court

Morning Notes

By ARLnow.com

Arlington Doctor Sentenced in Poisoning Case — Arlington doctor Sikander Imran was sentenced Friday to three years in prison, with 17 years suspended, for slipping pills into his pregnant girlfriend’s tea, causing her to lose the unborn baby. The now ex-girlfriend pleaded for leniency during the sentencing. [WJLA, New York Daily News]

Miniature Horses Could Be Allowed at Schools — “A new policy defining the rights and responsibility of those – students, staff or visitors – wishing to bring service animals into schools would allow for dogs and miniature horses… schools spokesman Frank Bellavia told the Sun Gazette there are no miniature horses used as service animals in the school system at the moment.” [InsideNova]

Powhatan Skate Park Renovations Approved — The Arlington County Board on Saturday unanimously approved a $1.87 million contract to overhaul the Powhatan Springs Skate Park, the only such park in Arlington. “This well-loved skate park is in need of a makeover to address crumbling concrete conditions,” said Chair Katie Cristol. “The result will be a safer park that both kids and adults in Arlington who are passionate about skateboarding, inline skating and BMX cycling can enjoy for years to come.” [Arlington County]

Residents Protest Amazon at County Board Meeting — Several public speakers at Saturday’s County Board meeting spoke out against the prospect of Amazon’s second headquarters coming to Arlington. They held signs saying “No Amazon” and decried the company’s “brutal working conditions” and “culture of toxic masculinity,” among other things. [Blue Virginia]

Walter Reed Drive Project Green Lit — “The Arlington County Board today approved a $1.8 million contract to A & M Concrete Corporation to improve bicycle and pedestrian connections on a short but critical segment of South Walter Reed Drive, between South Four Mile Run Drive and South Arlington Mill Drive. The project will provide safer connections between two of Arlington’s busiest trails: Washington & Old Dominion and Four Mile Run.” [Arlington County]

Trees Fall During Heavy Rain — A number of trees around the area fell late last week after a record-breaking stretch of heavy rain. Among the trees to topple was a large one that fell on a home on the 2100 block of N. Vernon Street and injured one person. [Twitter, Washington Post]

Lubber Run Farmers Market OKed — “Field to Table, Inc., an Arlington-based non-profit organization, won the County Board’s approval today to open the Lubber Run Farmer’s Market in the parking lot at Barrett Elementary School, 4401 Henderson Road. The market is expected to open in late May.” [Arlington County]

Nearby: Train Derailment in Alexandria — A large contingent of emergency personnel responded to the CSX tracks near Port City Brewing in Alexandria Saturday morning for a freight train that had derailed. About 30 cars came off the tracks but no injuries or hazardous spills were reported. [City of Alexandria, Twitter]

Flickr pool photo by Erinn Shirley

Morning Notes

By ARLnow.com

Vigil for Parkland — Rep. Don Beyer (D-Va.) was among those to speak at a candlelight vigil last night in Falls Church for the victims of the Parkland, Florida high school shooting. Beyer spoke in favor of stricter gun control measures. [Blue Virginia]

Police Investigate Sound of Gunshots — Arlington County Police investigated a report of shots fired near the intersection of Lee Highway and Glebe Road Friday night. No injuries were reported. [Twitter]

Fmr. Arlington Resident Convicted of Murder — “A jury found a man guilty of multiple counts related to an execution-style shooting that killed three people in a D.C. park in 1991. Benito Valdez, 47, formerly of Arlington, Virginia, was found guilty of first-degree murder while armed.” [WTOP]

Theater’s Pre-Oscar Deal — With the Academy Awards now less than two weeks away, the Regal cinema in Ballston is offering a special deal: a $35 pass to see all nine films nominated for Best Picture. [Patch]

Flyover This Morning — A military flyover is scheduled just after 11 a.m. this morning for a funeral at Arlington National Cemetery. [Twitter]

Flickr pool photo by Erinn Shirley

Taylor Elementary Teacher Pleads Guilty to Marijuana Possession

By ARLnow.com

(Updated at 4:45 p.m.) A suspended Taylor Elementary gym teacher, accused of smoking pot in the school, has pleaded guilty to marijuana possession.

