During tough economic times scams against the elderly tend to happen more often, as desperate criminals try to take advantage of Virginia elders. Sadly, many Virginia elders often feel too embarrassed or humiliated about falling for the scam to confide in authorities or family, so the perpetrators go free.

This creates a situation where criminals who prey on the elderly have, according to the National Adult Protective Services Association, a low chance of getting caught and a high chance of scamming a lot of money.

How big is the elder scam “market”? Conservative estimates by the MetLife Mature Market Institute put the loss to scammers at $2.6 billion every year, but this amount is likely higher.

According to the Virginia Department of Social Services, there is scamming going on every day – and more than usual.

Who are these scammers? Sadly, they are often family members who see an opportunity to take advantage of an elderly relative. They may justify their crime by claiming that the elder no longer needs their money – ignoring the fact that the scam takes money away from the elderly person’s estate and rightful heirs.

Scammers who are total strangers often canvas suburban neighborhoods looking for lonely, elderly residents who may need help with yardwork and home maintenance. They get the money up front, and either fail to show up to do the work or start it but fail to finish once they are paid.

Virginia Nursing Home Administrator embroiled in abuse complaints

An administrator who ran a Virginia nursing home for fifteen years has surrendered her administrator’s license rather than face abuse charges before the Virginia Board of Long-Term Care Administrators.

National HealthCare-Bristol Administrator Charlotte Wilson chose to surrender her license after an informal hearing rather than move forward to a formal hearing. Had she been found guilty in a formal hearing, she could have permanently lost her license to practice in Virginia.

Wilson claimed before her informal hearing that she did not have the concrete proof necessary to take action against former nurse’s aide James Wright. Wright was recently sentenced to 60 years in jail for the aggravated sexual battery of four elderly nursing home residents.

Wilson signed a consent order that accused her of the following:

Ignoring complaints that Wright had attacked two patients
Delaying the report of an abuse allegation to a patient’s family by one day
Failure to ban Wright from some patients’ rooms despite their requests
Enforcing a policy that had staff report abuse allegations to a superior at the nursing home instead of to an administrator or state or local official as required by law

While Wilson did sign the consent order, she did not admit any wrongdoing. In addition, she may only lose her license for one year as long as she is not accused of any further wrongdoings.

Norfolk VA car & bicycle accident leaves cyclist injured

A bicyclist had to be taken to the hospital after being hit by a car in Norfolk. The accident happened near the intersection of Tidewater Drive and Virginia Beach Boulevard, and initially police responded to the scene of the accident believing that the bicyclist had sustained life-threatening injuries.

Fortunately the cyclist was not in fact seriously injured. He was hit by a car, but it is not known exactly what happened. The incident is still under investigation.

The northbound lanes of Tidewater Drive at the intersection with Virginia Beach Blvd. had to be closed so crash scene investigators could work, but the road reopened after about an hour.

No charges have yet been filed. It is not clear if the bicyclist, the car driver or both were at fault in the crash. Charges may be filed after the Norfolk police investigation team has had time to review their findings.

This cyclist was fortunate, because many times bicycle riders hit by cars or trucks are very seriously injured or even killed. The busy intersections in Norfolk are especially prone to serious accidents, particularly during morning or evening rush hour.

If the car driver is found to be at fault, the bicycle rider may wish to file suit against the driver and his or her insurance company to secure compensation for injuries and damage to the bike.

Virginia Beach car wreck kills one and injures three others

A single-vehicle car crash in Virginia Beach has claimed the life of one person and left three other people with serious injuries. The accident happened in the 1000 block of General Booth Blvd when a car hit two trees and overturned.

There were four people in the car, a 1991 Toyota Camry, when the accident happened. The man who was killed, Timothy Paul Pritchard, 25, of Maize Court in Virginia Beach, was not wearing a seat belt when the accident happened. He died later at the hospital.

When Virginia Beach police arrived on the scene, one person had gotten out of the car but the other three occupants were still trapped inside. The names of the surviving passengers have not been released. All the vehicle occupants were taken to the hospital to be treated.

The driver of the car sustained non-life threatening injuries, the front seat passenger sustained life-threatening injuries, and the other rear passenger has serious injuries. The cause of the wreck is unknown and is still under investigation.

Single vehicle crashes can be very serious if the vehicle runs off the road, and serious injuries are not uncommon if vehicle occupants are not wearing seat belts.

Virginia Beach police officer, civilian taken to hospital after crash

A crash at the intersection of South Plaza Trail and South Independence Boulevard resulted in a police officer and his civilian passenger being taken to a local Virginia Beach hospital.

The accident happened when the police car, which was responding to the scene of another crash, was going through the intersection with his siren sounding and lights flashing. As the police vehicle moved through the intersection, it was hit on the passenger side by a white Suzuki SUV.

The force of the collision caused the police cruiser to spin towards a ditch, where it eventually stopped. The officer and his passenger were wearing their seat belts, which, according to a police spokesperson, prevented more serious injuries.

The driver of the Suzuki was not injured, and has not yet been charged. The collision is still under investigation and charges could follow.

The civilian traveling with the police officer was participating in a study examining the role of drug use in Virginia Beach auto accidents. In order to collect data, researchers travel with police officers to crash scenes in order to request voluntary blood and saliva samples. The results of this study should be ready for release in the summer of 2011.

Tidewater motorists, get ready for a new seat belt law

A number of new Virginia driving laws are set to take effect on July 1, 2010, and among them are new seat belt laws that will definitely affect drivers in the Tidewater region.

The new laws were enacted to make seatbelt enforcement easier, and to send a message to drivers and their passengers that seat belts save lives. One of the laws also closed a loophole that allowed 16 and 17 year old drivers to ride in a Virginia vehicle without a seat belt.

Here’s a summary of some of the new Virginia seat belt laws:

All vehicle passengers under the age of 18 must wear a seat belt, no matter if they are riding in a front seat or back seat. Drivers can be stopped for having unbelted passengers under the age of 18 as a primary offense. That means police can stop the driver for no reason other than seat belt enforcement – and the driver will get a ticket if an unbelted person under 18 is discovered.
Drivers and passengers 18 and older must wear a seatbelt in the front seat of the car, but this is a secondary offense. A driver cannot be stopped by police simply because somebody over the age of 18 is not wearing a seat belt in the vehicle. However, if the driver is stopped for another reason and it turns out somebody over the age of 18 is not wearing a seat belt in the front seat, the officer may issue a ticket.

Tidewater residents, you’ve been warned. Time to buckle up!

Homeless man killed by dump truck accident at Virginia Beach

A man sleeping in a beach chair was killed when he was hit by a dump truck on Virginia Beach a little after 8 a.m. The victim, a homeless man named Michael Knockett, 52, a fixture on the beach, was sleeping in what the Deputy City Manager called a “depressed area” and could not be seen by the dump truck driver.

The 18,000 pound dump truck was collecting trash from the beach when the accident happened. According to the director of public works there are four such trucks that patrol the beach every morning to remove trash, and they work from about dawn to 10 a.m. Truck drivers must have a commercial driver’s license (CDL) and have to be trained by the city.

The dump truck driver did not realize that he had run over Knockett. A witness ran down the beach to tell the driver that they had rolled over the victim. Police are investigating the incident. No charges have been filed.

Although this type of accident is unusual, it is not the first time that an “official” truck has injured a beachgoer. Last year a Virginia Beach sunbather was run over by a lifeguard truck. Some area residents are questioning how this accident could have happened, especially as the dump trucks are only supposed to drive 2 miles per hour.

Pickup truck wreck injures three in Suffolk

Three people were hurt when a pickup truck ran off the road on Route 58 in Suffolk. The pickup truck was the only vehicle involved in the accident. It is unknown why the driver, a man whose name is unknown, veered off the road and crashed.

The vehicle in question, a Ford Ranger, was headed westbound on Rt. 58 when it left the roadway near Pine Chapel Drive in Suffolk. Two female passengers riding in the Ford were ejected when the truck veered off the road.

One lane of Route 58 had to be closed near Holland Road so that police and investigators could evaluate the scene and treat the victims.

The two women and a third victim had to be taken to Sentara Norfolk General Hospital to be treated for their injuries. The victims ranged in age from 18 to 20. No details of their injuries were released, and it is not known if they were hurt severely or not. According to police, all three of the victims are in stable condition.

Single vehicle crashes like this where the driver runs off the road are often caused by distracted driving or drowsy driving, where the driver falls asleep at the wheel. The driver in this situation is fortunate that no other vehicles were involved in the wreck, although his passengers were injured.

Windsor woman dies in tragic car wreck on Rt. 258

A Windsor woman with long ties to the Tidewater area died in an automobile accident on Friday. The crash happened when the woman, 47 year old Karen Phillips Chase, veered off the road as she was headed south on Route 258 near Route 799.

According to Virginia State Police, Chase overcorrected after leaving the roadway, causing her 2003 Volkswagen Beetle convertible to cross over into oncoming traffic. As a result she crashed into a 2007 Nissan Altima.

