News

Morning Notes

By ARLnow.com
Power lines near the Bluemont Junction Trail (photo courtesy Eric Dunham)

Road Closures Tomorrow — “The Arlington County Police Department, Virginia State Police, United States Park Police, and Virginia Department of Transportation will close multiple roadways on Tuesday, July 4th, 2023. These closures are designed to facilitate the safe passage of large crowds for the Independence Day events and fireworks.” [Arlington County]

County Gov’t Closed on July 4 — “Arlington County Government offices & services are operating on modified schedules for the Independence Day holiday… Permit parking is always in effect unless specifically noted on the sign. Meters are not enforced on holidays.” [Arlington County, Arlington County]

SoberRide Active for Holiday — From the Arlington County Police Department: “If your celebration includes alcohol, plan a safe ride home before the festivities begin. This Independence Day, @WRAP_org is offering free Lyft rides to help prevent impaired driving.” [Twitter, SoberRide]

Armed Robbery in Cherrydale — ” 3900 block of Langston Boulevard. At approximately 12:10 p.m. on June 29, police were dispatched to the report of an armed robbery. Upon arrival, it was determined that the suspect entered a business, brandished a firearm and demanded cash. The suspect fled the scene with an undisclosed amount of cash.” [ACPD]

Friday’s Road Work Near Ballston — “According to Arlington Department of Environmental Services, around 2:12 p.m., a sink hole was reported at Washington Boulevard and North Glebe Road. It was caused by a valve leak in that area and resulted in traffic being limited to the intersection. Crews reported to the scene to to repair the leak and restore the road surface. Drivers were advised to seek alternative routes at the time.” [WUSA 9]

Beyer Revives SCOTUS Bill — “Today, Representatives Ro Khanna (CA-17) and Don Beyer (VA-08) reintroduced The Supreme Court Term Limits and Regular Appointments Act following the Supreme Court’s decision to block the Biden Administration’s Student Debt Relief Plan.” [Press Release]

Light Publishing Schedule Today — As today is a quasi-holiday with July 4 tomorrow, ARLnow will be operating on a light publishing schedule. We will not be publishing tomorrow, except in the event of breaking news, but will be back fully on Wednesday.

It’s Monday — A chance of showers and thunderstorms between 2pm and 5pm, then showers likely and possibly a thunderstorm after 5pm. Otherwise partly sunny, with a high near 92. West wind 7 to 11 mph. Chance of precipitation is 60%. New rainfall amounts between a tenth and quarter of an inch, except higher amounts possible in thunderstorms. At night: Showers likely and a chance of thunderstorms. [Weather.gov]

UPDATED: Large power outage affecting Ballston, neighborhoods along Wilson Blvd

By ARLnow.com
Power outage map on 7/1/23 (via Dominion)

Update at 2:35 p.m. — About 500 customers remain without power in Arlington. A Dominion spokeswoman says the outage was caused by an “unrelated tree contractor [dropping] a tree on our wire.”

Earlier: Nearly 4,600 Dominion customers are in the dark as a result of a widespread power outage Saturday morning.

It’s unclear what caused the outage, which stretches from Ballston to Bluemont to Boulevard Manor to Dominion Hills along the Wilson Blvd corridor, according to Dominion’s outage map and emailed tips to ARLnow.

As of publication time, Dominion is estimating that power will be restored between 1-4 p.m.

A gym in Shirlington hunts for a new home before closing its doors in August

By Jo DeVoe
1/3

The Energy Club gym in Shirlington is closing in August after never fully recovering from a drop in membership due to Covid.

The independently-owned gym in the Village at Shirlington (2900 S. Quincy Street) announced the impending closure on Aug. 15 “with a sad heart,” per an email from President Richard Mandley and General Manager Justin Greene to members. The email was shared with ARLnow and confirmed by Mandley yesterday (Thursday).

