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News

Current news from across Virginia and Northern North Carolina is an important part of our website.  We want you to know that our attorneys keep an eye what is happening across the region and within our legal system.  Please feel free to browse our extensive news library to get an idea of the types of cases we handle.

Multiple Drug Charges Pending for Norfolk Drug Ring Members

For almost a year, undercover DEA agents have been watching the home and business of suspected drug dealer Christopher Barber. Agents first began monitoring garbage at Barber's Smithfield, VA. home and then moved onto making undercover buys from Barber and his associates.

Three Arrested on Drug Charges in Norfolk, VA

Along with Barber, Fabian Lopez and Earnest Johnson were arrested for their role in the alleged drug trafficking ring. According to police, the three were responsible for buying and selling millions of dollars’ worth of drugs. During the raid on the house in Smithfield, ten kilos of cocaine, one kilo of meth and 46 pounds of marijuana were seized. Police also confiscated two firearms.

Barber was said to have been operating not just from his home, but from his business, Game Theatre Innovations. The business was setup as a home theatre installation company and a pay-by-the-hour video game parlor. DEA agents reported to have found nine kilos of cocaine at Barber's business. An additional kilo was said to be found on Johnson's person at the time of his arrest.

Results of Bond and Preliminary Hearings

During their preliminary hearing, Barber waived his right to a bond hearing and will await grand jury action in jail. The case against Lopez has been continued until the 24th of February and Johnson was released on an unsecured bond of $50,000.

The Norfolk criminal law attorneys at Tavss Fletcher hope that the men are given a fair trial and that they receive competent, effective legal representation.

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Virginia Senate May Make Texting and Driving a Primary Offense

While texting and driving is currently illegal in Virginia, the act is categorized as a secondary offense. This means that police cannot pull drivers over based solely on suspicion of texting and driving.

Senate May Making Texting and Driving in Virginia a Primary Offense

While there is still a lot of debate surrounding Virginia's texting and driving laws, the Senate Transportation Committee recently approved a bill that would allow police to pull over any drivers suspected of texting and driving. Now, police can only cite drivers who are pulled over for another offense, such as speeding or reckless driving.

Senator George L. Barker, D-Fairfax, is the sponsor of the bill. He believes that the law would discourage people from texting and driving, which is a growing cause for concern in Virginia and nationwide.

Barker, when reporting to the committee, stated that drivers who text are 23 times more likely to be involved in a fatal accident than driver who refrain from texting and driving. The Senator believes that stricter texting laws have the potential to prevent a serious car accident in Norfolk and state wide.

"People don't want the risk of getting caught," he said. "It does encourage greater compliance."

The Next Step for the Virginia Texting Bill

Now that the bill has been passed in committee, it will go before the Virginia State Senate for a final vote. It is believed that the bill will be voted on within the year.

The Virginia Beach car accident lawyers at Tavss Fletcher have seen the impact that distracted driving has on accident victims. We will be watching this story closely and will bring you updates as they become available.

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Three Children, Father Hit by Drunk Driver in Virginia Beach

A woman has been charged with multiple offenses after she struck a father and three children in the Virginia Beach neighborhood of Princess Anne Plaza. According to police reports the woman, Sandra L. Hofstadler, of Virginia Beach, sped around a stopped school bus, swerved into a yard and hit four people.

Children Seriously Injured by Drunk Driver in Virginia Beach

Two of the three children were seriously hurt during the accident. A day after the accident, a five year old child was listed in critical condition. Another child, age seven, was in stable condition. The father and another child, also seven, suffered less severe, non-life-threatening injuries. A witness at the scene rushed over after the accident occurred and performed CPR on one of the children. Paramedics arrived shortly after and took all the injured parties to area hospitals.

Driver Not New to Drunk Driving

This is not the first time that Hofstadler has been charged with drunk driving in Virginia. Since 2003, the woman has been convicted and charged with many traffic violations, including:

  • Driving while intoxicated
  • Speeding
  • Driving on a revoked license
  • Reckless driving

The driver is facing multiple charges related to the current drunk driving accident:

  • Driving under the influence
  • Reckless passing of a school bus
  • Three counts of maiming as a result of driving while intoxicated

The staff and attorneys at the Virginia Beach personal injury law firm of Tavss Fletcher hope that the children are recovering from their injuries and that they suffer no long term damage from the terrible crash.

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Central Virginia Police Work to Prevent Deadly Car Accidents

Looking back at the newly finished year, police in Charlottesville, Virginia and Albemarle County noticed at least one trend that they would like to reverse; last year 13 people were killed during an accident in Charlottesville and 20 within the county. This high number of deaths caused by car accidents is one of the highest on record and police, both city and county, are working together to dramatically reduce these numbers.

Police Target Certain Driving Behaviors

After looking back at the factors that either caused the deadly accidents or contributed to the seriousness of the injuries sustained during the crash, police found that there were some things that the accidents had in common. In order to prevent such a high number of crashes next year, police will be working together to target the following driving behaviors:

  • Speeding
  • Drunk Driving
  • Lack of seat belt use

Police across Central Virginia will be working harder than ever to prevent accidents caused by drunk drivers and speeders. In addition, they will be focusing on public awareness of the importance of seat belt use.

As Norfolk auto accident lawyers, we know that these factors do, indeed, lead to too many accidents, injuries and deaths. We hope that the efforts of the Central Virginia police department will cause a radical reduction in the number of serious and deadly car accidents in Albemarle County and across Virginia.

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Virginia Hospital Harms Toddler Fighting Cancer

When the family of a child diagnosed with leukemia took her into Water Reed for her three week chemotherapy regimen they knew it would be a struggle—but had no idea how hard it would be.

The then two year old Kendall Heun was held by her mother as she received what the family thought was the first of many small doses of the drug Doxorubicin. Instead, the medical staff administered a dose that was more than the amount she was to receive over the three week period.

Long and Short Term Damage

Kendall immediately reacted to the extremely high dose. According to her mother, Melanie Heun, it was very clear that something was wrong.

“She went a lobster red color,” says Heun. “It almost looked like she was burning from the inside out.”
The affects did not end there. As time passed it was clear that the dose was harming Kendall in more ways than one. The toddler was in extreme pain and was even given morphine to help take some of the pain a way.

“She was screaming at the top of her lungs and she wouldn’t let me touch her,” said Ms. Heun.
In addition, her white blood cell count bottomed out, remaining at zero for many weeks. Long term, the very real threat is that the drug will cause serious and irreversible damage to the little girls’ heart.

Family Hopes for a Full Recovery and Compensation

Only time will tell if the serious dosing error will cause permanent damage. The Heun’s have filed a claim to hopefully pay for future care their daughter will need due to damage done by the chemotherapy drug overdose.

The staff and attorneys at the Virginia Beach medical malpractice law firm of Tavss Fletcher hope that Kendall’s cancer stays in remission and that her long term health is not affected by the terrible medical mistake.

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Police Investigate Hit and Run Crash in Sterling, VA

A hit and run accident in Loudoun County, Virginia involved two vehicles. According to police reports and information given by the Loudoun County Sheriff's Office, the accident occurred just after 5:00 p.m.
Police report that a burgundy minivan struck a Yamaha motorcycle near S. Cottage Road and S. Fox Road. Eyewitness reports indicate that the driver of the van pulled over and stopped before leaving the scene at a high rate of speed.

The accident victim was taken to Reston Hospital Center. At the time of this report there was no information available as to the condition of the man. Police report that the injuries he sustained in the Sterling, VA motorcycle accident were not considered to be life threatening.

Police Continue to Look for Driver of Minivan

New information indicates that the minivan was a Toyota Sienna. The vehicle will have front end damage primarily near the headlight on the driver's side.

Anyone with information regarding the crash is encouraged to contact the Loudoun County Sheriff's Office or the Loudoun Crime Solvers. Information that leads to the arrest and indictment of the driver could be eligible for a cash reward of up to $1000.

The staff and attorneys at the Virginia Beach motorcycle accident law firm of Tavss Fletcher hope that the injured biker is well on his way to making a full recovery from his injuries.

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Long Delay in Test Results Harms Virginia Beach Woman

When a Virginia Beach woman got a call saying that the results of her pap smear were normal, she assumed that there were no abnormalities on her mammogram either; however, the diagnostic report had been sent to the wrong doctor and sat unread at his office for over a year.

 

Bad News Comes a Year Late

 

When Peggy Kidwell went in a year after the aforementioned tests, her doctor asked why she had not had a mammogram done the year before. Surprised, she replied that she had. After some digging, her physician quickly found that the lost report—which noted that Kidwell most likely had breast cancer—had been sent to the wrong doctor.

 

A year after the initial test, doctors found that the cancer had spread onto her chest wall. Kidwell had to undergo substantial cancer treatments to include a lumpectomy, chemotherapy, radiation, and, eventually, a mastectomy.

 

Successful Virginia Medical Malpractice Lawsuit Filed

 

Once it was clear to Kidwell that the delay in treatment had contributed to the seriousness of her cancer, she chose to file a Virginia medical malpractice lawsuit. The lawsuit alleged that the year long wait to diagnose and treat the breast cancer caused it to become more invasive and more difficult to treat.

 

At Tavss Fletcher, our experienced Virginia Beach medical malpractice attorneys have seen firsthand the devastating effects that delayed treatment can have on cancer patients. We hope that Ms. Kidwell is now living a cancer free life and applaud her for taking the steps necessary to highlight the dangers of delayed reporting of diagnostic tests.

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Man Arrested on Virginia Beach Drug Charges

A recent drug related arrest in Winchester, VA centered on information given to police by an unnamed informant. According to Winchester police, the informant saw John C. Greene, a 32-year-old man from Virginia Beach, sell both powder and tar heroin out of his Winchester hotel room. The police affidavit, filed in the Winchester Circuit Court, stated that Greene was staying in the hotel while visiting friends. Reportedly, Greene was in possession of 8 grams of powdered heroin and 6 grams of the tar form and was selling them for between $100 and $250 per gram.

Police Seize Drugs and Drug Paraphernalia, Arrest Suspect

Acting on the material given by the informant, local authorities worked alongside the Fredrick County Sherriff's Office and the Northwest Regional Drug and Gang Task Force. According to police reports, Greene was arrested in his hotel room and police seized the following:

  • Plastic bag containing a white powdery substance 
  • Aluminum foil containing a "tar-like" substance 
  • One syringe 
  • Note pad with four names and phone numbers 
  • Cell phone and charger 
  • Box of aluminum foil 

At the time of this report, police had not yet tested the substances to confirm that they were heroin. If the substances are found to be forms of heroin, drug possession and distribution charges will likely follow. This news article has been brought to you by the staff and attorneys at the criminal defense law firm of Tavss Fletcher.

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Norfolk Police Officer Arrested on Drug Charges in Norfolk

Usually we report about people who have been arrested by police for drug crimes in Norfolk. In this case, however, a police officer was the one doing the drug dealing, not the arresting.

One Officer Charged, Three Others Resign

The police officer in question, Kristin Wayne Harris, has been part of the Norfolk police force for 11 years. The veteran officer was recently caught selling drugs and drug paraphernalia to an undercover officer. The undercover sting, conducted by the Norfolk Police Department, took place between April 28 and June 9. During this time, Harris, on multiple occasions, sold steroids, syringes, and marijuana outside of One Life Fitness, located on Princess Anne Road.

While Harris is the only officer who has been changed with a crime, three other officers have resigned. The Norfolk Police Department would not say why the others are no longer on the force, saying that the resignations were a "personal matter".

Pending Charges Against the Officer

At the time of this report, Harris had been charged with 11 drug-related felonies and two misdemeanors; however, prosecutors had withdrawn all but two of the felony drug charges. If convicted, Harris will face at least six months in jail. The maximum sentence for the two convictions carries a maximum sentence of 20 years.

While nobody is above the law, the Norfolk criminal defense attorneys at Tavss Fletcher hope that, despite his position as a police officer, Mr. Harris is given a fair trial and receives competent legal representation.

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Study Shows Reality of Virginia Medical Malpractice Lawsuits

A study that was recently published in the New England Journal of Medicine showed that of the medical malpractice claims made between 1991 and 2005, only 32 percent resulted in a payment to the patient. This means that the vast majority of the med mal lawsuits filed by patients harmed by their doctor did not help them recover the losses associated with a medical mistake.

The Physicians Most Likely to Be Sued

In order to determine which doctors are being most often sued in the U.S., researchers looked at 25 different specialties. The top ten specialties for medical malpractice claims are:

  1. Neurosurgeons 
  2. Thoracic-cardiovascular surgeons 
  3. General surgeons 
  4. Orthopedic surgeons 
  5. Plastic surgeons 
  6. Gastroenterologists 
  7. Obstetricians and gynecologists 
  8. Urologists 
  9. Pulmonary physicians 
  10. Oncologists 

When Medical Malpractice Claims Are Paid

The average payment for the 32 percent of injured patients who receive a settlement sits right under $275,000. The specialty with the highest average pay out is pediatricians at $520,924. This figure is higher than average due to the long term medical needs of injured children.

The staff and attorneys of Tavss Fletcher Law Firm hope to see this trend change. Those who have been hurt because of a medical mistake in Norfolk or anywhere in Virginia shouldn’t have to pay for the mistakes that a doctor has made; patients should receive the compensation they deserve.

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Study: Failure to Report Diagnostic Tests a Common Medical Mistake

Most doctors order diagnostic tests for their patients on a regular basis. These tests help physicians rule out medical conditions and pinpoint a diagnosis; however, a recent study shows that diagnostic physicians in Virginia and across the country are increasingly being sued for medical malpractice.

 

Explanations for the Uptick in Medical Malpractice Lawsuits

 

One reason for the dramatic increase is that physicians are ordering more diagnostic examinations than ever before. The study notes that during the seven year period of 1996 and 2003, malpractice payments related to an improper or missed diagnosis increased by upwards of 40 percent. Mistakes included in this category include:

 

  • Communication failure

  • Failure of doctors and/or patients to receive test results

  • Delays in the delivery of report findings

  • Lengthy turnaround times

 

Even if doctors are ordering more tests, however, there is no excuse for a patient to be left in the dark as to their condition. Under reporting of test results harm thousands of patients a year by delaying needed treatments and treating for the wrong condition.

 

Protecting Yourself from a Medical Mistake

 

In order to ensure that you receive your test results in a timely manner, you must remain vigilant. If you have not heard from the doctor's office a few days after the tests, call. Your instance can prevent a missed diagnosis and may very well save your life. The staff and attorneys at Tavss Fletcher hope that the medical world will take this issue seriously and improve in the reporting of test results to patients and other doctors.

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Is the Virginia Criminal Defense System in Trouble?

Across Virginia, the criminal justice system is suffering from budget cutbacks. From circuit judges to public defenders, civil servants are losing their jobs or taking on more work than they can handle.

 

Virginia Criminal Justice System Job Losses Affect Many

 

In the past five months, five Norfolk prosecutors have lost their jobs. In addition, support positions have been eliminated, as has funding for training and equipment. When losses like this occur, it's not only the laid off employees who suffer. The layoffs have meant longer wait times in jail for those accused of a crime. Though Virginia has a speedy-trial law that mandates that accused criminals wait not more than five months in jail or nine months on bail, many defendants are maxing out their time in jail, waiting for a trial that has been postponed due to heavy case loads.

 

Public Defenders are Not Spared

 

Though it is true that no public defenders in Virginia have lost their jobs due to the economic down-turn, they are experiencing serious growing pains. Their case loads are large, and there is no sign that they will decrease. This leaves public defenders overworked, underpaid, and at times, unable to properly defend the clients they have been assigned to.

 

"If you don't have enough lawyers to handle the cases, it leaves them open to speedy-trial challenges and ineffective assistance of counsel," stated Ed Burnette, a current vice-president at the National Legal Aid & Defender Association.

 

The Virginia Beach criminal defense attorneys at Tavss Fletcher are very concerned that the lack of good court appointed legal aid will have a disastrous effect on those accused of a crime in Virginia. We hope that the state takes a good hard look at how budget restrictions are impacting accused criminals' right to a fair trial and competent legal representation.

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ICP Juggalos in Virginia- They May Be "Insane" But Are They a Gang?

Do you know who the Insane Clown Posse is? If not, you are not alone. Though the number of hardcore fans of the "clown-culture rap group" ICP, known as Juggalos, is on the rise, many wonder how threatening they can be.

 

Are Juggalos a Threat to Virginia Citizens?

 

While some don't see Juggalos as a threat, the FBI considers the extreme fan club to be a gang. The FBI, in a recent report, stated that some groups of Juggalos have been engaging in organized criminal activity. The FBI categorizes them as a "loosely-organized hybrid gang".

 

"Most crimes committed by the Juggalos are sporadic, disorganized, individualistic, and often involve simple assault, personal drug use and possession, petty theft and vandalism," states the FBI report.

 

In Virginia, officials have not categorized the Juggalos as a gang. However, the Virginia Gang Investigators Association has been holding training sessions that are aimed at letting residents know that the group has been demonstrating "increased violence" in Virginia and across the nation.

 

While the staff and attorneys at the Norfolk criminal defense law firm of Tavss Fletcher do not condone violence or other criminal behaviors, we do hope that Virginia authorities continue to use their best judgment before categorizing any group of people.

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Police Probe Leads to Multiple Drug Arrests in Bedford County

A total of 13 people have been arrested in Bedford County, Virginia. All 13 arrests are part of an in-depth, six-month investigation into an illegal drug manufacturing and distribution operation.

 

Sheriff Mike Brown has stated that the arrests were part of a large investigation that included the local police force, Virginia State Police, and the Bureau of Alcohol, Firearms, Tobacco and Explosives.

 

"The arrests were made throughout the county and included three major prescription pill distributors," said Sheriff Brown.

 

The numerous arrests covered a wide range of drug charges and include:

  • Two suspects from Roanoke charged with distributing cocaine

  • Two suspects from Thaxton charged with distributing a schedule II controlled substance

  • Eight suspects from Bedford, Goode, and Huddleston charged with manufacturing marijuana with intention to distribute

  • One suspect charged with both the manufacture and distribution of marijuana

 

Six Suspects Remain

 

While police arrested 13 suspects, six have not been found or arrested. At the time of this report, Sheriff Brown had not yet released the names of those suspects.

 

The group of arrested individuals range in age from 18 to 55 and have been accused of manufacturing and/or selling: marijuana, cocaine and prescription drugs (schedule II controlled substance).

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Many Convicted of Crimes Involving Crack Cocaine Released in Virginia

The story is the same in Virginia and all over the country: prisoners convicted of crimes related to crack cocaine are being released from prison years before they were scheduled to. One man, Mr. Flood, was convicted many years ago and was to remain in a Kentucky prison until 2013. However, thanks to the Fair Sentencing Act of 2010, Mr. Flood and many others will have their sentences reduced by an average of three years. Mr. Flood has plans to travel back to his family in Virginia as soon as he is released.

 

Why the Early Releases Are Taking Place

 

In the 1980's, the usage of crack cocaine had hit nearly epidemic levels in Virginia and nearly every state in the nation. In reaction to crimes surrounding the drug, a law was passed that made the sentencing for those found with crack cocaine up to 100 times greater than those found with the powder form. Many believe that the discrepancy was unfair and that it targeted minority groups.

 

In order to right this apparent wrong, and to save tens of millions of dollars, the Fair Sentencing Act was passed. As of today, it has been implemented. This means that after careful reviews of prisoners doing time for crack cocaine related offences they may very well be released.

 

While many cheer the new law, some do not. They are concerned that those being released will fall back on old ways, participating in the drug trade and the violence that too often accompanies it.

 

As Virginia Beach criminal law attorneys we hope that the early releases will allow the convicted to successfully reenter society and make up for some of the injustices they endured under the now defunct crack cocaine laws of the 1980's.

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10 Large Scale Drug Rings Broken up in Hampton Roads

FBI agents, state authorities, and local authorities have been joining together to break up large drug rings operating in and around Virginia Beach and Norfolk. Over the past ten years, the area, known as Hampton Roads, has been the site of at least 10 large drug ring busts. Each of the busts was estimated to be worth $20 million or more. During the decade before, officials only remember one or two drug busts of this magnitude.

 

More Drugs or Increased Police Effort?

 

Law enforcement agencies believe that the efforts of federal, state, and local authorities have made the large scale busts possible. In addition, as is often the case, one drug ring is usually connected to another so that when suspects are arrested they lead to more suspects and, in some cases, the ring leader of a large-scale operation.

 

However, authorities often have a hard time getting to the true source of the drugs: suppliers south of the border. According to assistant U.S. Attorney, Laura Everhart, it is getting more challenging to stop drug trafficking at its source.

 

"That has changed over the years," said Everhart, "and still Miami and that area can still be a source for some things, but the cocaine and marijuana are coming through Texas and Arizona and Southern California."

 

No matter where the drugs originate, it seems as if the large scale drug rings and arrests in Hampton Roads are not likely to end anytime soon. The staff and attorneys at Tavss Fletcher, however, hope that increased police efforts will continue to make progress in busting drug rings and stopping drug trafficking in the Hampton Roads.

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North Carolina Man Breaks Cycle of Prison and Drugs

More times than not, society writes off anyone who has been in prison. If that person was involved in crimes related to drugs, many turn away, unwilling to believe that they can make a change. However, as Virginia Beach criminal law attorneys, we know that people can and do change for the better.

 

One Man's Journey to a New Life

 

Van Cuthbertson is one of these people. After leaving for the Navy, Cuthbertson's ailing father passed away. His decision not to visit the hospital before he left for boot camp haunts him, and led him to make some serious mistakes. After being discharged from the Navy due to his rebellious behavior, Cuthbertson took on various construction jobs in and around Norfolk, VA.

 

Returning to his home town of New Bern, NC, the drug trade became his new occupation. As often happens, the young man ended up in jail. Serving his time in a federal prison for six years, Cuthbertson realized that he was ready to make a change for the better.

 

After getting out of jail in 1999, Cuthbertson went back to construction work and fathered his first child.

 

"That's the moment I grew up and realized I couldn't live for myself all the time," he stated.

 

Education Serves as an Escape

 

For Cuthbertson, and many others, going back to school opens doors that seemed forever closed. He believes that his education won't just give him employment opportunities, but makes him a better father, employee and husband.

The staff and attorneys at Tavss Fletcher wish Mr. Cuthbertson the best and hope that he continues to mentor and inspire students at Craven Community College and across North Carolina.

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Family of Medical Malpractice Victim Works to Prevent Hospital Errors

When their daughter died during a routine surgery, parents Bob and Barbara Malizzo were grief stricken. They, however, were able to do something that many others do not: turning their tragedy into a chance to help others.

 

Speaking Out Against Preventable Hospital Errors

 

The Malizzo family recently spoke at a patient advocacy summit. They spoke of their lost daughter, Michelle Ballog, and of the anesthesia monitoring and other mistakes that cost the woman her life. They also spoke about how they work to prevent further tragedies. For them, this means serving on the hospital's patient safety committee; it means working with the hospital instead of fighting against it.