Unfortunately Chase was seriously injured in the accident and died at the scene. She was wearing her seatbelt when the accident happened. The driver of the Nissan was taken to a nearby hospital to be treated for non-life threatening injuries. Police do not believe that alcohol was a factor in the wreck.

Chase was a registered nurse who had worked for over 25 years in the Western Tidewater Health District. She is survived by her husband, the Isle of Wight Emergency Services Coordinator Rusty Chase and three daughters, Lindsey, Lauren and Leigh-Ann.

To help pay for the Chase daughters’ education, the Carrollton Volunteer Fire Department hosted a bluegrass concert, with all proceeds going to a fund for the girls. Chase was buried in a ceremony at Windsor Cemetery.

Former Virginia Beach deputy sentenced in DUI crash case

A former Virginia Beach sheriff’s deputy has been sentenced after entering a guilty plea for charges stemming from a DUI accident that left two people seriously injured.

The accident happened in March 2009 when Lisa Marie Schettler, 24, was driving while intoxicated and swerved into oncoming traffic, crashing into another vehicle. The occupants of the other vehicle, Donald Gay, 63, and his wife Elaine Gay, 62, were injured in the collision.

Mr. Gay broke bones in one of his wrists while his wife sustained injuries to her knees and ankles. Schettler was charged with reckless driving under the influence with permanent victim impairment and second DUI conviction in a five year period.

Schettler was first arrested for drunk driving in January 2009 when she was working as a deputy. She was fired as a result, and two months later was found to have a BAC of 0.44 after hitting the Gays. According to police in the case Schettler did not remember the accident at all nor could she remember what she was doing before the accident.

The judge in the case sentenced Schettler to six years in jail, with 1 1/2 years suspended if she agrees to supervised probation, completes an alcohol program and completes 10 years of good behavior.

Shore Drive speed limit lowered to 35

On Tuesday, the Virginia Beach City Council unanimously decided to lower the speed limit on part of Shore Drive from 45 mph to 35 mph. The stretch of Shore Drive that will be affected runs from Pleasure House Road to North Great Neck Road. The decision came after friends and family members of pedestrians killed on Shore Drive and neighborhood residents petitioned city leaders. Virginia Beach traffic engineers believe that the 45 mph speed limit was appropriate for Shore Drive. Police have said that the two most recent pedestrians killed on Shore Drive were under the influence of alcohol and not in crosswalks when they were hit; no charges have been filed against the drivers.

Fatal Car Crash in Norfolk on I-64 Blamed on Speed & Weather

According to Virginia State Police a man is dead after crashing his car on I-64 West. The man, Rodney Quintel Drayton, 45, crashed in Norfolk after merging onto I-64 West at Tidewater Drive.

Drayton lost control of his vehicle and crashed into a tractor trailer. He was ejected from his vehicle upon impact and died at the scene of the accident. According to police, Drayton had not been wearing a seat belt. It is unknown if he would have survived had he been buckled up.

It was rainy the morning that Drayton was killed, and Drayton was also traveling faster than police consider safe considering the weather. Police believe that the weather and Drayton’s excessive speed led to the crash.

Drayton would have been a target for Virginia’s annual “Click It or Ticket” campaign, where law enforcement officers are out in force looking for drivers who are not buckled up. As evidenced in this case, driving without a seat belt leaves drivers vulnerable to being ejected from their vehicle in a wreck.

While there is no guarantee that a seat belt will save drivers or their passengers from injury or death, wearing a seat belt improves one’s chances of surviving a car crash. Common sense measures like seat belt use and safe driving speeds (especially during inclement weather) can save lives.

Child Abuse Charges for Virginia Beach DUI Driver with Kids in Car

A man who was stopped after crashing into his neighbor’s townhouse is facing serious charges after police found three children in the vehicle with him – and he appeared to be drunk.

According to Virginia Beach police, the man, Alvin Taylor, put his car into reverse and didn’t stop until he hit is neighbor’s townhouse. When police were called to the scene of the accident they discovered that Taylor had kids in the car with him and seemed to be under the influence of alcohol.

Two children were wearing seatbelts in the back seat of his car, and another child was on Taylor’s lap. Police also believed that Taylor was driving drunk. He was taken to Virginia Beach jail and is now facing charges of driving under the influence (DUI) and child endangerment.

There were no injuries in the case and the incident is being investigated by the Virginia Beach police.

Drivers caught driving drunk with a minor (person under age 17) in the vehicle can face aggravated charges and end up with a mandatory 5 days in jail and additional penalties depending on the situation. In this case Taylor faces a Class 6 felony charge because the children were not injured in the accident. If they had been injured, he would be looking at a very serious Class 4 charge.

This Memorial Day, Focus on Abuse of Veterans in Nursing Homes

This Memorial Day all Virginians should take a moment to thank veterans for the sacrifices they have made over the years for this great nation. Not only have veterans risked their lives on the front lines to protect our American way of life, but they often return home with disabilities or illnesses because of their service.

As they age, veterans may find that they are no longer able to care for themselves – especially if they suffered long-term debilitating physical or mental injuries while in service to their country. As a result, American veterans can be found in nursing homes and assisted living facilities across Virginia.

The veterans in nursing homes are not just elderly service members. These days it is not unusual for young soldiers to return home with terrible wounds or illnesses, landing them in nursing home or assisted living facilities for short or long-term stays.

While being cared for by nursing home staff, some veterans suffer from physical, mental, emotional, sexual, or financial abuse. Short-staffed nursing homes can be a problem, and uncaring facility staffers or greedy family members can also contribute to an abuse or neglect case.

As we remember our veterans this Memorial Day, let us not forget those who have sacrificed so much that they now find themselves resting and recuperating in Virginia nursing homes or assisted living facilities. We must all do our part to remain vigilant for the specter of abuse and neglect, and never be afraid to speak up if we believe a vulnerable individual is at risk.

Virginia Beach man killed in serious auto wreck on I-264

An early morning car crash on the eastbound lanes of Interstate 264 near Ballentine Boulevard has taken the life of one man and injured two other people.

The accident happened about one mile from Broad Creek when the driver of a 2006 Acura ran off the side of the road and hit a retaining wall. According to police, the Acura then ran off the other side of the road, struck a guard rail, became airborne, hit a light pole and control box, overturned a number of times, and finally came to rest.

While the vehicle was rolling over, three occupants were ejected. None of the three ejected individuals was wearing a seatbelt. The driver of the car, a 21 year old man from Virginia Beach, was one of those ejected; he died at the scene of the accident. His name has not yet been released, pending notification of his family.

The other two were passengers in the Acura. They were taken to the hospital with non-life threatening injuries. Rollover accidents are often quite serious, especially if occupants are not wearing seatbelts.

Speed is believed to have been a factor in the accident. Police are still investigating the wreck, which led to the closing of the two right lanes of I-264.

DUI Conviction for Former Virginia Beach Police Officer

Another Virginia Beach police officer is in the news because of driving under the influence of alcohol. Stephane N. Prevot, 42, was suspected of driving under the influence the morning after Christmas day.

Fellow officers responding to a drunk and disorderly call found Prevot, whom they suspected was drunk. He had backed out of his driveway and hit a neighbor’s mailbox. A witness observed Prevot then driving down the road, swerving.

Prevot refused to take a breathalyzer or any other blood alcohol level test when he was stopped. He was charged with driving under the influence and hit and run. Prevot had been a Virginia Beach Police Officer for nearly five years when the incident happened.

As a result of his arrest and charges Prevot was placed on administrative duty. He subsequently left the police force earlier this month.

Last year Virginia Beach Police Officer Bryan K. Womble was involved in a car crash, and found to have a BAC of 0.15. Womble was a member of the Traffic Safety Unit, formerly the Selective Enforcement Team. This is a group within the Virginia Beach Police Department that focuses on stopping impaired drivers. He is no longer with the police force

Three men thrown from car in fatal crash

Around 3 a.m. this morning, a 2006 Acura ended up in a ditch near Ballentine Boulevard on I-264. The driver of the Acura was a 21-year-old Virginia Beach man. He was speeding and lost control of his vehicle; the Acura ran off the left side of the road, crashed into a restraining wall, crossed four lanes of traffic, ran off the right side of the road, hit a guardrail, became airborne, hit a light pole, flipped several times, and finally fell into a deep ditch. The driver and his two passengers were all ejected from the vehicle. The driver, who was not wearing his seatbelt, landed in water and died at the scene. The two passengers were taken to the hospital with injuries not considered to be life-threatening. The identities of the men have not yet been released.

Felony charges for "sexting" Franklin teens

Over the past few days, five students at a Franklin high school have been charged with various felony counts of using a cell phone to possess and transmit pornography involving minors. The charges stem from an incident where a female student used a male student's cell phone to take pornographic pictures of herself in a school bathroom; the male student then forwarded those pictures to other students. The charges vary from student to student depending on how many images were found on each student's cell phone. Currently, there are no federal or state laws concerning sexting; since prosecutors are unsure as to how to handle such incidents, some have been charging offenders with misdemeanor obscenity charges instead of felonies.

