fire Up611!” slowed down whenthe 611 left Roanoke, Fitz-patrick said, so the museumhas paused from solicitingdonations from the public.“Our hope is to reboot itonce the locomotive comesback.”
The museum expectsthe construction of thethree bay shelter to startbefore the 611 returns, hesaid.
Right now the partiallydismantled 611 rests at theNorth Carolina Transpor-tation Museum in Spencer,North Carolina, where itsmakeover in still in prog-ress. Weekend visitors to
the Spencer museum canpay $5 for a guided tour ofthe 611 repairs.
Hard-core train buffswill be interested to knowthat the engine’s morethan 200 flues have beenrestored and that the rearflue sheet was replaced.The engine’s air com-pressors also had to bereplaced, to the tune of$90,000. It still needs fourfront wheels replaced,Fitzpatrick said, whichhe expects to have donebefore it returns to Roa-noke.
What all that means forthe rest of us is that thechance to ride on a his-torical landmark is onlymonths away.
For more informationon the 611, call 342-5670 orvisit vmt.org, fireup611.orgor nctrans.org.
611: More than 200engine flues restoredFroM 1
Courtesy of Virginia Museum of Transportation
Workers take their lunch break in the 611’s firebox during aninspection of the train.
DON PETERSEN | Special to The Roanoke Times
Obenchain’s Greenhouses is in Roanoke’s zone 4, which has been thecity’s most crime-afflicted quadrant over the years.
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