court

Morning Notes

By ARLnow.com

Mental Evaluation for Fire Bomb Suspect — Lawyers for Leon Traille, Jr., the man accused of trying to fire bomb the Ballston Common Mall food court last week, have asked the federal judge in the case to grant a mental health evaluation. Traille is charged with arson and faces 5 to 20 years in prison if convicted. [Washington Post]

Disturbance at Arlington Screening of ‘Hating Breitbart’ — A liberal activist is accused of disrupting the Friday night showing of the documentary Hating Breitbart at the Regal theater at Ballston Common Mall. Moviegoers say the activist, Ryan Clayton, shouted at the screen and laughed loudly at inappropriate times during the film about the late conservative media icon. [The Hollywood Reporter]

D.C. Sniper’s Ex-Wife Talks at Ft. Myer — Mildred T. Muhammad, the ex-wife of executed D.C. sniper John Allen Muhammad, spoke earlier this month at Joint Base Myer-Henderson Hall. Muhammad, who was abused by her ex-husband, was the guest speaker at the base’s Domestic Violence Awareness Month observance. [U.S. Army]

New ‘Car Free Diet’ Video — Arlington County Commuter Services has commissioned a new series of videos for its ‘Car Free Diet’ campaign. The theme of the videos is “What’s Your One?” — and they make the case for walking, biking or taking public transit instead of driving. The videos will play on Arlington TV, the county’s cable channel, and prior to movie previews a the Regal Ballston Common and the AMC Loews Shirlington theaters. Disclosure: ACCS is an ARLnow.com advertiser. [YouTube]

Flickr pool photo by ddimick

UPDATED: Ballston Mall Molotov Cocktail Suspect Charged

By ARLnow.com

Arlington County Police have filed charges against the suspect in yesterday’s attempted fire bombing of the Ballston Common Mall food court.

Leon A. Traille, Jr., 29, of no fixed address, has been charged with reckless endangerment, attempted malicious bodily injury by use of fire, and use of a fire bomb.

Traille is due in Arlington County Court this morning for a preliminary hearing. Traille is still being interviewed by federal investigators, but Arlington County Police spokesman Dustin Sternbeck said he has so far not been very cooperative. Federal charges, which may supersede the local charges, have also been filed (see below).

Sternbeck said the crime Traille is accused of — tossing a glass bottle, with a lit wick and containing a flammable liquid, into the mall food court — was likely not an act of terrorism.

“Right now we don’t believe it’s an act of terrorism,” he said. “It’s more like it’s an act of stupidity.”

The LinkedIn account for an individual with the same name and age as Traille says he’s a computer programmer who has been out of work since Aug. 2011. According to public records, Traille has previously lived in Georgia and Oregon. A public records search turned up no prior criminal history.

Update at 12:35 p.m. — Traille is being now facing a federal arson charge, which carries a minimum sentence of five years in prison if he’s convicted. The U.S. Attorney’s office has released the criminal complaint against Traille and issued the following press release.

Leon Alphans Traille Jr., 29, has been charged with committing arson for allegedly throwing a Molotov cocktail into the food court area of the Ballston Common Mall in Arlington, Va.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Richard W. Marianos, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; James W. McJunkin, Assistant Director in Charge of the FBI Washington Field Office; and M. Douglas Scott, Arlington Chief of Police, made the announcement.

Traille was taken into custody on Oct. 18, 2012, and was charged through a federal criminal complaint this morning with arson, which carries a mandatory minimum of five years and a maximum penalty of 20 years in prison, if convicted. He will make an initial appearance at 2 p.m. before United States Magistrate Judge Theresa C. Buchanan in Alexandria federal court.

According to an affidavit filed with the criminal complaint, a man possessing a distinctive gray and red backpack threw a lit improvised explosive device, sometimes called a Molotov cocktail, into the food court area of Ballston Common Mall in Arlington. The device – a brown glass bottle fixed with matches – did not explode, but it produced a flame that was extinguished. After throwing the device, the man proceeded to the second floor skyway area of the shopping mall and dropped a bag containing three additional Molotov cocktails before exiting the mall.

The complaint alleges that witnesses who saw the man throwing the device provided law enforcement with a description matching that of Traille, and a video surveillance system allegedly caught a picture of Traille as he exited the shopping mall. He was apprehended yesterday afternoon in a public area nearby the mall in possession of the gray and red bag.

