Virginia Criminal Lawyer

Virginia Denies Judgeship To Gay Prosecutor

Wed, 16 May 2012 16:01:24 -0500

The past few weeks have been an absolute roller coaster to the LBGT Community. Most notably, the historic declaration from President Barack Obama that he is in favor of gay marriage, making him the first president to publically come down on that side of the debate. But that only came on the heels North Carolina passing a bill the day before to ban same-sex marriage and civil unions; a sobering reminder of the divide that still exists from State to State.

Now, less than a week after North Carolina elected to pass that ban, the state of Virginia has come to a decision that is being called just as shocking. An openly gay prosecutor in the state of Virginia who was being considered for a judicial nomination was voted down early Tuesday morning after failing to secure a majority of the house. A former fighter-pilot and Navy Officer, Tracy Thorne-Begland has no glaring issues on his record, so his sexuality is widely considered the reason he failed to get the necessary number of votes.

At least one Republican was willing to say why he chose to vote against Thorne-Begland, according to this article from the New York Times. "It's about a pattern of behavior that is just notorious for homosexual advocacy," Bob Marshall, a Delegate from Prince William County said. He also found issue with Thorne-Begland lying on his application to the Military more than 20 years ago when he knew that homosexuals were not allowed to join. "The fact that he defied his oath and could not have been candid on the application - that's highly problematic, and it stays with you."

Advocacy groups around the Commonwealth of Virginia are outraged by the decision, as most believed that the confirmation of Thorne-Begland to merely be a formality. He had already received a lot of support from Courts of Justice Committee, a bi-partisan entity that is responsible for vetting potential judicial candidates.

Virginia's Governor Bob McDonnell has disagreed with the vote, claiming that candidates should be judged only on their "record, merit aptitude and skill." His statement lends credence to the belief that Thorne-Begland only failed to be approved because of his sexuality.

The circumstances of the vote itself are also quite concerning. It took place at 1 am on Tuesday morning after many of the Delegates had already left for the day. Of the 100 voters normally charged with making such a decision, only 74 were still around to vote. 33 came down in favor of Thorne-Begland while 31 opposed and 10 abstained. If the vote had taken place when more of the Delegates where still around it might have been easier for him to receive the majority that he needed to be approved.

Virginia is one of the States that has a ban on same-sex marriage and they have also voted down a bill that would protect state employees from discrimination based on their sexuality a number of times. While the decision this week to deny Thorne-Begland a spot on the bench still is surprising considering the amount of support he appeared to have going into the decision, it is right in line with the way Virginia has voted on similar issues in the past.

Please contact Price Benowitz LLP for a free consultation from our Alexandria criminal lawyer office. We also have attorneys in Washington DC in Maryland, so please visit our DC criminal lawyer and Prince George's criminal lawyer sites for more information on those offices.

Ignition Interlocks Might Be Mandatory For All Convicted DUI Offenders

Fri, 17 Feb 2012 09:14:26 -0500

The Virginia General Assembly has moved closer to strengthening the state's already tough DUI punishments by requiring ignition interlock for all first time offenders. As a Virginia DUI attorney, I have reservations about this proposed amendment. My reservation is not that I believe the punishment is too harsh or draconian. Rather, I believe that this new requirement creates a logistical and bureaucratic nightmare.

First, Virginia must find a reliable source for purchasing an inordinate number of additional ignition interlock devices. While new suppliers are quickly becoming available online, there must be enough devices distributed to the various jurisdictions to meet the demand that the new law will create. This will be a financial boom for the company or companies that gain this contract. Most laws passed in this session of the General Assembly will take effect on July 1, 2012. It is difficult to imagine that orders could be placed, quality assurance tests could be performed, and devices could be distributed prior to that date.