Luke Lloyd of Fairfax, Va. entered the plea Tuesday morning before Arlington General District Court Judge Frances O’Brien. He was sentenced to serve 30 days in jail, with 20 days suspended. He was also ordered to complete 100 hours of community service, pay a $500 fine and complete substance abuse treatment, we’re told.

Lloyd began serving the net ten day sentence on Friday. Most first-time marijuana offenders walk free, but Commonwealth’s Attorney Theo Stamos said her office pushed for a stiffer sentence.

“It’s typical for a first time possession of marijuana case to result in a deferred disposition,” Stamos said. “My office, however, argued against such an outcome given the particular facts of this case. Those facts include what appears to have been a rather steady course of use, at times at the school, that we learned about from an anonymous tip to ACPD.”

A second Taylor P.E. teacher nabbed by police, Michael Diaddigo, was also facing possession of marijuana charges, which have since been dropped. Stamos, however, said charges against Diaddigo are expected to be filed soon in Arlington County Circuit Court, which typically handles more serious criminal cases. Stamos declined to elaborate on the charges, since the case is pending.

Lloyd and Diaddigo were both suspended without pay by Arlington Public Schools “pending the outcome of the legal case,” a spokesman said. So far, there is no word on Lloyd’s employment status following the plea. A third Taylor P.E. teacher who was accused of smoking marijuana at the school is currently on administrative leave.

Neighbors File Lawsuit After Board Approves Lee Highway Child Care Center

By Chris Teale
1/3

Two neighbors of a planned child care center on Lee Highway filed a lawsuit in Arlington Circuit Court this month to try and stop it opening.

The suit, filed by N. McKinley Street residents Francisca Ferro and Cornelius James Coakley who live right behind the property, is against the proposed Little Ambassadors Academy, which is planning to open at 5801 and 5901 Lee Highway. The Arlington County Board approved the plan at its September meeting.

Little Ambassadors, which already operates two child care centers on Lee Highway, is planning to open another facility that would have space for up to 155 children aged 20 months to 5 years old.

The center would be open from 7 a.m. to 7 p.m. and have its rear parking lot converted into an outdoor playground, while the loading area next to N. McKinley Street would be modified to have 20 parking spaces.

But in a complaint filed on October 18, the pair allege that the child care facility will negatively affect parking, traffic congestion and noise in the neighborhood, especially for local residents.

“The Special Use Permit materially impacts Petitioners in a way that is different from the impact on to the general public, by greatly increasing traffic and safety concerns in the vicinity of their residences as a result of the expanding the number of cars permitted to traverse and park in the area,” the complaint reads.

The complaint against the County Board and Little Ambassadors rests on four claims.

First, they allege that the Board did not give neighbors sufficient notice that a hearing on the planned child care facility would be taking place.

By law, those nearby must be given at least five days’ written notice, but Ferro and Coakley said they only heard about the hearing on September 14, two days before it was scheduled to be heard by the County Board.

Second, the pair argue that the County Board broke the Dillon Rule, which limits the power of local government by leaving it up to the state government to delegate powers to localities.

Third, the complaintants say that in having the county Department of Human Services decide on the maximum number of children that can attend, and by having the county Zoning Administrator approve the center’s parking plan, the County Board did not have the power to delegate those tasks and should have done it themselves.

Fourth, the pair also dinged the Board for an “unreasonable exercise of legislative function” in approving the center, meaning it should not have been approved, and said the center’s parking plan violates the county’s Zoning Ordinance.

Arlington zoning calls for one parking space on site for each staff member at a child care center, with one parking space also provided for every 10 children that attend. The complaint says the 20 on-site spaces and four off-site spaces do not add up to enough parking.

In May, the Board added a staff member to the Dept. of Community, Planning, Housing and Development to suggest changes to Arlington’s zoning ordinance to help child care centers open.