 

The hospital did not shy away from their mistake. Instead, they choose to divulge every detail of the surgery, errors and all. In addition, they offered a settlement that will provide for the victim's two young daughters. Following their mistake, they now strive more than ever to prevent another terrible loss such as this.

 

The staff and attorneys at the Virginia Beach medical malpractice law firm of Tavss Fletcher would like to extend our deepest condolences to the family of Michelle. We are heartened to hear that the Malizzos have worked so hard to honor Michelle and hope that the efforts to reduce hospital errors will make an impact, saving lives and preventing injuries.

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Child Injured When Hit by Car in Virginia Beach

Crossing the street to get to soccer practice is an everyday occurrence for many children; however, a recent accident involving an 8-year-old soccer player nearly ended in tragedy. The Virginia Beach pedestrian accident took place near Red Mill Elementary School, where a young girl was crossing a dead end street when a car hit her. The girl's father shouted for her to stop when he saw her entering the roadway, but she continued to cross. The car, which was not found to be speeding at the time of the accident, struck the child. There was no crosswalk where the accident occurred. Officer Adam Bernstein, a Norfolk police spokesman, stated that no charges would be filed against the driver.


"It just looks like a tragic accident," was Bernstein's remark. "The driver said she never saw her until it was too late."

At the time of this report, the injured girl was listed in stable condition. Her injuries were serious enough to be labeled life-threatening.

In reaction to the accident, police have spoken to Virginia Beach's traffic engineers. They are considering blocking the dead end street, which is often used for parking when the lot at the school is full. Both police and city officials hope to prevent children from crossing the street in the area where the accident occurred.

The Norfolk injury attorneys at Tavss Fletcher hope that the child is on her way to making a full recovery from her injuries.

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Pedestrian Accidents In and Around Virginia Highlight Safety Issues


While police are still trying to determine the specific cause of a serious pedestrian accident near the border of Virginia, one thing is certain: when a car hits a pedestrian, the pedestrian loses.


The latest area pedestrian accident occurred just over the state border in Washington, DC. The pedestrian was seriously injured when a vehicle struck him near the 14th Street Bridge. Police report that the accident occurred at approximately 6:45 a.m. The accident scene remained open for more than three hours, with all southbound lanes of 14th street closed for the duration. Traffic was backed up from the crash site all the way into Virginia.


This was not the only recent car accident involving a pedestrian. A few weeks ago, a child was hit by a car in front of Boyce Elementary School in Boyce, VA. The accident occurred when a child ran into the street and was hit by a car. While police determined no fault on the part of the driver, the accident underscores the importance of obeying the slower school zone speed limit and always driving with heightened awareness when near a school.


The Norfolk pedestrian accident attorneys at Tavss Fletcher hope that the injured pedestrians, adult and child alike, are on their way to making a full recovery from their injuries.

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When a Bus and Van Crash in Virginia, Nobody Wins

A recent accident in Dinwiddie County involved only two vehicles, yet 13 people were injured. The reason for the high number of injuries was due to the fact that the crash, which occurred on Virginia's I-85 near the Squirrel Level Road Exit, involved a bus and a van.

 

According to reports from the Virginia State Police, the driver of a large Ford E-350 van, in order to try to avoid slowing traffic, moved out of the left lane and into the right. When the driver made this move she struck a Greyhound bus, causing multiple injuries.

 

The bus, on its way from Raleigh, N.C. to Richmond, Va., was carrying 35 passengers. Three of these passengers were injured and taken to Southside Regional Medical Center. In the van, at least nine passengers and the driver were injured. At the time of this report there were no updates as to the condition of the injured. Initial reports indicated that all injuries were minor.

 

Accidents involving large vehicles, such as a bus, semi truck or 18-wheeler, too often cause multiple serious injuries. The attorneys at the personal injury law firm of Tavss Fletcher were heartened to hear that no serious injuries or deaths were caused by this accident. We hope that all of the injured parties are on their way to recovering fully from their injuries.

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Virginia: Do You Know if Your Car Seats Are Installed Correctly?

Virginia law states that all children up to age 8 must be "properly restrained" in an appropriate car seat or booster seat. However, the law gives few specifics as to which seats are appropriate for which children and at what age to switch to a different type of seat. All we want to do is ensure that, in case of an accident while driving in Virginia Beach or anywhere in Virginia, our children are as safe and protected as possible.

Rear-Facing Child Seat Advice Has Changed

Parents used to turn their child's car seat to the front from the day they turned age one. However, the American Academy of Pediatrics recently recommended that all children remain in a rear-facing seat until they are at least two. While many were upset to hear this, child seat safety advocates insist that rear-facing is the safest option for very young children.

Medical and safety experts both point to the fact that, in the event of an accident, a rear-facing seat cradles the head and neck, protecting the young child's head, neck, and spine. Infants and toddlers have a disproportionately heavy head and a less developed neck and spine. This combination can be deadly when the head snaps forward during a crash. A study published in 2007 backed these claims, stating that children younger than 2 were 75% more likely to die or be seriously injured when facing forward.

The staff and attorneys at Tavss Fletcher hope that researchers continue to find the best ways to keep children safe in the car. Any steps we take, as parents, to keep our kids safe, is well worth the effort.

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Tazewell County Drug Arrest Example of Major Police Effort

The search of a Princeton, Virginia residence uncovered drug paraphernalia and the chemicals needed to make methamphetamine. Though the setup was small, it represents a large problem in Virginia. No longer do meth manufacturers need large amounts of chemicals and big spaces to make the drug. Brian Hiett, chief of operations at the Tazewell County Sheriff's Office recently spoke about this case and others like it.

"Now there's ways of making meth using much smaller things," he said. "It's getting to where you don't need a big laboratory."

The smaller labs sometimes mean that manufacturers are able to operate undetected. However, Hiett and his team, along with Virginia State Police, have been working harder than ever to stop meth production in Tazewell County. This recent arrest is part of a larger police operation. In the past few months alone, police have made meth-related arrests in Amonate, Bandy, and Bishop.

The most recent arrest of Jeffery Scott Hass of Baptist Valley, Virginia, led to charges of possession of a Schedule II controlled substance and possession of two or more chemicals with the intent to manufacture methamphetamine.

At the scene of the arrest, Virginia State Police were tasked with cleaning up the lab. Meth labs are often dangerous, as the chemicals used to "cook" meth are highly toxic when mixed.

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Brake Safety Week Addresses Virginia Brake-Related Truck Accidents

When the brakes of a semi-truck don't work properly, the truck becomes nothing more than a wrecking ball on wheels. 18-wheeler accidents in Norfolk, Virginia are a regular occurrence and too often cause injuries and even death. In order to highlight the issue of commercial vehicle brakes and their tendency to cause accidents, the Commercial Vehicle Safety Alliance (CVSA) started a nationwide safety campaign.

Brake Safety Week took place this month, and many states across the nation, including Virginia and North Carolina, participated in the safety campaign. Brake Week targets large commercial trucks, also known as semis and 18-wheelers. Increased safety checks and traffic stops were part of the initiative, as were efforts to educate truckers, mechanics, and technicians on the proper way to adjust a truck's brakes.

Operation Air Brake is the CVSA safety initiative that allows truckers to learn more about proper brake adjustment. A mobile unit and instructors teach mechanics and truck drivers the right way to adjust their brakes and check that they are working properly.

Any improvements in truck safety reduce the risk of a serious Virginia commercial truck accident. The staff and attorneys at Tavss Fletcher applaud the CVSA on their efforts to make trucks safer and reduce accident rates.

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Professional Wrestler Charged With DWI After NC Motorcycle Accident

Former WWE professional wrestler Gregory Shane Helms has been charged with a DWI for his role in a serious North Carolina motorcycle accident. The accident occurred on May 5th, 2011, but Helms was not formally charged or photographed until recently.

 

The accident took place in the late evening hours as Helms and his girlfriend were riding home from dinner. Helms, driving at the time of crash, ran a stop sign, lost control of his bike and slammed into a chain link fence.

 

Both Helms and his girlfriend suffered serious injuries. The passenger suffered from a neck injury and Helms shattered his foot, broke both his jaw and nose and received lacerations that required over 200 stitches. Writing for his blog, Helms discussed the extent of his injuries.

 

"My left foot, which I nearly lost (along with my life) in a motorcycle accident on May 5th of this year, and all 4 plates and 23 screws that now reside within it, is alive and on FIRE at the moment," wrote Helms.

 

At least one witness said that Helms had been drinking shortly before leaving the restaurant on his motorcycle. Helms has been charged with DWI in connection with the accident. According to reports, he had not been charged earlier because he was under doctors orders to not put any weight on his injured leg or to leave the house.

 

At the time of this report a court date had not been set.

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Roadside Memorials Pay Tribute to Virginia Accident Victims

While the materials that make up roadside memorials in Virginia vary, the message is the same:

 An accident took the life of our father, son, brother, sister, mother, or daughter. They are also a very personal way for those left behind to remember their loved ones; to never forget.

When 17-year-old Donald Keith Raiford, a senior at Southampton High, lost his life in a car accident on Governor Darden Road, his mother knew she wanted to erect a memorial for her son. The memorial at this site features red, white and blue flowers, and his mother feels that the memorial is a fitting way to remember her son and the tragic way he died.

"He took his last breath there," she said. "He didn't die at the cemetery."

From Ocean View to Shore Drive, the tributes are scattered along the road, a visible sign of those who have died, and a place for others to maybe say a prayer as they pass. While they are points of healing, and pain, for family members and friends, they also serve as a reminder to all who notice them as they pass: Slow down. Drive Safely. Drive sober. Arrive alive. Remember those who have gone before you.

The staff and attorneys at the accident law firm of  Tavss Fletcher would like to extend our condolences to all of those who have lost a loved on the Hampton Roads and across Virginia. We hope that through education, through remembrance, further accidents will be avoided; lives saved.

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Va. Beach Hit and Run Accident Victims Family Speak Out at Sentencing

Given that the man responsible for seriously injuring an 11-year-old girl was facing up to ten years in prison, he got a light sentence. Mark Richard Tietjen hit the girl on Lynnhaven Parkway and, in a panic, drove away from the scene of the Virginia Beach accident.

Suffering from broken bones and a traumatic brain injury, the child was taken to the hospital, doctors preparing her family for the worst. However, 11-year-old Kamryn, defied the odds and not only survived her serious injuries but is now working on regaining her speech and ability to walk.

At the recent sentencing, Kamryn's family spoke out, describing the long road that the young girl has traveled and how her life has changed. During the same hearing, Tietjen admitted that his judgment the day of the accident was "terrible".

Circuit Judge Patricia L. West sentenced Tietjen to three years in prison. Virginia sentencing guidelines suggest no more than two years for the crime. Some believe that Tietjen's prior traffic convictions factored into the slightly longer sentence. Over the past 15 years, Tietjen has been convicted of multiple traffic offences to include driving under the influence, reckless driving and driving without a license.

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Another Bicyclist Hit on Shore Drive- Will the City Make it Safer?

In the past four months three Virginia Beach bicyclists have been hit by cars on Shore Drive. The most recent accident occurred near 83rd Street. While this rider only suffered a bad case of road rash, the other riders were not as fortunate.

The two previous accidents were hit and runs, the driver leaving the scene of the accident, offering no assistance. Residents of Virginia Beach and cycling enthusiasts are asking that the city do something, anything, to improve the safety of the road.

Virginia Beach to Make Shore Drive Safer

Mayor William Sessoms understands the problem and is working to remedy the dangerous situation. Plans are in the works to add a bike lane between Fort Story and First Landing State Park along Shore Drive.

"Obviously Shore Drive has been a problem that we've had several accidents there that have resulted even in death, as such it certainly is a priority for us to get a bike lane there as soon as we possibly can," said Mayor Sessoms.

Right now the project is still in its planning stages. While the Mayor is hopeful that the funds have been secured and that the construction should begin by the end of the year, there are no guarantees as to the starting date.

The injury and accident attorneys at Tavss Fletcher hope that the project begins soon and that the bike lane will end the rash of bicycle accidents along Shore Drive.        

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Safety Experts- Accidents with Light Rail in Norfolk Will Happen

While the new light rail system in Norfolk should help commuters, shoppers and tourists get around town, it may also cause serious accidents. Blaming the light rail system itself is tempting, but officials and safety experts point to driver error as the primary cause of most accidents with a rail car.

Rail drivers are currently in training, and have already witnessed driver behaviors that cause light-rail/car accidents. Drivers, bicyclists and pedestrians make serious mistakes to include: running red lights, walking or running in front of a moving train, hitting the side of a train, stopping on the tracks and driving the wrong way on a street. These errors are dangerous in normal traffic. When you add in the light rail they can be downright deadly. However, officials in Virginia are doing their best to avoid any serious accidents.

They are taking a cue from Houston, where accidents with the light-rail were cut in half after additional safety measures were put in place "The emphasis has to be placed on public outreach," said Martin Schroeder, chief engineer for the American Public Transportation Association. "Once a city gets familiar with it [the light-rail system], things get a lot better."

The staff and attorneys at Tavss Fletcher hope that the new system is integrated with as few growing pains as possible, that people are aware of the changes and do their best to avoid accidents.     

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Back and Forth Continues over NC Medical Liability Reform Law

Upon first glance, any legislation that would save North Carolina money and bring better doctors into the state sounds like a good idea. However, many believe that doing so in the form of a medical malpractice cap is a very bad idea. Many doctors, patient advocates, med mal attorneys and injury victims believe that the cap puts an unfair limit on the money injured parties can receive.

Rep. Alice Bordsen, D-Alamance, voted against the bill. Like others, Bordsen believes that the cap is unfair to victims of a medical mistake. She thinks that the cap will not do enough to allay the pain and suffering of victims and families whose lives are forever changed through a death, catastrophic brain injury or permanent loss of physical or mental ability. Attorneys feel the same way, and worry that the cap will discourage injury victims from filing a lawsuit as the cost of mediation and/or a trial often exceeds the proposed $225,000 cap. As experienced medical mistake attorneys we know that a cap such as this too often leaves injury victims without the money they need to move on with their lives, recover from their injuries and illnesses. We hope that NC can do the right thing- Let jurors, not politicians, decide on the proper amount of compensation for victims of medical malpractice.  

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Virginia Nurse Saves Motorcycle Accident Victim in North Carolina

When Virginia nurse, Jessica Elliott, left work and headed to North Carolina to pick up her son, she had no idea she would become a hero. Elliot was driving down Highway 55 when she witnessed an accident between a truck and motorcycle. The pickup truck took a left-hand turn directly in front of Cary, NC senior motorcycle Officer Chad Penland. The motorcycle crashed into the side of the vehicle, which caused the officer to leave his bike and flip over the truck.

Elliott saw the entire accident and as soon as the vehicles stopped she pulled over and rushed to the officers' aid.

"He was bleeding though his outfit and his face where you could see, his face was pretty badly damaged," said Elliott. "I was really fearful he was going to die."

As Elliot worked to save Officer Penland, she noticed that gas had begun leaking from the damaged motorcycle. Bystanders helped move the bike while Elliott continued to give medical assistance and reassurance to Officer Penland.

"He kept asking if he was going to die because he couldn't breathe and I said ‘no,'" said Elliott.

The staff and attorneys at Tavss Fletcher send our best wishes to Officer Penland. We hope that he is on his way to making a full recovery. In addition, we would like to thank Nurse Jessica Elliott for her quick thinking and expert medical attention.    

 

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Was an 18-wheeler Accident on I-64 in Virginia Caused by an Unsafe Truck?

Virginia State Police were recently called to the scene of an accident on I-64. The accident did not cause any injuries, but it did highlight the dangers of unsafe trucks and trucking equipment.

The semi truck accident occurred on an onramp to I-64. An 18-wheeler was navigating the ramp, located in Henrico County, when the trailer he was hauling collapsed in the middle. The truck was carrying 70,000 pounds of recycled paper to Richmond when it gave way.

The ramp was closed for several hours as crews worked to unload the paper and tow the truck away.  

The driver, a trucker from Lynchburg, was not injured in the accident and no other cars were involved. However, this is not always the case when trucks suffer from mechanical errors or failure on the highways of Virginia. Too often, large trucks, to include both semi-trucks and local commercial vehicles, are unsafe to drive; yet they remain on our highways and interstates.  From improperly secured loads to trucks with failing brakes, unsafe trucks are a real threat to motorists across the country.

If you have been injured during an accident with a semi-truck in Norfolk or Virginia Beach, please do not hesitate to contact an experienced, aggressive truck accident attorney at Tavss Fletcher for your free consultation.                       

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Police Arrest More Than 40 People on Various Charges in Newport, Va

The 4th of July weekend was a wild one for revelers in Newport, Va. Newport Police arrested more than 40 people over the weekend, many of the arrests occurring in the early morning hours of the 4th. Examples of the arrests made include:

  • Felony Drug Possession- Police responded to an unruly house party on Park Holm. When officers arrived they smelled marijuana and eventually found two bags of pot, plastic bags and a scale. The owner of the house was arrested on charges of felony drug distribution, possession of marijuana and an active warrant.
  • Alcohol Arrests- At least 12 people were arrested and charged with crimes such as possession of alcohol and possession of alcohol by a minor.
  • Assault Arrest- A father from Newport was arrested for allegedly assaulting his son. When police arrived the young man had a cut on his eye. His sister confirmed that their father had hit him.
  • Disorderly Conduct- Arrests were made concerning both domestic and public disorderly conduct. In one case, police responded to a fight at Waites Warf. When they arrived the fight was in progress. One man, of Newport, Va., refused to follow police direction and was arrested.
  • Noise Violation- Several noise violations were issued over the holiday weekend. Most of the calls involved party goers in the early morning hours of the 4th.

 

If you have been arrested, you do have rights. Contact an experienced criminal law attorney at Tavss Fletcher for your free consultation.  Stand up for your rights.  Call today. 757.625.1214

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Lifesaving App Could Reduce Pileup Accidents in Va., Worldwide

While we tend to think of apps as fun toys for our phones, better at distracting drivers than saving their lives, a new app, linked directly to our cars, has the potential to reduce freeway pileup accidents.  The new technology, being developed by researchers at the University of Bologna in Italy, relies on sensors that detect anomalies that only occur during an accident.

The instant the sensor detects an accident occurring, it sends signals to other cars with the app.  This signal goes to all the other cars that have the app, and the car with the strongest signal passes it on.  These transmissions happen in spilt seconds and, if all goes well, drivers are alerted and a major freeway pileup is avoided.

Road tests are being done on American freeways this summer.  Italian researchers, along with engineers from Toyota, will be testing very similar technology.  If everything goes well, developers hope to install the app in both new and old vehicles. 

If the road tests go well, and the app works as it should, it may be only a matter of time until your car is talking to other vehicles, maybe even helping avoid a serious accident on I-64 in Norfolk and across the nation.

The accident and injury attorneys at Tavss Fletcher hope that this technology, and others like it, can help reduce the number of serious freeway accidents that occur all too often in Virginia. 

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Motorcycle Accident Near Fredericksburg, VA Could Have Been Worse

A serious motorcycle accident could have turned fatal; if it weren't for the determination of the victim and his brother. Justin Hipple left his job in Fredericksburg and headed for his home on Bristow Road when his motorcycle left the road, crashing into a stand of trees at the intersection of Dumfries ad Bristow.  Hipple believes he fell asleep while driving, causing him to run off the road.

According to a friend of the family, Hipple woke up to find himself badly injured and lying 50 yards from the road.  He was unable to move but was eventually able to get a stick and bring his cell phone, which was broken in two pieces, close enough to grab. 

Hipple was then able to repair the phone and call his brother, Tony Hippple.  He wanted to let his brother know that he was sorry for wrecking the bike.  However, Tony was more concerned about his brother's wellbeing than the state of his motorcycle. 

Tony had already called police and, with the help of their sister, drove the route Justin took home from work.  However, the police would not help until Justin was missing for 24 hours and until the call came in from Justin they were unable to find the crash site. 

Tony found Justin shortly before the police arrived and he was taken to the hospital with serious injuries to include a collapsed lung and broken ribs.

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Bath Salts Get You High? Virginia Lawmakers Ban Dangerous Substances

While Maryland health officials investigate the dangers associated with the use of bath salts as yet another legal way to get high, recreational drug users continue to snort, ingest, inject and smoke the dangerous substance. 

The active drugs, methylenedioxypyorvalerone, or MDPV, and 4-methylmethcathinone, are currently legal in the state of Maryland, although difficult to find.  Already banned in Virginia, the Maryland health department seeks to ban them as well.

Users experience a hallucinogenic effect that has resulted in paranoia and confusion, lasting from days to weeks.  This year, 22 Maryland poisoning cases have been reported to the poison control center with one resulting death.

According to Maryland Alcohol and Drug Abuse Administration director, Dr. Tom Cargiulo, "This is something that's been a big problem throughout the country."

 

While Virginia has banned the sale and distribution of bath salts containing the lethal ingredients, users will continue to find ways to obtain them. 

 

Meanwhile, the dangerous substance remains available through the Internet and sometimes, small businesses.  Though the sellers remain above the law in many states, their time may be running out.

 

If you have been accused of a drug crime relating to the sale or purchase of bath salts or Spice and you believe that you have been falsely or unfairly accused, contact an experienced attorney at Tavss Fletcher today.

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Norfolk Police Officer Under Arrest on Drug Charges

The Virginia Beach Police have arrested a Norfolk police officer on multiple felony drug charges.  The officer, Kristin Harris, is a veteran officer who has been serving on the Norfolk police force since January 2000.

Harris has been arrested and accused of a dozen felonies for his role in distributing anabolic steroids.  Among the charges Harris faces are: manufacturing or selling steroids or illegal stimulants and selling or distributing marijuana.  The arrest is part of an ongoing investigation that targets drug dealers: both civilian and those on the police force.

Evidence points to police attempting to keep the arrest under wraps.  However, news of his arrest leaked out, as well as a bail worksheet that appears to attempt to hide the fact that Harris was a police officer.  For example, on the worksheet, under "place of employment" a magistrate wrote: "see detective". 

It has also been discovered that Harris has filed for bankruptcy twice, once before he was an officer and once while serving on the force.     

Harris has since resigned from the Norfolk Police Department and is currently free on bail, pending his upcoming arraignment.  The Virginia Beach General District Court reports that Harris has hired a criminal defense attorney.

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Vehicle Registration Stop Leads to Arrest in Medfield, Va.

When police pulled over 26-year-old Nathan Glenn Boddie of Norfolk for a revoked vehicle registration they didn't know that the stop would necessitate a drug dog and arrest.  However, once the Medfield police officer pulled Boddie over, he found that he was uninsured as well.  Then, reports Medfield Chief of Police Robert Meaney Jr., routine questions uncovered the presence of illegal prescription drugs.