“We had hoped that our membership would return to pre-pandemic levels, but the landscape has changed, and many people continue to work from home,” Mandley and Greene told members. “Fitness habits have changed too, with people shifting to virtual workouts or exercising from home. As a small independent business with local ownership, it became increasingly difficult to compete with franchises and ‘corporate-owned’ gyms.”

Over the years, The Energy Club offered a host of social and fitness events to distinguish itself from other gyms. It attracted a significant number of commuters, who made up around 35% of members. When Covid hit, these commuting members largely canceled their memberships, Mandley told ARLnow.

“Although we have a very loyal membership who supported us throughout the pandemic, it became apparent that we could longer support our occupancy costs with the loss in membership, and we were unable to reach a new long-term agreement with our landlord,” he said.

The Energy Club had tried to negotiate for lower rent while it worked to increase membership. The landlord’s lender did not approve this request, Mandley’s email to members said. Negotiations ended in May.

A reader told ARLnow this was “sad news for many in Shirlington.”

Mandley and Greene, however, already have a plan. They say they are scouting out new locations nearby and pledged to keep members apprised of their progress.

Meantime, virtual classes continue and outdoor classes could start next month. Members will also be able to train at the U.S. Patent and Trademark Office in Alexandria (510 Dulany Street).

Mandley and Greene say they are grateful for the 17 years they were able to serve the Shirlington community and work with talented fitness professionals.

“We are proud to say that we have changed lives and know that many relationships with the community and within the membership have been established and will continue,” they said.

Photos via The Energy Club/Facebook

Morning Notes

By ARLnow.com
Haze in Ballston (staff photo by Jay Westcott)

Crystal House Development Advancing — “The first of those phases — for which the APAH-EYA venture submitted a site plan amendment application last week to the county’s planning department — would see an 80-unit all-affordable housing building for seniors at the site’s northern edge, along South 18th Street, in lieu of the 63-unit market-rate condo building currently approved to go there. The applicant aims to apply for low-income housing tax credits in the coming months to help finance the project, break ground next year and deliver the building in 2026.” [Washington Business Journal]

Reminder: Illegal Fireworks in Va. — “In general, any firework that explodes, moves on the ground or in the air, or shoots a projectile is illegal in the Commonwealth of Virginia. Many localities prohibit the sale, possession or use of all fireworks. The State Fire Marshal’s Office advises Virginians to check local ordinances as well as the Statewide Fire Prevention Code prior to purchasing and utilizing fireworks.” [Press Release]

Fireworks Safety Tips — From the Arlington County Fire Department: “Only buy fireworks from ACFD approved stands, look for the ACFD permit! – Light only 1 firework at a time. – Follow the label directions carefully.” [Twitter, ACFD]

Premature Death Study — “In Northern Virginia, the likelihood that you’ll live to the age of 75 mostly hinges on your racial and ethnic background and what neighborhood you live in, according to a new report from researchers at Virginia Commonwealth University. Race, ethnicity, and neighborhood were also major factors in determining whether you died from COVID-19 between 2020 and 2021, the report found.” [DCist]

Police Host Pride Event — From the Arlington County Police Department: “ACPD’s 2023 Pride with the Police event was a huge success thanks to our hosts at Freddie’s Beach Bar and our Arlington public safety partners. Thank you all for joining us! Happy Pride Month!” [Twitter]

Video of Chase Through Arlington — “Heart-pounding video shows a police chase through Northern Virginia and into D.C. at speeds well above 100 mph. Northern Virginia Bureau Reporter Drew Wilder reports the Virginia State Police dashboard camera video just became available after the driver was convicted and sentenced in court.” [NBC 4, Twitter]

It’s Friday — A slight chance of showers between 2pm and 5pm, then a slight chance of showers and thunderstorms after 5pm. Mostly sunny, with a high near 89. South wind 6 to 10 mph. Chance of precipitation is 20%. At night: A chance of showers and thunderstorms. Mostly cloudy, with a low around 70. South wind 6 to 10 mph. Chance of precipitation is 40%. [Weather.gov]

New draft plan for Langston Blvd calls for private development to help build public benefits

By Jo DeVoe
1/5

(Updated 3:50 p.m.) Arlington County has published a new draft plan outlining how to encourage private development on Langston Blvd to turn it into a walkable, bikeable corridor with apartment buildings and public spaces.