To learn more about sexting, please visit this abc news article.

20-year-old dies in Virginia Beach crash

Around 12:45 p.m., 24-year-old Donesha Stancil-Plotts lost control of her 2004 Saturn as she entered Interstate 264 from Lynnhaven Parkway. The Saturn spun across four lanes of traffic, striking a 2002 Ford pickup before running off the road. The pickup truck flipped over and ejected a passenger, 20-year-old Sarah Klos, who died on her way to the hospital. The pickup was driven by Adam Klos.

Stancil-Plotts has been charged with reckless driving; additional charges are pending. Investigators have said that weather did not play a part in the crash.

Virginia Beach city employee charged with DUI after hit-and-run crash

Virginia Beach’s landscape supervisor has been charged with a DUI after striking a motorcycle then leaving the scene of the accident. The crash left the driver of the motorcycle and his passenger injured.

The city employee, Juanita Demastus, was driving near her home in the 600 block of Grant Street when she failed to yield and struck a motorcycle. The motorcycle driver, Chris Zimmerman, and his passenger Gemariah Shaw were both thrown into Demastus’ Jeep.

As a result of the crash, Zimmerman and Shaw were taken to the hospital by ambulance. Zimmerman was left with 72 stitches in his face; Shaw blacked out when he was hit.

Demascus was found because her next door neighbor noticed her coming home at 12:30am. Demascus apparently told her neighbor, Debbie Tarkenton-Richter, that she had been drinking and hit something.

Tarkenton-Richter and others ran a block away and saw the crash scene, then called police. The police came to Demascus’ home and arrested her.

Demascus was charged with two counts of hit and run involving personal injury and one count of driving under the influence (DUI). She declined to speak to a local newspaper and give a statement from her jail cell in Virginia Beach.

Are alcoholic energy drinks to blame for Virginia Beach DUI death?

Last month a high-school student was killed in an accident that was blamed on drunken driving. The driver was a 16 year old boy who now faces DUI and involuntary manslaughter charges for his role in the crash that took the life of Joseph Fonseca.

Virginia Beach police believe that the teen driver may have purchased and consumed an alcoholic energy drink before causing the crash that killed Fonseca. These drinks are causing controversy, as many believe that they are designed to be similar in appearance to ‘regular’ non-alcoholic soda beverages.

It is possible, believes the Virginia Alcohol Beverage Control (ABC), that in some cases store sales clerks are unaware that they are selling alcoholic energy drinks – and customers may be unaware that they are buying them.

Not only that, but if underage children are able to get possession of alcoholic energy drinks, they can consume them in public or in front of adults or parents who would be unaware that they are consuming an alcoholic beverage.

These drinks aren’t just alcoholic, they are very alcoholic. Many are 10 to 12 percent alcohol, which is more than twice the alcohol in a beer and close to the amount of alcohol in a glass of wine.

Virginia Beach nursing home with violations will retain govn’t funding

Last month it looked like the Beacon Shores nursing home would lose Medicare and Medicaid funding because of poor ratings. However, attorneys for the facility have apparently reached an agreement with the Centers for Medicare and Medicaid Services.

Beacon Shores Nursing and Rehabilitation was in the news last month when word came that they were at risk for losing their federal funding. It all came about because they were on a list of poor-performing nursing homes called “Special Focus Facilities”, and have been since February 2008.

The facility was labeled as such because it had consistently received poor ratings by CMMS and had already been given the chance to improve. Right now there are three other nursing homes in Virginia on the Special Focus Facility list; no word on whether or not those facilities will also risk losing federal funding.

Beacon shores had been cited for failing to notify doctors or family members when elder abuse or neglect happened at the facility. They also had deficiencies for failing to protect residents from abuse and neglect, among others.

The goal of the special focus facility program is to focus attention on nursing homes that consistently receive low ratings and do not improve on their own. These facilities are visited twice as often as other facilities, they face much stiffer penalties for deficiencies, and if they don’t improve they face being terminated from the Medicare and Medicaid programs.

Bond revoked for man accused in Virginia Beach DUI hit-and-run

A man accused of driving drunk and crashing into and elderly pedestrian in Virginia Beach has had his bond revoked. The man, Dorek Hayes, 29, was accused of driving while intoxicated. He is also accused of hitting Mary Edwards, 73, on Honeygrove Road in December, then fleeing the scene of the accident.

Hayes was arrested about a block away from where he ran into Edwards when he crashed into a van. After the accident Hayes was charged with driving while intoxicated twice in a five year period, maiming, refusing to take a blood or breath test, and hit and run with injuries. In January he was released on $7,500 bond – with conditions including a 10pm curfew, no alcohol, and he was supposed to seek employment.

Hayes bond was revoked this month when a Circuit Court Judge decided that he should remain in custody pending the outcome of his trial. The judge was influenced by information from Hayes’ pretrial officer who reported that Hayes was found to have alcohol in his system four times in the last three months. This was in violation of his bond conditions, and led to him being taken back into custody.

Edwards was left bedridden after the accident and still requires a feeding tube. She had to be hospitalized after being hit, with fractures in both her ankles, legs, pelvis, ribs and back. Her husband, Francis Edwards, believes that the accident could have been prevented if Hayes had received a stiffer punishment the first time he was caught drinking and driving.

Norfolk teacher hit by car, killed on Shore Drive in Virginia Beach

An elementary school teacher at Tanner Creek Elementary School in Norfolk was hit and killed by a car on Virginia Beach’s Shore Drive last week. According to a police spokesperson, the teacher, Whitney Lynne Hulce, 25, from Chesapeake, was struck while crossing Shore Driver after leaving a bar nearby.

Hulce was not crossing at a controlled intersection or at a crosswalk, said police. She was hit by a 2005 Chrysler 300. Hulce was pronounced dead by Emergency Medical Services (EMS) when they arrived at the scene of the accident. No charges are being filed against the driver of the Chrysler. Alcohol use by Hulce may have been a factor in the crash.

Hulce was a first-year 2^nd grade teacher at Tanner Creek Elementary School, and she left behind a class of 20 students. Grief counselors were made available to students at Tanner Creek after her sudden death.

Hulce is the 10^th pedestrian to be killed on Shore Drive in eight years, reigniting debate about the safety of the road. It was a mere 6 months ago that 21 year old Arnold Lee Jones was killed at nearly the same place as Hulce on Shore Drive. The driver that struck Jones was not charged, either.

Driver Charged in Newport News Crash

Around 5:30 p.m. yesterday evening, a red Lincoln Navigator traveling at a high rate of speed did not yield at the intersection of Madison Ave and 36th Street in Newport News. A taxi travelling through the intersection hit the Navigator, causing it to flip several times. Jeanette Watford was ejected from and subsequently trapped underneath the Navigator; witnesses tried to free her but she died before they could get her out. The driver of the Navigator, 34-year-old Keith Duane Ellis, ran away from the accident, leaving his girlfriend behind. He was caught a short time later and charged with DUI, involuntary manslaughter, and felony hit and run; he was also charged with his sixth offense of driving with a suspended license. The driver of the taxi was taken to a local hospital with non-life threatening injuries.

Head-On Collision Leaves One Dead, Two Injured in New Kent County

State Police are investigating a deadly crash that happened around 7:50 p.m. last night in New Kent County. According to investigators, Frederick N. Appell, 32, was speeding, lost control of his truck, crossed over the double yellow lines, and struck another truck head on. Appell died at the scene; he had not been wearing a seat belt. Appell's passenger, who was also not wearing a seat belt, was flown to Virginia Commonwealth University Medical Center with life-threatening injuries. Daniel C. Massie, 30, was driving the other truck; he was wearing his seat belt and was taken to Bon Secours Regional Medical Center with injuries that are non life-threatening.

Richmond to Install Red-Light Cameras

According to the Richmond Times Dispatch, the city of Richmond will begin installing digital cameras at twenty intersections in order to catch drivers who run red lights. If caught running a red light, a driver will be forced to pay a $50 civil penalty; driving records and insurance rates will not be affected because it is not a criminal charge. The Mayor's office has said that the only goal of this program is to reduce the amount of people who run red lights, but many aren't convinced. People who oppose photo-enforcement programs cite privacy as a major concern. The executive director of the ACLU of Virginia has encouraged citizens to question whether the main goal of the program is to make money, since photo enforcement violations have no effect on driving records and therefore may not improve safety, and ask themselves whether or not they are willing to give up their privacy.

Fiery Virginia Beach car crash injures three, causes rollover

A crash in Virginia Beach involving two vehicles has left three people – including a child – injured. Fortunately, all individuals involved in the accident were wearing their seatbelts, otherwise their injures could have been much worse.

The accident happened when a white car and an SUV crashed into each other. The force of the impact caused the SUV to rollover several times, until it came to rest on its side. The crash took place at the intersection of Old Force Road and Presidential Boulevard on Sunday evening.

