Secretary Decker asked Bryant to take her place so that she could attend to her responsibilities associated with the Governor’s declaration of an emergency based upon hurricane Earl.

The awards ceremony and dinner was one of the largest ever, with 180 in attendance. It was held at Founders Inn in Virginia Beach. Based on the excellence of their enforcement of the state’s drunk driving laws, 27 police officers, deputy sheriffs and state troopers were recognized and honored. From Virginia Beach, Officer Justin G. Trout and Master Police Officer James Baker were honored.

In his remarks, Bryant referred to the officers as “warriors and heroes” in line with MADD’s stated purpose of highlighting the efforts of law enforcement heroes. Bryant noted that each DUI arrest is potentially one or more lives saved from death or serious injury in our communities. The Virginia Beach Police Department arrests approximately 2,500 drunk drivers on an annual basis.

Bryant also noted that unlike some crimes, Driving Under the Influence is stoppable based on various technologies, including ignition interlocks. “When our nation and citizens decide to have the will and to spend the money to require devices on all vehicles that would prevent someone under the influence from driving, we can stop carnage on our streets”. He also pointed out that the number of DUI related deaths in the United States in the year 2008 (11,779) alone were more than double the total number of American troops killed in Afghanistan and Iraq combined over the several years we have had troops in those countries. “American citizens are killing each other on the highways at a far higher rate than the enemies of democracy are killing our soldiers. We can stop this. When will we stop this?” There is a drunk driving related fatality in America on average of every 40 minutes, according to the National Highway Traffic Safety Administration.

Virginia State Police Division V was honored for its initiation and participation locally in the MADD Help Eliminate Alcohol Related Tragedy (H.E.A.R.T.) program. The H.E.A.R.T. program provides a simulator that is taken to local high schools, military bases and community events. Participants drive through a course of rubber cones with impaired vision goggles on which helps demonstrate how driving is impaired by alcohol or drug use. The Virginia Beach Commonwealth’s Attorney’s office and other private individuals and entities in the community were also honored and recognized for their donations in support of the H.E.A.R.T. program.

Virginia Beach Associate Commonwealth’s Attorney Betsy Orsini was given an award by MADD for her excellence in DUI prosecutions as was Patricia O’Boyle, an assistant commonwealth’s attorney in Norfolk.

WHO: Commonwealth’s Attorney Harvey L. Bryant

WHAT: Witness Recognition Ceremony

WHEN: Thursday, Aug. 26, 2010, 2:00 p.m.

WHERE: Jury Assembly Room, Judicial Center Bldg. 10, Ground Floor

WHY: To recognize Hector Diaz, David Tobin, William Sheehan IV, Kimberly Green and a juvenile for their outstanding contributions in the fight against crime in Virginia Beach.

BACKGROUND: David Tobin and Hector Diaz

David Tobin and Hector Diaz will be honored for their assistance in the cases of Commonwealth vs. Steven Breaux and Commonwealth vs. Charles Butler. The Commonwealth’s evidence proved that on January 15, 2007, Breaux and Butler were patrons at Ocean’s Cabaret located in the 400 block of Oceana Boulevard. After spending some time at the club, they began harassing an off-duty waitress and were asked to leave the club. Club security, patrons, and off-duty Portsmouth Sheriff’s Deputy Hector Diaz followed Breaux and Butler out into the parking lot where words were exchanged. Mr. Diaz observed them firing gunshots into the crowd, striking and killing two individuals. David Tobin, a combat medic in the U.S. Navy, heard the gunshots from inside the club and immediately ran outside to administer aid to the victims. He encountered the first victim and made the assessment that he was deceased. Mr. Tobin then cleared the area around the second victim and began life saving efforts, but the victim passed away in his arms. As Breaux and Butler continued firing into the crowd, Mr. Diaz retrieved his service weapon from his vehicle and identified himself as a law enforcement officer. Both Breaux and Butler then began shooting at Mr. Diaz from both sides of the vehicle they were attempting to flee in. After a brief exchange of gunfire, Breaux and Butler then quickly fled the parking lot into a wooded area at the rear of the club. Due to Mr. Diaz’s efforts not allowing them to leave the scene, they were apprehended by Virginia Beach Police officers and K-9 units.

