court

Man Pleads Guilty to Firing Bullets at Pentagon

By ARLnow.com

The man accused of firing bullets at the Pentagon and other military installations in Northern Virginia pleaded guilty in federal court today.

Yonathan Melaku, 23, of Alexandria, pleaded guilty to three counts of: damaging government property, using a firearm during a crime, and attempted injury to veterans’ memorials. Prosecutors and defense attorneys have jointly asked for a 25-year sentence.

As part of the plea, Melaku admitted that on or around the early morning of Oct. 19, 2010 he fired multiple 9mm rounds at the Pentagon building. He also admitted to firing bullets at the National Museum of the Marine Corps (twice), a Marine Corps recruiting sub-station in Chantilly, and a U.S. Coast Guard recruiting office in Woodbridge. The shootings took place between Oct. 17, 2010 and Nov. 2, 2010.

Prosecutors say terrorism was the motive of the shootings. In a video, investigators say Melaku can be seen firing a handgun out of the passenger-side window of his car, then repeatedly shouting “Allahu Akbar.”

“Yonathan Melaku pled guilty to carrying out a calculated, destructive campaign to instill terror throughout our community,” U.S. Attorney MacBride said in a statement. “The video he filmed during one drive-by shooting is a chilling portrayal of his intent and the escalating danger he posed. Thanks to the FBI and their law enforcement partners, we were able to apprehend Mr. Melaku, develop the evidence that linked him to the shootings, and secure this conviction today.”

Melaku was arrested on June 17, 2011 after what’s being described as an unsuccessful attempt to vandalize the graves of Iraq and Afghanistan veterans at Arlington National Cemetery. At about 1:30 a.m., police spotted Melaku on the property of Ft. Myer. He attempted to flee, and dropped a backpack in the process.

Prosecutors say the backpack contained “numerous spent 9mm shell casings; four bags containing ammonium nitrate, and a spiral notebook with numerous Arabic statements referencing the Taliban, al Qaeda, Osama bin Laden, ‘The Path to Jihad,’ as well as a list of several other individuals associated with foreign terrorist organizations.”

After he was taken into custody, Melaku admitted that he was trying to sneak into Arlington National Cemetery “to desecrate and injure the grave markers by spray-painting the markers with Arabic statements and by leaving the ammonium nitrate he was carrying at the sites of the grave markers.”

Later, prosecutors say, a list of parts for a bomb detonator was discovered in Melaku’s Alexandria home.

The FBI-led investigation received assistance from Arlington County Police, Virginia State Police, the Pentagon Force Protection Agency, U.S. Park Police and other federal and local law enforcement agencies.

Second Suspect Charged in Diener Murder

By Katie Pyzyk

(Updated at 1:00 p.m.) A man who was previously arrested and then released in connection with the 2009 murder of Lyon Village resident Carl Diener has been re-arrested.

Javon Martin, 25, was arrested on a bench warrant and charged with robbery and murder in the first degree. A jury trial has been scheduled for April 23, according to court records.

Martin is one of two people charged in the case. His cousin, 20 year-old Roger K. Clark III, pleaded guilty to first-degree murder in this case earlier this month. His sentencing is set for April.

Diener, 57, was found beaten and stabbed on Dec. 29, 2009 near the intersection of N. 13th Street and N. Hudson Street, three blocks from the Clarendon Metro station. In a “statement of facts” entered as part of Clark’s plea, prosecutors said that Martin stabbed Diener in the chest during an early morning robbery.

Martin was originally arrested in June of last year, but charges against him were dropped in October. It’s unclear why the charges were dropped.

Robbery Said to Be Motive in Diener Murder

By ARLnow.com

(Updated at 6:00 p.m.) New details are emerging in the 2009 murder of Lyon Village resident Carl Diener.

As ARLnow.com first reported yesterday, a suspect in the case, Roger K. Clark III, has pleaded guilty to first degree murder in the case. In a statement of facts entered as part of the guilty plea, prosecutors say robbery was the motive behind the murder — and that Clark wasn’t the only perpetrator.