A fire broke out after the vehicles collided, making rescue efforts more dangerous. All three individuals involved in the wreck were treated at the hospital and then released.

According to Virginia Beach police, the driver in the white car was at fault. That driver failed to stop at a stop sign, and as a result was issued a summons for disregarding a stop sign.

It is unknown why the driver failed to stop at the stop sign, but distracted driving is a common reason why drivers fail to obey traffic signals or signs. The driver could have been distracted by a cell phone, smart phone, GPS device, music player, or any of a myriad other distractions. It is also possible that the driver dozed off behind the wheel.

Virginia Beach nursing home may lose Medicare and Medicaid funding

The future looks grim for a Virginia Beach nursing home that faces the loss of Medicare funding due to poor performance issues. Beach Shores Nursing Home and Rehabilitation was labeled a “special focus facility” in 2008 by the Centers for Medicare and Medicaid Services.

The facility in question had deficiencies related to keeping the residents well-nourished, protecting them from elder abuse and punishment, and ensuring the residents were cared for by staff with no record of abuse or neglect. This home was also cited for failing to notify family members or doctors when elder abuse happened.

Special focus facilities are those that have chronic problems that aren’t addressed even after multiple visits from inspectors. As Beacon Shores has failed to improve the quality of care and services that it offers, two Virginia health agencies are moving to end its Medicare and Medicaid payments.

When this happens, nursing homes often end up closing or they go through a change in management and staff. A loss of funding means that the home is not reimbursed for nursing home patients who rely on Medicare or Medicaid, so those individuals sometimes have to find new facilities.

However, in this situation lawyers for the nursing home claim they have come to an agreement to prevent Medicare and Medicaid payments from being stopped. So far three residents of the nursing home have chosen to go elsewhere, while 123 have chosen to remain for the time being.

It is rare for Medicare funding to be pulled from a Virginia nursing home. Since 1995, this has only happened 12 times.

Reckless driving charges for Virginia Beach woman who crashed into EMS

A Virginia Beach woman who crashed into an emergency medical services vehicle has been charged with reckless driving. The 46 year old woman, Josephine Pascarella, was traveling east on Laskin Road in the afternoon when she crashed her minivan into the side of the EMS vehicle.

The EMS vehicle (not one that transports patients) was headed south on First Colonial Road when the accident happened. Pascarella apparently did not see the lights of the EMS vehicle, which were on, as well as the emergency sirens. The auto accident happened at the intersection of Laskin and Colonial roads.

Pascarella was taken to a local hospital, but according to police she was not injured in the accident. A paramedic student traveling in the back of the EMS vehicle had to be cut out by emergency responders, and was also taken to the hospital. The student’s injuries were serious, but were not believed to be life-threatening.

The medic who was driving the EMS vehicle had to be taken to the hospital as well after the crash, with non-life threatening injuries. The medic was released later that evening.

The accident is still under investigation. As a result of the t-bone collision, Pascarella was charged with reckless driving.

Family, friends mourn Virginia Beach Teen killed in DUI accident crash

A sixteen year old boy, Joseph Fonseca, is dead after a DUI accident when the vehicle in which he was riding collided with a tree. The vehicle, a 1999 Oldsmobile, was being driven by the deceased teen’s friend, another sixteen year old boy.

Fonseca, a student at Kempsville High School, was riding with his friend when their vehicle struck a tree on Avalon Avenue. Fonseca was pronounced dead at the scene of the accident. According to police, the driver of the vehicle was driving under the influence of alcohol when the crash happened.

After being taken to the hospital with non-life threatening injuries and being booked at the Virginia Beach juvenile detention center, the teenage driver was charged the teenage driver with DUI and involuntary manslaughter.

The case is being investigated by the Virginia Beach police department’s fatal accident crash team. Fonseca’s family and friends were especially distraught by this crash, as the driver was a close friend of the victim and the accident happened so close to their homes.

A memorial was created at the crash site by friends and family members of the two teen boys involved in the crash. The accident is still under investigation and the name of the teen driver has not been released.

St. Patty’s sobriety checkpoints lead to 9 Virginia Beach DUI arrests

Virginia Beach police were out and about over the Saint Patrick’s Day weekend at sobriety checkpoints designed to nab Virginia drivers under the influence of alcohol. Checkpoints across the area snagged nine motorists, all of whom were charged with drunk driving.

In addition to the nine DUI charges, police officers also made several other arrests. Three were felony arrests (one drug violations, one probation violation, and one habitual offender), and four were misdemeanor arrests (two for marijuana possession, one for failure to pay child support, and one for driving with an open container).

On top of those arrests police also issued 188 summons for offenses like excess speed and seatbelt violations. The Special Operations Traffic Division of the Virginia Beach Police Department was responsible for the checkpoints and the arrests and summons.

Holiday days and weekends typically see more cases of drunken driving than other days of the year, which leads law enforcement officers to set up sobriety checkpoints during these times. Last year five arrests were made at sobriety checkpoints on St. Patrick’s day in Virginia Beach.

Some people question the legality of sobriety checkpoints, as they stop a motorist who has done nothing wrong and subject him or her to police scrutiny. However, at this time in Virginia they are legal – if unfair.

Is greed to blame for Toyota’s recall problems?

The news about Toyota’s recall woes continues to flow, and it isn’t good. Now, the former head of Toyota’s United States operations has issued a statement about the company’s troubles. Jim Press worked for Toyota for about 37 years, leaving to work for Chrysler.

Press, who is also the only non-Japanese individual to ever sit on Toyota’s board of directors, blamed the company’s recall troubles on “financially oriented pirates” who took over the company years ago.

Toyota has issued a number of recalls in recent months that affect over eight million vehicles worldwide. Front and center in the public’s attention are allegations that some affected vehicles could accelerate unexpectedly, leading to accidents, injuries or vehicle fatalities.

The statement issued by Press is damning. He stated that the root cause of Toyota’s problems is that “the company was hijacked, some years ago, by anti-family, financially oriented pirates. They did not have the character necessary to maintain a customer first focus.”

Press went on to add that Akio Toyoda, the current CEO of Toyota, is “not only up for the job” but is “the only person who can save Toyota”.

There is a long road ahead for Toyota, as the number of crash deaths attributed to the floor mat and accelerator pedal recalls continues to grow, and lawsuits continue to be filed against the auto giant.

Ignition interlock devices for any Virginia DUI conviction?

A bill has been approved in the Virginia House of Delegates that would require anyone convicted of driving under the influence of alcohol to use an ignition interlock device. Ignition interlocks are devices that are installed in drunk driving offender’s vehicles. Before a car can be started, the driver must breathe into the device, which can detect whether or not a driver has been drinking.

The bill, House Bill 1197, would make the installation of an ignition interlock device mandatory for all individuals convicted of a DUI offense, as a condition for receiving a restricted license. The bill requires any motorist with an ignition interlock device to use it for at least six months.

The ignition interlock device would be required for any drunk driving convict, even first time offenders. Right now only drivers who have a prior DUI conviction or those who have a blood alcohol conviction (BAC) of 0.15 or higher are required by Virginia law to have an ignition interlock device installed. At this time first time offenders would only be required to have the device if it were ordered by a judge.

Right now 47 states have ignition interlock device laws; if HB 1197 makes it into law, Virginia would join ten other states that required the device for any drunk driving conviction. The bill appears popular with lawmakers eager to appear tough on drunk driving; it passed in the House with an overwhelming 84 to 13 majority.

Police may soon ask “Where did you have your last drink?”

When it comes to DUI lawsuits, law enforcement officers want to do everything they can to convict anybody they suspect of drunk driving – and lawmakers are eager to help them do so.

A new bill is making its way through the Virginia legislature, and it would require that Virginia police officers ask drivers suspected of driving under the influence where they had their last drink.

The reason for the bill is to allow law enforcement officers to target establishments that fail to follow liquor laws. It is a misdemeanor in Virginia to serve alcohol to somebody who is already intoxicated.

Once officers determine where a DUI suspect has been drinking, they would be required to inform the Alcoholic Beverage Control (ABC) Board.

This could have an impact on DUI lawsuits, making it easier for prosecutors to go after businesses when an intoxicated driver is involved in a criminal complaint.

If you are facing DUI charges, then it is important that you understand your rights. The punishments for being convicted of a drunk driving offense are severe, and can affect you for life. Not only that, but there are significant collateral consequences that come with a DUI conviction.

Jury awards senior $7.75 million in nursing home abuse lawsuit

A woman who suffered through abuse at the hands of a nursing home staffer has been awarded a $7.74 million settlement by a California jury. Of the $7.75 million award, $5 million was for punitive damages.

The woman, Maria Arellano, 71, spent time in a nursing home because she was unable to walk or speak after a stroke. A camera caught video footage of one of the Fillmore Convalescent Center employees abusing Arellano.

The employee was, Monica Garcia, was clearly shown in the video slapping Arellano, pulling her hair, roughly handling her, and treating her violently in a shower seat. According to Arellano’s lawyers, the facility had been notified of the abuses in writing by more than one family.