On February 16, 2010, a jury convicted Breaux of two counts of First Degree Murder, Attempted First Degree Murder and three counts of Use of a Firearm in the Commission of a Felony, and set his sentence at 93 years imprisonment. On March 15, 2010, Butler was convicted by a separate jury of First Degree Murder, Attempted First Degree Murder and two counts of Use of a Firearm in the Commission of a Felony, and sentenced to 54 years imprisonment. Associate Commonwealth’s Attorney Vena Sanders and Senior Assistant Commonwealth’s Attorney Joseph DiNonno prosecuted this case.

William Sheehan IV

William Sheehan IV will be honored for his assistance in the case of Commonwealth vs. Claude Scialdone. On August 8, 2009, Mr. Sheehan observed Scialdone driving his vehicle erratically, eventually crashing into a ditch on the 2900 block of Indian River Road. Mr. Sheehan pulled his vehicle over and exited the car to see if Scialdone was alright. He observed an odor of alcohol about Scialdone and waited with him until the police arrived. After Scialdone, who has a law degree, refused to speak with the police or take an alcohol test, he was searched and found to be in possession of cocaine. During an inventory of his car, officers found a cooler with cold bottles of Coors Light beer and Pinnacle Vodka. Because of Mr. Sheehan’s observations and because he remained on the scene, the Commonwealth had sufficient evidence needed to prosecute Scialdone for DUI and Possession of Cocaine.

On October 29, 2009, Scialdone pleaded guilty to DUI and was sentenced to 30 days in jail, all of which was suspended conditioned upon his good behavior for 12 months, payment of a $500.00 fine, $250 of which was suspended, his driver’s license was restricted for 12 months, and he was ordered to complete the Alcohol and Safety Action Program. On March 9, 2010, Scialdone was granted a deferred disposition on the Possession of Cocaine charge. Since he had no prior record, the Court ordered Scialdone to be on good behavior for one year, remain on supervised probation to include substance abuse assessment and treatment, perform 100 hours of community service, and to remain drug and alcohol free. Senior Assistant Commonwealth’s Attorney Diane Nelms prosecuted this case.

A Juvenile

A juvenile will be honored for his bravery and assistance in the case of Commonwealth vs. Michael Vaughan. The Commonwealth’s evidence proved that on July 1, 2008, Vaughan knocked on the front door of an apartment where the juvenile and his seven- year-old sister were home alone. Vaughan and another male forced their way into the apartment while armed with a handgun. The juvenile woke up his sister and they hid under the bed in the master bedroom. He called 911 from his cell phone. As he remained on the phone, Vaughan and the other male ransacked the master bedroom and took several items including U.S. Currency and a laptop computer. As Vaughan and the other male were exiting the master bedroom, one of them said, “the mattress”. Vaughan lifted the mattress and took a black Hi-point .380 semi-automatic pistol. Vaughan then lifted the box-spring and discovered the children hiding. Vaughan put the gun to the juvenile’s head and took his cell phone. Vaughan and the other male fled through the same window the entry was made. The juvenile was able to identify Vaughan.

Vaughan pleaded guilty on March 16, 2009 to the charges of Robbery, Conspiracy, Use of a Firearm in the Commission of a Felony, and Statutory Burglary. On August 24, 2009, Circuit Court Judge Joseph A. Canada Jr. sentenced Vaughan to 63 years in the Virginia State Penitentiary, all suspended but18 years. Associate Commonwealth’s Attorney Eleanor Gaines prosecuted this case.

Kimberly Green

Kimberly Green will be honored by Mothers Against Drunk Driving (MADD) for her assistance in the case of Commonwealth vs. Theshama Davis. On Thanksgiving Day 2009, Ms. Green had just finished her shift working roadside assistance when she observed Davis driving erratically. Ms. Green began following Davis out of concern for the safety of other drivers and for her two daughters ages 12 and 6 riding in the back of the car. Ms Green followed Davis for 45 minutes traveling from Virginia Beach, to Chesapeake, to Norfolk, and back into Virginia Beach while communicating with the Virginia Beach Police and the Virginia State Police. She witnessed Davis swerving all over the road-causing at least five other drivers to react defensively to avoid a crash, driving with two wheels on the road and two wheels on the grass, run several red lights, use 3 lanes to make a left turn, race up to 100 mph, stop on an Interstate off ramp, and ultimately hit a curb thus bringing the chaos to an end. No one was injured.