The plan, released last week, follows up on a more conceptual document released last year. This document introduced the vision for less dense neighborhoods giving way to “activity hubs,” such as the Lyon Village Shopping Center, developed with 15-story apartment buildings.

Since then, the county says it made several changes responding to public feedback calling for more housing, especially affordable housing, and more incentives to generate public benefits. The plan leverages new housing construction to preserve historical properties — like the decades-old Moore’s Barber Shop in the Hall’s Hill neighborhood — and inject the area with new stormwater infrastructure, privately-owned public spaces, new east-west roads, streetscapes, and trail connections.

The new draft calls for taller allowable heights in certain areas, a general increase in housing units that could be built throughout the corridor, more public spaces and buffered bicycle lanes. It recommends policy and zoning changes and publicly funded infrastructure projects to facilitate the new development and has a timeline assigning tasks to various county divisions.

Changes to the Plan Langston Blvd draft (via Arlington County)

Alreadly, the draft plan has generated positive reception by some in the community, but also criticism by others of specific elements. One general criticism: the reliance on private development to deliver public spaces and needed infrastructure, especially stormwater management.

This follows divergent feedback over the last year about how, and whether, the corridor should develop — though neighbors are more united around transportation and streetscape upgrades for Langston Blvd.

Cherrydale Civic Association President Jim Todd says he was surprised to see the number of housing units go up. The 2022 concept plan estimated 8,431 new units could be possible. The new draft brought up the estimate to 9,400 new units.

The unit increase responds to calls from several residents, local advocacy groups and citizen commissions, according to Plan Langston Blvd Coordinator Natasha Alfonso-Ahmed. These comments stressed the importance of Langston Blvd for reaching a county goal to increase affordable housing in North Arlington by 2040.

Planners increased allowable heights in certain areas to further incentivize developers to build community benefits and deliver affordable housing, while updating guidance to ensure these buildings taper down to low-rise homes nearby.

Heights are now up to 15 stories in some places immediately south of I-66, where previously a 12-story limit was considered. Elsewhere in the North Highlands area, north of Rosslyn, heights are up to 12 stories, instead of 10. The same increase occurred across from the Lyon Village Shopping Center.

Elsewhere, allowable heights increased from seven to 10 stories near the Lee Heights Shopping Center and at the intersection with N. Oak Street. Upper limits increased from five to six stories at the intersection with N. George Mason Drive and south of Langston Blvd, west of Rosslyn.

Additionally, the county added 14 more public spaces to the plan and converted “sharrows” — where bicyclists and drivers share the road — into buffered bike lanes in two places.

Transit advocate Gillian Burgess welcomed the removal of “sharrows” and lauded the occasional protected bike lanes, undergrounded utilities and parking and increased transit.

Overall, however, she says the plan falls short of making travel safe and sustainable. Instead, it waits for more people to opt to ride the bus to improve bus service, through increased service and bus-priority signals.

“This is not a plan that will enable children to get to school on their own. This is not a plan that will enable an equitable transportation system. This is not a plan that reduce many car trips in favor of more safe and sustainable modes,” she said. “As our ideal, long-term goal, knowing what we know and with the technology we have in 2023, this is disappointing.”

(more…)

Arlington teen chosen by Carnegie Hall to accompany jazz orchestra on European tour this summer

By Anya Wareck
Henry Price NYO Jazz
Henry Price photographed with beloved trombone (courtesy of Henry Price)

(Updated at 1:30 p.m.) When Henry Price first picked up a trombone in fourth grade, he could only imagine a summer touring Europe as one of the 22 brightest young jazz musicians in the United States.