The lawsuit claims that Garcia had been named by at least one family member as an abusive nursing home employee. As a result of the lawsuit, Garcia admitted to abusing Arellano. However, she claimed that she only abused the elderly resident on the day that the video footage was taken.

It is important for Virginia families to know the signs of nursing home abuse and neglect. It is also very important for friends and family members of Virginia nursing home residents to speak up if they fear that a resident is being abused or neglected.

Hampton Roads residents killed in tragic out-of-state auto accident

The Hampton Roads area has lost two people after a tragic crash on an Indiana highway. According to police, the accident happened in northwestern Indiana when the couple’s SUV collided with a tractor-trailer.

Amanda McRae, 25, of Portsmouth, and Lewis Corron, 35, of Chesapeake, were headed southbound on Interstate 65 about 25 miles south of Gary when they crossed the medial and hit the semi-trailer head-on.

Both McRae and Corron were killed in the collision. The truck driver was not injured in the crash, and the containers of compressed chlorine that he was carrying fell off the truck but were not damaged.

I-65 was closed for over three hours after the crash so the scene could be investigated. The accident happened in the early hours of the morning, and it is not know if drowsy driving was a factor in the crash.

When passenger vehicles like the SUV in this case collide with a large truck, the result is often very serious injury or death for the occupants of the passenger vehicle because of the enormous size difference between the two vehicles. In addition, head-on collisions are the worst type of crash, as the force of each vehicle traveling in opposite directions combines upon impact, causing massive property damage and serious personal injury.

Virginia Beach Police Sergeant Arrested for DUI

Late Sunday night after the Super Bowl, a state trooper pulled over 37-year-old James Eric Riddick on I-264 in Virginia Beach. The state trooper said that Riddick had been 'weaving' and, when he pulled him over, smelled strongly of alcohol. Riddick failed field sobriety tests and registered a BAC of .18, more than twice the legal limit of .08. Riddick was arrested and charged with drunken driving; he spent the night in jail and posted bond the next morning.

James Eric Riddick is a Virginia Beach police sergeant and a 15-year veteran of the Police Department. He is on administrative leave pending the outcome of his trial on May 18th.

Wrong-way Hampton Roads tunnel driver accused of DUI

A driver traveling the wrong way through the Hampton Roads Bridge-Tunnel has been charged with driving under the influence (DUI). The driver, 21 year old Charon Spruce, made it ten miles while traveling east on the westbound lanes of I-64. Eight people called 911 to report her activities.

Spruce entered I-64 the wrong way at mile marker 251 which is the Hampton Roads Center Parkway. Over those ten miles, Spruce, who was driving a 2002 Ford Escape with the headlights off, managed to cause three separate motor vehicle accidents by hitting four cars. One crash resulted in injuries.

According to police, when Spruce was stopped she was riding on her rims with a deployed airbag. Police stated that until her airbag deployed Spruce was unaware that she had caused several accidents.

Spruce, a senior at Hampton University, had apparently been drinking at a club in Hampton Roads before the accidents. At the time of the crash she was trying to drive to Portsmouth to visit her sorority sisters.

Police have charged Spruce with reckless driving, felony hit-and-run and driving under the influence of alcohol. She was held in Hampton City jail after the accident.

Virginia Beach nurse implicated in nursing home identity theft

A Virginia Beach nurse has been sentenced to two years in jail after pleading guilty to charges of aggravated identity theft. The nurse, Erica S. Fowler, 27, was accused of stealing the personal identification of nine patients at the nursing home where she worked.

Fowler began stealing information from residents after only being on the job for a month at the nursing home. She worked for a total of four months before her crimes were uncovered, when a relative of one of the victims noticed some unusual charges on the resident’s credit card.

Some of the patients under Fowler’s care suffered from dementia, making the crime “very disturbing” according to a federal judge in the case. Two years in prison is the mandatory sentence for her crimes.

After stealing the identity cards of her victims at the Our Lady of Perpetual Help on Princess Anne Road, Fowler treated herself to a $14,000 shopping spree. She purchased a large amount of merchandise, including clothing and furniture.

The judge in the case was perplexed by the crime because Fowler was an honor student who received a scholarship to college where she maintained a 4.0 GPA before leaving school to work in the nursing home. The U.S. attorney blamed simple greed for her crime.

Fowler will remain free on bond until she reports to jail February 24 to serve out her sentence.

Kickbacks lead to nursing home residents being prescribed drugs

The U.S. Attorney in Boston has filed a 34 page complaint against the massive health care company Johnson & Johnson, accusing them of using kickbacks to push the use of their antipsychotic and antibiotic drugs. The charges against J&J stem from two consolidated whistle-blower lawsuits.

According to the complaint, J&J paid millions of dollars to pharmacy giant Omnicare in an effort to boost sales of specific drugs used in nursing homes. J&J believed that Omnicare pharmacists could influence doctors to prescribe the drugs for their nursing home patients, and paid them to do so.

The kickbacks were provided to Omnicare in a variety of forms, including rebates, grants and education funding. Allegedly as a result of the scheme sales of J&J’s antipsychotic drug Risperdal nearly tripled over a five year period, and antibiotic Levaquin jumped in Omnicare market share from 19.2 percent to 66.4 percent.

This isn’t the first time that Omnicare has been in trouble for such a scheme. This past November the Kentucky-based pharmacy agreed to pay $98 million to settle similar allegations brought by the federal government and various states. Omnicare also had to enter into a corporate integrity agreement with the Department of Health and Human Services as part of the settlement.

The prescribing of antipsychotic drugs like Risperdal is controversial, because some nursing homes use it to subdue patients as a form of chemical restraint. It is unknown at this time if the increase in Risperdal prescriptions was partially due to increased use of the drug to chemically control difficult nursing home residents.

Football Hall of Famer pleads guilty to Drunken Driving

Professional football Hall of Famer Bruce Smith was caught allegedly driving under the influence of alcohol last May, and was arrested after he failed a field sobriety test and also refused to take an alcohol breath test.

has pleaded guilty to drunken driving charges. He reached a plea agreement in this case, agreeing to plead guilty in exchange for the prosecutors agreeing to drop charges of speeding and refusal to submit to an alcohol blood or breath test.

It was the third time Smith was charged with a DUI in 13 years. The first time he was charged in 1997, the charges were dismissed. The second time he was charged in 2003, he was acquitted of the charges.

Smith was convicted in General District Court of the current DUI charge in addition to speeding and refusing to take a blood or breathalyzer test in July. After the conviction Smith and his attorney appealed the charges to the Circuit Court. Smith agreed to the DUI conviction as part of a plea agreement because he did not believe he’d escape the charge of refusing to take a blood or breath test.

As a result of the charges, Smith must pay a $1,000 fine, remain on good behavior for one year, and enroll in an alcohol safety program. Smith’s driving license has also been restricted for one year and he received a 90 day suspended jail sentence.

Man accused in fatal crash faces DUI, manslaughter charges

Virginia State Police have charged a 19 year old man, Nicholas R. Sickal of Barhamsville, of drunken driving, involuntary manslaughter, and maiming for his role in an auto accident that killed one person and injured another.

Sickal was allegedly heading south in the northbound lanes of I-295 when the accident happened. According to police, Sickal was originally traveling north when he stopped his 1999 Dodge Ram pickup truck and did a U-turn on the highway. As a result of that maneuver, he crashed into an oncoming Cadillac DeVille one quarter-mile south of the Pole Green Road interchange.

The Cadillac was being driven by William E. Goode, Jr., 51. Goode was killed in the collision, and his daughter, Aysha, 8, was taken to Virginia Commonwealth University (VCU) medical center with serious injuries. Aysha has since been released but is now without parents, as her mother died in 2007 from breast cancer.

A Virginia state trooper apprehended Sickal, who surrendered. After he was arrested and charged, he was released on a personal recognizance bond of $5,000 awaiting a hearing in Hanover County General District Court.

One Dead After Early Morning Chesapeake Crash

Chesapeake Police say that Brandon Drewrey, 31, was killed when a 1983 Ford F-150 veered off the road and struck his 1999 Camry as he was pulling out of a gas station on Military Highway. Drewery died at the scene; the driver of the F-150 was taken to a nearby hospital with non-life-threatening injuries. Weather may have been a factor in this accident Investigators want to talk with anyone who saw the accident; the accident is still under investigation and charges will not be filed until officers confer with the Commonwealth's Attorney's office.

Man Charged in Crash That Killed Elderly Couple

Around 2:30 pm on Tuesday afternoon, 44-year-old Christopher Dockiewicz was speeding and passing other vehicles in his BMW. While going around a sharp curve on Princess Anne Road, he lost control of his car and drove into oncoming traffic. Dockiewicz struck a Ford Contour driven by Anthony Tonking, 74. Tonking and his 72-year-old wife, Mary Jean, were pinned inside their car; paramedics and firefighters freed the couple, but Mary Jane died at the scene. Anthony Tonking died shortly after being taken to a local hospital. The couple was one week away from celebrating their 53rd wedding anniversary.