"Since the vehicle is going to be towed, the officers usually ask the driver if anything dangerous or illegal will be found during the inventory search of the vehicle," stated Meaney.

Boddie was straightforward with police, telling them that a search of the vehicle would uncover drugs.  At this point a drug sniffing dog was brought in from the Ashland Police Department. 

Discovered in the car were some pills and an unidentified substance.  Boddie has been charged with possession of a Class B substance and drug distribution of a Class B substance.  The pills were said to be Oxycodone and Percocet.  Oxycodone and Percocet are considered schedule III drugs.

Boddie's bail was set at a total of $790.  The bail money was paid and Boddie was released the same day.  There was no word if the accused had retained the services of a criminal law attorney.

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Fundraiser Held for Walpole, VA Car Accident Victim

Friends and supporters of Alexandra "Ally" Smith, a victim of a Walpole car crash, held a fundraising event February 12, 2011.  Dubbed "Rally for Ally", the proceeds will be used to help the Smith family cope with continuing and mounting medical costs associated with her severe head injuries.

The 22-year-old Walpole woman suffered brain trauma and a lengthy coma in the December 28, 2010 accident involving two other vehicles.  While the occupants of the other cars were treated and released, Ms. Smith faces huge medical obstacles in her road to recovery. 

Because of severe weather restrictions, the medical helicopter was unable to fly to the scene of the accident and Smith was taken by ambulance to Beth Israel Deaconess Medical Center, where she remained in serious condition for many weeks.

According to Smith's boyfriend, Robert Norberg Jr., the community has offered a "huge outpour of support".  However, the medical costs continue to rise.

If you or a loved one have been injured in a Virginia or North Carolina automobile accident, the law offices of Tavss Fletcher are sorry for Ally's injuries and hope that she continues to make a full recovery.

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Langley, VA Woman Injured in Tractor Trailer Accident

A serious accident was recently reported on Interstate 64 near Newport News, VA.  The Virginia accident involved a semi truck and a small car, which was t-boned during the crash.  The driver of the car slammed on her brakes to slow with traffic.  This caused her car to turn perpendicular to the flow of traffic.  Moments later, a semi truck hit her, causing serious injuries.

The driver, 22-year-old Jessica Aguero, was taken by helicopter to Norfolk Sentara General Hospital with critical injuries.  Virginia State Police report that the driver of the large truck has been charged with following too closely. The driver of the car has not been charged with any traffic violations.

This is not the only recent accident involving a large truck on Virginia's I 64.  Earlier this year a truck driver fell asleep at the wheel, crashing and spilling his load of blood plasma. 

Both accidents illustrate how truckers' inattention and careless behaviors cause large truck accidents in Virginia.  As VA personal injury lawyers we see too many people injured, even killed, by the careless mistakes of a truck driver.

The staff and attorneys at Tavss Fletcher hope that Ms. Aguero is well on her way to making a full recovery. 

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Accident on I-264 in Norfolk Involves Three Vehicles, Police Officer

An accident on Interstate 264 in Norfolk has been attributed to excessive speed.  A Norfolk police officer was among the injured and all lanes of westbound I-264 were closed for several hours.

According to the Virginia State Police a silver Lexus hit the back of a black SUV, forcing it into a Norfolk police cruiser.  All of the vehicles were moving during the time of the accident.  The Lexus, seemingly responsible for the accident, pushed the SUV across all three lanes of traffic before they came to a rest on the dividing wall, over 1,000 feet from the initial impact. 

While the police officer was not treated for injuries one passenger from each of the other vehicles were taken to local hospitals.  At the time of this report there was no word has to how severe their injuries were. 

A witness to the accident told reporters that when she drove by she noticed that the Lexus was on fire.  Both vehicles sustained major damage during the accident and are more than likely beyond repair. 

The personal injury attorneys at Tavss Fletcher hope that all injured parties are on their way to making a full recovery.

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Virginia Doctor Faces Medical Malpractice Lawsuit

According to court documents, Miriam Cenedese has filed a medical malpractice lawsuit against the doctor who performed her hysterectomy.  The complaint alleges that Virginia surgeon, Dr. David Ostman, made a serious surgical error when operating on Ms. Cenedese.

The complaint states that during what should have been a basic hysterectomy, Dr. Ostman used his hands instead of a surgical cutting knife, to make tears in her large intestine and bladder.  The lawsuit states that the doctor made these egregious error when attempting to perform a temporary ileostomy, a surgical procedure that allows waste to be voided into a pouch. 

Investigations into the doctors' medical mistake have revealed that this is not the first documented legal action taken against Dr. Ostman.  In 2004 the Virginia Board of Medicine reprimanded Dr. Ostman for prescribing and selling a non-FDA approved lotion that was said to boost the sex drive of women.  He was also found to giving his patients thousands of doses of Vicodin, Xanex, Valium and diet pills without a pharmacists' license. 

Despite these earlier charges, Dr. Ostman was given his medical license back and it was restored to unrestricted status. 

The medical malpractice attorneys at Tavss Fletcher hope that Ms. Cenedese is recovering from her surgery and that the lawsuit will be successful in compensating her for her pain, suffering and medical bills.  

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Guilty Plea from Virginia Beach Hit and Run Suspect

On February 9th Mark Tietjen allegedly hit an 11-year-old girl as she crossed Lynnhaven Parkway at the intersection of Crimson Holly Lane in Virginia Beach.  According to police, Tietjen hit the child with his minivan and then sped away, fleeing the scene of the crime. 

Recently released court documents show that after the accident Tietjen drove some distance and then stopped in a grassy median.  However, after about a minute, he drove off again; never getting out of his vehicle to see check on the condition of the child. 

Tietjen, of Virginia Beach, is being charged with a felony hit and run and in a recent hearing he pleaded guilty to the charges.  Though at the time of the accident Tietjen was not impaired and did hold a valid driver's license, court records show that the accused has been charged with other crimes to include speeding, impaired driving and driving with a suspended license.  At the time of the accident, Tietjen was working at a local auto body shop.

According to his criminal defense attorney, Tietjen panicked after the accident and deeply regrets leaving the scene.  Despite his regret, Tietjen is facing up to ten years in prison.  Sentencing has been set for August 17th and until that time he will remain in jail. 

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International Drug Bust Leads to Drug Charges in Norfolk, VA

Two men have been arrested and charged with importing more than 10 pounds of cocaine from Costa Rica to Norfolk, VA.  The Norfolk branch of the Drug Enforcement Administration (DEA) has been increasing pressure on international drug dealers, working to shut down the drug corridors that have been piping in drugs from countries such as Canada, Costa Rica and Mexico.    

The latest dug arrests stem from a recent undercover investigation.  Glen Stephen Dellibovi and Gerard Enriquez were arrested after arranging for and receiving a 5-kg shipment of cocaine.  The suspects fell victim to an undercover sting operation that centered on the work of an undercover DEA agent. 

The agent posed as an employee at the Norfolk International Airport.  Meeting with the men at a Hampton Hooters restaurant, the suspects were caught on video and audio tape, making the final arrangements for the drug delivery.  The agent traveled to Costa Rica with Dellibovi where he was given 5 kilos of cocaine.  The agent then delivered the package back to Dellibovi while Enriquez brought $30,000 to the agent as payment for his services.

The suspects are currently in jail, awaiting their U.S. District Court bond hearing.

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What is the most dangerous season for bikers in Virginia?

Spring.  Why?  During the winter most bikers put away their motorcycles, dreaming of spring and their chance to get out and ride.  With spring upon us in Virginia, many motorcyclists are doing just that- Taking their first ride of the season.  The danger of the sudden influx of bikers on our highways and byways is that drivers are not used to looking for bikers as they drive. 

Drivers are always encouraged to look twice before making a move in traffic.  This is especially important when sharing the road with motorcycles.  Because of the increase in motorcycle accidents in the spring, the American Motorcyclist Association has declared May Motorcycle Awareness Month.   

This and every May, AMA President and CEO, Rob Dingman, is spearheading the effort to keep bikers safe. 

"Motorcyclists take to the highway in large numbers every spring, and it's the responsibility of all road users to welcome us safely and attentively.  This is why many states and local government s officially promote motorcycle awareness during May," says Dingman.

As motorcycle accident attorneys we know that left hand turns at intersections are among the most dangerous.  Too often drivers look once, quickly, and don't scan for smaller vehicles such as motorcycles.  Dingman agrees.

"If all drivers would make a conscious effort to look twice before turning left across the oncoming lane of traffic at an intersection, lives would be saved," he states.

If, despite the month of safety events, you are injured in a motorcycle accident, please do not hesitate to contact your experienced, aggressive personal injury lawyer at Tavss Fletcher for your free consultation.   

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Prince William County’s Roller Coaster Road Offers a Dangerous Thrill

Accidents happen.  However, when accidents continue to happen, on the same stretch of roadway, something must be done.  Logmill Road, in the Bull Run Mountain area of Virginia has been the site of seven deaths since 2000.  Every one of the deaths was caused by a serious accident involving young people. 

Jonathan Perok, spokesperson for Prince William County Police, stresses that the road itself is not the problem.  The problem is speeding.

"There are issues with speeding on the road," said Perok. "The road itself is not dangerous.  Drivers often ignore posted signs which line that road.  That's what leads to the crashes. "

The long list of those who have lost their lives or have been seriously injured during an accident on the so called "Roller Coaster Road" contains one common theme:  speed and alcohol.  Though some accidents have multiple causes speed is the constant in the equation.

Though police have posted and enforced the 40 mph speed limit, people continue to speed, and continue to crash.

The staff and attorneys at the personal injury law firm of Tavss Fletcher hope that more parents, and young people, work to prevent accidents, on Logmill Road and across Virginia, by maintaining the posted speed limit. 

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Do You Know How to Help Your Teen Avoid an Accident in Virginia?

Teens make three driving mistakes that cause the majority of teen car accidents in Virginia and nationwide.  Though we often associate teen driving with speeding, three other factors account for the majority of car accidents involving teenagers.  The mistakes, failing to scan the road, misjudging driving conditions and becoming distracted, must be addressed by both parents and driver education instructors.

Parents must be proactive in teaching their teens the best way to avoid an accident.  One key skill is scanning the road and the side of the road for possible hazards.  Too often, new drivers focus on the road directly ahead of them instead of looking for dangers around them.  To help your child learn these scanning skills ask them to identify the color of the truck three cars ahead of theirs or the color of the jacket of a child on the sidewalk.  Doing so, without being a distraction, will help your teen driver improve their peripheral scanning skills and, hopefully, avoid an accident.

In addition, allow your teen to navigate wet and snowy roads in empty streets or parking lots to ensure that they know how to drive in these dangerous conditions.  Also, practice what you preach and avoid distractions while driving, stressing how important focusing on the road is.  

Another, more surprising factor, is the possible connection between early school start times and teen accidents.  A study done in Virginia showed that an early start time, 7:20 versus 8:30, accounted for a 41% higher weekday crash rate.  More work is being done to determine what factors account for the dramatic increase in weekday crashes among teen drivers.              

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ODU Students Selling More Than Used Textbooks- Drug Charges Pending

Police allege that a pair of Old Dominion University students took their study of economics from the classroom to the streets.  Daniel Reich and David M. Drewry have been arrested on multiple drug charges. 

The charges stem from a police investigation that began when drug dogs hit on some packages that had been mailed from California to a home off west 41st Street in Norfolk.  Police reports indicate that the packages contained six pounds of marijuana.

When the packages of pot were discovered, police set up a sting.  An undercover officer delivered the package.  When Reich accepted it he was arrested and charged with possession with intent to sell or distribute marijuana, transporting a controlled substance into Virginia and possession of controlled substances.   Drewry has been charged with possession of marijuana, two counts of possession of a controlled substance and possession of a firearm while in possession of drugs. 

According to the police affidavit, Reich admitted to police that he has been receiving "two or three pounds of marijuana weekly".

At the time of this report attorneys had not yet issued a statement on behalf of their clients.  The criminal law attorneys at Tavss Fletcher will be watching this story closely and will bring you updates as they become available.              

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Spines Fracture- Doctors Misdiagnose- You Suffer

Car accidents can be devastating.  But what if you walk away from the accident with no apparent injuries?  Your doctor gives you a clean bill of health.  However, if your physician missed a spinal fracture she has left you at an increased risk of future fractures, a stooped back, chronic pain and even disability.    

A new report by the International Osteoporosis Foundation shows that as many as two-thirds of spinal osteoporotic fractures are go undiagnosed by doctors.  Professor John Kanis, President of the IOF, has seen firsthand the devastating, long-term effects of under diagnosis. 

"The widespread under-diagnosis and lack of treatment of spinal fractures, leaves millions of people around the world with chronic pain, deformity, disability and at a high risk of future fractures.

In women the effects are particularly serious.  In untreated women as many as one in five will sustain another fracture within twelve months.  Though we should be able to trust that our doctor will properly diagnose such a potentially serious injury, the report proves otherwise.  Therefore it is important that you are able to recognize the signs of spinal fracture.  Signs include stooped back, loss of height and sudden severe back pain.  However, fractures can be diagnosed only through an x-ray.

If you believe your Virginia car accident has injured your back, especially if you are a woman over 50, insist that your spine is checked for possible fractures.  Doing so may very well protect the health of your spine and your quality of life!               

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Virginia Beach Truck Driver Caused Accident- Fell Asleep at Wheel

Timothy Paul McKelvey, a Va. Beach truck driver, caused a serious accident when he fell asleep at the wheel of his 18-wheeler.  McKelvey was transporting blood plasma when he fell asleep, drifted onto the side of the road and overturned on I-64 near Portsmouth, Va. 

According to Virginia State Police the large truck caught fire after it overturned, spilling fuel, stopping traffic and wrecking the truck.  Due to the possibility of spilt fuel and the type of load being carried, the hazmat team was called to the scene of the accident to handle cleanup.

The fire was put out and a crane was used to right the truck.   Interstate 64, which had been closed since roughly 2 a.m., was reopened shortly before 11:00 a.m.  The driver was wearing his seatbelt and was fortunate to receive only minor injuries.  He has been charged with reckless driving. 

Drowsy driving is dangerous for both everyday commuters and commercial drivers.  Though this accident involved only the driver of the truck, too many times drowsy and inattentive drivers cause serious accidents, even those involving loss of life.  As personal injury attorneys we urge you to never drive when overly tired and if you are on the road and find yourself falling asleep please pull over and rest.  Doing so may just save a life.        

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Man’s Alcohol Use May Have Led to Girlfriend’s Death in Gloucester Hit and Run

March 30, 2011 - Gloucester, Va. - A man who has been accused of hitting his girlfriend in a fatal Gloucester hit and run told police that he was drinking that day, according to a DailyPress.com report.

He also said he had lit a cigarette at the time of the accident earlier this month, which caused him to be distracted.

The man, 34-year-old Frank James West Jr., faces charges of felony hit and run, driving on a revoked license and reckless driving. The victim, Megan Hogge, also 34, was discovered in a ditch on March 2 on Cooks Landing Road.

Based on a search warrant, West said he went home after the collision and mentioned it to his father. When his father traveled to the accident scene, West fled. The elder West found Hogge lying in the ditch and unresponsive. He then had a neighbor call 911.

Deputies arrived to find the woman still unresponsive with significant injuries. They determined that she was hit by the F-150 truck West was driving at the time, which was found damaged a few miles away.

West later turned himself in and told police that he hit something as he lit a cigarette. He also said he was drinking earlier. It is unclear why Hogge, who has children with West, was walking in that area.

She was transported to a hospital and died later that day.

According to the National Highway Traffic Safety Administration, in 2009 there were 757 fatalities as a result of vehicle accidents in Virginia.

As a service to the residents of Norfolk and the surrounding areas, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Northern Virginia that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to: 

  • single-car accidents;
  • hit-and-run accidents;
  • accidents caused by hazardous road conditions; and
  • accidents caused by aggressive driving or distracted drivers. 


If you have been named in this blog or you are the victim's family member or friend and would like the blog posting removed from our website, please feel free to contact us and we will promptly accommodate your request.

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Virginia Beach Woman Dies after SUV Runs Off the Chesapeake Bay Bridge

March 28, 2011 - Virginia Beach, Va. - The driver of an SUV apparently lost control of the vehicle at the Chesapeake Bay Bridge-Tunnel and drove into the water on the morning of March 15, according to a Richmond Times-Dispatch report.

Jean Calcagno's body was recovered from the wreckage later that day. The 51-year-old had resided in Virginia Beach. Authorities had been searching for the SUV after they heard reports that 2 people were in the vehicle.

The accident occurred near the 8-mile post of the bridge and a helicopter, dive team and boats participated in search and rescue efforts.

Local police have determined that Calcagno was the only occupant of the SUV. Virginia Beach police and Chesapeake Bay Bridge Police are still investigating the accident.

SUVs can lead to serious accidents and injuries because of their high center of gravity, which puts them at risk for rollover accidents. When an SUV rolls over it can go off the road or flip and land on the roof, causing life-threatening injuries to the occupants.

If you have been the victim of an accident in Virginia caused by someone else's negligence, you should consult with an attorney because Virginia is a pure contributory negligence state. Therefore, if you are found to be partially responsible for an accident, you will not be allowed to recover damages.

According to the National Highway Traffic Safety Administration in 2009 there were 757 fatalities as a result of vehicle accidents in Virginia.

As a service to the residents of Norfolk and the surrounding areas, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Northern Virginia that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to: 

  • single-car accidents;
  • hit-and-run accidents;
  • accidents caused by hazardous road conditions; and
  • accidents caused by aggressive driving or distracted drivers. 


If you have been named in this blog or you are the victim's family member or friend and would like the blog posting removed from our website, please feel free to contact us and we will promptly accommodate your request.

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Teen Wrong-Way Driver Charged in Fatal Powhite Parkway Accident

March 30, 2011 - Chesterfield County, Va. - Two men from Chesterfield County were killed on March 19 when a vehicle that was traveling in the wrong direction hit their car on Powhite Parkway, according to a Richmond Times-Dispatch report.

The accident occurred near the overpass on Reams Road, state police said. The victims, 29-year-old Imad H. Elawar and 32-year-old passenger Sammer S. Ballout were pronounced dead at the scene. Their 2003 BMW was struck by a 2004 GMC Yukon.

The driver of the Yukon, a 17-year-old from Chesterfield, was headed north on the south side of the highway. The juvenile ran into the BMW sometime before 2:27 a.m., when state police arrived at the scene of the Powhite Parkway accident.

The teenager sustained minor injuries and was transported to VCU Medical Center. He has been charged with driving under the influence, and he was released on a summons.

Police have determined that alcohol and speed contributed to the accident. After police consult with the commonwealth's attorney's office in Chesterfield County, the teenager might face additional charges.

When negligent driving leads to serious injuries or the death of a loved one in Virginia, you should consider filing a personal injury claim with the assistance of an attorney. Since Virginia is a pure contributory negligence state, you will lose out on compensation if you are found to be even 1% at fault in an accident.

According to the National Highway Traffic Safety Administration in 2009 there were 757 fatalities as a result of vehicle accidents in Virginia.

As a service to the residents of Norfolk and the surrounding areas, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Northern Virginia that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to: 

  • single-car accidents;
  • hit-and-run accidents;
  • accidents caused by hazardous road conditions; and
  • accidents caused by aggressive driving or distracted drivers. 


If you have been named in this blog or you are the victim's family member or friend and would like the blog posting removed from our website, please feel free to contact us and we will promptly accommodate your request.

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Teen Dies after I-264 Pedestrian Crash in Norfolk

March 18, 2011 - Norfolk, VA - A teenage pedestrian who had been on life support after he tried to cross busy Interstate 264 in Norfolk on March 7 has died from his injuries, according to a report on Wavy.com.

A pickup truck ran into John Snowden III, 18, of Chesapeake, near the Downtown Tunnel around 7 p.m., Virginia State Police said. He was crossing the eastbound lanes of traffic to reach Berkley Avenue when he was hit.

The driver of the pickup, Christopher Jorgensen, 36, of Virginia Beach, swerved when he saw Snowden, but he ended up clipping the young man. Police said Jorgensen will not be charged in the pedestrian accident.

A family friend said Snowden's parents were in shock and they didn't know why their son was trying to cross the six-lane highway, but a police spokesperson said he had been looking for a shortcut to get to Berkley.

The Downtown Tunnel's west lanes had to be closed for several hours as paramedics and police responded to the I-264 pedestrian crash. The on-ramps at City Hall Avenue and, St. Paul's Boulevard were also shut down. Shortly after 10 p.m. all lanes and ramps had re-opened.

Snowden was a 2010 graduate of Deep Creek High School and had been working two jobs.

According to the National Highway Traffic Safety Administration in 2009 there were 757 fatalities as a result of vehicle accidents in Virginia.

As a service to the residents of Norfolk and the surrounding areas, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Northern Virginia that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to: 

  • single-car accidents;
  • hit-and-run accidents;
  • accidents caused by hazardous road conditions; and
  • accidents caused by aggressive driving or distracted drivers. 


If you have been named in this blog or you are the victim's family member or friend and would like the blog posting removed from our website, please feel free to contact us and we will promptly accommodate your request.

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Several Injured in Norfolk Crash at N. Military Highway Shell Station

March 8, 2011 - Norfolk, Va. - A 3-vehicle crash that damaged a gas station pump sent several victims to the hospital on February 2.

WAVY.com reports that the accident took place around 7 a.m. at the Shell gas station on North Military Highway. While 3 vehicles in total were involved, only 1 struck the gas pump. Fortunately, this collision did not result in a fire or explosion at the gas station.

Several of the vehicle occupants were taken to nearby hospitals with injuries. Police are still investigating the details of the cause of the crash in Norfolk, and the identities of the victims and the extent of their injuries have not been made public. At this point, there is no indication whether charges have been or will be filed in connection with the accident.

Crashes involving multiple vehicles and victims can often create a complex Virginia personal injury claim. As an injured victim, you will need to prove that you were not at fault in any way for the accident and your injuries if you are seeking to recover damages.

Virginia is a contributory negligence state, meaning if you were found even slightly at fault for causing the accident and your injuries your Virginia personal injury claim will be denied. This law makes it critical to having good legal help from a Virginia personal injury lawyer, as they can help you best prove the negligence of the other drivers and/or pedestrians were the cause of the accident and your injuries.

If you have been in a multiple-vehicle accident that has several others claiming damages and negligence you need to be diligent in your own case. Be careful when giving statements about the accident to anyone - police, witnesses, insurance adjusters - and consult with your Virginia personal injury lawyer first before talking to anyone about the accident.

According to the National Highway Traffic Safety Administration in 2009 there were 757 fatalities as a result of vehicle accidents in Virginia.

As a service to the residents of Norfolk and the surrounding areas, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Northern Virginia that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to: 

  • single-car accidents;
  • hit-and-run accidents;
  • accidents caused by hazardous road conditions; and
  • accidents caused by aggressive driving or distracted drivers. 