Second, a mandatory ignition interlock program requires oversight. Currently, the local Alcohol Safety Action Program (ASAP) offices are involved in the installation, maintenance and monitoring of these devices, as well as other requirements for DUI offenders, including education, testing, and treatment monitoring. Thus, to place every DUI offender within the realm of the ASAP office for significantly more attention than the statutory ten (10) week education class creates a lot of additional work for ASAP. New employees will have to be hired and trained, facilities may have to be expanded, and all of that takes time and money. Fees generated by the rental of the ignition interlock devices by offenders will likely offset many of these costs, but office space and training are upfront costs that will be passed on to the taxpayer initially.

Third, the ignition interlock device itself is a very sensitive piece of machinery. It detects alcohol from your breath and gives a reading, which is then reported both to the ignition system (allowing or preventing start-up) and to the monitoring center at ASAP. Most manufacturers recommended that the devices be returned for calibration at least every sixty (60) days. Calibration requires technicians, both those trained on the devices and those trained on the computer reporting systems. The current number of technicians must greatly increase in a short time to cover this gap. Failure to calibrate can lead to false positive tests or violations for letting the machine lapse. This creates another mandatory trip for the offender to his local ASAP office, and another opportunity for a violation.

Fourth, ignition interlock devices are not perfect. The current proposed law is less stringent than the aggravated DUI requirement of all vehicles registered to the offender or driven by the offender. Ignition interlock devices cannot tell the difference between consumed alcohol and internally created alcohol, as may be the by-product of body processes commonly found in diabetics, dieters, or those on certain prescription medications. Alerts by the system typically are reported immediately to law enforcement, who respond to the location of the alleged violation. Thus, in attempting to thwart drunk driving offenses, the punishment phase could put an additional strain on law enforcement's limited resources. Finally, in this area of increased fiscal scrutiny, I do not believe that this is the proper balance of limited resources and concern for the public safety. While numerous probation officers, ASAP personnel, and even repeat offenders have told me over the years that a more strict first offense punishment would have been a greater deterrent, I have serious doubts about whether the current incarnation of this proposed law accomplishes that goal.

This blog post is written by Virginia criminal defense attorney Thomas Soldan. He has offices in Leesburg and Warrenton, where he assists clients facing DUI, criminal, and reckless driving charges. Mr. Soldan is also aVirginia car accident attorney, heads our Virginia personal injury practice, and is President of the Fauquier County Bar Association.

Sober-Ride Program Offers Virginia Residents Free Cab Rides Home

Fri, 30 Dec 2011 15:42:24 -0500

This New Year's Eve the Safe Ride Program once again is providing would-be drunk drivers with free cab fare throughout the weekend. This large scale effort to reduce drunk driving fatalities provided by the Washington Regional Alcohol Program is in its 18th year. Last New Year's Eve the program provided about 1,000 free taxis within the greater DC area.

By calling 1-800-200-TAXI, drunken party-goers can get a free ride home up to a value of $30. The ride must originate in the District of Columbia; Arlington, Fairfax, Prince William and Eastern Loudoun Counties in Virginia; and the Cities of Alexandria, Falls Church, Fairfax, Manassas and Manassas Park.

Service hours are between 10:00 pm and 6:00 am and the program runs tonight the 30th and tomorrow night, New Year's Eve. A few things to remember:

You cannot reserve ahead or call to schedule a pickup in advance; the call must originate during program hours and will be dispatched as soon as a taxi is available,

You must pay any fare amount in excess of $30,

The free ride does not include tip and you should remember to tip your driver in relation to the total fare amount, and

You must be 21 or older to ride with the service

.
Participating taxi companies include: Alexandria Yellow Cab (Alexandria), Fairfax Yellow Cab (Fairfax County), Loudoun Yellow Cab (Eastern Loudoun County), Manassas Cab Company (Prince William County), Red Top Cab Company (Arlington County), Yellow Cab of District of Columbia (District of Columbia), and Yellow Cab of Prince William County (Prince William County). When waiting for your ride, watch for a taxi from a participating company from your area.

