Crime and Public Safety

RICHMOND, Va. (AP) — A former Virginia prosecutor faces a disciplinary hearing over his handling of a plea agreement in a fatal boat crash.

Jan Smith, who was Lancaster County’s top prosecutor, had negotiated an agreement for John Randolph Hooper to serve one year in jail after pleading guilty in the August 2017 death of 31-year-old Graham McCormick.

A Virginia State Bar subcommittee concluded Smith violated rules of professional conduct when he discussed the deal with McCormick’s family and “wrongfully and inaccurately” suggested that the judge overseeing the case had prejudged it, the Richmond Times-Dispatch reports. McCormick’s family believed the deal was too lenient.

The subcommittee said Smith violated rules against knowingly making a false statement of fact or law. A disciplinary hearing has not been scheduled yet. Smith could face suspension or revocation of his law license if the charges are proved.

Smith lost a November election after one term as the county’s top prosecutor. He has 21 days to respond to the subcommittee’s findings.

McCormick’s body was found floating in a creek off the Rappahannock River. The state medical examiner concluded that McCormick’s death was caused by drowning and that blunt-force trauma was a contributing factor.

McCormick and Hooper, a college friend, were intoxicated when they went for a ride in a boat that crashed into a bulkhead, according to evidence provided during a plea hearing. Hooper, 34, of Richmond, was indicted on charges of involuntary manslaughter and failure to render aid.

Photo: Martinsville City Jail

STATE POLICE NEWS RELEASE: MARTINSVILLE, Va. – Four local men and women are behind bars facing multiple charges related to the May 13, 2020 homicide of a Henry County woman. With the assistance of Henry County Commonwealth’s Attorney, the Virginia State Police served the arrest warrants May 20 and May 21 on all four individuals. All four were taken into custody without incident.

The investigation began the morning of May 13, 2020, upon the discovery of Pamela S. Morse, 63, of Martinsville, Va. deceased inside her residence in the 1300 block of Wingfield Orchard Road. At approximately 7:52 a.m., her husband called 911 to report that he had just arrived home from work and discovered his wife deceased. The Office of the Medical Examiner in Roanoke confirmed Ms. Morse died from a gunshot wound.

Further investigation revealed several items had been stolen from the residence to include a 2010 Jeep Compass. The Jeep was recovered later the same day (May 13, 2020) abandoned behind a residence in Franklin County. Several firearms and other stolen items from the Morse residence were located inside the stolen Jeep.

State police have charged the husband, David Lee Morse, 66, of Martinsville, Va., with 1st degree murder and conspiracy to commit murder. He is being held without bond at the Martinsville City Jail. [Morse is a former Henry County sheriff’s deputy.]

Collin Joshua Russell, 37, of Stuart, Va., was taken into custody last week in Franklin County on an unrelated arrest warrant from Patrick County. Virginia State Police served him Thursday (May 21) with five warrants in relation to the Morse homicide: 1st degree murder, conspiracy to commit murder, use of a firearm in the commission of felony, grand larceny of a firearm and grand larceny of a motor vehicle. Russell is being held at the Patrick County Jail without bond.

Also arrested Wednesday are Tanna Shelton Fitzgerald, 54, of Fieldale, Va.. She has been charged with 1st degree murder, conspiracy to commit murder and use of a firearm in the commission of a felony. She is being held without bond at the Henry County Jail.

Casey Lynn Rogers, 27, of Meadows of Dan, Va., was charged Thursday (May 21) with 1st degree murder, conspiracy to commit murder, use of a firearm in the commission of a felony, grand larceny of a firearm and grand larceny of a motor vehicle. She is being held without bond at the Martinsville City Jail.

The investigation remains ongoing by the Virginia State Police Bureau of Criminal Investigation’s Salem Field Office, in cooperation with the Henry County Commonwealth’s Attorney. The Henry County Sheriff’s Office, Franklin County Commonwealth’s Attorney and Patrick County Sheriff’s Office have also assisted with the investigation.