If you have been named in this blog or you are the victim's family member or friend and would like the blog removed from our website, please feel free to contact us and we will promptly accommodate your request.

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Virginia Cities, Towns Still Immune From Wrongful Death Lawsuits

Currently, Virginia towns, cities and municipalities are immune from personal injury and wrongful death lawsuits.  This fact was highlighted this summer when a Virginia Beach man was hit and killed by the driver of a trash truck.  The bill would have applied the current state liability cap of $100,000 on suits brought against any city in Virginia.

 

Proponents, such as Del. Kenny Alexander, D-Norfolk, believe those who have been, for example, injured during a car accident with a city employee should be allowed to sue for damages. 

 

"Localities should be accountable for the negligence and wrongful acts" of employees, said Alexander. 

 

However, opponents of the bill worry that even with the cap in place many small towns would go bankrupt if a suit was filed against them.

 

Opponents of the bill have won this round.  It has not, and likely will not, make it out of committee this year. 

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Virginia Bill Would Ban Children from Riding on a Motorcycle

Virginia already has laws that pertain to child vehicle safety.  However, lawmakers, police officers and other concerned parties worry about children who are allowed to ride on the back of motorcycles.  Currently there is no law against allowing children to ride along with their parents, yet children under eight are required by law to be in an approved child car seat or booster seat. 

 

One lawmaker wanted to close this loophole, making it illegal for young children to ride along with their parents.  Between 2005 and 2009 one child under the age of nine died and 23 others were injured during a motorcycle accident. Police are concerned that the dramatic increase of motorcycle use in Virginia has caused many parents to use a motorcycle to transport their children. 

 

However, opponents of the bill believe that the near lack of serious injuries and deaths of children on motorcycles shows that the law is unnecessary.  In addition, they point parental judgment and individual rights as reason enough to kill the bill.

 

It now seems that opponents of the ban will have their wish.  The bill was recently tabled by a subcommittee and is not likely to advance any further.

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Spice Becomes Illegal in Virginia

After a sharp spike in Spice related illnesses and disturbances, police and lawmakers in Virginia took notice.  The drug, a synthetic form of marijuana, is often labeled "herbal incense" and sold in gas stations and head shops across Virginia.  The synthetic pot has been popular among service members and young people in Norfolk and across the state.  However, a new law, scheduled to take effect in June, makes possession of the drug or any of its components illegal. 

VA lawmakers voted unanimously to pass a bill that makes Spice illegal to possess.  Spice is also known as K2, the Happy Shaman and Scooby Snax.  If signed into law by the governor, possession or possession with intent to distribute less than a half ounce will be a class 1 misdemeanor.  Manufacturing and possession over half an ounce will be considered a felony offense. 

Currently, twelve bills that deal with the drug have been introduced to the Senate.  Others would make the drug a schedule 1 controlled substance, the same category as marijuana and heroin, and make buying, selling or possessing any of the chemical compounds used in the manufacture of the drug illegal. 

The Virginia Beach criminal law attorneys at Tavss Fletcher continue to keep a close eye on this story and will bring you updates here and on our blog. 

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Virginia Marijuana Possession Bill Dies in Committee

A bill that would have made possession of marijuana in Virginia a civil penalty instead of criminal has died in committee. 

Delegate Harvey Morgan proposed the bill, which was voted on by the criminal law subcommittee of the House of Delegates Courts of Justice Committee in Richmond.  The committee effectively killed the bill, meaning that it cannot be introduced for another year.

Del. Morgan was surprised and upset by the committees' rejection of the bill.  He, like many others, believes that simple marijuana possession is a burden on the justice system and on first time offenders.  Though he does not advocate the use of marijuana he doesn't believe that the criminalization of possession of pot is fair.

"Anyone who has that on a record finds that it is an absolute barrier to employment for a commercial driver's license, to work in a health care profession, to be a teacher," said Morgan.   

It seems that this issue is not dead for Morgan.  He is reportedly planning to reintroduce a marijuana decriminalization bill in 2012. 

The Virginia criminal defense lawyers at Tavss Fletcher are very interesting in the outcome of this legislation and will keep you informed when it is once again proposed to the Senate. 

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Medical Malpractice Lawsuit Filed by Virginia Plastic Surgery Patient

Plastic surgery is very often considered cosmetic.  Many think that this releases the surgeon from some liability, as the patient elected to get the cosmetic surgery.  However, plastic surgery patients in Virginia and across the nation have the same rights to sue for medical malpractice as any other wronged patient.

An example of a plastic surgery patient suing for surgical mistakes involves a Carrollton, Virginia woman.  While stationed near Las Vegas in 2009 with her husband, an Air Force officer, the woman, Gwen Haden, underwent breast augmentation surgery.  The surgery was performed at the Mike O'Callahan Federal Hospital in Nevada and though there were no illnesses or injuries associated with the surgery, it was soon discovered that the implants Haden had received were too small.  Though she had ordered 300cc implants she was given 250cc implants that had been overfilled to 270cc's. 

Haden is now suing the U.S. government, as the surgery took place in a VA hospital.  She is seeking $150,000 in damages. These damages, if won, would pay for reoperation costs, attorney fees and pain and suffering. 

The Virginia medical malpractice attorneys at Tavss Fletcher know all too well that cosmetic surgery has the potential to harm just as much as medically necessary procedures.  If you have been the victim of a medical mistake please contact an experienced med mal lawyer for your free consultation.     

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Virginia Beach Teacher Cleared of Felony Drug Charges

The criminal defense attorney of a Virginia Beach teacher arrested for felony drug trafficking charges has announced that she has been cleared of most of the charges against her.  From the beginning the teacher and her attorney have maintained her innocence and now, thanks to a confession from her son, it looks as though she will escape prosecution.

The ordeal began when the 22-year veteran teacher accepted a FedEx package.  Though she was unaware of it at the time, the package was delivered by police, who knew that the computer towers in the box were full of six pounds of marijuana.  The drugs were detected at a FedEx building.  Police found the drugs, repackaged them and sent them to their intended destination. 

Though the teacher accepted the package it appears she had no idea what was inside.  Her son admitted that he was responsible for the delivery of the package and that he didn't know his mother would be home when it was delivered.  The son, Kenneth Mahler, is facing one count each of possession of marijuana with the intent to distribute and conspiracy to distribute five pounds or more of the drug.  His mother is still facing one charge of accessory after the fact but court records show that this charge will be appealed.       

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Virginia Beach Family Awarded $2.3 Million in Birth Injury Case

A recent settlement in a Virginia medical malpractice lawsuit awarded $2.3 million to the family of a permanently disabled child.  The child, now five, was showing signs of distress when her mother checked into the Portsmouth Naval Medical Center.  However, nurses and doctors did not immediately respond to the distress and the baby was born via c-section with extensive and permanent neurological injuries to include cerebral palsy. 

She was intubated and taken to Children's Hospital of The Kings Daughters.  During the c-section it was discovered that the placenta had detached from the uterine wall, causing a loss of oxygen to her brain.     

The federal government will be responsible for paying the family the $2.3 million.  Of this total the family's attorney will receive approximately $675,000.  $54,000 will go toward current medical bills and the rest, $1.57 million, will be placed in a trust fund to provide care for the child.

Though a trial was set for December 7, court records indicate that the family and the government had been in settlement discussions for several months.             

Virginia attorneys and physicians have just agreed to a new medical malpractice cap agreement.   The current cap is set at $2 million.  Under the new agreement the cap will raise by $50,000 each year from 2012 to 2031.     

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Virginia Doctors, Attorneys Agree on Medical Malpractice Cap

While many feel that a cap on medical malpractice lawsuits limits the victims ability to be properly compensated for injuries, illness or death, others say that without a cap doctors cannot afford to work in Virginia.  The debate has continued for some time, but the Medical Society of Virginia and the Virginia Trial Lawyers Association have finally come to an agreement that they both believe is fair to both injured patients and doctors.

Currently, the medical malpractice cap is frozen at $2 million.  The new deal will allow for a $50,000 increase each year beginning in 2012 and ending in 2031.  Both doctors and attorneys hope that the increase will keep pace with inflation and the rising cost of medical care without making any drastic changes to doctors' medical malpractice insurance rates. 

Virginia law concerning medical malpractice is unique in several ways.  The Virginia Birth-Related Neurological Injury Compensation Program is set up to pay for the lifetime medical expenses of children who are injured during birth.  This program keeps these cases out of the court system and helps ensure proper compensation for the child and their family.  In addition, Virginia limits both economic and non-economic awards in malpractice suits.  Larry Smart, president of the Physician Insurers Association of America, believes that these factors allow for moderate insurance costs for doctors who choose to practice in Virginia. 

The medical malpractice attorneys at Tavss Fletcher are glad to hear that an agreement has been reached.  We hope that those injured or made ill during a medical procedure or due to a medication mistake are able to continue to seek reasonable compensation for their injuries or illness. 

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Accident on Va. Route 95 Involves 52 Vehicles, Injures 10

Multiple traffic accidents kept the Virginia Department of Transportation, local and State Police busy yesterday.  The accidents were being blamed on the snowy conditions along Route 95 near Dale City, Virginia.  However, driver error was also to blame, as drivers continued to drive too fast for conditions and follow too closely to the vehicle ahead of them. 

One major accident was caused by a truck/tractor trailer accident in the southbound lanes of 95.  This accident caused a chain reaction.  In the end, the initial two-vehicle crash lead to a 52 vehicle collision in which four semis were involved, along with two other commercial vehicles.  There were no deaths reported but ten motorists were taken to area hospitals. 

Near the Dale City rest area another serious, but not deadly, accident was reported.  The involved motorists suffered only minor injuries. 

Though the snow, which reached one to two inches in parts of the state, finished by midmorning, ice and slippery conditions will continue to be a threat this week and throughout the winter. 

The personal injury attorneys at Tavss Fletcher encourage you to slow down whenever slippery conditions exist.  This simple step can help you avoid an accident and maybe even save a life.     

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Virginia Beach Accident Victim Awarded $215 K for Shoulder Injury

A Virginia Beach accident caused by an epileptic event highlights the dangers of driving with certain medical conditions.  The at-fault driver was said to have suffered from a hypoglycemic event when he lost consciousness and hit another car.  The impact of the two vehicle crash left the other driver with a serious shoulder injury. 

The insurance company of the at-fault driver was, initially, not willing to pay for the drivers injury or damage to the car.  They asserted that this was an isolated incident and that the medical condition caused the accident, not driver fault.  However, attorneys for the victim argued that the driver knew or should have known about the risks of driving with his condition.  After they subpoenaed the at-fault drivers medical records the insurance company quickly agreed to a fair settlement.

Medical records showed that the at-fault drivers medical condition had previously caused auto accidents.  This clearly showed that he was aware of the risks of driving.  The driver insurance company agreed to a $215,000 settlement for the accident victim.  This sum will cover the drivers medical expenses, rehabilitation and pain and suffering associated with the shoulder injury.        

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Virginia Drug, Protective Order Laws May Change

The Virginia State Crime Commission has recommended altering several laws that affect the new synthetic drug Spice and protective orders.  The proposed changes will be considered by lawmakers next month. 

The Commission has suggested that the synthetic drug Spice or K2 be made illegal in Virginia.  Though they did not recommend specific penalties for the possession of the product they do hope that the legislature will move to treat the synthetic marijuana as a controlled substance.  If the drug is made illegal punishments for possession or distribution would be the same as actual marijuana. 

The other current laws that may be affected surround protective orders.  The Commission proposed changes to both family abuse and stalking.  Proposed changes include eliminating a requirement that a criminal warrant must be issued before a protective order is granted.  Sexual and domestic violence victims' advocates applaud the proposed changes but would like to see lawmakers expand the new laws to cover dating relationships.    

Virginia is not the only state proposing laws that ban synthetic marijuana.  State and federal authorities are making moves to outlaw the chemicals used to produce synthetic marijuana.         

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Norfolk, Va. Man Sentenced to 15 years in Prison on Drug, Gun Charges

According to the U.S. District Attorney's Office in the Eastern District of Virginia, Thaddeus Jones, age 31, has been sentenced after pleading guilty to his role in several drug deals.  Jones had pleaded guilty to multiple charges in September of this year.  According to court reports the Norfolk man has been sentenced to 15 years in prison.

Jones was reported to have sold drugs on several occasions.  The first exchange occurred in July, 2009.  Jones sold over 54 grams of cocaine base to an undisclosed buyer.  Jones received $2000 in cash during the transaction which took place at the Janaf Shopping Center in Norfolk.  In August 2009 and December 2009, Jones made two other sales in exchange for an undisclosed amount of cash.

In April 2010 agents from the Norfolk Drug Enforcement Administration (DEA) obtained an arrest warrant for Jones.  He was later arrested outside an apartment he was staying at in Virginia Beach.   At that time police recovered more cocaine powder, cocaine base, drug paraphernalia, over $2700 in cash and three semi-automatic pistols, two of which were loaded. 

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Hampton Police Accused of Wrongful Arrest, Assault

A 15-year-old girl was babysitting at her sister's house when Hampton Police entered the home while executing a search warrant.  According to police the teen refused to get off of the phone when the police entered and became combative.  She has been charged with resisting arrest and assault and battery on a police officer.  However, the girls family and now, the NAACP, see things differently. 

During the event the young woman received lacerations on her cheek and back.  She also suffered a sprained right shoulder.  The girl's mother, Eula Street, maintains that the cuts on her daughters back will leave permanent scars and that she still has pain in the injured shoulder.  In addition, she claims that police detained her daughter for three days and refused to allow her medical treatment until they were made to do so. 

The NAACP, along with area attorneys, are asking that an outside law enforcement agency investigate the Hampton Police Department's actions.  The arresting officer has been cleared of any wrongdoing after an internal investigation.        

Though no legal action has been initiated, the family of the girl are still considering legal action against both the arresting officer and the Hampton Police Department.

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Massive VW Recall Affects Virginia, North Carolina

The possibility of leaking fuel lines has prompted Volkswagen to recall at least 377,00 cars in the United States, many of which are being driven in Virginia.  The current recall affects the Golf, Rabbit, Jetta, Jetta Sportswagen, New Beetle and Rabbit models. 

The issues stems from a plastic tab on the windshield fluid container that may rub against a fuel line and cause a leak to occur.  Though there have been no reports of fire, injuries or crashes related to the fuel line issue, VW will be paying for its dealers to inspect all vehicles covered by the recall.  Dealers will be either removing the plastic tab, adjust the clamp or replacing the fuel line.  Volkswagen believes that this will correct the problem and prevent dangerous fires and accidents. 

Volkswagen is not the only auto manufacturer to have announced massive recalls in the past year.  Toyota faced multiple recalls, even lawsuits, after multiple safety issues were found in many of their vehicles.  These issues, some surrounding faulty brakes, caused several serious accidents. 

If you believe the recall affects you please click here to find a VW dealer near you.

The attorneys of Tavss Fletcher hope that by providing you with current recall information you can fix the potentially dangerous leak before it causes a serious accident or fire.   

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Drowsy Driving Dangerous to Virginia Motorists

Drowsy driving.  Though most of us have done it, this dangerous behavior should be taken more seriously.  Driving while fatigued is dangerous for not only the driver themselves but for all motorists they share the road with.  A study done by the AAA Foundation for Traffic Safety of NHTSA has shown that drowsy driving causes more than 5,500 traffic deaths each year and is a factor in upwards of 17 percent of all fatal crashes.

Earlier estimates had shown that driving while overly tired was a factor in just 2-3 percent of accidents.  However, Peter Kissinger, president and CEO of the AAA Foundation, is concerned that even the higher estimate is not correct.

"Many researchers believe drowsy driving has been underreported and underestimated," says Kissinger. "That's one of the reasons we took this on.  We have long suspected the true magnitude and scope of drowsy driving have been underreported."

The National Sleep Foundation has issued the following list of warning signs to be aware of while you are driving.  If you experience any of the following behaviors stop driving and rest.

  • Difficulty focusing, frequent blinking and/or heavy eyelids.
  • Difficulty keeping daydreams away.
  • Trouble keeping your head from dropping.
  • Drifting from your lane, swerving, tailgating or hitting rumble strips.
  • Inability to clearly remember the last few miles driven.
  • Repeated yawning.
  • Feeling restless, irritable or aggressive.

As Virginia large truck accident lawyers we too often see truck drivers who push themselves to drive, despite being overly tired.  However, as everyday commuters and drivers, we too must be aware of the dangers of drowsy driving.  If you feel tired please find a safe place to pull over and rest.  Doing so may very well save your life. 

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Virginia I-95 Truck Accident Leads to Injury, Reckless Driving Charge

A 2007 International Tractor with dual trailers was involved in a serious, one truck accident near Ashland and Hanover, Va.  The accident occurred just after noon on Interstate 95.  The driver, Raymond E. Doggett, was transported to VCU medical center where he was treated for serious injuries.  No other vehicles were involved and no other injuries reported. 

The driver, from Raleigh, N.C., has been charged by Virginia State Police with reckless driving.  Police say the trucker allowed his truck to drift off of the road and onto the shoulder.  He then overcorrected and flipped the rig, blocking the interstate and causing major traffic delays. 

None of the rigs contents, not disclosed by police, were spilled onto the road and the fuel tank remained intact, helping minimize the clean-up efforts. 

This accident was one of just three along I-95 that same day.  Mere hours later another large semi-truck crashed in Henrico County, just nine miles south of the original accident.  An hour later a third crash occurred along the same highway, this time in Chesterfield County, 22  miles south of the Henrico wreck. 

 Reckless and distracted driving is all too common among truck drivers in Virginia and across the nation.  The personal injury attorneys at Tavss Fletcher hope that the driver makes a full recovery from his injuries and are glad that no other motorists were injured during the multiple collisions. 

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Proper Child Seat Use Still an Issue in Virginia

The good news?  Fewer children were injured or killed in 2009 compared with 2008.  The bad news?  Too many children are not being restrained in the correct booster seat.  The report, recently released by the NHTSA, shows that appropriate restraint systems for 4 to 7-year-old children is at only 55%.  This means that 32 percent of 4 to 7-year-olds were using only a seatbelt and that 13 percent were not restrained at all. 

The report classified child restraint systems into four categories:  child safety seats (with harness strap, both forward and rear-facing), booster seats (without harness straps both high backed and backless), seat belts and unrestrained. 

The information gathered was done so using the 2009 National Survey of the Use of Booster Seats (NSUBU) through the National Highway Traffic Safety Administration.  The survey is part of an ongoing effort to reduce traffic fatalities and injuries among children ages 4 to 7. 

Some of the more important information listed in the report includes:

  • At 41 percent booster seat use among 4 to 7-year-olds remains nearly the same from 2008.
  • 45 percent of children ages 4 to 7 were not being properly protected in the car.
  • Restraint use for children ages 1 to 3 increased from 92 percent to 96 percent from 2008 to 2009.
  • Restraint use for all children under 13 remained unchanged at 89 percent.
  • There are indications that parents are still moving their child to a new restraint system too early. This means turning an infant to the forward facing position or their toddler into a booster before they are ready for the change.

As Virginia personal injury attorneys we see far too many children in our state injured during what could have been a minor, non-injurious accident.  If you are unsure of the safety of your seat or if it is appropriate for your child please visit a local child seat inspection station. 

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Virginia State Police Increase DUI Patrols in Norfolk, Statewide

Drinking and driving this weekend in Virginia could cost you.  Over the Thanksgiving weekend, from Wednesday to Sunday, the Virginia State Police will be increasing patrols to 75 percent of their uniformed personnel.  This massive effort is part of the nationwide Operation Combined Accident Reduction Effort, or C.A.R.E. 

Another effort, the Motor Enforcement Accident Reduction, or M.E.A.R. will be increasing motorcycle patrols across Hampton Roads to include Portsmouth, Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia Beach.

Police have stated that their massive efforts are meant to deter people from drinking and driving.  Last Thanksgiving 16 people died in accidents over the extended weekend.  State and local officers will be looking for speeding, reckless or impaired drivers.  They will also be ticketing those who are not wearing seatbelts or have not properly restrained their children. 

Last year Operation C.A.R.E. was responsible for the citing over 13,000 drivers for infractions that ranged from impaired driving to speeding.

Though some may doubt the fairness of such massive citation campaigns the reality is that Virginia State Police will be out in force the next four days.  Our criminal law and accident attorneys urge you to stay safe: Find a sober way home. 

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Simple Surgical Checklist Could Save Thousands

According to multiple recent studies a simple checklist, such as the one drawn up by the World Health Organization (WHO), could save at least half a million surgical patients each year.  It is estimated that worldwide 234 million operations are preformed.  A recent study, printed in the New England Journal of Medicine, shows that with the consistent use of the checklist, surgical complications were reduced by more than one-third and deaths were reduced by almost half. 

Though some doubt that such a seemingly simple fix could save so many lives, the findings point to an increased commitment to teamwork for safety and improved communication among the surgical team.  Researchers believe that these improvements are crucial to reducing the number of surgical patients who fall ill or die because of surgical errors.

The study has importance not only on a worldwide scale but right here in Virginia and North Carolina.  If all hospitals made a concerted effort to improve the outcome of surgeries we would all benefit.  Our medical malpractice attorneys have found, time and again, that medical mistakes can cause serious injury, illness and death.  Hopefully our hospitals will take this study seriously and implement more effective ways to prevent surgical errors.

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Surgical Mistakes Abound in Virginia, Across the Nation

According to the Institute of Medicine between 44,00 and 98,000 American die each year in U.S. hospitals from preventable medical errors.  In addition, hospital deaths rank in the top ten leading causes of death in Virginia and across the nation. 

A recent, very public, apology highlights the danger that patients face each time they go under the knife.  In this case a hand surgeon was supposed to perform an operation to correct a trigger finger and instead performed an entirely different surgery for carpal tunnel.  Having performed the wrong surgery the surgeon went back to his office to make notes when he realized his serious mistake.  He then returned, explained the situation and performed the correct surgery. 

While we would like to think that this kind of mistake is uncommon it happens all too often. In fact, patients who are going to undergo surgery have taken to marking the surgical site themselves with permanent marker. 

How do so many mistakes occur?  Though many in the industry have put multiple safety checks in place mistakes continue to occur.  Dr. David Feldman is a chief safety officer and vice chair of surgery.  He is an advocate of safety guidelines and regimented protocols.  However, even he does not have a lot of faith that surgical errors will cease to exist.

"We as a society have an expectation of perfection, but it's unrealistic to think surgeries will be perfect," said Dr. Feldman. "Humans are not perfect beings, and there are always going to be mistakes."

Our medical malpractice attorneys have seen medical mistakes devastate families and cause permanent damage and death.  We hope that awareness of the issue continues to reduce the number of people injured by medical errors in Virginia, North Carolina and across the nation.    