This weekend the streets will be flooded with police officers looking for drunk drivers. Protect yourself and your passengers from a Maryland DUI by planning appropriate transportation. Have a designated driver or take public transport or hire a car; but if none of those options are available, Safe Ride is. Have a safe and happy New Year and call 1-800-200-TAXI to avoid risking DUI.

Law clerk Rosie Brown wrote this blog post. Price Benowitz LLP is a DC based law firm handling criminal defense, immigration, and personal injury cases. For more information about the firms expanding personal injury practice, please visit the Virginia Accident Lawyer and Maryland Accident Attorney websites.

First Trial as a Virginia Criminal Defense Attorney

Mon, 26 Sep 2011 16:06:03 -0500

Years ago as a newly minted associate at a general practice litigation firm, I was exposed to all facets of litigation. An area that immediately caught my interest was criminal law. New associates generally start off their criminal law careers small, working their way up from traffic cases and lower class misdemeanors before handling more serious offenses like DUI's, drug offenses, and violent crimes. I was no different, having negotiated dozens of traffic infractions, accident cases, and reckless driving matters before being handed my first solo DUI.

The client was a longtime client of the firm and I was under strict instructions by the client that nothing more than conviction for a minor moving violation was acceptable. After thoroughly researching the case law, talking with the client and the arresting officer, and visiting the scene of the alleged traffic violation, I was convinced that I had discovered the young lawyer's nirvana: the perfect intersection of law and fact to present to the prosecutor, who would invariably see the wisdom of my argument and reduce the charge to its appropriate traffic offense, or dismiss the matter entirely. The law in question was the case of Commonwealth v. King, holding that mere movement in a lane, without breaking the white lines or disregarding other traffic laws, is insufficient as a matter of law for initiating a traffic stop. The facts supported the law as the driver had swung wide, but within the lane, on a banking stretch of road on a rainy night, then corrected to the other side of the lane, but never breaking the white line. Done and done, or so I thought.

The prosecutor, perhaps detecting my relative inexperience, declined to nolle prosequi the charge. I was shocked. Why couldn't she see what I saw? Instead, she maintained that the client had the option to take a plea deal that would suspended all jail time, but still be a DUI, or go to trial. My client was initially hesitant. I advised the client that the law and facts were on our side, but that the client would likely need to testify if the officer's testimony was sufficient to survive my motion to strike the evidence. The client agreed to go to trial after being reassured about the right to appeal de novo in the Circuit Court if the judge failed to agree with my reasoning.

As it turned out, the general district court judge allowed the case to proceed and my client testified as to driving behavior, the client's lack of impairment, and the defects in the officer's report of the field sobriety tests. The judge dismissed the matter even before I could return to my table after closing argument, offering in the ruling that the case probably should not have made it past the motion to strike, but that it was good to see a young attorney try a case properly for once. My client was overjoyed that the system worked as it should and my career decision to be a Virginia criminal defense lawyer was cemented.

This article is presented by Price Benowitz LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer, Washington DC DUI Attorney and Virginia personal injury websites.

Virginia Criminal Defense Lawyer, Thomas Soldan

Wed, 27 Jul 2011 12:29:14 -0500

The concept of writing an introductory blog is straightforward, but it can soon lead down a rabbit hole of self-examination and reflection.

I was not always so confident that I wanted to be a Virginia criminal defense lawyer or a personal injury lawyer. My initial exposure to the law was as a defendant in a civil suit. Involved in a two-car accident on a stormy summer night in high school, I was surprised to see the Spotsylvania County Sheriff's Deputy at my door many months after my case had been dismissed in traffic court. Served? Lawsuit? Twenty-One Days to File a Response? My head was swimming and once the confusion subsided, fantasies of representing myself and being a John Grisham-style natural in the courtroom took over. That thought was quickly dismissed by the deputy, who reminded me to notify my insurance company right now. I did and they took over from there.