Christopher Dockiewicz has been charged with two counts of aggravated manslaughter and DUI. The crash remains under investigation.

Fatal Suffolk Wreck Caused by 16-year-old Driver

Around 3:30 p.m. last Saturday, David Chavis, 49, was driving his truck eastbound on Rt. 58. A Dodge Neon traveling westbound crossed the median, struck a guardrail, went airborne, and then crashed in Chavis' truck. Chavis died at the scene. The driver of the Neon, a 16-year-old male, was taken to the hospital with minor injuries. The crash is under investigation and charges are pending against the 16-year-old.

Wrong-way Driver Kills Norfolk Father on I-295

Around 11:40 p.m. last night, 19-year-old Nicholas Sickal drove his Dodge Ram the wrong way down I-295 outside of Richmond. Travelling south in the northbound lanes, Sickal's Dodge Ram collided with a Cadillac DeVille driven by 51-year-old William E. Goode, Jr. Sickal suffered non life-threatening injuries and was taken to VCU Medical Center in Richmond. Goode died at the scene while his 8-year-old daughter Alysha, who was wearing a seat belt, suffered a serious head injury and was taken to VCU Medical Center. Alysha's mother passed away two years ago after battling breast cancer. Police say alcohol was a factor in the crash and charges are pending.

Illegal immigrants accused of murder in Virginia Beach

A man is dead and another in critical condition after a shootout in Virginia Beach. Two men, both illegal immigrants, have been arrested in relation to the case.

Virginia Beach police have arrested Jorge Alberto Fuertes Loredo, 31, and Isidor Loredo Amaya, 31, on charges of murder and use of a firearm in the commission of a felony. Immigration and Customs Enforcement have placed a hold on the men. Their hearing is scheduled for early February.

The deceased man, Florentino Martinez-Melendez, 40, was shot to death by the men in a trailer part after a heated argument. The second victim was also shot but survived, although he is in critical condition. Both victims are also illegal immigrants.

According to the Virginia Beach Commonwealth Attorney Harvey Bryant, Loredo and Amaya have been living in Virginia for a while. They have lived in the state for the past ten years, splitting their time between Harrisburg and Virginia Beach.

If convicted, the men face deportment for their crime. It is not known what will happen to the surviving victim when he recovers from his injuries.

Drunk driver injures woman in Virginia Beach accident

A woman walking along Honeygrove Road in Virginia Beach was struck by an intoxicated man driving a Mitsubishi Eclipse at a high rate of speed. The man then left the scene of the crime.

The victim, 73 year old Mary Edwards, was left with many broken bones as a result of the crash. Her husband noted that she was lucky to have avoided internal injuries or other life threatening damage.

Edwards’ broken bones are serious, however. She fractured both her ankles, her legs, pelvis, ribs and back. According to her doctors, she will be unable to walk for at least three months.

The driver of the Mitsubishi, Dorek Hayes, 29, was arrested one block from the scene of the accident. Hayes had crashed his car into a van.

The driver was charged with second offense DUI, DUI refusal, hit and run, and maiming. He is being held without bond in Virginia Beach.

Hayes was first arrested for driving under the influence in 2006, again in Virginia Beach. He pled guilty to those charges and paid a fine as a result.

Drunk driver hits police cruiser in Virginia Beach

A driver crashed into a police cruiser headed towards a call this past weekend, injuring the police officer. The accident happened at the intersection of Shore Drive and Pleasure House Road when the driver, Robert Kitt, 22, turned into the oncoming path of a police cruiser.

The cruiser was being driven on Shore Drive by Officer Christopher Newbould, who had his lights and sirens on as he responded to a call. Kitt apparently did not hear or see the cruiser, and crashed into Newbould, striking the cruiser on the front driver’s side.

Both Newbould and Kitt were taken to a local hospital to be treated for injuries sustained in the crash. Kitt was treated and released, then arrested on charges of driving under the influence (DUI) and failing to yield to an emergency vehicle.

Newbould’s injuries include a dislocated and fractured shoulder. He was also treated at the hospital and released. Newbould was not wearing his seatbelt at the time of the accident. Officers are not required by law to wear their seatbelt, although they are encouraged to do so.

Kitt was released from jail on a $1,500 bond. He will appear before a judge in February to face the charges against him.

Man accused of killing two people in DUI crash allowed home for holidays

The driver of a car involved in a crash that took the lives of two passengers was allowed to visit with his family over the holidays. The driver, Richard B Freeman III, 24, is being held on the Norfolk Naval base while awaiting trial in the case.

Freeman was driving a black BMW and offered several people a ride back to the naval base. During the drive to the base, the surviving occupants claim that Freeman began to speed and drive in an aggressive manner. The trip ended when Freeman lost control and crashed on Granby Street in front of Bon Secours DePaul Medical Center.

Freeman was found to have a blood alcohol level (BAC) of 0.13, which is above the legal limit for driving in Virginia of 0.08. According to police, Freeman claimed that he had drunk six mixed drinks that evening.

The accident destroyed the passenger side of Freeman’s car, killing Cameron Richardson, 25, of Chesapeake and Lauren Kok, 22, of Staten Island, N.Y. Another passenger, Ryan Petrosky, was sitting behind Freeman and survived the crash without injury. Tom Jaskel was in the back seat and was seriously injured in the collision.

Freeman's blood-alcohol level was 0.13, above the legal limit for driving, Westbrook said. Freeman told police he had six mixed drinks that night.

A judge decided to grant Freeman’s request to spend Christmas with his relatives as he awaited his trial. He has been on the Naval base since being released on a $10,000 bond.

Two Dead in Early Morning Crash

Shortly after 7 a.m. on Saturday morning, 17-year-old Jarim Sims was traveling north on Jefferson Ave. in Newport News when his car veered off the road. Sims overcorrected; his car traveled into the southbound lanes and collided with 53-year-old George Joseph Woolley's vehicle head-on. Both drivers were killed in the crash; Sims was not wearing a seat belt. Investigators believe fog to be a factor in the crash.

Virginia Beach police officer loses job after DUI conviction

A Virginia Beach police officer who was caught driving while intoxicated back in June has lost his job. Bryan K. Womble,37. who was off-duty at the time of the incident, was caught after hitting another car in Virginia Beach and then driving away. He was found to have a blood-alcohol concentration (BAC) of 0.15.

After being charged with hit and run and drunk driving, Womble was sentenced in September. As a result of the sentence he had to spend five days in jail, pay $500 in fines, he has lost his license for one year, must attend alcohol safety awareness classes and use an ignition interlock device for six months.

After his arrest, the police department put Womble on administrative duty, and after being convicted he was suspended without pay. The Virginia Beach Police department declined to provide additional details about Womble’s job loss.

Womble was a well-regarded member of the Police Department’s Traffic Safety Unit, previously known as the Selective Enforcement Team. Part of his job with the specialized team was to target drunk drivers. Womble was notorious for arresting retired NFL star Bruce Smith on DUI charges, just one month before his own arrest.

One Infant, Three Adults Killed in NC Crash

Three adults and an infant have died as a result of a four-vehicle wreck in North Carolina last Thursday. The crash occurred in Hope Mills, North Carolina. A Ford Mustang driven by Tristan Hanna, 26, crossed the middle line and hit an SUV driven by Hien Truong, 26, head-on. Both drivers died Thursday at hospitals; Truong’s 11-month-old daughter died Thursday night. Hanna’s girlfriend, 32-year-old Brooke Paquin, and Truong’s wife, 26-year-old Huyen Truong, were taken to hospitals in critical condition. Paquin died on Saturday, while Huyen remains in the hospital in good condition. Two other vehicles were involved in the crash. Police say Hanna was speeding.

Suit Filed in Wrong-Way Crash That Left Eight Dead

This summer, eight people died after a minivan traveled the wrong-way on the Taconic State Parkway in New York. Diane Schuler, 36, was driving a minivan carrying her five-year-old son, her two-year old daughter, and their three cousins. She headed onto the parkway by entering an exit ramp; she continued to drive the wrong way for 1.7 miles as oncoming cars swerved to avoid her. Eventually, a SUV collided with the minivan; Michael Bastardi, his son Guy, and family friend Daniel Longo all died in the wreck. Diane Schuler and four of the children she was carrying also died; the only survivor was Schuler’s five-year-old son, who is still recovering. After hitting the SUV, the minivan flew out of control and hit another SUV, the driver and passenger of which received minor injuries. Investigators found a shattered vodka bottle on the floor of the minivan, and said that Schuler had the equivalent of ten shots of liquor in her system and was high on marijuana.

The Bastardi family has now filed a lawsuit in the State Supreme Court in Westchester County against the estate of Diane Schuler. The lawsuit seeks unspecified damages for what it refers to as “wanton, willful and reckless” conduct on the part of Ms. Schuler.

Massive Toyota recall affecting millions of vehicles announced

After warning that a recall was coming this past September, it is now official. The Toyota Motor Corporation has announced a recall that will affect over 4 million vehicles in the U.S. and Canada because of a sudden acceleration problem that has caused traffic deaths and injuries.