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Former Virginia Homicide Detective Found Guilty of Extortion Charges

After two days and eight hours of deliberation a federal grand jury has convicted retired Norfolk homicide detective Robert Glenn Ford of two extortion counts and one charge of lying to the FBI.  Ford, of Virginia Beach, could face up to 20 years in prison for each extortion count and up to five years for the lying charge. 

The charges against Ford have also brought new attention to the case of a murdered Navy wife.  There were allegations that Ford forced confessions from four defendants.  The four convicted men were released from prison by Gov. Timothy M. Kaine based on the questionable confessions.

Witnesses for the defense, to include Ford's former partners and co-workers,  painted him as a respected investigator who solved nearly 200 homicides.  However, other witnesses, including a man who says he delivered money to Ford from the criminal defendants, painted a picture of deep corruption.  Ten convicted criminals testified that Ford took money from them to help them get out on bond or in exchange for reduced jail time or no jail time at all.  Eight individuals testified that they paid the bribes and never provided him with information that helped solve homicides.  Ford testified that the criminals were his informants.   

It is believed that Ford's criminal defense attorney will appeal the decision.

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Crossing Guard Hit, Injured at Virginia Beach School

School zones are clearly marked.  Their lower speed limits and the presence of "School Crossing" signs keep most drivers focused and children safe.  However, at Catholic High School, one drivers disregard for safety in a school zone seriously injured a crossing guard.

A female Deputy Sherriff was working as a crossing guard for Catholic High School in Virginia Beach, Va. when she was struck from behind.  When the accident occurred in the 4500 block of Princess Anne Road, the crossing guard was in full traffic directing gear, which includes bright colored clothing with reflective strips.

An elderly man, 87 year old James Holloway of Virginia Beach, drove his car up behind her, hitting her from behind.  The impact of the accident forced the officer onto the car's hood.  She then fell to the ground.  Reports indicate that she was taken to the hospital with intense pain and possible broken bones.  Her injuries were not believed to be life threatening.

Holloway has been charged with disregarding a crossing guard.

The staff and attorneys at Tavss Fletcher hope that the officer is well on her way to making a quick and full recovery.

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Will Marijuana Be Legalized in California, Virginia?

Thousands of miles from Virginia a debate rages over the possible legalization of recreational marijuana.  Though this debate seems far from home this type of law could very well come to our state as well.  As criminal law attorneys who handle hundreds of marijuana possession and distribution cases each year we will be watching the legislation process very carefully.

Those on both sides of this heated debate are taking every issue surrounding the use of marijuana very seriously.  One of these issues is driving under the influence.  Many, including former Los Angeles Deputy Police Chief Stephen Downing, strongly believe that the current laws against DUI's, which include the use of driving under the influence of drugs, properly address this issue.  He also asserts that the legalization would decrease the number of young people it affects.   

"The important thing for the mothers of America to understand is what is increasing, and has been increasing for the last 30 years, is the availability of marijuana for 12-year-olds," Downing said.

According to the former Deputy Police Chief after pot was made legal in the Netherlands and Portugal, rates of its use did not increase.

 Will recreational marijuana become legal?  Only time will tell and we predict that the debate will rage on long after any legislative decisions are made.

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Newport Police, Officials Worried About New Synthetic Street Drug

A new street drug is causing police and city officials to take notice.  The drug, called Spice, is a synthetic blend of chemically treated, smokable leaves.  Though it has been called a safer form of marijuana, over 1,500 calls related to the drug have been made to U.S.  Poison Centers so far this year.  Local reports from the Virginia Poison Center show that dozens of people have been taken to the emergency room for overdose or adverse reactions.

Patients who have taken the drug have suffered from elevated heart rates, seizures, heightened blood pressure and intense feelings of agitation and paranoia.

While police officials from Chesapeake and Virginia Beach do not consider the drug a serious problem, officials in Norfolk will not wait for the state to make the drug illegal.  Norfolk's Convenience Store Task Force has been out force, targeting smoke shops and convenience stores known to carry the drug.

One local store was found to have mass quantities of the drug and closed soon after the city inspection.  However, three other locations are still carrying it and advertise 15 different brands of "herbal incense".  The drug is often packaged and sold as incense and has been popular among teens and military personnel. 

Nationally, Alabama and Kansas have made the purchase and sale of the drug illegal.  Del. Paula Miller, D-Norfolk, has submitted a request for legislation that would make the chemicals in Spice illegal.  Similar bills are being considered by the State Crime Commission and the attorney general's office.

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Strong Fall Storms Wreak Havoc on Suffolk County, Va.

A strong fall storm took its toll on Suffolk County, Va.  Along with 35 auto accidents in a little over 24 hours, the storm downed power lines and flooded roads across the state.  Little Fork Road at the state line was closed for some time and though other low lying roadways were not closed parks of North Main Street and Constance road did experience some minor flooding.

Of the 35 accidents twenty resulted in vehicle damage only and fifteen caused injuries that ranged from mild to mortal.  The deadly accident is still under investigation by the Commonwealth's Attorney and no charges have yet been filed. 

Another serious accident occurred on Holland Road.  A Suffolk News-Herald paper carrier was turning left onto Holland when she was struck by a Franklin man.  The carrier was taken to Sentara Norfolk General Hospital for serious injuries related to the crash.

Police also responded to several tress and power lines that had fallen and were blocking roadways.    

The staff and attorneys at Tavss Fletcher would like to send our sincere condolences to the family of the fatal accident victim. 

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Truck Accident in Figsboro, Va. Leads to Reckless Driving Charge

The recent rain around Virginia is said to have contributed to at least seven accidents in one day in Henry County.  One of the more notable accident occurred when a Cheerwine delivery truck overturned in Figsboro, spilling its load of approximately 100 2-liter soda bottles into a residents yard.  

Though the driver was unhurt in the accident, the truck and trailer tipped after they hydro-planed and ran off of the road.  According to Virginia State Police Trooper D.W. McBride the truck dumped quite a lot of soda into the homeowners yard.

"There was an abundance of Cheerwine, rootbeer, ginger ale" and other drinks in the yard, McBride said.  "An absolute abundance."   

Residents were allowed to haul away as much pop as they could carry.  One resident brought his pick-up truck and "loaded up as many as he could," said the trooper.

The driver, of Axton, has been charged with reckless driving.  The truck was towed from the scene.  The Collinsville Volunteer Fire Department and the Fieldale-Collinsville Rescue Squad, along with the Virginia State Police, responded to the accident.      

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Virginia Beach Teacher Surprised by Drug Arrest, Attorney Says

A Virginia Beach high school teacher was shocked when, after accepting a package that had been delivered to her home, she was arrested.  Police arrested the 59-year-old Kellam High School teacher on charges of conspiracy, transporting controlled substances and selling marijuana, her attorney said.

Darcy M. Mahler, of Virginia Beach, is denying that she knew what was in the package.  According to police the package contained several pounds of marijuana and a "white powdery substance.  Police also seized a cell phone, paperwork and a vehicle. 

In addition to the seizures, two others were arrested at the home.  Britney Ballard and Devin King are facing the same charges as Mahler.  Though the other two suspects have been released on bond King remains in custody at the Virginia Beach Correctional Center. 

Though those that know Mahler believe she is innocent Kellam School District has suspended her without pay.  According to her attorney, "This woman is not a drug dealer.  She did not know this package was coming."  

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Multiple Truck Accidents on I-664 Injure Motorist, Virginia State Troo

Two serious accidents near Chesapeake, Va. injured both a Virginia State Trooper and at least one motorist.  The first accident occurred near Dock Landing Road.  A vehicle, traveling at a high rate of speed, nearly hit a motorcycle officer who was conducting a traffic stop.  The vehicle then lost control, went off the road and into a stand of trees. 

Shortly after the initial accident the driver of a large tractor trailer failed to notice that traffic was stopped due to the accident.  In an attempt to avoid a further collision the driver swerved and flipped his truck onto its side in the middle of the interstate.  A second large truck then slammed into the flipped truck, causing another crash that sent this truck onto its side as well. 

At least one motorist was taken to the hospital.   The driver of the vehicle that caused the original accident has been charged with following too closely.  The driver of the tractor trailer is also expected to be charged for his role in the serious accident. 

One day before, very near the above accident, a Virginia State Trooper was hit by a semi-truck.  The trooper is still recovering from serious injuries at Norfolk General Hospital.  The driver of this tractor trailer has been charged with reckless driving.

The staff and attorneys at Tavss Fletcher hope that all injured parties are on their way to recovering fully and quickly from their injuries. 

 

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Virginia's Labor Day Weekend Safer than a Year Ago

In Virginia and across the country Labor Day Weekend is synonymous with an increase in drunk driving and fatal accidents.  Though this year Virginia State Police did respond to several deadly accidents and make multiple drunk driving arrests numbers were down. 

This year Virginia State Police troopers responded to 378 crashes; 141 fewer than Labor Day Weekend 2009.  Though any loss of life is unacceptable, this year the number of people who died in a crash was eight, nearly half as many as the same weekend last year. 

In addition to assisting at the scenes of the many accidents, state police arrested 132 drunk drivers on DUI charges.  Troopers also ticketed 8,836 speeders and 2,420 reckless drivers.  Local police forces in Portsmouth and Virginia Beach conducted checkpoints across their cities.

In Portsmouth these checkpoints netted 64 tickets on charges that ranged from driving on a suspended license to DUI.  Virginia Beach police reported that 401 cars traveled through their checkpoint.  They issued three DUI's, one child restraint violation, one suspended license, one warrant served and 17 other citations. 

Hopefully the trend in accident reduction will continue next year and 2011 will see no highway deaths or serious injuries over the holiday weekend.

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Nellysford, Virginia Man Arrested On Multiple Drug Charges

As fall rolls around, authorities in Virginia begin to increase their patrols and response to marijuana growing operations.  Recently, the Virginia Stat Police, working in conjunction with the Nelson County Sheriff's Office and the Virginia National Guard, made several arrests related to the growth and sale of marijuana. 

A Nellysford man was arrested on two felony counts of selling and distributing marijuana, two felony counts of receiving or buying stolen goods valued more than $200, a misdemeanor obstruction of justice without force and a misdemeanor resisting arrest. 

The man, Daniel Watson of Nellysford, Va., attempted to destroy the crops when Virginia State Police flew overhead to investigate his garden.  Law enforcement agencies were conducing eradication flights over Nelson County and southern Albermale County when they spotted the patch of plants.  Reports show that officers recovered 65 plants from Watson's property, valued at almost $200,000.

In addition to this bust, State Police also found 209 marijuana plants growing in a patch of wooded forest in Shipman.  The value of these plants was estimated at $620,000.  No arrests have been made in connection with this bust. 

Watson was set to appear in Nelson County General District on September 8.  At the time of this report there was no word as to whether the man had obtained legal help.

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Suffolk, Va. Man Hit by Car, Seriously Injured by Girlfriend

A 27 year old man from Suffolk, Va. was hit by a car and seriously injured.  Police believe that the injured man, George Gates Jr., was intentionally hit and run over by his girlfriend. 

Witnesses told police that Shannon M. Goldston hit Gates during the course of an altercation.  Police believe that the accident was intentional and have charged and jailed Goldston at Western Tidewater Regional.  Goldston has been charged with malicious wounding, hit and run with property damage, driving a motor vehicle with a suspended license and reckless driving.    

Police arrived upon the scene of the accident at E. Washington Street and 9th Street to find Gates suffering from various serious injuries.  He was transported to Sentara Norfolk General Hospital and treated for multiple injuries. 

With the help of several eye witnesses Virginia troopers were able to identify the vehicle involved in the accident and find Goldston, who lives near the scene of the accident.  

The attorneys at Tavss Fletcher hope that Mr. Gates is on well his way to recovering from his injuries.

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Thousands Ticked, Arrested by Va State Police on I66 and I64

The Virginia State Police have completed their fifth targeted weekend patrol of the year.  The campaign, known as Operation Air Land and Speed, targets drivers on Virginia's two interstate corridors, I66 and I64. 

If you were traveling on these interstates and got a ticket don't be surprised.  State troopers cited and arrested over 2,000 people during the past weekends traffic safety campaign.  On I-66 officers cited 348 people for speeding, 82 for reckless driving, two for driving drunk and 17 for safety violations.  Six people were arrested for drug offenses or felonies. 

Interstate 64 netted even more violations for troopers.  Nearly 1,900 drivers were ticketed for speeding, 312 for reckless driving, seven for drunk driving and 135 for safety belt violations.      

Though some contest the fairness of such mass ticketing campaigns, police will continue to use the targeted safety checks.  Col. W. Steven Flaherty believes that their increased presence improves the safety of Virginia's interstates. 

"By stepping up our presence on selected interstate corridors, we know it directly affects drivers' behaviors and actions," said Col. Flaherty. 

If you have received a traffic ticket or believe that you have been unfairly arrested please contact your Virginia Beach criminal law attorney at Tavss Fletcher today for your free consultation.

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Truck Driver from Chesapeake, Va. Charged with DUI After Accident

The truck driver who caused an accident on Interstate 64 has been charged with operating a motor vehicle under the influence of alcohol.  The driver lost control of his tractor trailer at about 3:16 am.  The man, Daniel Dehaven, 38, of Chesapeake, Va. was traveling westbound I-64 when the accident occurred.

Fortunately there were no injuries reported and the semi was the only vehicle involved in the crash.  Morehead Fire Department Chief Jeff Anderson reported that the accident was not severe and that the semi had tipped over without doing too much damage. 

The driver indicated that he was, "hauling 200 gallons drums of liquid animal fat."  Clean-up crews did have to work to offload the truck and aid in reopening the highway.  One lane of I-64 was closed for several hours. 

The driver is being held in the Rowan County Detention Center on DUI charges.  The accident is still under investigation by State Trooper Chris Jones. 

The staff and attorneys at Tavss Fletcher have seen too many people injured by the reckless actions of truck drivers.  We are glad to see that this accident did not lead to any injuries.   

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Two Motorcycle Officers Injured During Accident in Purcellville, Va.

A serious accident involving two motorcycle police officers and another vehicle seriously injured the two officers.  The officers are with the Virginia Loudoun County sheriff's office and were on-duty when they collided with another vehicle.

According to reports the officers were traveling on Harpers Ferry Road near Purcellville, Va. when a vehicle going the opposite direction pulled in front of them.  Both deputies attempted to avoid the collision by swerving, however one motorcycle struck the vehicle.  The other lost control while attempting to avoid the accident.  Both officers were taken by helicopter to Inova Fairfax Hospital for serious but non-life threatening injuries.     

The accident attorneys at Tavss Fletcher know all too well the dangers that motorcyclists face each time they hit the road.  Drivers are often too distracted to pay attention to the road and bikers are most venerable when drivers don't look before they make a move in traffic.

Our staff and attorneys hope that the injured motorcycle officers are on their way to making a full recovery.    

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Drug Charges Against Three North Carolina State Athletes Dropped

Three football players from North Carolina State are breathing a sigh of relief. Drug charges stemming from an illegal search and seizure have been dropped.  District Court Judge Keith Gregory has ruled that the search of the players' apartment was illegal.  The search was performed by an off-duty Raleigh police officer.

According to a warrant, obtained after the seizure, the off-duty officer detected a strong smell of marijuana coming from the apartment.   The judge ruled that the police illegally entered the premises without permission or a proper search warrant.

The drug charges against the players included possession of marijuana, drug paraphernalia and maintaining a dwelling for the use of a controlled substance. 

North Carolina State's head football coach, Tom O'Brien, stated that at all involved players will be joining the team when it starts practice. 

At the time of this report neither the Wake County DA's office nor the defense attorney could be reached for a comment. 

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Virginia Beach Restaurant Owner Arrested On Drug Charges

A federal indictment from the Drug Enforcement Administration (DEA) has lead to three arrests.  "Big Daddy" Fred Wills Junior, his wife Makishea Wills and "Lil' Daddy" Kendall Callaham have been arrested for operating a $9 million drug ring for over a decade.  The DEA is calling this bust one of the largest in Hampton Roads.

Wills is the owner of Big Daddy's Touch of the South restaurant on Virginia Beach Boulevard.  Friends and restaurant patrons saw Big Daddy as a person who was doing good work for the community.  Robert Williams frequented the restaurant and had only seen the good side of Wills.

"He's done a lot of philanthropic activities, he's given to the homeless, he's fed the homeless and you know people were just like wow- you never know."

However, the DEA says that the restaurant was a way for Wills and his partners to deal cocaine and launder the drug money.  The indictment alleges that the ring sold more than 224 pounds of cocaine and smaller amounts of marijuana over ten years.

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Large Truck, Dump Truck Crash in Polk County, NC

A large truck accident recently occurred in Polk County, NC.  The accident occurred near mile marker 62 just before Saluda on I-26. 

The vehicles were headed west when a dump truck loaded with gravel overturned.  The truck spilled its load onto I-26 shortly before being struck by a semi-truck.  The accident occurred late at night yet there was at least one eyewitness to the aftermath of the crash.

A man approached the scene and saw the 18-wheeler crash into a railing and begin to pour out smoke. 

"It was a mess of cars coming to a stop, which was a good thing because it could have caused some serious damage to a lot of folks."

 Both drivers sustained injuries during the accident.  Both were treated for minor injuries and no other vehicles were involved.  The driver of the semi truck has been ticked by police for failing to reduce speed.

The personal injury attorneys at Tavss Fletcher are glad to see that crash caused only minor injuries.  Too often we see clients who have been seriously injured, even disabled, after an accident with a large truck.  We hope that both injured parties recover quickly and fully from their injuries. 

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Norfolk Man Sentenced to 23 Years on Multiple Drug Charges

A repeat drug offender who was arrested on various charges has been sentenced to 23 years in a federal prison.  The Norfolk man, 42-year-old Dion C. Cameron, pleaded guilty to distributing more than 100 pounds of heroin, 9 pounds of cocaine and more than 37 pounds of marijuana over the past 10 years. 

According to the U.S. attorney's office, Cameron and others in his drug ring were making trips up to New York.  They would pick up the various drugs there and distribute them in Portsmouth, Norfolk, Hampton and Newport News.  Cameron also pled guilty to carrying a firearm during a drug-trafficking crime.

Court records have shown that Cameron had a long history of dealing drugs.  If convicted of all charges he could have faced life in prison.  However, due to his guilty plea agreement his sentence was set at 23 years.          

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Victim Awarded $3 Million in Virginia Medical Malpractice Lawsuit

Though the cap on medical malpractice suits limits med mal awards to $1.5 million, a jury recently awarded one medical mistake victim $3 million.       Shannon Taylor underwent a hysterectomy, a fairly common procedure.  However, according to the suit the surgeon made serious mistakes that lead to others surgeries and possible life-long complications. 

The complaint, filed in 2009, claims that Dr. Averill, a surgeon from Winchester Womancare, "negligently, grossly negligently, and recklessly breached her duty of care to the Plaintiff Taylor," during and after performing a laparoscopically assisted vaginal hysterectomy.  Taylor suffered serious injuries directly caused by the surgeons' mistakes. 

Soon after the initial surgery Taylor had to undergo another emergency surgery.  The surgeons worked to remove sutures, repair the vaginal cuff and two or more lacerations in the anterior rectal wall.  The jury found that these serious complications were caused by the negligence of Dr. Averill. 

The attorneys at Tavss Fletcher would like to send our best wishes to Ms. Taylor.  We hope that she is on her way to making a full recovery. 

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Two Injured During Auto, Police Crash in Virginia Beach

A researcher studying the effects of drug use on car crashes was involved in a crash of his own on the way to the scene of an accident.  The man was the passenger in a police cruiser driven by a Hampton Beach police officer. 

 

Police report that the officer had eased into the intersection of South Plaza, stopped, changed the tone of his siren and then proceeded through the intersection when he was hit by a white SUV.  The SUV struck the cruiser on its passenger side, deploying its airbags and sending the police vehicle into a ditch.

 

At the time of this report a police spokeswoman had said that the police officer had been treated and released for non-life-threatening injuries.  The passenger was also on his way to recovering from non-serious injuries sustained during the crash.  Police credit the use of seatbelts and airbags for minimizing the accident victims' injuries.  The driver of the SUV was not hurt and no charges have been filed.

 

Despite the accident the research project, being done by the Pacific Institute for Research and Evaluation, should be completed by next summer; the projects original completion date.

 

The staff and attorneys at Tavss Fletcher hope that the injured parties are well on their way to making a full recovery. 

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Accidents on Shore Drive Prompt A Speed Limit Change

Last month we reported on a call to Virginia Beach officials to lower the speed limit and add more safety precautions for pedestrian on North Shore Drive.  Though officials and experts were hesitant to make the changes the public triumphed and changes are already taking place on the busy road.

So far crews with the city have changed 18 speed limit signs on Shore Dr.  The speed limit is being lowered from 45 mph to 35 mph.  Advocates of the change believe that lowering the speed limit will decrease the number of injurious, even deadly pedestrian accidents along the road.   

The changes will be carefully monitored by the Department of Public Works.  The agency will work to gather data to determine if the speed limit change, along with a crackdown on speeding along the street, will help reduce the number of pedestrian accidents. 

Other changes that will soon take place include adding flashing lights to existing pedestrian crossings, increasing the size of sidewalks and installing additional pedestrian crosswalks.

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Virginia Beach Brothers Indicted on Drug Charges

Though family ties run deep it is not often that brothers are indicted for the same crime on the same day.  However, two brothers from Virginia Beach were unlucky enough to have this distinction. 

Johnathan Leon Wright Jr., 28 and Dion Jimon Wright, 34, along with several "business" partners have been accused of growing and distributing marijuana in the Alanton neighborhood of Virginia Beach.  The brothers were able to obtain both exotic and mid-grade pot by using their own drivers and through common carrier.  The plants and seeds came from as far away as Arizona and California. 

In addition to the charges related to the marijuana distribution and growing operation the brothers are facing indictments related to the distribution of cocaine.  Their drug ring went on, unabated, for nearly five years before the Wrights were caught and arrested.   The brothers have retained the services of a criminal attorney.

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Norfolk, Va. Man Sentenced for Drug Trafficking

A major drug bust eight months ago has lead to a long prison sentence for one of the men involved.  Jeremy Christopher Carter, 28, or Norfolk, Va. was recently sentenced to 17 1/2 months in prison for the distribution of cocaine, a cocaine base and on a related firearm charge.  Carter was part of a group of dealers and traffickers using an apartment on Nevada Avenue. 

When police entered the apartment as part of a search warrant they found 174 grams of powder cocaine, 99 grams of crack, two assault rifles, a handgun and over $34,000 in cash.

The drug bust was organized and executed by both the Norfolk Police Department and the Federal Bureau of Investigation.  The prosecutor on the case was Assistant United States Attorney Darryl Mitchell.  The case was heard by United States District Judge Raymond A. Jackson. 

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Norfolk, Va. Car Accident Leaves Four Injured

A two car accident on Interstate 64 East in Norfolk led to serious injuries.  The accident occurred between the exits of Norview Avenue and Military Highway. 