Weeks later I was contacted by a local Fredericksburg firm and they invited me to their office to give a statement about the accident. Hired by the insurance company, I was their client too, and they treated me as such. Much to the delight of a high school student contemplating his college major the next fall, the entire process was explained to me as if it was an assignment I would be working on. Soon I was presented with discovery to answer, which felt like extra homework without the benefit of extra credit at times, and my deposition was taken. The confidence, professionalism, and ability of both my attorneys as well as the plaintiff's attorney made a lasting impression. Years later, I looked back on those events fondly and decided to investigate law as a career. To my surprise, both firms agreed to allow me to shadow their attorneys for one-week externships, in which I sat in on client meetings, did some legal research, and went to court. It was an amazing experience that instilled in me humble beginnings of the qualities necessary to practice law in this great Commonwealth.

This blog post was written by Thomas Soldan. He is admitted to practice in Virginia. With offices in Leesburg and Warrenton, he represents clients charged with Virginia DUI and Virginia reckless driving, href="http://www.recklessdrivinglawyer.net">reckless driving charges. Mr. Soldan is also aVirginia car accident attorney, heads our Virginia personal injury practice, and is President of the Fauquier County Bar Association.

Burke Man Charged With DWI After Fatal Fairfax Crash Kills Sister

Wed, 13 Jul 2011 10:56:06 -0500

A twenty-one-year-old Burke woman is dead and her twenty-seven-year-old brother has been arrested and charged with Driving While Intoxicated and Manslaughter after a July 4th crash in Fairfax.

Sara Ghaffari-Nik was killed when the 2009 Mitsubishi Eclipse driven by her brother Hossein Ghaffari-Nik struck a tree and rolled. According to police reports, the siblings were heading south on Shirley Gate Road by the intersection of Matte Moore Court just before 4 a.m. at the time of the crash.

The chain of events leading to the death of the younger Ghaffari-Nik began when the vehicle her brother was driving struck a curb and lost control of the car. The Mitsubishi Eclipse crashed into a tree, causing the vehicle to flip onto the driver's side and spin, according to police reports. The car hit a second tree after it flipped.

The deceased woman was not wearing a seatbelt at the time of the crash, and was ejected from the vehicle. She was pronounced dead at the scene of the accident. Fairfax County Police Spokesman Officer Don Gotthardt commented on the woman's death:

"This has tragically changed the life of this family... We take this very seriously. Anytime you mix alcohol with driving, there's the potential for serious trouble. We place a great emphasis on safety and facilitating safe travel," Gotthardt said.

Gotthardt also commented on some of Fairfax County's "high intensity DWI enforcement" policies. The Fairfax County officer says there are "weekly DWI enforcement efforts" involving random sobriety checkpoints within Fairfax County and "six pack patrols." He added:

"These are teams of officers roving the streets looking specifically for impaired drivers."

The accident is still being investigated by Fairfax County Police, and anyone with information has been asked to contact Fairfax Crime Solvers at fairfaxcrimesolvers.org. It was unclear whether Ghaffari-Nik had been assigned or had retained a Fairfax DUI lawyer to defend him.

The DC Bar Association has Announced its 2011-2012 Election Results for its Twenty-One Steering Committees

Wed, 15 Jun 2011 19:35:23 -0500

The Virginia Criminal Practice group of Price Benowitz LLP is excited to announce that founding partner, David Benowitz, was elected to two committees. David will be serving on the Courts, Lawyers and the Administration of Justice committee and the Criminal Law and Individual Rights committee.

A Virginia Criminal Defense Attorney's First Day in Court

Thu, 02 Jun 2011 17:13:44 -0500

Virginia criminal defense attorney D.P. Hultman wrote this post. She is a former intern in the Arlington Public Defender's Office and former employee at the Danville Public Defender's Office. Ms. Hultman received her bachelor's degree from the University of Virginia and received her JD from George Mason University.