Davis was found guilty of two counts of felony Child Endangerment and DUI 2nd Offense. Davis served 90 days on the DUI 2nd charge. Circuit Court Judge Frederick B. Lowe suspended a 4 year sentence on the Child Endangerment charges conditioned upon Davis being of good behavior for 4 years, being on supervised probation, and attending an alcohol and substance abuse treatment. Senior Assistant Commonwealth’s Attorney Candis Beasley prosecuted this case.

Please call Macie Pridgen if additional information is desired.

Certified Paralegal Diane Boyd of the Virginia Beach Commonwealth’s Attorney’s Office was an instructor at the 2010 Commonwealth of Virginia Extradition Training Seminar August 4 and 5, 2010 in Richmond, Virginia.

With the assistance of Certified Paralegal Constance Gaylor, Boyd addressed over 100 seminar attendees including prosecutors, police officers, sheriffs, and other members of law enforcement agencies in Virginia. Boyd’s first presentation, entitled “The Life Cycle of a Fugitive,” outlined the extradition process from the commission of a crime in a particular jurisdiction to the return of the defendant to that jurisdiction. She also concluded the seminar with a presentation detailing the Interstate Witness Compact. In addition to remarks by Boyd, the seminar included the remarks and experiences of Secretary of Public Safety Marla Decker, Secretary of the Commonwealth Janet V. Polarek, U.S. Marshal Kevin Trevillian, Senior Assistant Attorney General Mark Davis, and other officials.

Boyd has over 20 years of experience handling extradition matters at the Commonwealth’s Attorney’s Office, and Gaylor has been assisting for the past 3 years.

“Last year there were 233 fugitives extradited back to Virginia Beach, and 131 fugitives arrested in Virginia Beach,” Commonwealth’s Attorney Harvey Bryant said. “Thanks to Diane Boyd, my office is recognized state-wide for its expertise in extradition matters.”

Please contact Macie Pridgen if additional information is desired.

Associate Commonwealth’s Attorney Paul J. Powers spoke on behalf of the Virginia Beach Commonwealth’s Attorney’s Office at the 2010 Virginia Family and Consumer Sciences Teachers Professional Development Institute yesterday afternoon at the Cavalier Hotel in Virginia Beach.

Powers addressed Institute attendees as part of a session entitled, “When a Child is Abused– Understanding the System.” In addition to remarks by Powers, the session included remarks and experiences of Michele Thames, Kathy Phillips, and Michelle Clayton of the Children’s Hospital of the King’s Daughters Child Abuse Program; Robin Guenthner and Nadia Howell of Child Protective Services; and Brendan Paulson and Lanis Geluso of the Virginia Beach Police Department Special Victims Unit.

Powers addressed some of the more serious felony offenses committed against children, the challenges child victims commonly face, and the role of the Juvenile Prosecution Team in assisting them throughout the criminal legal process. The Office of the Commonwealth’s Attorney’s Juvenile Prosecution Team consists of seven attorneys and three paralegals devoted to prosecuting all cases involving juvenile defendants and victims.

“The Juvenile Prosecution Team handles about 3,000 cases involving juveniles per year,” Commonwealth’s Attorney Harvey Bryant said. “These attorneys have specialized training in working with children and are dedicated to seeking justice for children who have been abused. I certainly appreciate the Institute’s interest in this very serious subject.”

Please contact Macie Pridgen if additional information is desired.

Associate Commonwealth's Attorney, Paul Powers

Top, Left to Right: Dina Blythe, CHKD; Michele Thames, CHKD; Robin Guenthner, CPS; Nadia Howell, CPS; Brendan Paulson, VBPD Special Victims Unit; Sandra "Sam" Fabian, CHKD; Michelle Clayton, CHKD; Bottom, Left to Right: Paul Powers, OCA; Lanis Geluso, VBPD Special Victims Unit; Kathy Phillips, CHKD.

The meeting, held July 19 in the State Capitol Building in Richmond, included several sheriffs, state legislators, state police, chiefs of police, and U.S. Department of Justice gang experts. The workshop will issue a report and build upon the suggestions contributed in formulating strategies to combat gang recruitment and activity.

Sunday night an inspirational sermon at my home church brought me an inner sense of peace and satisfaction that God’s Will will always prevail .