At the time, Board vice chair Katie Cristol told ARLnow that “our biggest obstacles are within the zoning ordinance in terms of the number of parking spaces required by childcare centers or the amount of indoor vs. outdoor space.”

No hearing date has yet been set for the case.

Photos No. 1, No. 2 and No. 3 via Google Maps

Caffe Aficionado Credit Card Fraud Suspect Pleads Guilty

By ARLnow.com
1/5

A co-owner of the former Caffe Aficionado in Rosslyn has pleaded guilty to charges connected to what prosecutors said was a multi-year credit card fraud scheme.

Clark Donat is scheduled to be sentenced next month after pleading guilty in June to a long list of charges: credit card fraud, conspiracy to commit money laundering, money laundering, racketeering, conspiracy to commit racketeering, identity theft, credit card forgery, credit card theft, conspiracy to commit credit card theft and conspiracy to commit identity theft.

His former business partner in the cafe, Adiam Berhane, is scheduled to face a jury trial starting Jan. 30, 2018.

According to prosecutors, Donat and Berhane started using the cafe’s point-of-sale system to fraudulently charge gift cards — purchased with stolen credit cards — in June of 2013, before the cafe even opened. The stolen credit card information was bought off the “dark web” and used to manufacture fake credit cards, which were then used to buy gift cards and other items, prosecutors say.

In all, according to prosecutors, the cafe recorded about $1 million in revenue between 2013 and the police raid in October 2016, $450,000 of which was attributable to “gift cards almost entirely purchased with stolen credit card information.”

Counterfeit cards were also used to buy goods at various stores, including TJ Maxx and REI, which were then returned and credited to one of the defendant’s legitimate credit cards, prosecutors allege. A few days before the raid, prosecutors say, the pair used a stolen credit card to pay for a $1,200 large group brunch at the Four Seasons Hotel in Georgetown.

Before the alleged fraud was revealed, Caffe Aficionado garnered rave reviews for its hand-crafted coffee and espresso drinks. A local food critic even called it “one of the finest coffee shops in the area.”

“We’re really happy with it,” Berhane said of the positive reviews. “I think it’s all about service. Follow the Golden Rule, it’s not that hard.”

Donat is scheduled to be sentenced on Nov. 17 in Arlington Circuit Court.

Public Defenders Object to New County Policy for First-Time Marijuana Offenders

By Tim Regan

Marijuana(Updated at 1:02 p.m.) A new Arlington General District Court policy to skip appointing a lawyer for some first-time marijuana offenders has local public defenders speaking out.

Under the new policy, which took effect March 1, people caught with a small amount marijuana would not be appointed a lawyer if they have no criminal record and it’s their first pot possession offense.

According to a memo that court officials sent to the Arlington County Bar Association last month, some people caught with pot for the first time can enter a guilty plea and have the charge dismissed as long as they agree to meet “certain conditions” set by the court.

Offenders who qualify would have two weeks from arraignment to consult with an attorney if they choose, but wouldn’t be appointed one.

Though the Sixth Amendment of the U.S. Constitution says “in all criminal prosecutions the accused… shall have assistance of counsel for his defense,” the Supreme Court ruled in a 1979 decision that the right to counsel only applies when a defendant faces imprisonment.

In this case, because the court is waiving jail time for those offenders, it does not legally need to appoint them counsel. Many other courts throughout the U.S. have also similarly waived imprisonment for first-time marijuana offenders.

Arlington’s Office of the Public Defender is protesting the policy on the grounds that it could unfairly affect people who can’t afford lawyers if they want them.

The office made its case in a rebuttal letter shared with ARLnow.com.

“While no doubt unintended, Arlington’s new policy will send us down a slippery slope towards the same scenario for poor people: no lawyers for indigent persons charged with personal-use marijuana possession cases where the court or prosecutor exclude jail time as a sentencing option,” the letter reads.

Matthew Foley, the office’s chief public defender, added that the new policy would “disproportionately affect minorities and immigrants” and possibly deprive them of their due process.

