Within a recent 60-day period in Chesterfield County, 48 people charged with assaulting a family member were released by a county magistrate without having to post a bond. So were six people accused of assaulting a police officer, five defendants charged with malicious wounding, two people accused of abduction and another charged with robbery.
There’s more. Sixty people charged with failing to appear in court for earlier criminal offenses were released, 13 others charged with violating the conditions set for them to be released on criminal charges were released again, and five people charged with violating a protective order issued against them to protect the health and safety of an abused person also were let go.
They all were released on their written promise to appear in court or on an unsecured bond — meaning they were set free without being required to pay any money.
The cases are just a sampling of the defendants now being caught and released in Chesterfield that has frustrated law enforcement officials over the last year or so, said Chesterfield Sheriff Karl Leonard.
A similar problem has arisen in Richmond, where some judges are releasing offenders charged with serious crimes over the strong objection of city prosecutors, said Richmond Commonwealth’s Attorney Colette McEachin.
The issue has gained increased scrutiny in Chesterfield, where Leonard made a recent PowerPoint presentation to the Chesterfield Board of Supervisors that included data his office compiled on the release of defendants charged with specific offenses from February 18 through April 13.
Chesterfield Sheriff Karl Leonard
In addition to serious offenders being released, motorists charged with driving under the influence of alcohol — in some cases in tandem with reckless or hit-and-run driving — are being released by county magistrates while they are still intoxicated, Leonard said.
The sheriff’s office gives departing offenders breathalyzer tests, and many have registered a blood-alcohol level well above the presumptive legal intoxication limit to drive of 0.08%. The examples cited by the sheriff ranged from 0.11 percent at the low end to 0.21% at the high end.
“Right now, this is the Achilles’ heel of criminal justice and public safety in Chesterfield County,” said Chesterfield police Chief Jeffrey Katz, who joined Leonard at the recent supervisors’ meeting to address the issue.
Law enforcement officials say the Chesterfield Magistrate’s Office is to blame for the rise in the release of serious and/or habitual criminal offenders with little or no bond. Leonard and Katz have met with Chesterfield Chief Magistrate Daniel Holser in hopes of resolving the issue, but “nothing has changed,” Leonard said.
Contacted last week, Holser said he and his fellow magistrates are following all state laws regarding bail and pre-trial release.
So what has changed?
Chesterfield Commonwealth’s Attorney Stacey Davenport said the uptick in offender releases can be attributed to a criminal justice reform measure passed by the General Assembly in February 2021 that removed all presumptions against granting bail to a defendant, regardless of the seriousness of their crime.
Before the law was amended, a judicial officer such as a magistrate or judge were required to presume, subject to rebuttal during a hearing, that no condition or combination of conditions would reasonably assure the public’s safety and the appearance in court of the person arrested if they were charged with certain offenses listed in the statue.
Now, defendants charged with a crime that carries a maximum sentence of life in prison if convicted can be released with little or no bond, as well as defendants who previously have been twice convicted of a violent felony such as murder, rape and robbery. More than a dozen presumptions against bond have been stricken from the law.
Chesterfield County Commonwealth’s Attorney Stacey Davenport
“It’s one of the most significant criminal justice reform [laws] out there, because I don’t think the general public understands what it means to remove every single presumption against bond from the law,” Davenport said. “Somebody could be arrested for intentional, pre-meditated first-degree murder and a magistrate could let them turn around and walk straight out the door they have just come in.”
“It could be a stranger rape, or robbery, all kinds of things,” the prosecutor added. “These are dangerous crimes that no longer carry a presumption that [a defendant] could be held. Those presumptions existed because there was a concern for public safety and whether [the person charged] could be a flight risk and not come to court.”
The enacted law that revised Virginia’s admission to bail was sponsored by Sen. Creigh Deeds, D-Bath. It passed along party lines by a vote of 52-45 in the House and 21-18 in the Senate when the Democrats held power in both chambers.
The Virginia Association of Commonwealth’s Attorneys opposed the bill for various public safety concerns and the rights of victims of serious crimes to be notified and heard on the issue of bail.
Virginia’s admission to bail law was amended by the General Assembly in 2021 as one of the Democratic Party’s criminal justice reform measures. The revised law removed all presumptions against granting bail to a defendant, subject to rebuttal, regardless of the seriousness of the crime.
Reached this week, Deeds said the presumptions against bail have been part of Virginia law only since about 1996, and they’re not needed if a magistrate or judge correctly assesses whether a criminal defendant is going to be a danger to the public and show up for trial as directed before deciding whether to release them. Those requirements remain in the law.