This case was investigated by the ATF’s Washington Field Division, FBI’s Washington Field Office, and the Arlington Police Department. The prosecution is being handled by Assistant U.S. Attorney Dennis Fitzpatrick of the U.S. Attorney’s Office for the Eastern District of Virginia’s National Security and International Crime Unit.

Criminal complaints are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.

Annual Juror Qualification Process Begins Soon

By Katie Pyzyk

The annual process of qualifying residents for Arlington’s juror pool is about to begin.

Starting in early September, the Arlington Circuit Court, which includes the City of Falls Church, will mail out questionnaires to randomly selected residents. The questionnaires are used to qualify residents for jury duty during the 2013 court year, which runs from January 21, 2013 through January 2014.

Around 10,000 residents from Arlington and the City of Falls Church are selected from the registered voter lists provided by the State Board of Elections. Jury Commissioners review the responses on the questionnaires to determine a person’s eligibility to serve as a juror for civil and criminal trials in the Arlington Circuit Court.

Anyone who receives a questionnaire is asked to follow these steps:

  • Read the entire questionnaire carefully, front and back, for detailed instructions.
  • Using your Candidate ID number printed on the questionnaire, visit the secure juror website to complete and submit the questionnaire online (if using this option, do not mail in the form).
  • You may also mail the completed form as instructed in the questionnaire.
  • The questionnaire is not a summons to appear, so please do not call the Clerk’s Office asking for an excuse from jury duty. Excuses or postponements to serve at another time during the year can be considered if you are actually summoned to serve as a juror.

The form must be completed and returned within 10 days of receipt. Failure to respond to the questionnaire may result in being summoned to Court to complete the form in person.

The normal term of service for those who are picked for jury duty is one week, from Monday through Thursday. Trials generally average one to two days, and jurors receive a $30 expense reimbursement for each day they report for service.

More information about jury duty is available on the county’s website.

Fairfax Man Convicted in Ballston Hit and Run Case

By ARLnow.com

A Fairfax County man has been convicted and sentenced to more than four years in prison for a hit and run pedestrian accident that left a young woman seriously injured.

John Reynolds was 24 at the time of his arrest in March 2011. He was accused of hitting a 22-year-old woman with his car while driving drunk on Fairfax Drive, near the Ballston Metro station, on December 30, 2010. Reynolds sped away from the scene of the near-fatal accident, but detectives were able to use debris from his car to track him down and arrest him.

Reynolds — who studied psychology and criminal justice at Old Dominion University — was charged with hit and run and DUI maiming. Following a three-day trial that started on Monday, an Arlington County jury found Reynolds guilty on both charges yesterday (Thursday) afternoon. Today the jury sentenced Reynolds to 4 years and 3 months in prison, plus a $2,500 fine.

Assistant Commonwealth’s Attorney Jay Burkholder, who prosecuted the case with fellow Assistant Commonwealth’s Attorney Jennifer Clarke, said Reynolds’ “level of intoxication” played a role in the jury’s decision-making. Reynolds did not testify at the sentencing hearing, Burkholder said.

The victim of the accident suffered what Burkholder described as “very serious” injuries to her hip and legs. She also suffered nerve damage.

“Due to some fantastic doctors at Inova Fairfax Hospital she survived and is walking today,” Burkholder said. “She is doing much better, but will always face some physical challenges from this crime.”

Reynolds is being held at the Arlington County jail pending a formal sentencing hearing in September, when a judge will have the option of suspending part of his sentence.

Morning Notes

By ARLnow.com

Meriweather Pleads to DWI Charge — Washington Redskins strong safety Brandon Meriweather has pleaded no contest to the charge of driving while intoxicated in Arlington. As part of the plea, Meriweather was assessed a fine, a driver’s license suspension, and a 180 day jail sentence — though the jail time was suspended. ARLnow.com was the first to report in April that Meriweather had been arrested for DWI following a traffic stop on I-66 in Arlington. [Washington Post]

Heat Advisory Issued — A heat advisory will be in effect from noon to 8:00 tonight. Heat index values are expected to reach around 105 degrees, which brings the risk of dehydration and heat-related illnesses. [Weather Channel]

District 45 Special Election Scheduled — The special election to replace Del. David Englin, who resigned in June, will be held on Tuesday, Sept. 4. Virginia Gov. Bob McDonnell announced the special election date yesterday. [Virginia.gov]