Toyota announced that they have developed a series of fixes that vehicle owners can have installed by dealers. The problem, according to Toyota, is that accelerator pedals can become entrapped by floor mats, causing vehicles to surge forward unexpectedly.

To fix the pedal problem, Toyota dealers will cut off part of the accelerator pedal, and in some models dealers will install what is known as a “smart pedal”, which is software that will cut the engine power if both the accelerator pedal and the brake pedal are depressed at the same time. In addition, replacement pedals will be available around April 2010.

So far Toyota has maintained that the root of the problem is floor mat interference with the accelerator pedal. Critics, however, contend that the problem may be more serious and may involve the electronic throttle introduced around 2003. Toyota denies that anything other than the floor mats are to blame.

The recalled vehicles include the 2007 to 2010 model-year Camry sedans; 2005 to 2010 Avalon sedans; 2004 to 2009 Prius hybrids; 2005 to 2010 Tacoma pickups; 2007 to 2010 Tundra pickups; and Lexus’s 2007 to 2010 ES 350, 2006 to 2010 IS 250 and 2006 to 2010 IS 350 sedans.

Manslaughter and maiming charges in Virginia Beach drunk driving case

A woman accused of driving while intoxicated has been charged with manslaughter and maiming after she hit two pedestrians at Town Center this past Friday.

According to police the driver, Natasha Herzog, 29, of Suffolk, hit the pedestrians at the intersection of Columbus and Market streets.

One pedestrian, Suffolk resident Hunter Richardson, an only child and graduate of Virginia Tech, suffered major internal damage in the crash. He died at a local hospital as a result of injuries he sustained when he was hit by Herzog.

The other pedestrian, a 23 year old woman, suffered several broken bones and needed surgery as a result of being hit. She is expected to recover and is in stable condition.

Herzog was initially charged with refusing to take a breathalyzer and DUI second offense. The charges against Herzog were upgraded by police to include manslaughter and maiming after Richardson’s death. Herzog is being held without bond in the Virginia Beach Jail.

If convicted of a second DUI, Herzog faces a mandatory, minimum $500 fine, the loss of her driving privileges for three years, and up to one year in jail. Addition convictions for the manslaughter and maiming charges would add to those possible penalties.

Cases of nursing home abuse and neglect may go up over the holiday season

The period from Thanksgiving to the New Year is a joyful time for many, as celebrations with friends and family bring warmth and cheer during the winter months. However, the holiday season has a darker side.

Some experts are warning that the holiday season brings with it an uptick in the number of nursing home abuse and neglect cases. As caregivers and facility staff are stressed with holiday preparations and family demands, some take their frustrations out on elderly residents.

Distracted caregivers may be more likely to neglect residents, perhaps making mistakes with over the counter or prescription medications or forgetting to take residents to the bathroom in a timely manner. Some caregivers may resort to financial exploitation of an elder as they struggle to make ends meet over the holiday season, when gifts and elaborate meals are expected.

If you suspect that a loved one is suffering from nursing home abuse or neglect, please speak up. Here are some resources to help you understand and deal with a suspected case of nursing home abuse or neglect:

“Speaking up when you fear nursing home abuse or neglect”
“Elder Abuse is a Crime”
“Rights of Nursing Home Residents”
“Signs of elder abuse, neglect, or exploitation”
“Financial Abuse at Nursing Homes”
“Are Elder Financial Abuse Cases are on the Rise in Virginia?”

Many more articles are available in our nursing home abuse and neglect law library.

Virginia Beach Police officer to serve jail time after DUI conviction

The Virginia Beach police officer convicted of driving under the influence and hit-and-run decided not to appeal his sentence and has begun serving his five-day jail sentence.

The officer, Bryan K. Womble, was arrested at Virginia Beach’s Oceanfront on June 20 after crashing into a car and then driving away. Womble, a member of a police department team that specialized in enforcing drunk-driving laws, was found to have a BAC of 0.15 which is nearly twice the legal limit in Virginia.

In addition to the five day jail sentence the General District Court judge in Womble’s case, Judge E.L. Turlington Jr., suspended the officer’s driver’s license for one year and ordered him to pay a $500 fine. Womble was also ordered to attend alcohol safety awareness classes and use an ignition interlock device for six months.

According to court records, Womble’s attorney immediately appealed the case to the Circuit Court, however he later dropped the appeal.

Womble has been on administrative duty since his arrest on June 20, and the Virginia Beach Police Department has not yet decided whether or not he will keep his job. Womble's sergeant was at the scene of the incident and claims Womble said, "I'm guilty. I just want to get this over with."

Norfolk man sentenced in involuntary manslaughter DUI case

A Norfolk driver convicted of DUI, aggravated involuntary manslaughter and other maiming charges in the traffic accident death of a young woman this past February has been sentenced. The Norfolk Circuit Court sentenced the man to 6 years and five months behind bars, with an additional 10 years of parole once he is out.

The accident happened when the driver, Ronald K. Sharpe Jr., crossed several lanes of traffic and crashed into a vehicle being driven by Alexandria Calamia. Sharpe initially claimed that the crash happened because his vehicle skidded on a wet spot, was hit by another car and bumped into a median.

Calamia was killed in the crash, and one of her passengers, Brandon Wise, suffered a brain injury and other complications and was in a coma for several weeks. Wise had to withdraw from Virginia Wesleyan College after the accident in order to receive treatment and therapy.

Sharpe was not injured in the crash, except for a cut on his lip. He was later found to have been under the influence of marijuana and alcohol at the time of the accident. Despite being ordered to avoid drugs and alcohol, Sharpe also tested positive for marijuana use several times while free on bond.

The sentence handed down by the court was the maximum possible under the terms of Sharpe’s plea agreement.

Teenager Dies in Head-on Collision

Around 6:45 yesterday evening, 18-year-old Grace Suzanne McIntyre was driving her 2006 Scion on Indian River Road when she entered a sharp curve at too high a speed. She overcorrected twice, crossed into oncoming traffic, and stuck a Honda Odyssey carrying three people head-on. The three people in the Honda were taken to the hospital and treated for injuries that were not thought to be life-threatening. McIntyre was pronounced dead at the scene. All four people were wearing their seatbelts. Police said that excessive speed was a factor, but alcohol was not. The crash is still under investigation.

Woman Ejected From Car in Fatal Chesapeake Crash

Katie Young, a 29-year-old Virginia Beach woman, died at Sentara Norfolk General Hospital after being ejected from a car during a crash in Chesapeake late Friday night. Police said that a Buick was driving on Mount Pleasant Road when it was hit by a Honda trying to cross the road; the Buick had right of way. Young was a passenger in the Honda; she was not wearing her seat belt and was ejected from the vehicle. The drivers of the vehicles only suffered minor injuries. Police are still investigating, and charges may be filed against the driver of the Honda.

Red light violations are down in Virginia Beach

The recent death of a mother and her four year old daughter because of a red light runner has put traffic safety devices like red light cameras in the spotlight. The woman and her child were killed at an intersection without a red light camera, but so far this year it appears that intersections with cameras are becoming a little safer.

Six months worth of data gathered from intersections where red light cameras have been installed in Virginia Beach reveal that drivers are running fewer red lights.

A spokesperson for the Virginia Beach police stated that the cameras appear to be changing driver behavior, and have caught nearly 28,000 drivers who failed to stop at a red light.

The red light cameras have also resulted in the collection of fines totaling $280,119, at $50 per ticket.

While the number of red light violations is going down, accident statistics from the affected intersections are not yet available. Critics of red light cameras contend that while fewer people may run red lights, drivers tend to slam on their brakes more, causing more rear-end crashes.

It is likely that the PHOTOSafe program will be expanded to other intersections after approval by the Virginia Beach city council.

Reward for leads in criminal case of missing Virginia Tech student

A 20-year old Virginia Tech student has been missing since October 17 when she was last seen outside of the John Paul Jones arena in Charlottesville. The student, Morgan Dana Harrington of Roanoke, became separated from her friends when they left the arena and has not been seen since.

The reward for leads in her case, which is being treated as a criminal matter, currently stands at $100,000 and may rise, with money being donated by the Jefferson Area Crime Stoppers, from a website set up to find the missing student and with money from Metallica, the band playing at the arena when she disappeared.

According to police, Harrington left her friends to go to the restroom and ended up outside of the arena, unable to get back inside. She called her friends using her cell phone to tell them that she would meet them after the show or find a ride home, but was not heard from again.

Harrington’s purse and cell phone were found in the arena parking lot the next day. She is described as being 5 foot 6 inches tall and weighing 120 pounds with blond hair and blue eyes. At the time she disappeared she was wearing a black miniskirt, black t-shirt and black tights with black boots.

Anyone with information about Harrington’s whereabouts is asked to call the Virginia State Police tip line at (434) 352-3467.