The 17-year-old Barcroft resident will return to Washington-Liberty High School this fall with a summer’s worth of top-tier musical experience under his belt.

NYO Jazz — Carnegie Hall’s National Youth Jazz Orchestra — is a prestigious program set to recognize young, musical minds as the future of jazz on an international scale.

The program kicks off with a two-week training residency in New York City, followed by an NYO Jazz performance at Carnegie Hall on July 25. Trumpeter Sean Jones will lead the concerts and Grammy-winning vocalist Dee Dee Bridgewater will be featured as a musical guest.

Following the Carnegie show, participants of the program will abruptly begin their NYO Jazz Europe summer tour, as the team arrives in St. Moritz, Switzerland just three days later (July 28) to play their first international show.

According to the website, “The musicians serve as dynamic music ambassadors as they share this uniquely American genre with audiences around the globe.”

After facing rejection from the 2021 program, Price decided to apply for last year’s NYO session — held within the United States rather than abroad. He was accepted to both the jazz and classical groups but ultimately chose jazz.

“Jazz is more comfortable for me,” Price said in a brief interview with ARLnow. “It’s more social, and more reckless — in a good way.”

Sean Jones led the youth jazz program through the country last summer, and Price says he feels incredibly lucky to be going on tour with such a prominent musical figure and mentor — one who consistently dedicates time to the musical progression of jazz in teenagers.

Price did not think twice when it came time to re-audition for the 2023 European tour.

“Everyone wants to re-audition,” he said. “I haven’t met a person [in the program] that hasn’t had a life-changing experience.”

This year’s young musicians will have the opportunity to perform at world-renowned events and concert halls such as the BBC Proms in London, St. Moritz Jazz Festival, Lucerne Festival and Rheingau Musik Festival in Germany. Shows in Berlin and Amsterdam are also included in the tour.

Now, after touring with Carnegie twice, Price understands that this opportunity is just the beginning.

Tickets as well as the full schedule are available here.

ACPD: After breaking into car, would-be thief opens home’s garage door

By ARLnow.com
File photo

A would-be thief or thieves used the electronic opener inside a car they rummaged through to open a home’s garage door, according to police.

The incident happened early Tuesday morning on the 2500 block of Military Road, near Cherrydale.

More from an Arlington County Police Department crime report, below.

BURGLARY, 2023-06270025, 2500 block of Military Road. At approximately 2:28 a.m. on June 27, police were dispatched to the report of a burglary in progress. Upon arrival, it was determined the unknown suspect(s) gained entry into two of the victim’s vehicles, rummaged through the interiors and utilized a garage door opener to open the garage. No items were reported damaged or stolen from the garage or vehicles. Officers canvassed the area for the suspects yielding negative results. There is no suspect description(s). The investigation is ongoing.

In June 2021, Arlington police warned that they were seeing a rise in home and vehicle thefts that occur overnight when suspects find garage door openers in unlocked cars. The department said at the time that it assigned additional officers to north Arlington neighborhoods, where the crimes were taking place, adding that they arrested a group of suspects on the first night of deployment.

A tricycle-based Turkish coffee purveyor has set up shop in Ballston

By Matt Blitz
1/3

(Updated on 7/25/23) A tricycle serving Turkish coffee has started serving in Ballston.

The three-wheeled coffee contraption is from long-time restaurant veteran and local author Isa Seyran, who told ARLnow late last year he was working on a new concept that would come after leaving his server job at The Salt Line.

This mobile, custom-designed red tricycle offering Turkish coffee and baklava is that new business. It has been parking along the 4000 block of Wilson Blvd after opening earlier this month.

Seyran named the small coffee stand “Ballstonian,” in homage to the neighborhood in which he has lived for over two decades.

The coffee tricycle is currently open from 7 a.m. to 5 p.m. (or until supplies last) seven days a week.