“I don’t think my bill is anything radical,” Deeds said. “It just restores the law to where we were before 1996. If there are magistrates or judges who aren’t doing their jobs — not carefully considering all those factors — then those people need to be replaced.”
Since the law went into effect on July 1, 2021, Richmond Circuit Court has held 229 bond hearings on cases where there would have been a presumption against bond under the old law. In more than half of those cases, or 121, judges have granted the defendants bond, McEachin said.
“It’s not all the judges,” McEachin said. “But it’s not unusual for the Commonwealth to present evidence that a defendant should not have a bond, and for a judge to then grant a bond.”
Richmond Commonwealth’s Attorney Colette McEachin
McEachin said the revised bail law has had a negative effect, largely because she believes it’s being misinterpreted.
“I think a lot of the judges don’t realize that just because those rebuttable presumptions have been removed, the two prongs of bail — dangerousness to the community and flight risk — have always existed and still exist,” McEachin said. “I think a lot of the judges leaned on, to a certain extent, the General Assembly specifically saying that in this particular case — rape [for example] — there is a presumption against bond, and once that was removed, the judges are saying, ok, there’s no longer a presumption against bond.”
“Just like Sen. Deeds said, it should not have had an obviously negative impact as it has had,” McEachin added. “I could give you a host of specific cases where the Commonwealth argued that the person was too dangerous to be out on bond, and either the general district court [judge] or the circuit court [judge] gave them a bond and they committed another offense, including murder.”
One of the more egregious cases cited by Chesterfield authorities of an offender being released with no bond involves a defendant named Hector Olguin Lopez.
Lopez, 44, an immigrant from Mexico living in the U.S. illegally, had been sought by Chesterfield police since 2009 on a felony charge of sexually assaulting a child. After he was recently arrested in Maryland and held without bond pending his extradition to Virginia, Chesterfield police brought him back to the county on March 30. A magistrate released him on his promise to appear in court without having to post bond. Lopez has a hearing scheduled for June 2 in Chesterfield Juvenile and Domestic Relations Court.
“You’re already a presumptive flight risk if you have to be brought into Virginia from another state, and I don’t know how it can be argued that you’re not a danger to others if you’re charged with sexually offending against a child,” Davenport said.
Chesterfield authorities also expressed frustration with the decision to release, and then re-release, a defendant named Andrew Grimshaw, who was charged with serious crimes of violence against his child’s mother.
In early April, police alerted news outlets they were searching for Grimshaw and his 6-month-old son, whose whereabouts at that time were unknown. Police had obtained warrants for Grimshaw on charges of assaulting the child’s mother and pointing a shotgun at her while she was holding their child. Police said he then took the baby and fled.
Grimshaw surrendered to police on April 9 without the baby in his possession, and he refused to tell authorities where the child could be located, police said. A magistrate set bond at $2,500 for the two charges, and Grimshaw was released after he paid a bail bondsman $250 — or 10 percent of the amount.
“Our concern was that the bond was too low and it made his ability to get out, still with the child still unaccounted for,” Leonard said.
Later, at an April 15 court hearing, a protective order was issued against Grimshaw that required him to have no contact with the child’s mother or the child. A judge ordered him to immediately report to Chesterfield’s pre-trial services unit upon leaving court to have an electronic monitoring device installed on his ankle. But he didn’t comply, Leonard said.
Instead, Grimshaw traveled to a residence in Richmond where he packed up all his belongings, including firearms, and picked up his child — in violation of the protective order — and started to leave town, Leonard said.
However, Chesterfield police immediately picked up Grimshaw and he was re-arrested on a charge of violating the protective order. A magistrate released Grimshaw on his own recognizance without requiring him to pay any bond, Leonard said.
At that point, the Chesterfield Commonwealth’s Attorney’s Office filed a motion to revoke Grimshaw’s bond because he failed to comply with a judge’s earlier instructions and allegedly violated the protective order filed against him. A judge revoked Grimshaw’s bond and he was taken into custody. He’s now being held in jail.
Chesterfield Chief Magistrate Daniel Holser
Holser, Chesterfield’s chief magistrate, said he is limited in what he can say publicly and referred questions to the Office of Executive Secretary to the Virginia Supreme Court, which has had supervisory authority over Virginia magistrates since 2008.
The office’s spokesperson, Alisa Padden, said as judicial officers, magistrates are required to abstain from public comment on most matters. She noted that the state law that sets the standard for magistrates regarding bail was amended in 2021, “to change the presumptions applied by judicial officers in conducting such hearings.”
She said Holser met with Leonard and Katz about two months ago and listened to their concerns, and requested additional details to enable him to further investigate the issue. She said Holser did not receive any additional information.