MUG SHOTS: Please contact the jails to obtain the mug shots.

The Botetourt County Sheriff’s Office says a man who fired several shots at a deputy overnight later took his own life. Deputies were called to a domestic disturbance near Buchanan and later caught up with the suspect in the Springwood area of the county. Officials say 41-year-old suspect fired at a deputy, striking a patrol car several times. The suspect was later found dead in nearby woods with what appears to be a self-inflicted gunshot wound.

NEWS RELEASE:  This morning, Wednesday, May 20, 2020, at 1:28 a.m. a concerned citizen reported a domestic disturbance in the 1600 block of Pico Road in the northern area of Botetourt County.

Deputies responding to the scene received information that threats of violence were made toward a citizen and law enforcement; and a firearm was discharged. Upon the arrival to the scene.  Deputies were told the alleged suspect involved, had left the scene in a white Ford pickup truck. The suspect vehicle was located in the 1500 block of Davis Run. As the deputy approached in his vehicle, he was fired upon by the suspect; striking the deputy’s patrol vehicle multiple times.

The Botetourt County Sheriff’s Office Emergency Response Team and the Virginia State Police, Tactical Team, responded to the scene. Deputies were able to make contact with the suspect by phone. The suspect refused to negotiate and ended the call. The negotiator attempted multiple times to reestablish communication without success.

The Botetourt Sheriff’s Office Emergency Response Team conducted a search of a wooded area near where the deputy was fired upon.  Deputies discovered a 41 year old male, which was unresponsive, and had suffered from an apparent self-inflicted gunshot wound.

No officers discharged their weapons, and no officers were injured in the incident.

The body has been transported to the Office of the Medical Examiner in Roanoke for examination, an autopsy and positive identification.

This investigation remains ongoing at this time.

From Montgomery County Sheriff’s Office: At 8:47 p.m. on Tuesday May 19th, deputies from our Office responded to a 911 call from the 1400 block of Red Hawk Run (Christiansburg).When deputies arrived on the scene they discovered 51 year old Michelle L. Tompkins suffering from multiple gunshot wounds. Riner Rescue Squad members transported her to the New River Valley Medical Center where she died a short time later. Deputies arrested her husband 58-year-old Gerard P. Tompkins of Christiansburg at the scene. He was charged with second-degree murder and is being held in the Montgomery County Jail with no bond.The investigation is on-going, further charges may be pending. No other information is available at this time.

UPDATED NEWS RELEASE: The Virginia State Police have identified the victim found in the home in the 1300 block of Wingfield Orchard Road in Henry County.
The 63 year old female victim is identified as Pamela S. Morse of Henry County. Ms. Morse was found by her husband when he returned home at approximately 8:00 a.m. Wednesday (May 13). The Henry County Sheriff’s Office responded to the scene, and then contacted the Virginia State Police to conduct the investigation into the death.
Special Agents from the Virginia State Police, Bureau of Criminal Investigation responded to the scene and received information that a 2010 Jeep Compass was missing from the driveway. Police located the Jeep Compass behind a residence in Henry Community of Franklin County.
The remains of the victim have been sent to the Virginia Office of the Medical Examiner, Western District to determine the cause of death.
Anyone with information should contact the Virginia State Police at
1-800-542-5959.
This remains an active investigation.
PREVIOUS: The Virginia State Police, Bureau of Criminal Investigation, Salem Division has been asked by the Henry County Sheriff’s Office to investigate a death in Henry County.
A female was found deceased in a home this morning, in the 1300 block of Wingfield Orchard Road in Henry County. The Virginia State Police was contacted at approximately 10:00 a.m. by the Henry County Sheriff’s Office to assist with the death investigation.
Police are currently looking for a 2010 Red Jeep Compass, with a Virginia Registration of VFV 5461 that is missing from the home. Anyone with information on the location of this vehicle, please contact the Virginia State Police at 1-800-542-5959.