“I was a waiter for 23 years and worked with some of the greatest chefs in our region. Some of the food I served, like [at] Rasika and Zaytinya, was simply divine, but it was never my thing,” Seyran told ARLnow about why he decided to open a Turkish coffee spot in Ballston.

“So I decided to sing my own song at my own humble stage and wanted to bring a piece of Anatolia, Medietterrenea and Mesopotamia, a cradle of civilization where I spent the first half of my life, to Ballston, where I spent the second half of my life.”

Besides coffee and baklava, Ballstonian also serves cheese pastries and masala chai from a recipe Seyran learned while working at D.C.’s famed Indian restaurant Rasika.

The Ballston resident worked at some of the region’s most popular and renowned restaurants, including ​​Zaytinya, Bombay Club, and Fiola Mare in D.C., before ending his tenure at The Salt Line in Ballston.

Beyond those jobs, Seyran is also an author, playwright, and filmmaker often producing art based on his experiences as a waiter in the D.C.-area. And, now, he’s added entrepreneur to that list.

He told ARLnow that the first few days have gone well so far and he’s been “humbled by the overwhelming support and love Ballstonian received from my fellow Ballstonians.”

But Seyran is not particularly surprised by the reception, noting that no other Ballston business is selling Turkish coffee.

“At The Salt Line… I got to know my client base, their spending habits, who they are and what they want,” Seyran said. “Having done my market research, I knew people were hungry for something different.”

His ambitions go beyond a coffee stand. The hope is one day to set up an “urban oasis” in Ballston with a tent, cushions, coffee, and books where “members of the community could take a breather from the bustling urban landscape around them.”

He also would love to do coffee ground fortune tellings, like he did while working at Zaytinya, and introduce “Bark-lava,” which would be “a bone-shaped, dog-friendly baklava.”

But, for now, all of that will have to wait, including the coffee ground fortune telling.

“That requires time and space to seat people so that I could serve the coffee in a ceramic cup as opposed to a paper cup,” Seyran said. “[A] food truck parked on the side of the road is not suitable for that ancient tradition but I hope to do that in the near future.”

Morning Notes

By ARLnow.com
Haze from Canadian wildfires as seen over the Lincoln Memorial and Memorial Bridge (staff photo by Jay Westcott)

Flyover Planned Today — From D.C.’s alert system: “The U.S. Naval Air Force will conduct a military flyover over the Pentagon and Arlington National Cemetery on Thursday, June 29, 2023, at 1:10PM.”

Wine Award for Arlington Eatery — “In Virginia, 61 restaurants earned recognition. Since 1981, the Restaurant Awards have had three distinct levels: The ‘Award of Excellence,’ the ‘Best of Award of Excellence’ and the ‘Grand Award.’ Arlington’s only winner of Wine Spectator’s ‘2023 Restaurant Awards’ won the Award of Excellence. The winning restaurant is: SER Restaurant, 1110 N. Glebe Road.” [Patch]

Rosslyn’s Raytheon Rebrands — “As part of their push at this week’s Paris Air Show, Raytheon Technologies has rebranded itself as RTX, with the Raytheon brand name sliding down to become one of three major business units inside the parent company. Think of it along the same lines as Facebook becoming a subsidiary of Meta, or Google suddenly being just a part of a company called Alphabet.” [Breaking Defense]

More on Firefighter Agreement — “The first collective bargaining agreement to be reached in 48 years between Arlington County and more than 300 firefighters and paramedics transitions those employees to a new pay-scale system that rewards seniority, a union leader said Tuesday.” [Washington Post]

Campaign Sign Reminder — “Just as a reminder, by county ordinance, all signs were required to have been removed by June 25. Residents can contact the Arlington County Democratic Party at (703) 528-8588 or [email protected], to get signs in their neighborhood removed.” [Gazette Leader]