Katz, Chesterfield’s police chief, told county supervisors last month that law enforcement officials are not arguing against the merits of bail reform that some advocates have sought. “There are a lot of good, cogent arguments that support some measure of bail reform,” the chief said.
But the catch and release of serious offenders is not beneficial to the community at large, or to many of those who are arrested, Katz said.
Chesterfield Police Chief Jeffrey Katz
“There are people who are in need of services who are denied those services because they are released on their own recognizance, sometimes while they’re impaired,” Katz said.
Leonard said no one is accusing county magistrates of doing anything illegal or violating policy.
“Certainly, with the broad spectrum of choice they have, what they are doing is allowed under the cope of their authority,” the sheriff said. “What I am saying is that same scope allows them to place bond on those who pose a danger to the community and have demonstrated — on several occasions in many cases — that their promise to abide by the conditions of their release and to obey the laws of Virginia cannot be trusted.”
The deceased victim was identified as Tyjuan A. Coleman, 20, of the 3600 block of Broadwater Road.
Richmond Police are conducting a death investigation after city staff discovered a body on the grounds of a waste management collection station.
From 2019 to 2020, the U.S. population grew by .35%, its slowest rate since 1900. Declining births, increasing deaths largely due to the graying Baby Boomer population, and a crackdown on immigration have contributed to many states seeing net population losses in recent years.
But in other pockets of the country, populations are growing. These shifts can be due to job opportunities, high quality of life, easy commutability to job centers, low rents, or any combination of these or other factors. Stacker compiled a list of the fastest-growing localities in Virginia using data from the U.S. Census Bureau. Localities are ranked by the highest population growth from 2010 to 2020.
A locality typically sees population growth as a “bedroom community” (a municipality with an atypically large commuting population) to a large city. These communities are typically quieter than their feeder cities, offer lower rents and a higher quality of living, and are remote enough to be immune to the feeder city’s crime, traffic, and crowds. Keep reading to see if your locality made the list.
– 2010 to 2020 population change: 6,803
— #557 among all counties nationwide
– 2010 to 2020 percent population change: +14.9%
— #22 among counties in Virginia, #317 among all counties nationwide
– 2020 population: 52,552
— #35 largest county in Virginia, #956 largest county nationwide
– 2010 to 2020 population change: 7,194
— #543 among all counties nationwide
– 2010 to 2020 percent population change: +7.8%
— #45 among counties in Virginia, #710 among all counties nationwide
– 2020 population: 99,721
— #19 largest county in Virginia, #607 largest county nationwide
– 2010 to 2020 population change: 7,881
— #531 among all counties nationwide
– 2010 to 2020 percent population change: +22.4%
— #7 among counties in Virginia, #147 among all counties nationwide
– 2020 population: 43,010
— #40 largest county in Virginia, #1,116 largest county nationwide
– 2010 to 2020 population change: 8,426
— #512 among all counties nationwide
– 2010 to 2020 percent population change: +13.1%
— #27 among counties in Virginia, #393 among all counties nationwide
– 2020 population: 72,972
— #29 largest county in Virginia, #755 largest county nationwide
– 2010 to 2020 population change: 8,835
— #502 among all counties nationwide
– 2010 to 2020 percent population change: +11.8%
— #29 among counties in Virginia, #450 among all counties nationwide
– 2020 population: 83,757
— #24 largest county in Virginia, #686 largest county nationwide
– 2010 to 2020 population change: 10,807
— #460 among all counties nationwide
– 2010 to 2020 percent population change: +10.9%
— #33 among counties in Virginia, #502 among all counties nationwide
– 2020 population: 109,979
— #17 largest county in Virginia, #556 largest county nationwide
– 2010 to 2020 population change: 11,765
— #440 among all counties nationwide
– 2010 to 2020 percent population change: +17.4%
— #15 among counties in Virginia, #250 among all counties nationwide
– 2020 population: 79,462
— #25 largest county in Virginia, #716 largest county nationwide
– 2010 to 2020 population change: 11,780
— #439 among all counties nationwide
– 2010 to 2020 percent population change: +14.3%
— #24 among counties in Virginia, #341 among all counties nationwide
– 2020 population: 94,324
— #22 largest county in Virginia, #638 largest county nationwide
– 2010 to 2020 population change: 13,868
— #399 among all counties nationwide
– 2010 to 2020 percent population change: +21.5%