VDH is reporting 772 new coronavirus cases this morning, bringing the statewide total to 22,342. Health officials are reporting an additional 6,662 people have been tested for coronavirus in the most recent 24-hour period. That means less than 9-percent of those tested are presumed to have COVID-19. Yesterday’s numbers showed 15% of those tested were presumed to have coronavirus. There has also been 43 coronavirus related deaths bringing the overall death toll to 812.

Minor league baseball player Blake Bivens says he learned of the deaths of his wife, son and mother in law through social media. Bivens is from the Danville area, and he spoke publicly about the August murders for the first time over the weekend in a Facebook conversation with his church. Bivens said he already knew something was wrong at home and was waiting fly home from Chattanooga when he decided to check Facebook:

Biven’s brother-in-law, Matthew Bernard is charged with three counts of murder and is awaiting trial.

Here is the full conversation:

https://www.facebook.com/theriverchurchdanville/videos/694952357713105/

DANVILLE, Va. (AP) — Tampa Bay Rays minor leaguer Blake Bivens says he learned through social media of the deaths of three family members last summer.

Speaking publicly for what is believed to be the first time about the Aug. 28 deaths of wife Emily, 1-year-old son Culle and mother-in-law Joan Bernard, Bivens recalled details of traveling home to Keeling, Virginia, from Chattanooga, Tennessee, where he had been on a road trip with the Rays’ Double-A Montgomery affiliate.

The 24-year-old pitcher’s brother-in-law, Matthew Bernard, was arrested, charged with three counts of murder and is awaiting trial.

The athlete said his faith has helped him cope with the deaths.

“The only thing I really remember from the whole plane ride is I just went through periods. I just stared at the back of the seat the whole time, trying to get my mind to wrap around what I’m hearing,” Bivens said.

“It’s almost kind of like, `This isn’t really happening.’ I was more in a state of shock. I would go through periods of shaking,” he said. “Then I would start to lose it a little bit and break down and cry. It was kind of like a circle. The plane rides just seemed like they took forever.”

Bivens said he initially feared something was wrong when he awakened that day and had not received a text message from his wife.

The concern grew when he couldn’t reach her and he learned on Facebook that his brother-in-law was being sought by police. He returned to social media, searching for information, while sitting in the Chattanooga airport.

“First headline I see is two females and a small child were gone. I immediately knew that was them,” Bivens said. “I found out my family was gone over a Facebook headline. I just immediately began to scream in the middle of the airport.”

The pitcher said the trip home “could have been a whole lot worse for me” if he had not been accompanied by three members of the Rays organization, including Montgomery manager Morgan Ensberg.

“I think the hardest moment for me was when I got home and I walked in my son’s bedroom for the first time and realized I was never going to see him on this earth again,” Bivens said. “That was the worst moment in my life. Nothing ever will come to feeling the way I felt at that moment.”

Clinton Wiseman

From Franklin County Sheriff’s Office: After an almost ten (10) hour long standoff, a barricaded subject in Franklin County has been safely taken into custody. Clinton Wayne Wiseman, 28 years old of Wirtz, Virginia, was taken into custody at approximately 12:00am/midnight without further incident. Specific charge information will be forthcoming.

The Franklin County Sheriff’s Office would like to thank the following agencies for their assistance in bringing this situation to a successful close: Virginia State Police, Department of Game and Inland Fisheries, and Franklin County Public Safety.

Previously: At approximately 2:45pm, the Franklin County Sheriff’s Office arrived in the 1200 block of Bonbrook Mill Road for a warrant service. Upon approach to the residence, the subject barricaded  himself within the home. Deputies are on scene trying to talk the subject out of the home. For the safety of these surroundings in this incident, Bonbrook Mill Road is closed from US 220 to Wirtz Road. The Franklin County Sheriff’s Office is asking drivers to detour and avoid the area due to road closure.