According to the statement, Clark and his cousin, Javon Martin — then 20 and 24 years of age, respectively — were driving around Arlington County early on the morning of Dec. 29, 2009 looking for someone to rob. They encountered Diener, 57, near the intersection of N. 13th Street and N. Hudson Street, three blocks from the Clarendon Metro station. It was around 3:00 a.m. and Diener was on his way to a part-time job at a local health club, police said at the time.

During the robbery, prosecutors say, Clark punched Diener and then Martin stabbed him in the chest with a knife. Diener was later found lying on the street by a passerby who called police. Medics arrived on the scene and pronounced him dead. According to the statement of facts, Diener bled to death as a result of the stab wound, which severed two major arteries.

Clark’s DNA was found in several places, according to the statement, including on Diener’s palm and in his pants pocket, where Clark had looked for something to steal following the stabbing. In the end, Clark and Martin made off with Diener’s shoulder bag, according to prosecutors.

Clark’s plea was accepted yesterday afternoon by Circuit Court Judge Joanne F. Alper. He’s scheduled to be sentenced on April 27. As part of his plea deal, prosecutors agreed not to seek more than 25 years in prison.

Martin was arrested in June, two days after Clark was arrested, but ultimately prosecutors decided not to pursue the first degree murder charges against him at the time. The charges were dropped in October, according to court records. Martin is not currently in custody, according to Arlington County Commonwealth’s Attorney Theo Stamos, who declined to comment further.

Carl Diener’s sister, Patti Diener Lough, said Clark’s guilty plea is comforting to her family.

“Nothing — not even this guilty plea — can ever bring Carl back to his family and remarkable network of friends and colleagues from so many aspects of his life,” Diener Lough told ARLnow.com via email. “But we are immensely comforted to know that a murderer is in custody and will not be able to hurt another person or family like he shattered ours.”

BREAKING NEWS — Diener Murder Suspect Pleads Guilty

By ARLnow.com

(Updated at 3:05 p.m.) The man accused of stabbing Lyon Village resident Carl Diener to death has pleaded guilty.

Roger K. Clark III entered a guilty plea on first degree murder charges today, prosecutors said. Circuit Court Judge Joanne F. Alper accepted the plea this afternoon. A sentencing hearing is now scheduled for April 27.

Diener, a 57-year-old Lyon Village resident, was found lying dead on a Clarendon street early on the morning of Dec. 29, 2009. A dogged investigation finally resulted in the arrest of Clark and another man in June 2011.

The second suspect in the case was later released after charges against him were dropped.

Morning Notes

By ARLnow.com

Rosslyn Exxon Robbed at Gunpoint — The Exxon at 1824 Wilson Boulevard, in the Rosslyn area, was robbed early Wednesday morning. Police say two men robbed the gas station at gunpoint around 2:50 a.m. “The suspects were both African American men in their 30’s, around 5’10,” Arlington County Police said in the department’s daily crime report. “One subject was wearing a ski mask; the other had a medium complexion and a small mustache.”

Wag More Dogs Case Heading Back to Court — In a newspaper op-ed entitled “Arlington County Scrooges Need Bigger Hearts,” Wag More Dogs owner Kim Houghton says the 4th U.S. Circuit Court of Appeals has agreed to hear her case early next year. Houghton, with the assistance of the Arlington-based Institute for Justice, is suing Arlington County over a dog mural painted on the side of her Shirlington doggie daycare business. The county has deemed the mural an illegal sign, while Houghton argues that it’s a work of art. [Washington Times]

D.C. Area Cars Are Getting Older — The average age of vehicles on Washington area roadways continues to rise. The average age of a car in the D.C. area is now 9.25 years — a one year increase since 2005.  “It is likely that the recession has had a strong influence on people’s interest in and ability to purchase new cars,” according to Arlington’s CommuterPage Blog. The blog also notes that the older car fleet has a “negative impact” on local air quality. [CommuterPage Blog]

Flickr pool photo by mj*laflaca

Morning Notes

By ARLnow.com

Circuit Court Judge to Retire — Arlington Circuit Court Judge Joanne F. Alper, the first woman appointed to the Arlington Circuit Court, has announced her retirement. Alper plans to retire on May 31, 2012, after serving on the circuit court since 1998. “Judge Alper developed a reputation as a tough, fair, hard-working Trial Judge,” the Clerk of the Circuit Court’s office said in a press release. “She enjoys complex litigation, challenging legal issues, and is known as a champion for Victim’s Rights.”