Foley argued that the policy could mislead people into thinking the charges would be expunged from their record, which they may not be. For citizens, he said, the consequences of a criminal record might include loss of educational opportunities, jobs, public benefits, student loans, and the ability to legally drive a car. For non-citizens, the consequences of such a record could mean deportation, the inability to become a citizen or re-enter the country.

“Liberty is not just about jail time,” he told ARLnow.com. “It’s about permanent criminal records, which affect you your entire life.”

Foley continued in the letter:

Assuming a typical indigent defendant can even get a free consultation with a private lawyer, how does that person parlay the attorney’s advice into getting due process? If the consulted lawyer advises that the police stop or search were unlawful, what will the indigent defendant without an appointed attorney be able to do with this advice? What if the person charged is innocent? How does the mere advice of the attorney lead to a just result? If the attorney tells the accused person that the case is weak, but he may be deported if he is found guilty, how does that help? The answer is clear: it will help no more than a doctor advising an uninsured, cash-strapped patient how to remove his tonsils, set a broken leg or cure his cancer.

But Commonwealth’s Attorney Theo Stamos disputed Foley’s argument and called his rhetoric “overheated.”

(more…)

Morning Notes

By ARLnow.com

Wreaths on gravestones at Arlington National Cemetery 2016 (Flickr pool photo by John Sonderman)

Hunt Loses Mansion Legal Battle — Rodney P. Hunt, once one of the D.C. area’s wealthiest businessmen, has lost a legal battle to keep his $24 million Chain Bridge Road mansion. Hunt, who represented himself in court, asserted that the entity that bought the mansion at a foreclosure auction this summer was not its real owner. While Hunt was living there, the 20,000 square foot property hosted large “#RHPMansion” parties, one of which led to a drive-by shooting in McLean. [Washington Post]

‘Loss of Historic Architecture’ — The historic George Washington Carver Cooperative Apartments in the Arlington View neighborhood were torn down in February. The apartments’ 70-year history as a centerpiece of the working-class African American community there was, however, preserved via oral histories and historic markets. The property is now the Carver Place townhomes, which start at $689,000. So far, 38 of 73 have sold. [Falls Church News-Press]

Road Closure in Lyon Park — Washington Gas pipeline work is prompting a road closure in Lyon Park today and tomorrow. Cyclists who use the Arlington Blvd trail may also be affected. [BikeArlington Forum]

First Day of Winter — Today is the first day of winter in the Northern Hemisphere. It is also known as the winter solstice, the shortest day of the year in terms of daylight. [Capital Weather Gang]

Flickr pool photo by John Sonderman

Morning Notes

By ARLnow.com

Newly-installed solar panels on the rooftop of Buck & Associates in Courthouse (photo courtesy Billy Buck)

Vornado Reveals Big Plans for Crystal City — Vornado, the preeminent property owner in Crystal City, has filed preliminary plans to overhaul a number of its properties in the community. The plans include big changes to the Shops at 1750 retail space, near the entrance to the Crystal City Metro station, and a new multiplex cinema. [Washington Business Journal]

Lyft to Open Regional HQ in Crystal City — Ride hailing app company Lyft is planning to invest $350,000 to open a new regional headquarters in Crystal City, creating 32 jobs locally. “Lyft is thrilled to open our new office in the emerging innovation center of Crystal City,” said Steve Taylor, the company’s general manager for the D.C. area. “We’re extremely pleased by the warm welcome we have received from Governor McAuliffe, and state and county officials.” [Washington Post]

Lawyer Pleads Guilty to Attack on Law Firm Partner — Alecia Schmuhl has pleaded guilty in the vicious 2014 attack on Leo Fisher and his wife Susan Duncan. Prosecutors say Schmuhl and her husband took the couple hostage, slit Fisher’s throat and stabbed Duncan as part of a revenge plot after she was fired by Fisher from the Arlington-based firm of Bean Kinney & Korman. Fisher and Duncan survived the attack. [Washington Post]

Nominations Open for James B. Hunter Award — Arlington County is accepting nominees for the 2016 James B. Hunter Award. The award, named after a former Arlington County Board member, “goes to individuals, community groups, non-profit organizations and business establishments that promote cultural diversity and equal rights for all residents.” [Arlington County]