Traffic was affected for some time after the accident.  It was reported that westbound traffic at the Hampton Roads Bridge Tunnel was back up to Granby Street.

According to witness accounts and Virginia State Police Spokeswoman Sgt.  Michelle Cotten, an SUV was hit by a vehicle that was changing lanes near Robin Hood Road.  The driver is being charged with making an unsafe lane change. 

Norfolk Fire Department spokesman Capt. Mike Marsala was off duty and on his way home when he came upon the scene of the accident.  According to Marsala he saw a vehicle overturned on the side of the interstate. 

The four injured accident victims were taken by fire and rescue to the hospital. All four were treated for non-life threatening injuries. 

The staff and attorneys at Tavss Fletcher hope that all injured parties are making a full and speedy recovery. 

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Study Finds Virginia Beach Teens More Likely to Crash in Morning

Everyone knows that drowsy driving can be dangerous.  However, one Eastern Virginia Medical School researcher took this idea a step further by looking at how waking up early affects teen drivers.  Robert Vonora, MD, looked at the incidence of morning accidents in the cities of Virginia Beach and Chesapeake. 

Using DMV data Vonora compared the teen crash rates in the two cities.  In Va. Beach high school students report to school at 7:20 while in Chesapeake classes don't begin until 8:40.  Vonora found that in Virginia Beach the rates of accidents involving teens were higher than in Chesapeake.  Also, in Chesapeake more accidents happened in the afternoon than in the morning. 

Dr. Vonora has suggested that schools adopt a later starting time.  He believes that this would help reduce crashes and improve student performance.

"When teens get insufficient sleep, there are more academic difficulties.  There may be more behavioral or mood difficulties and there may also be issues- unsurprisingly- with driving," he stated.

A spokeswoman with Va. Beach Schools has stated that at this time Virginia Beach City Public Schools are not considering a change in high school start times.

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Serious Accidents on Shore Drive Prompt Heated Debate

Though many have been concerned about the safety of Shore Drive in Virginia Beach for some time, recent deaths on the road have brought the issue to a head.  Family members of a Norfolk school teacher and many other concerned citizens have been raising funds and awareness over the perceived dangers to pedestrians on the 11-mile roadway.

In the past eight years ten pedestrians have been killed on Shore Drive.  In addition to the deaths there have been many accidents that injured both pedestrians and motorists. 

Despite the calls to lower the speed limit and add crosswalks City-Council appointed members of an advisory committee argue that the road is less dangerous than many in the city.  They believe that lowering the speed limit will not have an impact on lowering injuries and deaths.  In addition, Robert Gey, a top traffic engineer, believes that adding crosswalks and traffic signals will add more problems.

"It's phenomenally safe," said Gey.

However, families of the deceased do not believe this.  They too have looked at the numbers and believe that the fact that Shore Drive accounts for one of three pedestrian deaths citywide is unacceptable.

"How many people have to die before something is done?" asked Scott Hulce, father of the teacher who was hit and killed on Shore Drive last month.

The attorneys at Tavss Fletcher send our deep and sincere condolences to all of the families who have lost a loved one on Shore Drive and across Virginia Beach.   

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28 Arrested on Drug Charges During Norfolk Undercover Sting

"Operation Silver Fox" was a successful undercover sting headed up by the Norfolk, Virginia Police Department.  Multiple undercover agents posed as both drug dealers and potential buyers.  Police made multiple felony drug charges, seized three guns and arrested three others with drugs on their person or outstanding warrants.  All told the week long sting led to 47 arrests. 

The operation targeted areas of the city that are often plagued by drug activity.  The sting focused on the neighborhoods of Oakdale Farms/Denby Park, Fairmont Park, Park Place, Berkley/Campostella, Olde Huntersville and Lindenwood.

During the bust three officers made 90 buys that resulted in 47 individuals being charged with various crimes.  The officers' buys consisted primarily of crack and heroin. 

Despite the seemingly successful sting officers are reluctant to claim the win.  Sgt. Brian Atwood was part of the sting and has seen how deep the roots of the drug problem go.

"I don't think we we'll ever win this drug game, especially with the resources we have and the profit margin," Atwood said.  "It's so profitable for someone to do it."

The bust even netted dealers and buyers near the Berkley/Campostella Early Childhood Education Center.  A school zone sign reads "Drug-Free Area" yet the undercover officers made buys from 16 different dealers in close proximity to the school.

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Virginia Cyclist Suffers Head injury After Hit and Run Accident

Just ten minutes into a spring bicycle ride one member of a cycling group was forced off of the road and suffered a serious head injury.  The injured biker, a physics professor at Southwest Community College, was taking part in a six-man bike ride when an older red truck attempted to pass him.

The accident occurred on Old Saltworks Road in Abington.  The portion of the road where the accident occurred has both a double yellow line and a blind curve.  Despite this the diesel truck attempted to pass the group.  While passing, the driver saw a motorcycle approaching in the opposite direction and moved into the group of bikers.  Mike Seymour was leading the group and was aware of the truck approaching and then moving toward the cyclists. 

"We had to take to the ditch," Seymour said. "Either that or he was going to run over us.  I had a red fender just inches off my elbow."

At this point the professors' front wheel caught the wheel of the bike in front of him.  The professor, Ted Dingler, was thrown over his handlebars and landed head first on the street.

The motorcyclist and the cyclists all rushed to his aid.  The driver of the truck however, did not stop.  The accident is being called a hit and run. 

At the time of this report Dingler was conscious but suffering from amnesia.  According to his long time girlfriend he does not recognize her or any of his three children.  The family and doctors are hopeful that Dingler will recover from his head injury.  However, the road may be long and lead to some permanent brain damage.

The attorneys at Tavss Fletcher hope that Professor Dingler makes a quick and full recover from his injuries. 

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Virginia Beach Doctor Faces Multiple Medical Malpractice Lawsuits

A rheumatologist from Virginia Beach is being sued- and it's not for the first time.  The doctor, Stephen Plotnick, has over a dozen medical malpractice suits pending in local courts.  The newest suits, being brought by three of the doctors former patients, allege that the physician gave them an "erratic, experimental and heavy drug treatment" that affected all portions of their lives. 

The three plaintiffs, who were being treated for chronic pain, state that the prescription drug regime nearly destroyed their marriages and left them without employment. 

Beyond these claims, the doctor is being accused of contributing to the deaths of multiple patients.  Since 2004 ten of Plotnicks' patients have lost their lives while under his care.  Seven of these deaths were overdoses related to the prescription medications that Plotnick prescribed.

The first suit to be heard in Virginia Beach Circuit Court will be that of William Jeffcoat.  Jeffcoat began treatment with Plotnick in 2001 and was found dead in 2008 with a lethal level of methadone in his body.     

Medical malpractice attorneys from across Virginia Beach are representing the numerous plaintiffs seeking damages from Doctor Plotnick.

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Charlotte School Bus Accident Injures Students, Passengers in Car

For students in a northeast Charlotte school bus the ride to school was interrupted by a serious accident.  According to police, their school bus, on its way to Cochrane Middle School, was involved in an accident at North Sharon Amity Road near Milton Road. 

A spokeswoman for the Charlotte Mecklenburg Schools said that the bus, number 1384, was carrying 46 students to school when it collided with the car in front of it.  Though police say that none of the injuries were serious seven people were taken to Presbyterian Hospital.  Five of the injured were children from the school bus and two were from the other vehicle.  The other vehicle contained a small child and her mother.

An officer at the scene of the accident said that the bus appeared to have rear ended the car at a stop light. 

Recent accidents involving busses have prompted government and school officials to consider enacting a mandatory seat belt law on all busses.  Proponents of the proposals believe that seat belts would help prevent injuries and deaths while those opposed to such laws point to the rarity of serious injury during a school bus accident.

The staff and attorneys at Tavss Fletcher hope that all injured parties make full and quick recoveries from their injuries.   

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Man shot outside Norfolk nightclub after attempted robbery

A dark-skinned black man in his early 20s allegedly tried to rob two men in Norfolk, but the robbery attempt ended in one of the victims being shot.

 

The incident happened outside of Tropical Delights on Indian River Road around 1am.  The dark-skinned man approached two men leaving the establishment and demanded their belongings.  The men were not willing to part with their things, and in the ensuing struggle the perpetrator shot one of the men.

 

Police were called when shots were fired, but when they arrived there were people gathered but no victims.  Eventually the victim who was shot was found by Norfolk police in a vehicle and taken to the hospital for treatment.  His wounds were not serious.

 

The suspect had fled the scene and Norfolk police are still searching for him.  He is described as a heavily built black male, early 20s, approximately 5’8” tall.  He was wearing a white t-shirt with design, jeans, and had dreadlocks.

 

Police are seeking information about the incident, and ask anyone who can provide details to contact the Virginia Beach Crime Solvers Office at 1-888-LOCK-U-UP.  Police assure that anybody who provides information will remain anonymous, and they can also receive a cash award if their information leads to an arrest.

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Virginia Beach marijuana bust may lead to major drug ring distribution

The arrest of a Virginia Beach woman for marijuana possession may be connected to an operation that distributed over two tons of the drug.  Ashlee Bunn, 29, was arrested last month and charged with possession when she was stopped by Virginia Beach Police.

 

Police eventually discovered over 700 pounds in her car and residence.  However, that was apparently just the tip of the iceberg.  Informants told police that Bunn had been moving marijuana between Nashville and Virginia Beach, and may have moved as much as 2,000 to 4,000 pounds.

 

Bunn was splitting her time between Virginia Beach and Nashville, where she works in the business of rap music.  Last month she was busted with a suspected accomplice, Antonio Allen Anderson, who was also charged and is still in jail.  Police also found handguns and $50,000 in cash during a search of her Virginia Beach and Nashville residences.

 

The Assistant U.S. Attorney claims that Bunn is linked to a major drug ring that operates out of a nightclub located in Virginia Beach.  Bunn waived her right to a hearing and she is in jail pending grand jury action.

 

Additional accomplices may be busted in Hampton Roads and Nashville as the investigation continues.  It is likely that more arrests will be made in both Virginia and Tennessee.

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Two motorcycle riders injured after being hit by Jeep driver

A woman with a BAC well over the legal limit has been charged in relation to a crash that injured two motorcycle riders in the Virginia Beach area.

 

The woman, Juanita Demastus, 53, is in city jail right now with a May 10 court date.  She has been charged with driving with a BAC between 0.15 and 0.2, which is well above the legal limit in Virginia in 0.08.

 

According to police, Demastus hit a motorcycle with her 1997 Jeep Cherokee when returning home at about 9:15pm.  Demastus caused the crash when she pulled out in front of the Harley-Davidson motorcycle, which was traveling south on Rosemont Road.  She was headed west on Bancroft Drive, and should have yielded the right-of-way.

 

The motorcycle riders were unable to avoid the Jeep, and crashed into the side of it. The motorcycle driver had to be taken to the hospital by ambulance, and was left with head injuries. His passenger was released after being treated for minor injuries.

 

After causing the motorcycle wreck, Demastus fled the scene of the accident.  She was later arrested by police in the 600 block of Grant Ave. after being reported by one of her neighbors.

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Suffolk and North Carolina motorcycle crashes lead to fatalities

April has been a deadly month for motorcycle riders in our area.  In addition to fatal crashes in Virginia Beach and James City County, motorcycle wrecks in Suffolk and North Carolina’s Outer Banks claimed the lives of two more motorcycle riders.

 

A Suffolk accident at the intersection of Kings Fork Road and Joshua Lane claimed the life of a motorcycle rider when the rider was involved in a single-vehicle collision.  Additional details about the accident were being withheld pending notification of the victim’s family.

 

A woman riding a motorcycle in the Outer Banks was involved in a two-vehicle accident on N.C. 12 in Corolla.  The rider, Linda Monelavongsa, 27, of Baldwinsville, N.Y. was killed at the scene of the collision when the motorcycle driver lost control, crossed the center lane of the road and hit a van traveling in the other direction.

 

The motorcycle was being driven by Preston Cox, 30, also of Baldwinsville, N.Y.  He suffered a broken pelvis.  In interviews with the North Carolina State Highway Patrol, Cox claimed that the motorcycle may have had a malfunctioning steering system.

 

This brings to four the total number of people killed in motorcycle accidents in our area in the last two weeks.  Spring is usually a time for more motorcycle crashes, as riders dust off their bikes and take to the open road after a long, cold winter, but this number of fatal crashes so close together is unusual.

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Virginia Beach motorcycle rider dies after crashing into car

A motorcyclist died when he struck a car making a turn in the Pungo section of Virginia Beach.  According to a police spokesperson, the driver of a Jaguar turned left into a driveway from the southbound lane of Princess Anne Road.

 

According to witnesses the motorcycle rider was speeding south on Princess Anne Road and had passed several other vehicles before he crashed.  The accident happened just before 4pm last Sunday.

 

The motorcyclist, Douglas Michael Scott Hill, 33, was taken to Sentara Virginia Beach General Hospital.  He was pronounced dead shortly after arriving at the hospital.

 

No charges will be made against the the driver of the Jaguar, as according to Virginia Beach police the motorcyclist’s speed is believed to be the main contributing factor to the crash.

 

It was a deadly week for motorcycle crashes in the Virginia Beach / Hampton Roads area.  A motorcyclist, Garlon Turner, 50, was blown off of the James River Bridge.  He was killed in the accident.

 

Another man, Chris Karban, was killed a week before Hill.  Karban, a James City County firefighter, died on Route 199 in a motorcycle wreck that police blame on excess speed.

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Motorcycle safety classes make a difference in Norfolk, Virginia Beach

The Naval Safety Center in Norfolk, VA wants to remind all motorcycle riders that motorcycle safety classes don’t just save lives and prevent unnecessary injuries from accidents, they also save money.

 

The Navy and Marines started pushing motorcycle safety classes because in 2008 33 sailors and 25 marines were killed while riding motorcycles.  Shocked by the large number of fatalities, the Naval Safety Center partnered with the Motorcycle Safety Foundation (MSF) to create a special training course for military sport bike users.

 

The new course, Military Sportbike Rider Course (MSRC), is considered a success, because the following year fatality numbers were cut just about in half (13 sailors and 14 marines died on motorcycles).

 

To further push the importance of training, insurance companies are offering discounts to motorcycle riders who complete a motorcycle training course.  This is part of an effort to assist the Navy and Marine Corps in reducing the number of motorcycle crashes that kill or harm enlisted men and women and officers.

 

According to the Naval Safety Center’s motorcycle manager, some insurance companies are willing to give people who take a basic motorcycle safety class a ten percent discount on their insurance premium.  This is because riders who are versed in the fundamentals of motorcycle safety are less likely to become involved in a serious wreck.

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Virginia Beach arrest of two people charged with marijuana possession

Two people have been arrested in Virginia Beach and charged with possession of about 700 pounds of marijuana, which has a street value of over $1 million.  The individuals were suspected of wanting to sell the drug, which earned them a charge of intent to distribute.

 

The two individuals, Antonio Anderson, 28, of Newport News, and Ashlee Bunn, 29, of Nashville, Tennessee, were found with 225 pounds of marijuana in Virginia Beach.  After their arrest police searched a residence and found over $50,000 and a firearm.

 

Drug Enforcement Administration (DEA) officials and Virginia Beach Police Department officers also recovered 475 additional pounds of marijuana in Nashville.  The drugs were linked to Bunn and other co-conspirators.

 

According to police, Bunn tried to get her associates to relocate the marijuana before it was found by police, however she was unsuccessful.  Anderson and Bunn were each charged with conspiracy to possess with intent to distribute marijuana. 

 

According to Virginia marijuana possession and distribution sentencing guidelines, if convicted Anderson and Bunn could face up to 40 years in jail each and fines up to $2 million.  On top of they could also get four years of supervised release.

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Shots fired before Virginia Beach rollover crash

A Ford Explorer SUV crashed into a retaining wall on Interstate 264 in Virginia Beach during early morning hours, and the story that emerged after the crash had police perplexed.

 

According to the three teenage male occupants of the SUV, an unknown driver pulled up alongside their SUV and opened fire.  The gunshots hit the front passenger in the face.  The teens claimed that they had recently left the Hartz Café the Haygood Shopping Center.

 

After the shots were fired, the teens claimed that they were heading west on I-264 when they decided to turn around to go to the hospital.  While attempting to return to the highway at a fast speed driver lost control of the SUV.  As a result, the SUV traveled across all lanes of traffic and crashed into a retaining wall.

 

The force of the impact caused the Ford to rollover.  After the crash the front passenger with the gunshot wounds and the backseat passenger injured in the accident were taken to Sentara Virginia Beach General Hospital.  Both victims are in stable conditions.

 

While investigating the incident, police noted inconsistencies in the teens’ story.  Police also found evidence of shots being fired in the parking lot of the club and the intersection of Independence Boulevard and Pembroke Lake Circle.  The incident is still under investigation.

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Drug dealing charges for two Eastern Shore men

A year-long investigation into a suspected Eastern Shore drug ring has led to two arrests.  According to the Drug Enforcement Agency (DEA), the two men were responsible for distributing multiple pounds of cocaine, crack, and marijuana throughout the area.

 

The main suspect, Harry Byrd West (also known as “Kojak”), is an auto shop owner in the Eastern Shore area.  He was arrested along with an associate Terrance Durell Price.  Authorities were tipped off to the pair’s activities by an informant.

 

According to the informant, West traveled to Florida, North Carolina, and Delaware to source drugs.  The informant also claimed that West and Price made crack from cocaine in West’s Cheriton auto shop, AA Auto.  Another informant told the DEA that West had been dealing drugs for the last ten years.

 

The DEA worked with one informant who captured video and audio tapes of drug purchases from the suspects.  The DEA also arranged other drug purchases using a variety of other informants.  The DEA was also able to determine that West was dealing drugs from a Capeville trailer and a Machipongo house.

 

This isn’t the first time that West has been in trouble with the law.  In 2007 West was caught by police in a transaction involving nearly 9 pounds of cocaine, however he escaped before he could be arrested.

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Virginia Beach man arrested after leading police on wild chase

Police from Currituck County, North Carolina were led on a wild car chase by a Virginia Beach man Saturday.  According to authorities, the chase started in Moyock and ended when the driver crashed his vehicle on Battlefield Boulevard in Chesapeake.

 

The man, Dimitric K. Evans, 28, fled when sherriff’s office deputies from the drug interdiction team tried to stop his Toyota.  Evans sped away along N.C. 168, at speeds reaching over 100 miles per hour.

 

As he drove Evans threw a large amount of heroin, marijuana, and crack cocaine, all of which was recovered by the deputies.  The officers stopped chasing Evans when he crossed into Chesapeake.

 

Evans crashed his Toyota into four vehicles on Battlefield Boulevard at the intersection with Ceader Road.  The crash was not enough to stop him, however, and he crashed again in the 200 block of Battlefield.

 

According to Chesapeake police there were no injuries from either car crash.  After the second crash, police were able to arrest the driver of the Toyota and his two passengers. 

 

As a result of the incident Evans, a Virginia Beach resident, was charged in Chesapeake with four counts of hit and run and in Currituck County with felony fleeing to elude arrest.  One of Evans’ passengers has felony drug charges pending.

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Medical examiner’s past affects criminal cases in Norfolk

Can criminal defendants expect to receive a fair trial when the people trusted to investigate the crime are criminals themselves?  This is the question being asked by the Commonwealth’s Attorney’s office in Norfolk.

 

It turns out that a Norfolk medical examiner who performed autopsies on crime victims has a checkered past.  The medical examiner, Dr. Gary Zientek, has a history of brushes with the law over drug related offenses.

 

Zientek’s medical licsense was revoked in 2003, but later reinstated in 2007.  He has three misdemeanor convictions for obtaining drugs by fraud in Henrico County.  However, as a medical examiner trainee the Chief Medical Examiner claims that he was always under supervision and he was “one of the best trainees ever in Tidewater.”

 

According to a local news report investigation, Zientek participated in 175 autopsies for the medical examiner’s office, including 30 autopsies that were part of homicide cases.

 

Why is his drug offense past an issue?  In at least one case prosecutors decided not to pursue the death penalty against a murderer who pleaded guilty to killing his stepdaughter.  The man was convicted and sentenced to life in prison without parole; prosecutors worried that the blemishes on Zientek’s record would prevent them from securing the death penalty because Zientek had participated in the victim’s autopsy.

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Criminal charges may be filed in unusual shooting of 9 month old girl

After what is believed to have been an accidental shooting of a 9 month old girl, police are trying to decide whether or not to pursue criminal charges.  The Chesapeake Commonwealth’s attorney is being consulted to help make the decision.

 

Details on the case are thin, but according to Chesapeake police the girl, Makenna Rose Luman was being cared for by her parents Colton Jack Luman, 26, and Jessica Luman, 27, in a remote part of the Navy’s Northwest Annex near the North Carolina border.  All that is known is that Makenna was shot while with her parents at their home in the 800 block of Warbler Court.  She later died at the hospital.

 

A public affairs officer has stated that Mr. Luman is a Marine sergeant assigned to a training company of Marine Corps Security Force Regiment in Norfolk, Va.  According to the Virginia Pilot online, Luman had a firearms permit and was licensed by the California Bureau of Security and Investigative Services as a guard on and off over the last four years.

 

Statistically, firearm deaths of children under the age of five are usually accidental.  However, under Virginia law an individual who discharges a firearm inside an occupied dwelling can be charged with involuntary manslaughter.  This is true even if the shooting is done without malice, as is often the case with accidental shooting deaths of children.

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New Virginia Beach helicopter could save auto accident victims’ lives

Good news for auto accident victims seriously injured in Virginia Beach or nearby areas: there is a new $2.9 million helicopter available to take injured people to local hospitals in a fraction of the time that it takes an ambulance to make such a trip.

 

Emergency responders in the Virginia Beach area are excited to have a new useful tool at their disposal, and the chopper has already saved two accident victims’ lives.  The expensive new helicopter was bought by the Virginia Beach Police Department with a combination of federal drug forfeiture money, city reserve money and leftover vacant position salary dollars.

 

The helicopter won’t be used exclusively for traffic crash victims; it is also intended to help fight crime.  It is capable of shining high-intensity spotlights on fugitives and assisting in police chases.  It can also be used to assist the fire department in fighting fires.

 

In order to save car crash victims, fight crime, douse fires and more, the helicopter is well outfitted.  It contains state of the art medical equipment, upgraded navigation systems, floats for emergency water landings, an infrared system for locating cars and humans, a human hoist, and a powerful “night sun” flashlight.

 

Given the severity of some motor vehicle collisions in the Virginia Beach and Norfolk areas, it is reassuring that our emergency responders and the police department have access to this sophisticated life-saving tool.

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$9.45 million awarded to woman in Prempro breast cancer case

A woman who claimed that a hormone-replacement drug manufactured by Pfizer Inc.’s Wyeth unit caused her breast cancer has been awarded $9.45 million by a jury.  The woman, Audrey Singleton, a retired school bus driver from Alabama, began taking the drug, Prempro, in August 1997 and took it until 2004.