Adios, Artisphere Salsa Tuesdays? — Tonight may mark the end of Salsa Tuesdays at Artisphere, one of the few regularly-scheduled features of the financially-challenged arts facility in Rosslyn. Artisphere’s new business plan calls for the facility to be closed to the public on Tuesdays. Salsa dancing at Artisphere may return, however, on different days. [Washington City Paper]

BikeArlington Distributes 1,000+ Lights — The county’s BikeArlington initiative has distributed more than 1,000 sets of free bike lights over the course of three giveaway events. The giveaways were held on trails in Rosslyn, on Columbia Pike, and at the intersection of the W&OD and Custis trails. [CommuterPage Blog]

Yorktown Grad Wins Writing Contest — Bryce Wilson Stuckie, a member of Yorktown High School’s Class of 2004 and a recent Virginia Tech grad, has been named one of the two winners of The Nation’s sixth annual Student Writing Contest. Stuckie wrote a heart-wrenching and thought-provoking 800-word essay about the 2007 Virginia Tech shooting massacre.

Fmr. Top Soldier Given Jail Time for Slugging Incident

By ARLnow.com

Gene C. McKinney, who served as Sergeant Major of the U.S. Army from 1995 to 1997, spent this past weekend in jail after pleading guilty to disorderly conduct and reckless driving, according to WTOP.

Last fall, McKinney was accused of hitting a man with his car along S. Eads Street in Pentagon City, following an argument. Police say the man, whom McKinney had picked up in a slug line, demanded to be let out of the car after McKinney started speeding and driving erratically on the highway. McKinney pulled off at Pentagon City and let the man out, but then struck him with his car, police said.

WTOP reports that an Arlington County Circuit Court judge sentenced McKinney to a year in prison on each charge, but suspended most of the sentence and credited McKinney for time served.

Head of Signature Collection Firm Pleads Guilty

By ARLnow.com

A political strategist whose firm was hired to help a ballot initiative in Arlington has pleaded guilty to two counts of election fraud.

Shawn D. Wilmoth was the president of Signature Masters, the company paid to collect signatures for the 2010 petition drive that sought to change Arlington County’s form of government. The initiative, which failed due to an insufficient number of valid signatures, was sponsored by Arlington’s police and fire unions and supported by the local Republican and Green parties.

Wilmoth was arrested this past April in Michigan and accused of instructing employees to fraudulently sign petition pages. He was extradited to Arlington in May and has been held without bond since. Today, Wilmoth pleaded guilty. A statement of facts entered as part of the plea reveals that Wilmoth hired two ex-cons, who were ineligible to collect petition signatures under state law, and asked them to not only collect signatures but to sign as a witness on dozens of petition sheets filled with signatures they did not collect.

As part of the plea deal, Wilmoth was given two concurrent 5 year sentences, with 4 years and 8 months suspended on the condition of good behavior and repayment of court and extradition costs, according to Assistant Commonwealth’s Attorney Andy Parker. Wilmoth was also sentenced to 3 years of supervised probation. Parker said he would likely be released from jail today after being credited with time served.

The two ex-cons hired by Wilmoth, Cheryl Simmons and William Cockerham, both pleaded guilty to voter fraud earlier this year.

Teen Pleads to Reckless Driving in Fatal Crash

By ARLnow.com

An 18-year-old Arlington man has pleaded guilty to reckless driving after a crash that killed a 28-year-old woman and her dog near Washington-Lee High School.

Joseph DiFilippo pleaded guilty in Arlington General District Court on Aug. 25, prosecutors say. He was sentenced to 12 months in jail, but the entirety of the jail term was suspended on the condition of good behavior and the completion of 200 hours of community service. DiFilippo is also required to speak about his actions before monthly driver’s license presentation ceremonies held at the Arlington County courthouse. Additionally, his driver’s license was suspended six months, the maximum allowed by state law.

