Release Date: Friday, July 3, 2009 5 p.m.
In order to clarify and to more fully reveal the facts regarding Terence J. Darden and his release from custody as reported by the Virginian Pilot on June 27, 2009, Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach makes available the following information:
On April 26, 2008, Terence J. Darden and Ronald Christopher Galloway, Jr. were arrested and charged with the crimes of Robbery, Use of a Firearm in the Commission of a Robbery, Conspiracy to Commit Robbery, and the Use of a Firearm on School Property. They were arrested based on the facts as relayed to the Virginia Beach Police Department by three males ages 28, 22, and 19 who reported that around 12:15 a.m. in the Green Run Elementary school yard where they had been working out, a red car pulled up and two black males got out. The car pulled off. The three victims reported that Galloway had pointed a gun at them and told one of them to get on the ground. The victims were able to tell the police Galloway’s name because one of the victims knew Galloway from having played organized baseball with him. The victim who was made to lie on the ground had an iPod and headphones taken from him. The other two victims fled a distance away but remained to watch what was happening.
Approximately 30 minutes after the victims called 911, the police stopped the car described in detail, including dents and scratches, by the victims. The car was occupied by Terence Darden and a Marcus Allen Lee. The tags on the car belonged to a car parked in Darden’s driveway that Darden’s mother was storing for a friend. Police arrested Darden on an outstanding charge of Failure to Appear. He was also identified by the victim as the person who had taken his iPod but who did not have a gun during the robbery. Significantly and importantly in light of the Virginian Pilot’s article, the police investigation shows that Darden denied to the police that he knew the defendant Galloway (who ultimately pleaded guilty), and Galloway claimed that he did not know Darden. Galloway also denied having robbed anybody that night claiming that he was at the oceanfront with friends when the robbery occurred. The police showed Galloway a picture of Darden and Galloway continued to deny that he knew him. Out of the presence of police, Galloway told his mother that he was with his girlfriend all evening and had not committed the robbery.
The Time Sequence
A preliminary hearing to which all adults charged by warrant with a felony are entitled in Virginia, was first set, without objection from the attorneys for either defendant, for June 5, 2008. It was continued on that date without objection from either defense attorney to July 10, 2008.
On July 10th Darden’s defense attorney moved to continue the case to subpoena a witness that he would not name. When the commonwealth’s attorney handling the case opposed the continuance, Mr. Brice gave a name of the witness. The Court denied the continuance motion. A preliminary hearing was conducted during which one of the victims testified and positively identified Darden as the person who took his iPod. Darden’s attorney’s sole argument at the end of the hearing was “I’m satisfied probable cause has been made”. As a result, the General District Court judge certified the case to the Grand Jury. On July 31, 2008 a citizen panel of grand jurors, after hearing a detective’s recitation of the evidence (during which, by law, no commonwealth’s attorney is present), indicted Darden and Galloway for the offenses of which they had been charged by warrant in April.
Following indictment, on July 31, 2008, the attorney for Galloway advised the Commonwealth that Galloway was saying that Darden was not involved (it must be kept in mind that earlier Galloway had denied that he knew Darden or that he recognized his picture). Galloway would not say who the other person involved was. The Commonwealth asked if Galloway would be willing to take a polygraph but there was no response to that inquiry. Shortly thereafter, the Commonwealth advised Darden’s attorney that Galloway was saying that Darden was not involved. It must be kept in mind that jails and penitentiaries across the country have many people who claim that they were not involved but that other people were. They also have many people who are continually claiming that they know who was involved but refuse to say who that person is. Trained and experienced prosecutors do not act or react based only on the word of those charged with crimes. To do so is the equivalent of believing and acting upon someone who has the smell of alcohol and tobacco on their breath when they say “I don’t smoke or drink”.
In an effort to test Galloway’s truthfulness, he was offered a plea agreement that included a requirement that he take a polygraph test and testify truthfully. He was scheduled to enter that plea on September 24, 2008 but it was continued because Galloway was not prepared to accept that offer. The new date was set for November 3, 2008. On that day, Galloway rejected the offer and asked to be tried. Therefore, with his attorney’s consent, Galloway’s trial was set for December 15, 2008. On that date it was again continued because Galloway switched attorneys. The next trial date for Galloway was set for January 13, 2009 but was continued because of a family medical emergency on behalf of his newly retained attorney. Galloway and his attorney continued the case several more times until eventually he pleaded guilty on March 17, 2009. Galloway’s agreed upon polygraph test was continued several times because his attorney was unable to be present during the polygraph as he insisted upon doing. Galloway took the polygraph finally on March 30, 2009. When the results were relayed to the Commonwealth’s Attorney’s Office, the case against Darden was nolle prossed the next day. This was done even though, under the law, polygraph results are not admissible by either the defense or the prosecution. Polygraphs have and continue to be considered so unreliable that their admission into evidence is totally prohibited. Any mention of a polygraph examination, without the consent of both the prosecution and the defense, would result in a mistrial in any criminal case.
This statement includes a chart of the timeline of the hearings scheduled and continued for both Darden and Galloway. Nevertheless, it should be pointed out that Darden’s initial trial date, agreed upon by his attorneys, was September 24, 2008. Darden moved to continue his case to November 12, 2008 because he wanted to call Galloway as a witness, despite the fact that Galloway and his attorney were contending that Galloway would exercise his Fifth Amendment privilege not to testify and not to incriminate himself. Thereafter Darden and his attorney moved to continue Darden’s case until March 9, 2009. At that point Darden, as had Galloway earlier, switched attorneys. Therefore the case was again continued, with the defense attorney concurring, to April 6, 2009.
The fact that a case was nolle prossed by the Commonwealth does not mean that a defendant was not involved in the charges against him. It simply means that the Commonwealth did not believe that the admissible evidence we had to present had a substantial likelihood of resulting in a verdict of guilty beyond a reasonable doubt. By nolle prossing the charges, we reserved the ability to bring the charges back should new admissible evidence be discovered. The victim in this case continues to be adamant that Darden was one of the two men who robbed him. The only name Galloway has ever given the police as being his accomplice is “Quan”.
“In fairness to the police, my office and the prosecutor who handled this case, I have been made aware today that one of the defense attorneys for Darden has complained in writing to the reporter that the initial article was misleading and unfair to the investigation and prosecution of this matter,” Bryant concluded.
Terence J. Darden’s Record
11/22/05 – Possession of Marijuana – $250 fine, Suspended driver’s license 6 months (VB General District Court)
04/16/06 – Assault & Battery Family Member – no disposition noted
06/05/06 – Burglary – dismissed
07/18/06 – Obstruction of Justice – 30 days jail suspended (VB General District Court)
08/25/06 – Burglary – nolle prossed, Petit Larceny – 6 months jail suspended (VB General District Court), Obtaining by False Pretenses misdemeanor – 6 months jail suspended (VB General District Court)
Click Here for a Timeline for both Darden and Galloway
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