Photo courtesy Billy Buck

Morning Notes

By ARLnow.com

Clouds and rays of sunlight above Claremont Immersion School (Flickr pool photo by Erinn Shirley)

Rainy Weekend, Maybe — Hurricane Hermine, which is now a tropical storm after making landfall in Florida, is expected to make its way up the coast and bring rain to the Mid-Atlantic region Saturday and Sunday. The exact track of the storm is still in question, thus it’s unclear just how much rain the D.C. area will get. [Capital Weather Gang, Twitter]

Big Immigration Court Delays — A federal immigration court in Crystal City has such a heavy caseload that some hearings are scheduled all the way out to 2024. [Fox 5]

Arlington Native Serving on USS Arlington — Wakefield High School grad Joseph Reed is serving as a fire controlman aboard the USS Arlington, the U.S. Navy ship named after his hometown. [Navy Office of Community Outreach]

Flickr pool photo by Erinn Shirley

Pentagon City Mall Shooting Suspects Sentenced

By ARLnow.com

Fashion Centre at Pentagon City mall parking garage, scene of a shooting in December 2015Two men arrested for a shooting outside the Fashion Centre at Pentagon City mall have been sentenced after entering plea agreements.

Reginald Dana is slated to serve three years in prison after entering an Alford plea for attempted malicious wounding and use of a firearm in the commission of a felony. Calvin Pelzer will serve a year in jail after pleading guilty to felony eluding and accessory after the fact, according to prosecutors.

The December 2015 shooting was described as a road rage incident at the exit of the mall’s parking garage. Police say Dana fired a gunshot in the air out of frustration with a driver who was having problems using a credit card at one of the gates. Pelzer, the driver, then sped away and tried to elude police who gave chase on I-395. The chase ended near 3rd and F Street NW in D.C., after the two suspects bailed out and started running.

Both men were both 21 years old and D.C. residents at the time of their arrest.

Courthouse Law Firm’s Reaction to Guilty Verdict for Partner’s Attacker

By ARLnow.com

Alecia and Andrew Schmuhl (photos via FCPD)The man who held a local attorney and his wife captive in their McLean home for hours, torturing them and slashing their throats, has been found guilty on all charges.

Springfield resident Andrew Schmuhl, 33, now faces a maximum sentence of life in prison. The sentencing will begin Thursday.

Schmuhl’s wife, Alecia, will face trial in September for her role in the attack, which allegedly stemmed from her firing from the Courthouse-based law firm Bean, Kinney & Korman. Victim Leo Fisher was the partner in the firm who fired Schmuhl.

The firm released the following press release about the verdict Tuesday evening.

We are grateful that the jury’s guilty verdicts in the prosecution of Andrew Schmuhl for his brutal assault of our friend and colleague, Leo Fisher, and his wife Sue Duncan, mark the beginning of closure for them. This was a horrific ordeal no one can fully grasp. We appreciate the enormous effort made by the Commonwealth’s Attorney and his office to present a compelling case that has produced a just result, and the hard work of the law enforcement professionals who brought the facts to light. We trust that the jury will now recommend a sentence commensurate with the defendant’s atrocities.

The firm remains deeply indebted to its friends, clients, colleagues and fellow professionals for their constant well-wishes and support throughout this process.

With the conclusion of the sentencing proceedings, Leo may add his comments to those of the firm, but we ask that his and Sue’s continued privacy be respected. Otherwise, as the prosecution of Alecia Schmuhl is continuing, no further comment will be provided from anyone with the firm, apart from our desire that an appropriate outcome in her case will also be achieved.

About Bean, Kinney & Korman, P.C.

For more than 50 years, Bean, Kinney & Korman has been a leading Northern Virginia law firm that has continuously grown and diversified to meet the increasingly complex legal needs of its expanding community of clients. Bean, Kinney & Korman provides business/corporate and individual services among a wide range of practice areas.  For more information, visit http://www.beankinney.com.

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