“Pursuant to a plea agreement, three other traffic infractions were dismissed,” said Assistant Commonwealth’s Attorney Jennifer Clarke. She noted that DiFilippo had a valid driver’s license at the time of the accident, despite an initial charge of driving without a license.

Members of the victim’s family were present at the sentencing hearing, and testified about how the accident impacted their lives, Clarke said.

The accident occurred around 7:30 a.m. on Monday, April 11, as 28-year-old Arlington resident Alison Drucker was walking her dog across the Quincy Street Bridge. A statement of facts was not entered as part of the plea, but after the accident police said that a pickup truck driven by DiFilippo struck Drucker and her dog, Buckley, as the truck was traveling northbound on Quincy Street. The dog died at the scene and Drucker suffered a serious head injury. She died in the hospital two weeks later.

Prosecutors say the plea deal’s lack of jail time was a reflection of the evidence in the case.

“The charge brought against the defendant and the plea agreement which was reached was based upon extensive consideration of the evidence. Some cases are stronger than others and we are limited by the unique facts and evidence of each case,” Clarke said. “After consideration of the facts of this case, the case law which has interpreted and applied the Virginia reckless driving statute, and our burden of proof, we concluded that the plea agreement was appropriate.”

“As prosecutors, our decisions must be based upon the law and the evidence,” Clarke added. “However, as people, our hearts go out to the Alison Drucker’s family. The plea agreement should in no way be seen as a reflection of the great sympathy we have for the Drucker family and the loss which they have suffered.”

Preliminary Hearing for Diener Murder Suspect

By ARLnow.com

A preliminary hearing was held yesterday afternoon for Roger Clark, one of two suspects in the 2009 murder of Lyon Village resident Carl Diener.

The court found probable cause and ordered the Clark held pending an indictment by a grand jury. If an indictment is handed down, a court date is expected to be set on Sept. 22.

Prosecutors say that a trial in the case would likely take place early next year.

Jury Questionnaires Sent to Local Residents

By ARLnow.com

It’s that time of the year again — time for the local jury qualification process in Arlington and Falls Church.

Questionnaires are being sent to about 10,000 randomly-selected registered voters, per state law, to determine whether they qualify for jury duty in 2012. Recipients are required to complete and return the questionnaires within 10 days of receipt — either via mail or online.

“Jury Commissioners appointed by the Court review the questionnaires to determine eligibility for service according to criteria established by the General Assembly,” the county said in a press release. If selected, a recipient will be asked to serve as a juror on a civil or a criminal trial next year.

“We are fortunate in Arlington and the City of Falls Church to have residents who are so willing to fulfill their commitment as a juror,” said Clerk of the Ciruit Court Paul Ferguson. “Our system of justice could not operate without this valuable public service. The Arlington Circuit Court greatly appreciates the service of everyone who reported last year, and we look forward to greeting new jurors in 2012.”

The average length of a trial in Arlington’s Circuit Court is 1 to 2 days, with the trial days stretching as long as 5:00 p.m. or later. Jurors receive $30 per day in compensation.

Certain individuals are exempt from jury duty, including non-U.S. citizens, convicted felons, residents who’s lived in the county less than 6 months, people with medical conditions, those over the age of 70, primary caregivers to a child or disabled relative, police officers, firefighters, jail employees, practicing attorneys, certain full-time teachers, those who have a hard time hearing or understanding, and people with pending cases before the court.

Jury service may be deferred/postponed if a potential juror has a previously-scheduled trip, is unemployed and seeking a job, is a full-time student or if the jury service would impose a severe financial hardship. Just don’t call with excuses after receiving the questionnaire, officials say.

“The questionnaire is not a summons to appear so please do not call the Clerk’s Office asking for an excuse from jury duty,” the county press release said. “Excuses or postponements to serve at another time during the year can be considered if you are actually summoned to serve as a juror.”

If you don’t return the questionnaire within 10 days, you’ll be summoned to court to complete it.

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