Another Police Phone Scam — “The City of Falls Church Police wants community members to be aware of an active phone scam in the area. Officers have received reports stating that callers contact them claiming to be members of the police department.” [City of Falls Church]

Eden Center Plan Passed — “On Monday, June 26, Falls Church City Council unanimously voted to approve the East End Small Area Plan, which proposes reinvestment into a series of commercial properties — including the historic Eden Center (6751-6799 Wilson Blvd) — between Wilson Blvd, East Broad Street and Hillwood Avenue.” [FFXnow]

It’s Thursday — Widespread haze. Areas of smoke. Sunny, with a high near 88. Light and variable wind becoming west around 6 mph in the afternoon. At night: Mostly clear, with a low around 68. Southeast wind around 6 mph. [Weather.gov]

NEW: Code Red air quality alert issued for Thursday

By ARLnow.com
Haze from Canadian wildfires earlier this month as seen over DCA (staff photo by Jay Westcott)

The concentration of Canadian wildfire smoke in Arlington and the D.C. area is expected to get worse tomorrow.

A Code Red air quality alert has been issued for the region on Thursday. That means that those with certain health issues should avoid outdoor activities and even healthy individuals should limit their time outside.

It comes after a hazy day today, with air quality readings in the lower Code Orange level. The current air quality index reading for Arlington is 137, just below the Code Red threshold of 150, according to AirNow.gov.

With hundreds of wildfires blazing in Canada, particularly Quebec and British Columbia, the area’s air quality will likely continue to fluctuate “over the next several days,” according to Fairfax County, as reported by our sister site FFXnow.

According to the Canadian Interagency Forest Fire Centre, three new fires started today, and there are 476 active blazes, about half of which remain out of control. The agency has recorded 2,988 fires in 2023 so far that have burned through 8 million acres of land.

More on the air quality forecast below, from the Metropolitan Washington Council of Governments.

The Metropolitan Washington Council of Governments (COG) has forecast a Code Red air day for the metropolitan Washington region tomorrow: Thursday, June 29. Code Red levels mean the air is unhealthy for everyone. Smoke coming from wildfires in Canada is contributing to the increased levels of fine particle pollution.

COG advises the following health precautions:

  • Sensitive groups like people with heart or lung disease like asthma or emphysema, older adults, and children should avoid long or intense outdoor activities. Consider rescheduling or moving activities indoors.
  • Healthy individuals should limit long or intense outdoor activities.

Residents can check current air quality conditions on COG’s website or the Clean Air Partners website.

The U.S Environmental Protection Agency also recommends the following during wildfire events:

  • Take it easier during smoky times. If you can see or smell smoke, avoid strenuous activities such as mowing the lawn or going for a run.
  • Reschedule outdoor work tasks and activities to a time when air quality improves. If outdoor tasks and activities cannot be rescheduled and must be conducted when air quality is poor, it is recommended that individuals reduce smoke inhalation by:
    • Limiting the time spent outdoors by only performing essential activities.
    • Taking frequent breaks indoors in places where the air is clean, especially during periods with high outdoor levels of wildfire smoke.
    • If you must work outdoors, choosing a mask that will protect you like an N95 respirator mask. Cloth masks will not protect you from wildfire smoke.
    • Using a portable air cleaner in one or more rooms. If you have a central air system in your home, use it to filter the air.

On unhealthy air days, COG advises the following actions to improve the air:

  • Avoid lawn mowing or use an electric mower.
  • Use gas or electric grills instead of charcoal.
  • Fill your vehicles’ gas tank after sunset.
  • Take transit, carpool, or work from home.
  • Turn off lights and electronics when not in use and follow tips from your electric utility about how to use less electricity to cool your home.

COG provides air quality forecasts and current air quality conditions for metropolitan Washington. It also educates the public about voluntary actions people can take to reduce pollution and the health risks of bad air quality through its Clean Air Partners program, which is co-sponsored by the Baltimore Metropolitan Council.