 

At the time she started the drug, a mammogram came back normal.  She stopped taking Prempro only after she was diagnosed with breast cancer.  Singleton is one of 8,000 people suing Pfizer / Wyeth claiming that they were affected by cancer because of the drug.

 

The jury awarded Singleton $3.25 million in compensatory damages and $6 million in punitive damages, as well as $200,000 to Singleton’s husband for loss of consortium.

 

The drug Prempro is a combination of Wyeth’s estrogen-based drug Premarin and Pfizer Pharmacia & Upjohn’s progestin-based drug Provera.  Prempro was prescribed to women seeking relief from symptoms like hot flashes and mood swings.

 

A study in 2002 linked use of the drug to cancer.  Despite the study, Wyeth claims that Singleton’s doctor instructed her to continue taking Prempro.

 

It remains to be seen if the jury award will stand.  Two other jury verdicts that found against Pfizer were reversed post-trial and others are being challenged on appeal.

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Virginia Beach police sergeant charged with drunken driving

A Virginia State trooper pulled over a vehicle on Interstate 264 near the exit for Independence Boulevard in Virginia Beach, only to find a fellow officer behind the wheel.  The driver, Sgt. James Eric Riddick, 37, was suspected of drunken driving when the stop was made.

 

According to the arresting officer, Riddick – who was off-duty at the time – was weaving, failed field sobriety testing, and smelled strongly of alcohol.  A blood test administered two hours after the traffic stop registered Riddick’s blood-alcohol concentration (BAC) at 0.18, which is more than twice Virginia’s legal limit of 0.08.

 

As a result, Riddick was charged with driving under the influence of alcohol (DUI), had to post $500 bond, and must appear before the General District Court next month.

 

Riddick, a fifteen year veteran of the Police Department, is currently on administrative leave pending the outcome of an internal investigation and ultimately the outcome of his trial.  He was apparently a highly regarded police officer, with 24 letters of recommendation and various commendations on his record.

 

This is not the first time that a police officer was arrested for drunken driving.  Last June Bryan K. Womble, a Virginia Beach police officer, was caught driving under the influence with a BAC of 0.15.  Womble’s arrest was a surprise to many, as he was a member of the Traffic Safety Unit, formerly known as the Selective Enforcement Team, a group targeting impaired drivers.

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Virginia Beach woman facing trial for DUI fatality

Natasha Herzog, 29, the Virginia Beach woman accused of killing a pedestrian and seriously injuring another while driving drunk has been convicted on charges related to the case.  Herzog will also face additional charges in Circuit Court.

 

General District Judge Steven Frucci has convicted Herzog of driving under the influence (DUI) and refusing to take a breath test.  He also ruled that there is enough evidence for Herzog to be tried in Circuit Court on charges of involuntary manslaughter and malicious wounding.

 

Herzog, whose previous requests for bond were denied twice, chose to appeal the DUI and breath test refusal convictions to the Circuit Court.  She has been described in previous court appearances as a flight risk and a danger to the community.

 

Herzog struck two pedestrians in November at Town Center while driving drunk.  One pedestrian, Hunter Richardson, 23, was killed in the accident and the other, Charlotte Straats, is confined to a wheelchair with serious leg injuries.

 

This is not the first time that Herzog has been in trouble with the law.  In 2000, twice in 2001 and again in 2002 she was charged with driving on a suspended license.  She was also charged with reckless driving in 2000 and again in 2004, and failed to show up in court in 2000 and 2004.

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Suffolk man charged in teen gun death

A 29 year old Suffolk man has been arrested and charged with killing a teen during a shooting near Booker T. Washington High School.  Norfolk police were alerted to the incident when a call came in claiming gunshots were heard in the 1200 block of Maltby Avenue.

 

When police responded to the call, they found the victim on the ground.  He was quickly taken to Sentara Norfolk General Hospital with life threatening injuries from what police believed were gunshot wounds.  He later died at the hospital.

 

The perpetrator, Dominic Lorenzo Myrick, of Pine Street in Suffolk, has been charged with murder and use of a firearm for his role in the death of the victim Daquan Mario Hill, 19, from Norfolk.  Norfolk and Suffolk police worked together to apprehend and charge Myrick.

 

Hill’s death is the fourth homicide so far this year in Norfolk, and all other victims have been young men in their teens or twenties who have been shot.

 

Myrick was apprehended by police without incident, and after being charged was sent to be held in Norfolk County Jail.

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Chesapeake man sentenced in motorcycle traffic death

A man accused of contributing to the death of a Grady motorcycle rider in August of 2007 was recently sentenced to a minimum jail sentence of two years and five months and a maximum sentence of three years and eight months.  The man, 46 year old Paul Graves Hill, pleaded guilty to felony death by motor vehicle in Currituck Superior Court.

 

Hill was driving a pickup truck on Southland Trade the night of the accident, and tried to cross five lanes of traffic to reach a dealership.  As he was cutting across the lanes he got in the way of Williams’ motorcycle, causing Williams to crash into the pickup truck.

 

As a result of the collision Williams was thrown into the air and landed on the highway.  He died after being airlifted to Sentara Norfolk General Hospital suffering from a traumatic brain injury.

 

Hill was originally charged with driving while impaired, murder, and felony death by motor vehicle.  He pleaded guilty only to the felony charge as part of a plea agreement with the prosecution.  The judge accepted the plea only after it was agreed to by the family of the victim, Ruby Williams.

 

According to the Assistant District Attorney in the case, Williams’ family agreed to the plea deal to ensure that Hill would spend time in jail.  The family feared, according to the assistant DA, that he might receive a lighter sentence if he went before a jury.

 

Hill will begin his prison sentence March 6, after undergoing surgery he had scheduled before the trial.  Hill has been arrested twice before for driving while impaired, once in 1991 and again in 2000, when he was convicted.

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Involuntary manslaughter charges for man who killed two in DUI crash

A man accused of killing two people while intoxicated has been charged with two counts involuntary manslaughter and drunken driving.  The man, Christopher D. Dockiewicz, 44, hit the couple’s vehicle, which was headed north on Princess Ann Road in the middle of the afternoon.

 

The two people in the other car were pinned inside their vehicle.  Firefighters and paramedics tried to save them, but to no avail.  The driver, Anthony Tonking, 74, died at a Virginia Beach hospital from injuries sustained in the crash.  His wife, Mary Jean Tonking, 72, died at the scene of the accident.  Both were wearing their seatbelts when the accident happened.

 

According to police, Dockiewicz had been speeding and passing other cars before the crash.  At the time of the accident he had lost control of his vehicle on a sharp turn, veering into oncoming traffic and hitting the Tonkings.

 

Dockiewicz was also taken to the hospital to be treated for his injuries, where he was guarded by sherriff’s deputies.  He was later transferred to city jail and denied bond.  The involuntary manslaughter charges against Dockiewicz are felony charges that could put him behind bars for ten years.

 

The accident is still under investigation.

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Pro football hall of famer pleads guilty to DUI in plea deal

Bruce Smith, a retired professional football player who was inducted into the Hall of Fame in August, agreed to plead guilty to charges of drunken driving in an incident that happened last May.  Smith was originally convicted of driving under the influence, speeding, and refusing to take a blood or breath test.

 

The first conviction happened in the General District Court.  Smith appealed the verdict, and the case ended up in the Circuit Court where he agreed to please guilty to the DUI charge in exchange for the prosecutors dropping the speeding and blood / breath test refusal charges.

 

As a result of pleading guilty and being convicted of the DUI, Smith’s license will be restricted for one year and he will have to remain on good behavior, in addition to a 90 day suspended jail sentence, a $1,000 fine, and enrollment in an alcohol-safety program.

 

Smith was originally arrested by Virginia Beach police officer Bryan Womble, who himself was arrested the very next month for driving while intoxicated while off-duty.  Womble plead guilty and lost his job with the police force, factors in the case that were taken into account by prosecutors when reaching a deal with Smith.

 

This was the third DUI arrest for Smith, who was charged with driving under the influence in 1997 and again in 2003.  The first charges in 1997 were dismissed and Smith was acquitted of the second charges six years later.

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Experts warn of the dangers to patients at medical spas

There are around 1,800 medical spas in the United States, and their growing popularity has experts concerned about patient safety and charges of medical malpractice.  These spas, which are facilities that provide both cosmetic and outpatient medical treatments to consumers, are a massive growth injury.

 

Patients – or as they are more commonly known, clients – can undergo everything from chemosurgery for skin cancer to reconstructive surgery to laser hair removal and liposuction.  This may not seem like a big deal, but the real problem is the lack of regulation in the medical spa industry, and that combined with the increasingly complicated procedures being offered are of concern to some.

 

Medical spas are being scrutinized right now after the death of a 37 year old woman who went to a Florida MedSpa for liposuction.  During the procedure the woman experienced seizures and never regained consciousness.

 

An investigation found a number of issues with the procedure, which has prompted talk of legislation to control what types of procedures can be performed at medical spas, what credentials the doctors and other staff must have, and who can own such a spa.

 

For some, the training and experience of medical spa providers is the biggest issue.  Legislation targeted at ensuring that medical spa caregivers have the education and experienced necessary to perform medical procedures is likely to be seen in more and more states.

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A new way to catch preventable medical mistakes?

Preventable medical mistakes are estimated to kill anywhere from 44,000 to 98,000 people every year in the United States, and medical experts and hospitals have been struggling to find ways to catch these errors before they kill or harm patients.

 

Not only are preventable medical mistakes of concern to healthcare professionals, near-miss medical mistakes are a concern as well.  There is no way to count the number of near-misses that happen every year – mistakes that could have happened had they not been caught in time – and this is of great concern.

 

One internal medicine specialist believes that doctors and hospitals can cut down on the number preventable medical mistakes by keeping track of these near-miss cases.  The specialist, Dr. Ethan Fried, the Vice Chairman for Education for the Department of Medicine at St. Luke’s Roosevelt Hospital in Manhattan, has created a near-miss registry.

 

This registry Dr. Fried created is an online reporting system that allows doctors and other healthcare professionals to anonymously report details of a near-miss, a medical mistake that was corrected before it harmed the patient.  Health agencies and hospitals can then use this “treasure trove” of information to pinpoint weaknesses in the healthcare system, and make changes or educate doctors so the mistake does not recur.

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Another Virginia Beach police officer accused of DUI hit-and-run

A Virginia Beach police officer has been charges with driving under the influence and hit-and-run after a weekend accident.  This is the second time this year that a Virginia Beach police officer has been charged with both DUI and hit and run.

 

The officer, Stephane Prevot, crashed into a neighbor’s mailbox in the 1100 block of Myrtle Avenue in Chesapeake just before noon on Saturday.  As a result of the accident Prevot has been charged with DUI and hit-and-run.

 

A Virginia Beach spokesperson declined to provide any additional details about the case.  All the spokesperson would tell reporters is that Prevot has been a Virginia Beach police officer since January 2005.

 

The first Virginia Beach police officer charged with DUI and hit-and-run was Bryan K. Womble, 37.  In June Womble hit a car in Virginia Beach, drove away, and was later stopped by another officer.  Womble was found to have a BAC of 0.15 at the time of the incident.

 

Since his initial arrest Womble pled guilty and was convicted of the DUI and hit-and-run charges, spent 5 days in jail, and will also have to pay a $500 fine, lose his license for a year, attend alcohol safety awareness classes, and use an ignition interlock device for six months.  Womble also lost his job as a result of the conviction.

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Navy, Virginia Beach police believe DUIs can be stopped before they happen

The Navy and the Virginia Beach Police have been working together to try and stop sailors from driving while intoxicated.  The Navy offers several programs to educate sailors about the risks and consequences of driving drunk, and they hope that their message will stick long after sailors return home.

 

Intoxicated Navy sailors have been a challenge for Virginia Beach police.  Given the large concentration of Navy personnel in the area, a fairly high proportion of DUI arrests are Navy men and women.

 

The programs appear to be having a positive effect.  According to the Alcohol and Drug Control Officer for the Navy’s Fleet Forces Command, drunken driving arrests are down 6 percent for Tidewater based sailors and down 9 percent for local commands that have hosted DUI-prevention lectures.

 

One member of the Virginia Beach Police’s Traffic Safety Unit, a group that focuses on stopping drunk driving, believes the decreases can be attributed to a fundamental change in Navy culture.  Some experts believe that culture change, rather than stiffer penalties, is the most effective way to reduce the number of drunk drivers on local roads.

 

The effort to cut down on the number of Navy sailors arrested for DUI is an ongoing battle, however, and despite improvements drunken sailors are still a problem across the Virginia Beach area.

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No bond for woman charged with DUI manslaughter

A Virginia Beach woman who hit two pedestrians at Town Center last month has been denied bond.  She is in Virginia Beach jail and faces charges of DUI-second offense, refusal to take a breathalyzer, manslaughter and maiming.

 

The charges stem from an incident last month when the woman, 29 year old Natasha Herzog, drover her SUV into two pedestrians at the intersection of Columbus Street and Market Street near Town Center.

 

One pedestrian, a woman, 23, was taken to the hospital where she was found to have several broken bones and need surgery.  She is expected to recover.

 

The other pedestrian, Hunter Richardson, 23, suffered massive internal injuries when hit by Herzog, and died not long after the crash.  Richardson, an only child, was a recent graduate of Virginia Tech, and had a degree in Economics and Environmental Science.  He was buried at Centenary United Methodist Churt in Portsmouth.

 

Herzog, who has been arrested for drunken driving before, will remain in jail until her next court date, which is scheduled for January 14, 2010.

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Still no driver charged in hit-and-run crash that killed Norfolk man

One year ago Michael Hill, 47, was killed when his Honda Passport was hit by a stolen Infiniti that ran a stop sign at 55mph near West 25th Street and Colonial Avenue.  Hill was hit on his way to the grocery store by three people in the Infiniti, all of whom ran from the scene after their vehicle crashed.

 

The Infiniti occupants did not call for help nor did they check on Hill, who was left to die.  One year later, two of the three people from the stolen Infiniti have been identified, but neither was charged as the driver and the third person has not been found.

 

Several months after the incident two people were charged in relation to the crash.  A 21 year old Norfolk man, Doncelle McClendon and a 17 year old girl both pleaded guilty to hit-and-run charges.

 

McClendon was sentenced to 16 months in jail, with three years suspended.  The teenage girl was tried as a juvenile and was sentenced to one month in jail with 11 months suspended.

 

McClendon will be out of jail in April, and the teen is already free.  Neither McClendon nor the teen were charged as the driver of the car that killed Hill, and neither was charged with stealing the Infiniti.

 

Hill’s family is struggling with the lack of closure and frustration that the third vehicle occupant was not identified nor was anyone held accountable for Hill’s tragic and untimely death.

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Your doctor’s state of mind could affect the outcome of your surgery

A large new study has shown that surgeons who describe themselves as burned out or depressed are more likely to make major medical mistakes at work.  These findings are significant considering that as many as 10 percent of all hospitalized patients are affected by medical mistakes.

 

Fatigue and long working hours are often cited as reasons for doctor errors, but this study brings mental health issues to the forefront and underscores the importance that happiness and job satisfaction have on job performance.

 

The questions asked by researchers included those intended to rate emotional exhaustion, depersonalization and personal accomplishment – all elements of job burnout.  Questions also included those intended to screen for signs of depression.

 

Data in the survey was made up of responses from 7,905 surgeons, 40 percent of whom responded that they were burned out and 9 percent responded that they had made a major medical mistake in the previous three months.

 

What the survey did not show was the number of nights on call per week and the number of hours worked negatively impacting surgeon’s work performance.  Those who worked hard for long hours were not more likely to make mistakes, according to the survey results.

 

The study may push hospitals to more closely monitor their surgeons for signs of depression or burnout, especially if such factors have a clear impact on patient safety and the bottom line.

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Virginia man pleads guilty to racketeering charges in Pagans Motorcycle Club case

A Virginia businessman, one of 55 members of the Pagans Motorcycle Club charged with a variety of crimes, has agreed to cooperate with prosecutors.  He has pleaded guilty to extortion before a U.S. District Judge in Charleston, and faces up to 20 years in prison.

 

The Pagans Motorcycle Club case involves murder conspiracy, kidnapping and other charges against members in West Virginia, Virginia, Kentucky, Pennsylvania, New Jersey, New York, Florida and Delaware.

 

The businessman, John N. Maggio, 47, admitted in his plea agreement to conspiring last year with the Pagan’s indicted national vice president to extort nearly $30,000 from two business associates.

 

According to Maggio the extortion plot began when he asked the vice president for help collecting some unpaid debt.  The vice president, Floyd “Diamond Jesse” Moore, has pleaded not guilty to a number of charges that include racketeering, murder conspiracy and threatening witnesses.

 

In the plea agreement Maggio was recorded telling an associate of Moore’s where to find the people who owed him money and what they looked like.  He also stated that he did not care whether or not they were injured or how badly.

 

A total of six defendants in the sweeping federal case involving members of the Pagans Motorcycle Club have pleaded guilty to charges.  Additional guilty pleas may follow.

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Virginia Beach man pleads guilty in $3M wire fraud case

A Virginia Beach resident has pleaded guilty to federal wire fraud charges in a massive mortgage fraud scheme.  Wayne M.B. Lezama, 44, a former real estate agent, agreed to cooperate with authorities investigating the $3 million scheme.

 

Lezama entered his plea in the U.S. District Court in Norfolk, Virginia.  As a part of his plea agreement Lezama, originally from Buford, Georgia, will have to pay back at least $1 million lost by financial institutions in the scheme.  If convicted, he could face up to 30 years in prison and $1 million in fines in addition to having to make restitution.

 

The mortgage scheme took place during the real estate boom between August 2005 and January 2007, and included the submission of false financial information about down payments, monthly income and liquid assets.

 

Lezama took out mortgages on 11 houses in southeastern Virginia using an unidentified “straw buyer” and phony “gift letters”.  Lezama used the proceeds of the mortgages for himself, and lived in one of the properties, a $790,000 home in Virginia Beach.

 

Financial institutions on the hook for the mortgages taken out by Lezama were never paid and many of the homes went into foreclosure.  Lezama will be sentenced on February 23.

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Virginia Beach police officer headed to jail after DUI hit and run conviction

The Virginia Beach policeman found guilty of driving under the influence and hit and run after an accident on the Virginia Beach Oceanfront this past June will not file an appeal.  The officer, Bryan Womble, was convicted in Virginia Beach last month and is now headed to jail.

 

According to witnesses, Womble crashed into a car along the Virginia Beach Oceanfront and kept on driving.  He claimed that he did not intend to flee the scene of the crash but was instead disoriented from being hit in the face by his vehicle’s airbag.

 

Fellow officers testified against Womble at his trial, stating that Womble’s BAC came in at 0.15 on a breathalyzer test administered at the scene and also that Womble smelled like alcohol and was swaying and slurring.

 

Prior to his arrest Womble was a lead member of a local DUI enforcement team and was best known as the officer who arrested NFL Hall of Famer Bruce Smith for drunk driving.  Womble’s own DUI crash happened one month after Smith’s arrest, which was his third for driving under the influence.

 

As a result of his conviction Womble’s driver’s license will be suspended for 12 months, he will spend five days in jail, he’ll have to pay a $250 fine, and he will need to enroll in an alcohol safety awareness program.

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FBI reopening 23 year old Colonial Parkway criminal cold case

The families of the victims of the Colonial Parkway murders that started 23 years ago are getting renewed hope from the FBI.  The FBI met with the families in Newport News, and stated that they were putting an agent in charge of the case to do a bottom-up review of all the known facts.

 

Eight people were murdered and two people were never found after a crime spree in York County on the Colonial Parkway.  The families of the two victims who were never found are among those eager for answers in the case. 

 

Keith Call and Cassandra Hailey went missing from the Colonial Parkway on April 10, 1988 while out on a date.  Call’s parents have already passed away, but his surviving family members want to know what happened to him.

 

To help move the case forward, two medical examiners are going to help review records.  Retired Virginia Chief Medical Examiner Dr. Marcella Fierro and current state medical examiner Dr. Leah Bush plan to review the medical records of all the Colonial Parkway murder victims.

 

Family members of the murder victims are calling for DNA testing by the FBI.  Some in the law enforcement community are concerned that DNA testing was never performed in any of the murder cases.

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Red light cameras in Virginia Beach declared a success

Officials in Virginia Beach were given the go-ahead to install red light cameras in intersections earlier this year, and recently released data has law enforcement officers declaring them a success.

 

The cameras were installed in March, and from March 13 to September 30 13,987 citations were issued to drivers who ran red lights.

 

According to officials, during this time period the Virginia Beach PhotoSafe Program resulted in a 69 percent drop in red light running incidents at intersections that were being monitored.  Virginia Beach has approval to install a total of 20 camera systems at 13 Virginia Beach intersections.  Eleven were installed over the last six months.

 

The success of the red light camera program from PHOTOSafe means that other Virginia cities will be seeing red light cameras in their intersections soon.  The program is expected to expand to Chesapeake and Newport News next.

 

The goal of the program, according to the PHOTOSafe program coordinator, is not to reduce the number of red light runners.  The goal is actually to reduce the number of deadly right-angle crashes, one of the most severe types of vehicle collisions.

 

Earlier this month a woman and her daughter were killed when the vehicle in which they were riding was hit by a driver who ran a red light.  Officials hope that accidents like these will become less common as the red light cameras spread across Virginia Beach and into surrounding cities.

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Chesapeake car crash victims saved by good Samaritans

Interstate 664 near the Bowers Hill exit in Chesapeake, VA was the scene of a fiery car crash early last Friday morning.

 

According to witnesses, a 2009 Dodge Viper was traveling on I-664 at speeds over 100 miles per hour when the driver lost control, skidded off the interstate, crashed into a tree and burst into flames

 

A tractor-trailer driver who witnessed the accident stopped to help.  He used his fire extinguisher to try and control the flames.  Another driver stopped to help, and freed the driver of the Viper from the burning car.

 

The driver of the Viper was eventually freed from the flaming vehicle and the Viper’s passenger was rescued as well.  Both men were taken to Sentara Norfolk General Hospital with burns and cuts.

 

The tractor-trailer driver was not injured in the rescue and left the accident scene.  The other driver who stopped to help was taken to Chesapeake General Hospital and treated for minor cuts.

 

Police say that they plan to charge the driver of the Viper with reckless driving, and may add additional charges as the investigation progresses.

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$4.3 million jury award for family after doctors fail to diagnose serious infection

The family of a girl whose enterovirus infection was not diagnosed until she suffered a variety of serious medical issues was awarded $4.3 million by a Florida jury.  The verdict is long overdue for the family, who originally filed their lawsuit in 1996.  A mistrial was declared in 2007, however the case went back to court this past August, leading to the recent jury award.