Green Pig Bistro Reviewed — Washingtonian Magazine reviews Clarendon’s Green Pig Bistro (1025 N. Fillmore Street) and dubs it a “hipster farmhouse.” In addition to the food, the restaurant’s staff also receives attention in the article: “That dude with the mohawk and baroque tattoos? That’s the sous chef.” [Washingtonian]

Flickr pool photo by Wolfkann

Morning Notes

By ARLnow.com

Citizen Feedback on Streetcar Mostly Negative — The Washington Post counted all 270 citizen comments received by the Pike Transit Initiative regarding the planned Columbia Pike streetcar. Of the comments, 78 were “pro-streetcar,” 86 supported additional bus service instead of the streetcar, and 59 wanted no streetcar or no change. Our poll, conducted last week, found that 50 percent of respondents preferred the streetcar while 34 percent wanted articulated buses instead and 16 percent wanted no change. [Washington Post]

Arlington May Get ‘Drug Court’ — Arlington is seeking state approval to establish a “drug court.” The court would provide an alternative for dealing with nonviolent drug offenders. “It will help people who are in dire need of substance-abuse services, and will cut down on incarceration for folks who have substance-abuse issues only,” according to a supporter in the local Office of the Public Defender. [Sun Gazette]

A-SPAN Handing Out Water Bottles— Today the Arlington Street People’s Assistance Network (A-SPAN) will embark on a “day of outreach” to determine the needs of the homeless living throughout Arlington. In addition to visiting the homeless where they live — areas including “Crystal City, National Airport, Rosslyn, and the wooded area near the Key Bridge and Roosevelt Island” — A-SPAN volunteers will be handing out more than 1,300 bottles of water, a gift from Ashlawn Elementary Students.

‘Sister Mary Ignatius’ Reviewed — Theater critic Terry Ponick takes a look at the American Century Theater production of Sister Mary Ignatius Explains It All For You. The one-act play is being performed at Gunston Theatre II (2700 S. Lang Street) through July 7. [Washington Times]

Flickr pool photo by Divaknevil

Two Sentenced for Gas Station Armed Robbery

By ARLnow.com

(Updated at 3:20 p.m.) Two men have been sentenced for the Christmas Day armed robbery of a South Arlington gas station.

Arlington residents Earl Brown, 28, and Liban Jama, 24, were convicted of a brazen daytime hold-up at a gas station convenience store on the 4100 block of Four Mile Run Drive. The crime took place around 12:15 p.m. on December 25, 2011.

According to a police report, Jama entered the store, brandished a handgun, and demanded money and cigarettes from the cashier. With the stolen goods in hand, he then hopped into a getaway car driven by Brown.

The pair started to drive away but were pulled over and arrested three blocks away, thanks to a witness who called police while watching them flee.

“The midday robbery occurred just after noon on Christmas Day and drew numerous police officers to the area with guns drawn in an effort to arrest the two as they tried to flee the scene,” said Theo Stamos, Commonwealth’s Attorney for Arlington County.

An Arlington jury sentenced Brown to 11 years in the penitentiary on an armed robbery charge and 3 years on a weapons charge. Jama was sentenced to 7 years for armed robbery and 3 years on a weapons charge.

The case was prosecuted by Chief Deputy Commonwealth’s Attorney Molly Newton and Assistant Commonwealth’s attorney D. Scott Porter over the course of a three day jury trial. The court is expected to hold a final sentencing hearing for the case on August 24.

Morning Notes

By ARLnow.com

Court Rules Against Doggie Daycare Mural — A federal appeals court has determined that Arlington County did not violate a business owner’s free speech by forcing her to cover up a mural that county code interpreted as a commercial sign. Wag More Dogs owner Kim Houghton had argued — unsuccessfully — that the mural was artwork and the county’s action violated her First Amendment rights. [Associated Press]

‘Leek American Bistro’ Coming to Ballston — A new American-style bistro is coming to Ballston. “Leek American Bistro” will feature “upscale” dishes in a casual atmosphere. Chef/owner Nathan Spittal says the new eatery, located in the former Thai Terrace space at 801 N. Quincy Street, will focus on locally-sourced ingredients and locally-sourced beer and wine. Spittal is the former owner of the BBQ Banditos food truck. [Washington Business Journal]