Danville, I found out, is located about an hour south of Lynchburg and an hour north of Greensboro, right on the North Carolina border. I started my career as an Assistant Public Defender during the winter of 2008. The first few weeks were a blur of organizing my living quarters at home and on-the-job training at work. I observed my coworkers in court and took copious amount of notes. Then my first day in court as a Virginia criminal defense attorney finally arrived. I was nervous, but excited and ready.

I had three misdemeanor cases and four bond motions in General District Court that day. It was probably one of the most memorable days in court for me. By mid-day, I was already exhausted, but the adrenaline kept me going and I learned some very important lessons, such as (a) ask your client if they have made any statements - it's nice to know before trial, and (b) if your client's version of events is different from their own witnesses, the case is not going to go well. Thankfully, we all survived that day and my first day in court was officially done.

I had an interesting conversation with one of my clients one day. He asked why I did what I did. What made me wake up every morning excited to go to work? The only answer I had for him was client contact. I love meeting new people. I genuinely enjoyed talking to my clients and a day where I can meet clients, talk to them, and help them through the legal system is a great day for me.

I admit, legal analysis comes a very close second. Legal research and writing were not my favorite topics in school, but in the real world, it meant something. Once they started to make a difference, motions and briefs were no longer something that had to be written grudgingly, but something that was written willingly, and with purpose.

My caseload increased exponentially and the charges got more serious as the months went by, but the positives outweighed the negatives. Meeting new people was always exciting and fun and by the time I left Danville, I left confident that being a Virginia criminal defense lawyer was the right choice for me.

Why I Became a Virginia Criminal Defense Attorney: Good Ideas Do Come From Hollywood

Fri, 13 May 2011 15:46:33 -0500

This blog post was written by Virginia criminal lawyer, D.P. Hultman. Ms. Hultman received her bachelor's degree from the University of Virginia and received her JD from George Mason University. She completed an internship at the Arlington Public Defender's Office and worked at the Danville Public Defender's Office, before entering private practice.

How many people would actually admit that television and film affected their career choice? I would. In fact, I could congratulate, or blame, the writers, producers, directors, and actors in A Few Good Men for where I am today. A Few Good Men might not be the reason I became a criminal defense attorney, but it played a role in my decision to apply to law school.

If you have never watched A Few Good Men, I recommend it. There was something magical about Lieutenant J.G. Daniel (Tom Cruise) going after Col. Nathan R. Jessep (Jack Nicholson) on the witness stand. But my favorite scenes were the parts leading up to it: the interviewing, the research, the evidence, and of course, the epiphany. And that was all BEFORE Col. Jessep even made it to the stand. As one of my law professors put it, this is a movie on what not to do in court, but they made it look exciting.

During law school, I didn't know I wanted to be a Virginia criminal defense attorney. In fact, I was far from it. The thought of speaking up in class, much less a courtroom, was intimidating. But someone once told me to take chances and I signed up for Trial Advocacy. Initially, it wasn't easy - the first "practice" trial we had, I was so nervous, I read the Opening Statement. But slowly, it got better. By the end of the semester, I really liked Trial Advocacy and knew I needed more practice, so I signed up for Trial Advocacy II. Unlike the first Trial Ad class, Trial Ad II was more... of everything: more focused, more mock trials, and more on-the-spot thinking. The Professor, a practicing attorney, would have us practice a specific topic, such as cross-examination, and then he would show us how he would have done it. It was training at its best. As the semester progressed, the mock trials became more complex, and the students, including myself, more enthusiastic. By the end of the semester, I knew I wanted to be in the courtroom.

At the same time as my Trial Ad II class, I was interning at the Arlington Public Defender's Office. It was hectic and a bit overwhelming, but it was exciting. I had the opportunity to research case law, prepare cases with Assistant Public Defenders, and meet with clients. In addition, I observed, and sometimes participated in misdemeanor trials. Some of the cases were very exciting to watch. There were Motions to Suppress, improper search and seizure questions, even the issue of whether or not an officer had the authority to arrest. But then there were cases where there were no issues - a prosecutor's dream come true. But it was at that moment, that I understood the importance of having a person there, standing between the defendant and the prosecutor. My interest in criminal law was awakened.

