Release Date: Friday, August 27, 2010 2:25 p.m.
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.
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