 

When baby Haylee Kroll was born in 1994, the doctors told her parents that the large bruises appearing on her body were nothing to worry about.  By the time doctors finally figured out what was going on, she had suffered from jaundice, liver scarring and a blood clot in her brain.

 

A six-member Broward Circuit Court jury found two of the doctors in Haylee’s case guilty of medical malpractice, and determined that two other doctors were not liable.  The hospital where Haylee was born, Coral Springs Medical Center, was not named in the suit.

 

The doctors, Sedigheh Zolfaghari and Jose Colindres, were accused of failing to recognize the seriousness of Haylee’s condition and failing to order blood and liver tests that would have revealed what was wrong with her.

 

Now 15 years old, Haylee Kroll suffers from lifelong disabilities, including vision problems, permanent cirrhosis of the liver and learning disabilities.

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Mother and daughter killed in fatal two-car Virginia Beach crash

A woman and her daughter from Emporia were killed when the vehicle in which they were riding was struck by a vehicle running a red light.  The woman’s husband, the driver of the car, survived the crash as did their 2-year old son.

 

The accident happened at the intersection of Dam Neck Road and Corporate Landing Parkway.  Police believe that the other driver, a 57-year old woman in a 2006 Scion TC, ran a red light and hit the 2003 GMC Yukon in which the victims were riding.

 

The deceased woman, Tanya Woodruff Mise, 35, was not wearing a seatbelt when the accident happened and was thrown from the Yukon, which rolled several times as a result of the crash.  Her 4-year old daughter, Lauren Makenzie Mise, was in her car seat when the crash happened and investigators are trying to determine how was thrown from the vehicle.

 

Mrs. Mise was transported to Sentara Virginia Beach General Hospital, where she died.  Her daughter Lauren died at the scene of the crash.  Mr. Mise and his 2-year old son were not injured in the crash.

 

The driver of the Scion suffered minor injuries in the accident.  According to a police spokesperson the Virignia Beach Police Department’s Fatal Crash Team is investigating the incident and charges are pending.

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Biggest Toyota Recall in History on its way

The Toyota Motor Company will be announcing its biggest recall in history due to floor mat issues.  The recall was triggered after a tragic accident in San Diego recently left a man and his family dead.  As a result 3.8 million cars have may be recalled in hopes that future accidents will be prevented.

 

The first report of problematic floor mats was reported in 2004 in Toyota’s hybrid Prius.  Again in 2007, similar reports were made regarding the Toyota Camry and the company’s luxury Lexus ES 250.  Since then there have been 102 incident reports and 13 crashes which have resulted in 17 injuries and five deaths.

 

Problems arise when the faulty floor mat interfere with the accelerator pedal, depressing the pedal and causing the vehicle to speed out of control.

 

The incident in San Diego involved a Lexus carrying four passengers.  The floor mat jammed the accelerator pedal and the car crashed at speeds over 120 miles an hour.  All four passengers including a California Highway Patrolman were killed in the accident. 

 

The complete list of recalled vehicles includes:  2007-2010 Camry sedan, 2005-2010 Avalon sedan, 2004-2009 Prius hatchback, 2005-2010 Tacoma pickup, 2007-2010 Tundra pickup, 2007-2010 Lexus ES 250 sedan, 2006-2010 Lexus IS 250, and the IS 350 sedan.

 

The company is encouraging all Toyota and Lexus drivers to remove the drivers’ side floor mat and to not replace the mat until the car maker can produce an alternative. 

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Summit in DC Investigates Ways to Reduce Distracted Driving

The Department of Transportation held a two day Distracted Driving Summit to explore research on texting and using cell phones while driving.  Transportation Secretary Ray Lahood labeled the distracted driving issue as a serious epidemic, citing figures from the National Highway Traffic Safety Administration.  According to NHTSA data, 5,800 deaths and 515,000 injuries occurred last year from distracted driving. 

 

Congress is considering legislation that would require states to pass laws against texting while driving or else they could potentially lose a portion of their federal highway funds, calling it the ALERT Drivers Act of 2009 (Avoiding Life-Endangering and Reckless Texting by Drivers Act).

 

18 states have already passed bans on texting while driving; though enforcing these bans prove difficult.  Some reason that while these bans on texting and driving may help reduce accidents, it is up to the individual to make the right decision to remain attentive while driving.  Skeptics argue that anyone involved in a collision knows that even while being attentive, things go awry on the road far more quickly than most drivers can react.

 

Proponents of a nationwide ban point to a recent Virginia Tech study found that operators of large trucks are 23 times more likely to be involved in an accident if they are texting, and all drivers are six times more likely to have an accident by simply reaching for a phone, CD, or IPod.     

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Settlement Reached in Navy Medical Center Malpractice Case

The federal government denies any medical negligence after a Virginia Beach woman died after routine surgery.  Miriam Hadley passed away at age 43 in May 2006 at Portsmouth Navy Medical Center following a procedure to remove an infected boil.  A federal magistrate judge awarded Hadley’s family $450,000 to settle the medical malpractice case.  The federal government admitted no wrongdoing, simply stating that she died at the hospital. 

 

The attorney on Hadley’s behalf, Robert E. Brown, stated that Hadley was a high risk patient previously diagnosed with diabetes as well as other medical issues.  The anesthesiologist on the case failed to intubate Hadley post surgery while she was being moved from the operating room to the intensive care unit.

 

Experts agreed that she should have been fitted for a breathing tube, considering her preexisting conditions.  Hadley was left without a breathing tube for 15 minutes before her airway became obstructed and she stopped breathing.  She was resuscitated but did not wake up and was declared brain dead.  Hadley died four days later. 

 

Hadley’s husband and her college-age son were left behind.  Hadley was also a therapeutic foster mother, providing a safe and stable home for four foster children who had challenging situations.   Her son and husband will each receive $158,000, with the remaining settlement going towards fees and expenses for the case.  Hadley’s community was devastated following the tragedy, and the church she volunteered in renamed its outreach center the Miriam Hadley Outreach Ministry. 

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Two Dead after I-644 Head on Collision

53 year old Thomas Cody Weeks of Portsmouth and 65 year old Amy Goodman of Suffolk died after a morning rush hour head on collision.  Goodman was traveling southbound on I-664 when witnesses say her Chevrolet Cavalier began to weave and left the roadway.

 

Goodman was apparently driving home from where she worked in Hampton when the Cavalier veered off the highway, crossed the grass median, and collided into Thomas’ Chrysler PT Cruiser which was traveling north on the interstate.  The accident took place near Dock Landing Road. 

 

Sgt. Richard W. Walker of Virginia State Police stated that it seems Goodman made no attempt to avoid the accident.  Witnesses said that there were no evasive moves or attempts to brake as Goodman veered off the road at a 45 degree angle into oncoming traffic.

 

The Cavalier struck the Cruiser left headlight to left headlight.  Goodman was pronounced dead at the scene, and an autopsy is being performed to see if there were any existing medical conditions which may have caused the collision.  Weeks was flown by Nightingale Air Ambulance to Sentara Norfolk General Hospital and died while undergoing surgery.  There were no passengers in either vehicle. 

 

The northbound lanes of I-664 were shut down for approximately four hours while state police and a crash reconstruction team investigated the massive traffic accident.  

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Two Separate Incidences of Police Cruisers Hit by Passing Motorists

Holiday weekends typically mark an increase in accidents, drunken driving incidents and other road hazards.  This past Labor Day weekend, two Virginia State Police cruisers were struck on two separate occasions within one hour in Hampton.  In these cases both troopers were outside of their cars and neither of them was injured, stated Virginia State police spokeswoman, Sgt. Michelle Cotton. 

 

Trooper D.E.Jackson was stopped on the Mercury Boulevard ramp leading to 64 west investigating damage to a car that was involved in an accident.  A 17 year old driver of a 1997 Jeep Wrangler traveling up the ramp crashed into the cruiser.  The driver was charged with excessive speed. 

 

Less than one hour later, Trooper W.T. Desper was walking back to his cruiser after issuing a ticket when he saw a 1997 Honda Accord hit his cruiser from behind.  The driver, 21 year old Jason David Geise of Dumfries, suffered injuries in the crash and was taken to Riverside Regional Medical Center in Newport News.  Charges are pending against Geise.  Cotton reported that last year Desper had also received minor injuries while on motorcycle duty.

 

On average one state police officer or cruiser is injured or damaged each month from passing traffic.  Cotton stated that these accidents usually occur due to driver distractions such as use of cell phones or GPS devices.  State police are emphasizing education and enforcement of Virginia’s move-over law which is a primary offense subjecting violators to a possible one year in jail or a $2,500 fine. 

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Lifeguard truck hits beachgoer, sending victim to the hospital

A lifeguard truck struck a beachgoer on August 17, resulting in injuries that landed the victim in the hospital.  The accident happened in Virginia Beach near 35th Street around 5:45pm.

 

A lifeguard supervisor was driving a lifeguard truck when she accidentally struck the beachgoer.  This is the first time that the company providing lifeguard services to Virginia Beach, Lifesaving Service, has had an incident like this in their 79 year long history.

 

Before the injured beachgoer was transported to the hospital he received medical treatment from the lifeguard who caused the accident, as the lifeguard is also a paramedic.

 

The lifeguard supervisor has been working for Lifesaving Service for 10 years and is still employed there even after the accident.  The president of the company called the incident “an unfortunate accident”.

 

According to the Virginia Beach Police Department no police report was filed about the crash.  The president of Lifesaving Service wished the injured man a speedy recovery.

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Series of accidents claim 4 lives in Suffolk and Virginia Beach

A series of fatal accidents in Suffolk and Virginia Beach have taken the lives of four people and injured one other in mid-August.

 

A Sunday afternoon head-on crash between a pick-up truck and a sedan happened on Indian Trailroad near the intersection with Deerpath Road.  Two people were killed in the collision and another person had to be taken to the hospital with critical injuries.

 

Police were unclear what caused the head-on crash, and it is not yet known if drugs, speed, or alcohol were factors.  The two men, Shane Blair, 18, and Thomas Ashburn, 28, both of Suffolk, were pronounced dead at the scene of the crash.

 

The third victim was flown to Sentara Norfolk Hospital and was listed in critical condition.  Police were not able to specify which victim was riding in which vehicle.

 

There were also two separate motorcycle accidents in Virginia Beach that claimed the lives of two men.  The first victim, Scott Neill, 40, of Virginia Beach, lost control of his Harley Davidson motorcycle on Daimler Drive and crashed into a utility pole.

 

Neill was taken to Virginia Beach General Hospital after the being thrown from his motorcycle in the crash.  According to police he was wearing a helmet at the time of the accident but did not survive and died at the hospital.

 

Another man, George Watts, 39, was killed when he struck a BMW 750 with his Suzuki Boulevard motorcycle.  Watts was also wearing his helmet and was pronounced dead at the scene of the accident.

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Will Virginia Beach carjacker get more time because of toddler?

A man facing charges of carjacking a van from outside of a 7-11 in Virginia Beach could face a longer sentence than normal because the van he took had a toddler inside.  This is because some judges have been adding additional time to prison sentences if the crime occurs in the presence of a child.

 

State legislators appear to support this move, as the Virginia Criminal Sentencing Commission has requested data on how many crimes occur in front of children.  If the data is compelling, lawmakers may changes sentencing guidelines for crimes witnessed by or involving children.

 

The Commission began the study after seeing an uptick in reports that judges were increasing prison sentences when prosecutors argued that the presence of a child should be taken into consideration.  The study is believed to be the first of its kind in the entire United States.

 

So far only 11 jurisdictions have responded to the request for data, with some complaining that gathering this data is a strain on already limited resources.  The commission plans to unveil updated results in Richmond September 21.

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Third-time Chesapeake DUI offender caught at 4 times legal BAC limit

A woman is awaiting her sentence for DUI and maiming after a June 2008 accident on Route 58 in Chesapeake.  The woman, Betty Faye Torres, was caught with a BAC of 0.34, more than 4 times the legal limit of 0.08.

 

The accident happened last summer when Torres crashed into a car pulled over on the side of the road.  The other driver had pulled over to check his GPS when he was hit by Torres.  Paramedics responding at the scene found that Torres’ car contained a number of empty small liquor bottles.  Police also found a bottle of cognac in her car.

 

The jury in Torres’ trial ordered that she spend four years, 6 months in jail, however the judge set her free.  She is allowed to be free on bond until her sentencing in November as long as she does not drive, drink, and if she adheres to a curfew.

 

According to court records, Torres has been caught drinking and driving twice before.  The first time was on a Navy base, the second time was in Virginia Beach.  This time she injured the driver and passenger of the stopped car when she crashed into them.

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Recent U.S. Supreme Court ruling has lawmakers scrambling

In the past, if scientific DNA, drug, or breathalyzer test analysis was introduced in court, a sworn statement from the person who conducted the test was enough to validate its authenticity.  All that changed after of a recent U.S. Supreme Court ruling.

 

After the ruling, the person who could testify to the accuracy of the analysis was required by many Virginia judges to be present in the courtroom when the evidence was presented.  This was wreaking havoc in drunk driving cases especially, as there are only 3 people in all of Virginia who calibrate breathalyzers.

 

DUI charges against several individuals arrested for drunk driving were dropped or reduced when the individual who calibrated the breathalyzer was not able to be in court.  Forensic scientists were also scrambling to meet the requirements of the recent ruling, backing up courts and postponing cases for months.

 

In response to the chaos the Virginia General Assembly recently voted to modify the new requirement.  Lawmakers also added a timetable for defendants to challenge scientific evidence in their criminal case.

 

The chaos began after the U.S. Supreme Court ruled in the case of Melendez-Diaz v. Massachusetts that simply submitting paper evidence about intoxication, drug use, or DNA was not enough.

 

Now, prosecutors will be required to give defendants 28 days notice that they intend to use scientific analysis in the case.  Defendants then have 14 days to object to the use of such analysis without a testifying witness.

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First Pfizer lawsuit over Neurotonin suicide dropped

The family of a woman who killed herself while taking Pfizer’s epilepsy drug Neurotonin has dropped their lawsuit in the midst of the trial.  The decision to drop the suit was apparently made after an anonymous donor offered to put money into a trust for the woman’s 10 year old daughter.

 

The woman, Susan Bulger, was taking Neurotonin to combat mood swings and arthritis pain when she killed herself.  Pfizer lawyers argued that Bulger had a history of drug abuse and had tried to kill herself six times before she was successful.

 

Neurotonin is not labeled for treating mood swings or arthritis pain, but is often used that way by doctors prescribing it for off-label use.  The Bulgers also contended that Pfizer did not warn the public that the drug could increase a patient’s risk of suicide until they were forced to do so by the government.

 

The Bulger’s dropped lawsuit isn’t the last that Pfizer will hear from families of patients who killed or tried to kill themselves while taking Neurotonin.  This was the first of about 1,200 Neurotonin suits claiming that Pfizer should have warned patients and doctors that the drug could increase suicidal thoughts.  The next Neurotonin case will begin in Boston federal court in March.

 

In 2004 the company’s Warner-Lambert unit paid $430 million to settle off-label Neurotonin marketing allegations made by the U.S. Justice Department.

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Virginia Beach motorcyclist killed in Shore Drive crash

A motorcycle rider killed after he lost control of his motorcycle and crashed into a Ford Taurus has been identified by police as Matthew Mason, 24, of Bantry Lane in Virginia Beach.

 

Saturday morning Mason was speeding westbound in the 5700 block of Shore Drive on his Honda motorcycle when he lost control.  Mason drove through a grassy road median, hit a ‘Welcome to Virginia’ sign, and ended up in the eastbound lanes of Shore Drive where he then hit the ’91 Taurus.

 

Mason was taken to a local hospital for treatment, but he died from injuries he sustained in the crash.  According to police Mason was wearing a helmet at the time of the crash, but the accident was complicated by the high rate of speed he was traveling at.

 

The driver of the Taurus suffered minor injuries in the accident.  Police are currently investigating whether or not alcohol was a factor in the crash.

 

Nationwide, motorcycle accidents account for 13% of all traffic fatalities and speeding motorcyclists are much more likely to be killed in a crash than car or truck drivers.

 

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Virginia Beach Police Officer charged with DUI, hit and run

A Virginia Beach Police officer is in trouble with the law after hitting a car, leaving the scene of the accident, and later being stopped and found to be intoxicated.  The officer, a member of the Virginia Beach Police Department’s Traffic Enforcement Team – a team that focuses its efforts on drunk drivers – was charged with misdemeanor hit-and-run and drunk driving.

 

The hit-and-run charge was added recently to the DUI charge filed June 20.  The officer, Bryan K. Womble, 36, was driving a Mitsubishi off-duty in the early hours of Saturday morning when he crashed into a Dodge Neon at the intersection of 20th Street and Pacific Avenue.

 

Instead of stopping, Womble continued driving and was stopped by an on-duty officer two blocks away.  Womble was found to have a blood-alcohol level of 0.15, nearly twice Virginia’s legal limit of 0.08.

 

After his arrest he was charged with drunken driving and released on bond, but was not immediately charged with hit-and-run.  According to the Chesapeake Commonwealth’s Attorney’s Office, this was because the amount of damage resulting from the accident had to be ascertain before a charge could be made.

 

Because the damage was estimated under $1,000, Womble was charged with a misdemeanor hit-and-run instead of felony hit-and-run.  Until his trial, scheduled for July 27, Womble is on administrative duty.  He faces up to a year in jail and a $2,500 fine if convicted.

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State Senator seeking restitution for man wrongfully imprisoned for 22 years

A man wrongfully imprisoned on two charges of rape for almost 22 years has not received any financial assistance from the government, something that Virginia State Senator Kenneth Stolle wants to change.

 

The Norfolk man, Arthur Whitfield, 54, was charged with committing two rapes in 1981 and was released in 2004 only after DNA evidence proved that he was not guilty.  Unfortunately for Whitfield, the way his case was handled once his innocence was proved left him without the customary state restitution.

 

People wrongfully incarcerated usually receive immediate transition assistance from Virginia to help them get back on their feet once they are found to be innocent.  Whitfield’s lawyer maintains that Whitfield was eligible for $15,000 in assistance.

 

Whitfield was denied the assistance because of some unusual happenings in his case.  He was released on parole immediately upon learning that DNA evidence had exonerated him, which circumvented the normal process for freeing wrongfully convicted prisoners.

 

That, combined with a complaint from one of the rape victims, delayed the governor’s pardon until April of this year.  The Virginia Supreme Court decided that Whitfield was ineligible for transition assistance because of the circumstances surrounding his case.

 

Stolle is seeking $445,703 for Whitfield.  If Stolle’s bill passed, Whitfield would receive $89,000 immediately with the rest over the next 25 years.  Whitfield would also be eligible for $10,000 in tuition assistance for any Virginia community college.

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Police pursuit of intoxicated Virginia Beach man leads to multiple criminal charges

A multiple-city car police chase ended in a crash, and a Virginia Beach man has been charged with a number of offenses including abduction and driving under the influence.

 

The man, Virginia Beach resident Danny Jo Hedrick, 43, was driving a Ford Explorer when police noticed that his vehicle had a defective tail light.  An officer suspected that Hedrick was under the influence of alcohol when he ran over a concrete barrier while leaving a parking lot, disregarded a red light, then increased his driving speed.

 

A police officer tried but was unable to stop Hedrick, however at the intersection of Ohio Street and Chesapeake Drive Hedrick stopped the Explorer to let out a 32 year old male passenger.  The man told police that he had just met Hedrick when he asked for a ride, and Hedrick would not let him out of the car.

 

According to the man Hedrick pointed a hand gun at him while he was in the car.  Police ultimately caught Hedrick when he crashed his vehicle in Newport News at the I-64 Jefferson Avenue exit.

 

Hedrick is being held at the Newport News City Jail and has been charged with abduction, use of a firearm, possession of a firearm by a felon, felon habitual offender, felony evading, driving under the influence, and several additional traffic offenses.

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Wrong way driver in Virginia Beach causes two accidents

In the early morning hours on Tuesday a man heading the wrong way in a 1992 Lexus along Interstate 264 caused two car crashes before being arrested for suspicion of drunk driving.

 

The man, 44 year old Cleveland N. Robertson, entered I-264 near Laskin Road and headed westbound on the eastbound lanes of the interstate.  Frantic drivers called 911 to report his behavior, but it wasn’t enough to avoid two crashes.

 

Robertson first hit a Chevy Malibu containing three teenagers, two of which had to be taken to the emergency room to be treated for their injuries.  Neither sustained life-threatening injury.

 

After hitting the Malibu, Robertson went on to crash head-on into a Virginia State Police car, slightly injuring the driver Trooper L.C. White.  After hitting the police car Robertson continued on in his Lexus, but stopped about 100 yards from where he hit White.

 

White was able to approach Robertson’s car on foot and arrest him.  Robertson was taken to Virginia Beach City Jail and charged with driving under the influence, two counts of felony hit and run and driving the wrong way.

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Virginia motorcycle crash fatalities shoot up by 87 percent

Recently released statistics complied by the Virginia State Police (VSP) reveal that motorcycle fatalities jumped up by 87 percent in 2007, the last year for which data is available.

 

In an effort to stop the dramatic rise in accidents, the VSP are trying to educate motorcycle riders and raise awareness of motorcycle safety issues with other road users.

 

The VSP program “Ride Smart, Arrive Alive” consists of three overall objectives: education, enforcement, and roadway management.  Education will target motorcycle rider behavior that contributes to crashes, enforcement will focus on getting motorcycle riders who don’t follow the law off the road, and roadway management will evaluate how aspects of roadway design can help reduce motorcycle crash fatalities.

 

The reason that the VSP program mainly targets motorcycle riders is because data shows that almost 70 percent of all motorcycle accidents are caused by the motorcycle rider.  Riders are also their own worst enemy when it comes to safety, as 80 percent of all motorcycle crashes result in injury or death.

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Motorcycle rider killed in crash on Shore Drive

According to Virginia Beach police an accident late Saturday night near the intersection of Shore Drive and Diamond Springs Road has left a motorcycle rider dead.

 

A police spokesperson said that the motorcycle rider, Jason Gregory Potts, 38, was traveling southbound on Shore Drive when he drove through a red light without stopping.

 

Potts lost control of his motorcycle as he drove through the light and hit a median.  As a result of the accident he suffered severe trauma and was pronounced dead at the scene by an emergency rescue crew.

 

Police are investigating the accident to determine if Potts, a Virginia Beach resident, was under the influence of alcohol when he crashed.

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Virginia Beach man charged in death of motorcycle rider

A Virginia Beach man accused of street racing has been charged with his role in the death of a motorcyclist in April.  According to police, Christopher Ballard, 26, was charged with reckless racing involving a death.

 

The accident happened on Lynnhaven Parkway around 2:30am on April 27 when Ballard was allegedly racing a car alongside motorcyclist Joshua A. Schools, 24.  During the race Schools lost control of his motorcycle, struck a curb, and was thrown from his bike.

 

According to investigators alcohol and excessive speed were factors in the crash.  The investig