After graduation, I started looking for jobs and specifically positions involving criminal law. There was an opening in Danville, Virginia for an Assistant Public Defender, and I applied. I didn't even check the map to see where Danville was located until I got the interview...

Richmond Launches Court for Mentally Ill

Mon, 11 Apr 2011 09:37:35 -0500

The city of Richmond is planning to open a court that will allow mentally ill defendants to receive treatment instead of jail time. The goal is to treat the mentally ill as early as possible. Similar courts are open in Norfolk and Petersburg. The complete story is here: http://wapo.st/h5pLPa

Driver Sentenced in Drunk Driving Accident

Fri, 18 Mar 2011 17:19:44 -0500

The driver who pleaded guilty to involuntary manslaughter and maiming while driving intoxicated, has been sentenced to two years in jail. The accident left the driver's friend dead and DC United soccer player Charlie Davies injured. You can read the story here. You can also see our blog post from when the woman pleaded guilty back in November.

In Baltimore Drug Bust, Large Amount of Drugs Found on Cruise Ship

Thu, 13 Jan 2011 17:56:38 -0500

Royal Caribbean released a statement saying they "[continue] to cooperate fully with authorities during their investigation of crew members onboard Enchantment of the Seas suspected of smuggling drugs" after a second large-scale drug bust on one of the ships in their fleet. $94,000 worth of heroin and cocaine were found by drug-sniffing dogs aboard the Enchantment, the second such bust on a Royal Caribbean liner in the past month. No new arrests were made, but three Royal Caribbean employees were arrested after a December 18th bust that yielded $65,000 worth of heroin and cocaine in an employee's possession after the ship docked. All three men have retained Maryland criminal defense attorneys to represent them.

Virginia Theft Attorney: Woman Sentenced for Northern Virginia Gold Burglaries

Mon, 20 Dec 2010 11:48:33 -0500

A woman from New York City was sentenced December 4th in federal court in Alexandria after she admitted to having participated in a theft ring targeting South Asian families in Northern Virginia. Thirty-four-year-old Melinda Soto was accused of traveling from New York to burglarize dozens of homes in Fairfax and Loudoun counties.

Soto and her husband, Dagoberto Ramirez, pled guilty in September to charges of transporting stolen goods against state lines. A third co-conspirator, Francisco Gray, was deported to Peru after charges against him were thrown out for lack of evidence and his immigration lawyer was unable to secure legal status for Gray. Soto and Ramirez confessed to having burgled thirty-seven homes, stealing over half a million dollars worth of gold heirlooms last winter. Federal authorities told victims in the case that the stolen goods had been melted down almost immediately and sold by the trio.

Soto, who police say would knock on doors to discern whether homeowners were home before her husband and Gray stole the goods, was sentenced before US District Court Judge Leonie M. Brinkema last week. During the hearing, Judge Brinkema said to the defendant:

"Ms. Soto, you're not a kid... You traveled down to Virginia to do these crimes. There was an incredible amount of sophisticated planning, targeting an ethnic community, casing these houses. And even after you were arrested, there's evidence you tried to get an associate to manufacture an alibi."

Soto was ordered to pay restitution to the victims in the amount of $590,860. In addition to the five months she has spent in federal custody, she was sentenced to 36 months in federal prison. Victims in the case were not pleased with the decision. Herndon resident Jaya Sapre, who lost over $25,000 in property due to the thefts, expressed frustration at what she sees as lenient sentencing:

"Thirty-six months is nothing. A hardcore criminal knows now, 'I can do something like this.' Thirty-six months is nothing for them."