— #8 among counties in Virginia, #159 among all counties nationwide
– 2020 population: 78,254
— #27 largest county in Virginia, #723 largest county nationwide
– 2010 to 2020 population change: 15,584
— #371 among all counties nationwide
– 2010 to 2020 percent population change: +20.5%
— #10 among counties in Virginia, #177 among all counties nationwide
– 2020 population: 91,419
— #23 largest county in Virginia, #653 largest county nationwide
– 2010 to 2020 population change: 15,762
— #368 among all counties nationwide
– 2010 to 2020 percent population change: +16.3%
— #20 among counties in Virginia, #273 among all counties nationwide
– 2020 population: 112,395
— #16 largest county in Virginia, #548 largest county nationwide
– 2010 to 2020 population change: 19,820
— #333 among all counties nationwide
– 2010 to 2020 percent population change: +16.5%
— #19 among counties in Virginia, #268 among all counties nationwide
– 2020 population: 140,032
— #14 largest county in Virginia, #468 largest county nationwide
– 2010 to 2020 population change: 23,474
— #302 among all counties nationwide
– 2010 to 2020 percent population change: +5.4%
— #56 among counties in Virginia, #896 among all counties nationwide
– 2020 population: 459,470
— #3 largest county in Virginia, #156 largest county nationwide
– 2010 to 2020 population change: 24,782
— #285 among all counties nationwide
– 2010 to 2020 percent population change: +12.3%
— #28 among counties in Virginia, #425 among all counties nationwide
– 2020 population: 226,610
— #10 largest county in Virginia, #308 largest county nationwide
– 2010 to 2020 population change: 25,820
— #276 among all counties nationwide
– 2010 to 2020 percent population change: +19.3%
— #12 among counties in Virginia, #204 among all counties nationwide
– 2020 population: 159,467
— #12 largest county in Virginia, #422 largest county nationwide
– 2010 to 2020 population change: 30,154
— #248 among all counties nationwide
– 2010 to 2020 percent population change: +13.8%
— #25 among counties in Virginia, #358 among all counties nationwide
– 2020 population: 249,422
— #7 largest county in Virginia, #278 largest county nationwide
– 2010 to 2020 population change: 32,340
— #229 among all counties nationwide
– 2010 to 2020 percent population change: +26.0%
— #6 among counties in Virginia, #102 among all counties nationwide
– 2020 population: 156,927
— #13 largest county in Virginia, #431 largest county nationwide
– 2010 to 2020 population change: 34,336
— #222 among all counties nationwide
– 2010 to 2020 percent population change: +11.4%
— #30 among counties in Virginia, #471 among all counties nationwide
– 2020 population: 334,389
— #6 largest county in Virginia, #214 largest county nationwide
– 2010 to 2020 population change: 41,176
— #181 among all counties nationwide
– 2010 to 2020 percent population change: +20.9%
— #9 among counties in Virginia, #169 among all counties nationwide
– 2020 population: 238,643
— #8 largest county in Virginia, #285 largest county nationwide
– 2010 to 2020 population change: 55,915
— #136 among all counties nationwide
– 2010 to 2020 percent population change: +18.1%
— #14 among counties in Virginia, #229 among all counties nationwide
– 2020 population: 364,548
— #5 largest county in Virginia, #199 largest county nationwide
– 2010 to 2020 population change: 101,755
— #63 among all counties nationwide
– 2010 to 2020 percent population change: +9.7%
— #38 among counties in Virginia, #578 among all counties nationwide
– 2020 population: 1,150,309
— #1 largest county in Virginia, #39 largest county nationwide
– 2010 to 2020 population change: 102,789
— #59 among all counties nationwide
– 2010 to 2020 percent population change: +27.1%
— #5 among counties in Virginia, #94 among all counties nationwide
– 2020 population: 482,204
— #2 largest county in Virginia, #149 largest county nationwide
– 2010 to 2020 population change: 129,306
— #48 among all counties nationwide
– 2010 to 2020 percent population change: +44.3%
— #1 among counties in Virginia, #24 among all counties nationwide
– 2020 population: 420,959
— #4 largest county in Virginia, #171 largest county nationwide
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Philanthropist W. Baxter Perkinson Jr., who built a successful dental practice spread across the region and became a passionate arts advocate,…
Virginia’s admission to bail law was amended by the General Assembly in 2021 as one of the Democratic Party’s criminal justice reform measures. The revised law removed all presumptions against granting bail to a defendant, subject to rebuttal, regardless of the seriousness of the crime.
Chesterfield Sheriff Karl Leonard
Chesterfield County Commonwealth’s Attorney Stacey Davenport
Chesterfield Police Chief Jeffrey Katz
Richmond Commonwealth’s Attorney Colette McEachin
Chesterfield Chief Magistrate Daniel Holser
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