File cabinets. (Getty)
One of the least noticed features of the Virginia Way is the long-standing tendency of community leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act assumes that all government business is, by default, public and requires officials to justify why exceptions should be made, many Virginia leaders in practice take the opposite position, acting as if records are, by default, public. private and the public must prove that they should be treated differently.
In this article, we aim to highlight how often authorities across Virginia resist public access to records on issues big and small – and look at cases where releasing information under FOIA has given the public insight into how government bodies are working.
Chesterfield Officer Facing Prosecution for Shooting Charles Byers Shown Using Excessive Force in Traffic Stop in Newly Obtained Video
A video obtained by WTVR shows a Chesterfield County police officer hitting a man in the face during a traffic stop, which courts found to be “excessive force” in a subsequent case. The officer in that video is currently facing a lawsuit alleging excessive force in the deadly police shooting of Charles Byers last summer.
The footage was recovered from Richmond federal court clerk Tyler Layne’s office, WTVR reporter told the Virginia Mercury.
“Interestingly, it took the registry office a few days to produce the images because they did not have a procedure for producing copies of the images,” he said in an email. “Apparently they had never received this request before. So, after my request, they developed new protocols for the registry office to respond to video requests.”
In footage from the 2019 traffic stop, the video shows a driver being pulled over without the officer immediately telling him why. When questioned, the police officer responded that the driver’s headlight was out and asked him to get out of the vehicle. Although the driver did not physically resist, the police officer punched him in the face before knocking him to the ground and arresting him. A lawsuit filed by the driver ended up being settled in 2022 for an undisclosed amount, but the officer is now a defendant in the case involving Byer’s death.
WTVR also obtained footage of the officer’s encounter with Byers — who was in a mental health crisis and under court order to be held in a psychiatric institution last summer. In that video, Byer held a hatchet near his knees and did not obey officers’ commands. In the fatal encounter, Byers fled from officers after being shot several times.
Layne, the WTVR reporter, said he initially had a FOIA request denied for the footage of the Byers shooting, but was able to access it through the federal court system after a link to the video was posted as part of a court filing.
Byers’ family attorney alleged that the officer violated his right to be free from excessive force, failed to calm the situation and failed to warn that he would use deadly force. The family is also suing Chesterfield County. His lawyer claims he was aware of the officer’s “propensity to use excessive force” but “allowed him to be on the street,” WTVR reports.
Suffolk school leaders refuse to answer questions about school intruder detailed in FOIA
A video WTKR obtained through FOIA shows a man breaking into Kilby Shores Primary School before barricading himself in a bathroom with pupils. Elected and appointed officials in the school district did not respond to local media inquiries about the event.
A man named Vontrail Thorpe, who is believed to be the man in the video, has been charged with several felonies, including burglary, trespassing, possession of narcotics on school property and misdemeanor disorderly conduct.
The night before the June 14 event, the School Safety Audit Committee — a consortium of area volunteers — had shared a presentation with school board members about safety improvement suggestions. Brandon Randleman, a citizen volunteer on the committee, told the outlet that he has a weeks-old unanswered email to school leaders, administrators and safety committee members to hold an emergency meeting about what happened.
Lynchburg councilors allege involvement of city attorney in election results process
The election results drama continues as Lynchburg’s city attorney and two councilors got into a verbal altercation at a recent special city council meeting, Cardinal News reports.
After Peter Alexander lost to current Vice Mayor Chris Faraldi for a council seat in the June 18 Republican primary, Alexander sued claiming absentee ballots were not counted.
Council members Marty Misjuns and Jeff Helgeson — who supported Alexander — allege that calls and emails made by City Attorney Matt Freedman amount to public funds spent on personal litigation. Shortly after the lawsuit was filed, Helgeson said Freedman called several board members and sent an email labeled “attorney-client privilege with action items.”
The back and forth prompted harsh words from Freedman during a special meeting.
“First, the city is not representing Vice Mayor Faraldi in the pending Alexander v. Faraldi,” Freedman said. “Second, Council Members Helgeson and Misjuns are not lawyers, are not qualified to speak on legal issues, and are not responsible for the legal affairs of the city. I am.”
Although he stated that the city is not legally involved in the action, he said that there is interest in the outcome.
This is because the lawsuit “could potentially affect thousands of city voters, the city paid for the elections, and the lawsuit makes very serious allegations against the city registrar and election board, who are considered city officials under Virginia law.”
The full contents of Freedman’s email have not been made publicly available. Misjuns and Helgeson told local media they want to make the email public but cannot because Freedman marked it confidential due to attorney-client privilege.
Meanwhile, Alexander and Faraldi attended a hearing for the case that could be resolved before the November general election.
Case information now available online and free of charge for Fairfax Circuit Court
While not directly related to FOIA, transparency and access to court records is easier now in Fairfax County.
That’s because the county’s Circuit Court unwound a new online portal for people to search case information online for free. FFX now reports that the new tool builds on a campaign promise from the county district court clerk, who was elected last year.
“This electronic service will mark a significant milestone in improving public access to Circuit Court Case information, promoting transparency and promoting accountability within the legal system,” he wrote in a statement.
Previously, online access to case information — including hearing dates and charges — was only granted through a subscription to the Public Court Access Network. This costs users $150 per quarter or $600 per year.
Have you ever seen local or state authorities deny or delay your FOIA request? Tell us about it: info@virginiamercury.com
The post FOIA Friday: New footage shows Chesterfield officer’s ‘excessive force’ story appeared first on Virginia Mercury.