Board Approved Clarendon Metro Improvements — The Arlington County Board last night approved a $765,000 contract to transform the small park area around the Clarendon Metro station into a “more active, accessible, multi-use plaza.” Planned improvements include landscaping, paving, covered bike parking, seating walls and movable tables and chairs. [Arlington County]

Arlington Business Hall of Fame Inductees — Three men were inducted into the Arlington Business Hall of Fame during a ceremony yesterday morning, May 22. The ceremony also included the Arlington Chamber of Commerce’s annual ABBIEs business award presentation. [Sun Gazette, Arlington Mercury]

Flickr pool photo by Divaknevil

Four Charged in PBS Hacking Case

By ARLnow.com

Federal prosecutors announced charges today against four alleged computer hackers in connection with last year’s hack of the web site of PBS.

Prosecutors say Ryan Ackroyd, Jake Davis, Darren Martyn and Hector Xavier Monsegur — alleged members of the “hacktivist” group LulzSec — hacked into PBS servers last year in retaliation for what they perceived to be unfavorable coverage of Wikileaks by the PBS news program “Frontline.” At the time, news outlets reported that LulzSec defaced PBS.org and posted a fake story on the PBS NewsHour website suggesting that the late rapper Tupac Shakur was actually alive and well in New Zealand.

PBS is based in Crystal City and the PBS NewsHour is produced in Shirlington, though prosecutors say the organization’s computer servers were actually located in Alexandria.

Ackroyd and Davis, of the United Kingdom, and Martyn, of Ireland, are each charged with two counts of computer hacking conspiracy. In addition to the PBS hack, they’re also accused of hacking into the systems of Sony Pictures Entertainment, Rockville-based Bethesda Softworks, and other companies.

Monsegur, of New York City, has already pleaded guilty to a host of charges connected with those hacking incidents. See the full list of charges from a United States Attorney’s Office press release.

Man Found Guilty of Raping Arlington Woman While She Slept

By ARLnow.com

A man is facing a possible 93-year prison sentence after being found guilty of raping an Arlington woman while she slept.

D.C. resident Ronald P. Berton, 37, was accused of crimes against two young Arlington women in 2008 and 2010. On Sept. 26, 2010, prosecutors say Berton entered unlocked first-floor apartment on the 2500 block of 20th Street N., where he found a woman sleeping. Berton raped the woman then stole items from the apartment and fled the scene. The woman, who had been drinking that night, did not wake up during the rape, but later woke up and found a condom next to her.

Arlington County Police used DNA to link Berton to a previous crime. According to prosecutors, Berton entered a Colonial Village apartment on the morning of Sept. 10, 2008. He took a meat cleaver from the kitchen, then went to the bedroom where a woman was sleeping. Berton forced the woman to remain in the bed while he exposed himself and masturbated, prosecutors said. He then stole items from the apartment and fled.

Police were able to link Berton to the 2008 crime via DNA left on the knife.

Yesterday a jury found Berton guilty on charges of rape, forcible sodomy, burglary and abduction with the intent to defile. Today the jury recommended a sentence of 93 years. His formal sentencing before an Arlington County Circuit Court judge is scheduled for April 6.

“We believe this was a dangerous predator who came to Arlington to prey on the young women of our community,” said Assistant Commonwealth’s Attorney Jennifer Clarke, who prosecuted the case along with fellow Assistant Commonwealth’s Attorney Cari Steel. “The police did a great job of linking these two cases, so we were successful in getting these convictions.”

Guilty Plea Entered in County Fair Embezzlement Case

By Katie Pyzyk

A former county employee accused of embezzling from the Arlington County Fair has pleaded guilty to all counts against her.

Denise Marshall Roller pleaded to 11 felony counts, including embezzlement, forgery and money laundering. The 48-year-old Fredericksburg, Va. resident had worked since 2005 as the county fair’s event manager. She resigned last May, after police were tipped off to suspicious activity.

Investigators discovered that between February and May of last year, Marshall Roller deposited nearly $12,000 of checks intended for the fair into a fraudulent bank account. Court documents show she submitted forged bylaws to a local bank, which apparently allowed her to open an account in the fair’s name. She withdrew portions of the money over the three month period for her personal use, prosecutors said.

When confronted about the account by colleagues, police say Marshall Roller initially claimed she had set up a personal account at the bank and mistakenly deposited a county fair check into the account.

Marshall Roller is scheduled to be sentenced on April 27.

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