Virginia DUI Attorney: Virginia Beach Man Sentenced for DUI Resulting in Pedestrian's Death

Fri, 10 Dec 2010 17:21:36 -0500

A Virginia Beach man who pled guilty to several counts related to driving while intoxicated following the April 2009 death of a pedestrian has been sentenced to nearly five years in prison. Twenty-six-year-old Brandon Meck testified that he had no recollection of the incident that lead to the death of fifty-seven-year-old David Lucas at the intersection of Virginia Beach Boulevard and North Great Neck Road last year.

Meck said he recalled consuming an alcoholic energy drink and splitting a pitcher of beer during a game of pool with friends at a Virginia Beach bar on the evening of April 23rd, 2009. He also recounted being pulled from his vehicle, a Nissan Xterra, following the fatal incident. But at his sentencing in Circuit Court on November 30th, Meck was unable to describe the events leading up to or the accident in which Lucas was struck and killed.

Meck's Virginia DUI lawyer described the fatal collision as a "terrible mistake," but not a pattern of behavior for his client:

"I'm asking you to look at the big picture. Mr. Meck is a good kid. He made a terrible mistake."

Deputy Commonwealth's Attorney Patrick Connolly said Lucas' family did not want to see the young man in prison for the remainder of his life, but acknowledged the gravity of the consequences of Meck's actions:

"The victim is gone. A father is gone. A brother. Due to this man's actions. We can't just forget those things," Connolly said.

Meck is said to have had a blood alcohol level of 0.20, twice Virginia's legal limit for a DUI. At a hearing in July of 2010, Meck pled guilty to aggravated manslaughter, drunken driving and eluding police. He was sentenced by Judge Frederick Lowe to four and a half years in prison under the terms of a plea agreement, the maximum allowable by law.
Prior to his sentencing, Meck expressed remorse in court:

"I'm sorry to my family and to Mr. Lucas family. I wish this never happened."

Fairfax Criminal Attorney: Reston 'Recluse' Convicted of Involuntary Manslaughter in Friend's Shooting Death

Tue, 07 Dec 2010 17:12:50 -0500

A man who had not left his apartment in Reston for over three years when he shot and killed his former girlfriend was convicted last week of involuntary manslaughter in the woman's death. Fairfax criminal lawyers for fourty-six-year-old Ron Robertson argued that the killing was an "accident," while prosecutors contended that Robertson's failure to render aid to a dying Karen Deck after shooting her in the head illustrated his intent to kill her.

Deck brought Robertson "food and vodka" on a daily basis, and was said to be his "only connection" to the world that existed outside his apartment. Robertson, whose Virginia criminal attorney described him as a long-time heavy drinker, did not call police after he says Deck was accidentally shot while the defendant attempted to remove a bullet from his 9mm gun on October 23rd, 2009. Robertson called his parents and friends, although he notably did not call 911, to report that he had "shot his girlfriend." After failing to convince his family and friends that he had shot Deck, Robertson passed out until the next day.

On the 24th, another friend visited Robertson to drop off vodka. After the friend left, the defendant again phoned his mother, who finally placed a call to emergency services. At the time of his arrest, Robertson's blood alcohol content was reported to be three times the legal limit for intoxication in Virginia, at 0.245 percent. His Virginia criminal attorney argued that his client's addiction in and of itself would have made him less likely to intentionally kill Deck:

"Why would Mr. Robertson want to kill his lifeline, his link to the world? He needed his alcohol, his drug. Why would he kill her? . . . All of the physical evidence supports Mr. Robertson's version, that it was an accident."

In court on November 19th, a jury in Fairfax rejected the prosecution's request for a first-degree murder conviction, recommending a maximum term of 10 years in prison on the charge of involuntary manslaughter. At a sentencing hearing early next year, Fairfax Circuit Court Judge Robert J. Smith can either impose or reduce that sentence. After the shooting, almost a dozen guns were found in Robertson's apartment, and he could be brought up on federal gun charges for possessing guns as a felon.