Arlington pulled prosecutors from traffic court. A driver who struck a girl on a bike escaped charges on an error.

By Jo DeVoe
The scene of the crash involving Heather Keppler’s daughter on a bicycle (courtesy Heather Keppler)

On Oct. 19, 2021, an elderly driver hit the daughter of Tara-Leeway Heights resident Heather Keppler while riding her bike.

The impact of her body cracked the windshield and she fell to the ground. She was whisked to the hospital in an ambulance where — not wanting to disturb any potential broken bones — doctors cut off a favorite running shirt and took a full-body X-ray.

Doctors said her tailbone was either broken or bruised and additional scans would confirm which injury it was. Keppler said they opted not to know, as the recovery process was the same: sitting on a donut pillow and missing her exercise routines. This pause took a toll on her daughter, then a freshman training for a regional running race.

Keppler decided to get a lawyer when one for the 86-year-old man involved called to see if she had one. The mother says in retrospect — after her experience ended in dropped charges — she is lucky she hired legal help.

“I don’t know how I would’ve found out [what] was going on,” she said.

Heather Keppler at her home in the Tara-Leeway Heights neighborhood (staff photo by Jay Westcott)

Since June 2020, Arlington police officers have been shepherding through the legal system less-serious traffic misdemeanors: speeding, driving without a license, and so on. Before, the Office of the Commonwealth’s Attorney had a prosecutor outside Courtroom 3C — where those cases are adjudicated — to enter plea bargains.

This arrangement was imperfect, according to Arlington’s top prosecutor, Parisa Dehghani-Tafti, who just won the Democratic primary race for her seat against challenger Josh Katcher.

The assigned prosecutor often did not have “any prior knowledge of the case” and did not share pre-court-date discovery with defendants, she wrote in a 2020 memo to County Manager Mark Schwartz. This was one reason she removed prosecutors from “3C.”

After hearing from a state agency that trains prosecutors and the Virginia State Bar Ethics Counsel, it became clear her staff could not meet their obligations to share all exculpating or incriminating evidence in these cases, she argued.

Dehghani-Tafti attributed this largely to an uptick in available footage from cameras that police wear and have in their cars. Sharing all evidence would require prosecutors to review, process and disclose footage from some 40,000 cases — a tall order given current staffing levels.

“We did not come to this decision lightly, but rather after a thorough analysis of several factors,” she wrote to the Arlington County Police Department in a 2020 memo.

Three years later, she tells ARLnow that her office has kept the promises in that memo.

“We have gotten involved in every case in which our law enforcement partners have asked us to get involved, as was promised in the memo,” she said.

Keppler, however, suspects that the lack of prosecutorial presence in traffic court could explain how her daughter never got her day in court. She supported Dehghani-Tafti in her original, successful 2019 bid but this experience led her to flip for Katcher.

The bike that Keppler’s daughter rode when she was hit (staff photo by Jay Westcott)

Dropped charges 

After not hearing anything about her daughter’s case for some time, Keppler began to get worried.

Her lawyer found that subpoenas ordering the Kepplers and their assigned police officer to court on Nov. 18, 2021 were written but never issued.

“Because it was never issued, we never showed up to court,” she said. “Because no one was there, they dismissed the case.”

Like Keppler, local personal injury lawyer Jeff Jankovich says a prosecutor outside 3C could have helped the Kepplers. This person could have checked for the subpoenas and asked the judge to move the hearing date so everyone could make it.

Although Dehghani-Tafti’s memo says prosecutors were unfamiliar with the traffic cases on the docket that day, Jankovich recalls days when there were extremely experienced prosecutors who “did a pretty thorough job” of evaluating each case.

“If there were aggravating facts — an accident where someone was injured, or someone had significant prior record, even if it was minor speeding but the third, fourth or fifth offense — they were on top of that and it affected how they approached case,” he said.

(more…)

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