Senators pushing back against DEA narcotics crackdown affecting nursing home residents

Elderly nursing home and hospice residents suffering from extreme pain are being denied painkillers because of a Drug Enforcement Administration (DEA) crackdown on narcotics abuse.

Pain relievers like morphine and Percocet are controlled by the Controlled Substances Act, and tougher enforcement of this act has some pharmacists reluctant to allow long-term care residents access to these powerful drugs.

Drug abuse in nursing homes is an issue of concern to the DEA, and in order to prevent abuse of controlled substances the agency requires signatures from doctors and additional approval when specific pain medications are ordered for residents. This is in attempt to keep nursing home staff members from stealing or abusing the narcotics.

Two Senate Democrats are pushing to revise the DEA rules to allow nursing home and hospice residents easier access to pain relief. In a letter to Attorney General Eric Holder Jr., the pair asked for a legislative fix for this issue, which, they contend, is causing "adverse health outcomes and unnecessary rehospitalizations, not to mention needless suffering."

Virginia pharmacies that don’t follow the DEA’s strict rules face fines that can reach to the tens of thousands of dollars. This has made pharmacists reluctant to dispense these painkillers, especially after a federal crackdown in Virginia earlier this year.

There is not yet a DEA or Justice Department response to the Senators’ letter.

AAA wants to see the end to distracted driving by 2013

Last month the American Automobile Association (AAA) started a national campaign to promote what they are calling “distraction-free driving”, intended to raise drivers awareness of the dangers posed by hand-held cell phone use behind the wheel.

Distracted driving has been blamed by the National Highway Traffic Safety Administration (NHTSA) for contributing to 5,870 fatalities and 515,000 injuries across the country last year. According to AAA, one in five drivers has admitted to texting while driving in the last 30 days, and the number goes up for the under-25 age group.

AAA has stated that they would like to see laws in all states making it illegal for any driver to send, write or read a text message or email while driving. Just this year Virginia enacted a ban on texting while driving, however it is only subject to secondary enforcement. If a driver is paying attention to their handheld device and not the road, they cannot be pulled over unless they commit a primary traffic violation.

AAA has joined forces with the AAA Foundation for Traffic Safety to push for a text messaging ban by 2013, and is driving their point home with a massive legislative and communications campaign. Earlier this month they asked motorists to drive distraction free for one week, with the slogan “try it for a week, do it for life.”

The organization is encouraged by results from California’s text messaging ban, which resulted in a 70 percent decrease in texting while driving.

Virginia police asking tipsters to call in about suspected drunk drivers

Virginia police are encouraging anonymous tipsters to call in when they spot a driver who might be under the influence of alcohol. This is despite a recent court ruling that threw out a case against an intoxicated driver because the anonymous tipster was the only one who personally witnessed the driver’s drunken behavior.

After Richmond area police received an anonymous tip in 2005, an officer pulled over the suspect in Virginia. According to police reports, the individual smelled of alcohol and failed the field sobriety tests. As a result, the individual was charged with driving while intoxicated.

However, the Virginia Supreme Court recently threw out the conviction because the traffic stop was based on an anonymous tip. The police officer, reasoned the court, did not witness the driver violating any traffic laws. According to the court, there was not enough reasonable suspicion for the police officer to stop the intoxicated driver.

The case was headed to the U.S. Supreme Court, which this week decided that they would not hear the case.

A spokesperson for AAA Mid-Atlantic stated that despite the Virginia Supreme Court’s ruling, police officers will still rely on anonymous tips about suspected drunken drivers. However, it is unclear what value tips will provide police departments across the state if they won’t hold up in court.

Mother and Daughter Killed in Virginia Beach Crash

Tuesday evening, the Mise family's 2003 GMC Yukon was struck by a 2006 Scion TC at the intersection of Corporate Landing Parkway and Dam Neck Road, causing it to roll over several times. Tanya Mise, 35, and her daughter Lauren Mackenzie Mise, 4, were ejected from the vehicle. Tanya was not wearing her seatbelt; Lauren had been in her car seat, but investigators believe she may have unbuckled herself before the accident. Lauren died at the scene and Tanya died at the hospital. John Mise, who had been driving and was wearing his seatbelt, and the couple's two-year-old son, who was properly restrained in his car seat, were not hurt. The driver of the Scion was taken to the hospital to be treated for minor injuries resulting from the air bag deploying. Police believe that the driver of the Scion may have run a red light; charges are pending.

PLEASE ALWAYS WEAR YOUR SEAT BELT. SEAT BELTS SAVE LIVES.

Vehicle Collides With Bus on Shore Drive

Just before noon today, a vehicle collided with a HRT bus on Shore Drive in Virginia Beach. The vehicle ran into the back of the bus; the driver was charged with reckless driving and failure to yield. The driver of the vehicle and multiple people on the bus complained of injuries. Several people were transported to hospitals, but at this time the extent of their injuries and the number of people actually transported is not certain.

Uninsured Virginia Beach Man Leads Police on Chase

40 year old James D. Hall of Virginia Beach led police on a wild chase that ended in damage to police cars and shutting down part of the highway for several hours. Virginia State Police spokeswoman Sgt. Michelle Cotton listed Hall’s offenses as hit and run, eluding police, assault, false identification, driving while on a suspended license, displaying fictitious tags, driving with expired tags, and driving an uninsured vehicle.

The pursuit started at Diamond Springs Road in Virginia Beach where an officer spotted a truck with expired tags which did not belong to the pickup. Police were called in to assist as the driver led the chase down I-264 West towards Norfolk. The truck exited the highway at City Hall Avenue where witnesses claim they saw the pickup hop a curb and speed through the parking lot.

Hall then continued to flee on to I 264 east back towards Virginia Beach. Near the I-64 interchange the truck collided with several police cars and lost control, crashing into a concrete barrier. Hall then ran across the highway into the woods. Police dogs were brought in, and the suspect was found and arrested.

Hall was taken to the hospital and treated for minor injuries. He is being held without bond. Several Virginia Beach Police vehicles were damaged as well as two state police cars, although no officers were injured in the incident.

Norfolk Police investigating DUI hit and run

A late night crash that landed a car in the front yard of a residential home is being investigated by the Norfolk Police.

The events of the night started when the driver, James Imani Stewart, hit a parked car and a power pole. Stewart continued on, eventually crashing into the front yard of a house on Nesbitt Drive.

Police consider the first accident a hit and run, since Stewart did not stop after the original collision. One person, a backseat passenger, was injured in the accident and had to be taken to the hospital. He was found unconscious in the back seat after the crash; his current condition is unknown.

There was another passenger in the back seat of the vehicle when the accident happened, and he told a news station that he had been asleep in the car when the crash happened. The impact of the crash woke him up, and he was able to help his unconscious friend in the back seat.

The driver was taken away from the scene of the crash in handcuffs and has been charged with driving under the influence (DUI). There were no other injuries in the accident, although the front porch of the residence was damaged.

GAO Report questions ability of CMS to find and monitor subpar nursing homes

The Centers for Medicare and Medicaid Services (CMS) has a program in place to follow up on nursing homes whose conditions are not adequate. Currently CMS focuses on one to six homes in each state which are performing poorly and places them on Special Focus Facilities (SFF) list which subjects them to more frequent inspections and penalties if they don’t improve.

A new report from the Government Accountability Office (GAO) concluded that the current program is missing almost four times as many homes which are among the worst performing facilities in the nation. The report recommends that they expand the list from the current 136 to 580.

Facilities rated as performing the worst tended to be larger, averaging 102 residents, were for-profit facilities, and were part of a chain of homes. These facilities had an average of 24% fewer registered nurses on duty compared to the number of patients than better performing homes. The GAO did not name any specific nursing homes in their report.

Senate Aging Committee chair Herb Kohl (D-Wis) argued that the CMS special focus program is in need of immense expansion, and that the criteria for identifying the worst performing homes should be modified.

Kohl and Finance Committee ranking member Charles Grassley (R-IA) reintroduced the Nursing Home Transparency and Improvement Act in March, where it calls for information to be available to consumers about ownership, track records of care, and business structure of the nursing homes. This would give the homes a change to improve conditions on their own. Senator Max Baucus recently included this proposal in the Senate healthcare reform bill.

Pit Bull Kills VA Toddler Over The Weekend

A pit bull mauled a 23-month-old child to death in Orange County, VA this weekend. The child went outside to where the family's pit bull was tied up without being seen by her mother. After family members noticed the child's absence, they began searching for her; they found her next to the tied up dog, wounds covering her body. She was taken to the University of Virginia Medical Center where she was pronounced dead several hours after being attacked. The pit bull, which had lived with the family for ten years, was euthanized by animal control officers Sunday night. Orange County Sheriff Mark Amos would not say whether charges would be filed, and did not divulge how long the child was out of the mother's sight.

Police Chase Ends in Crash on I-264 in Norfolk

I left our office in downtown Norfolk at 5:30 Friday evening, heading towards my home in Virginia Beach. Shortly after getting on the interstate I noticed a sign alerting drivers that the three left lanes were closed ahead. Traffic came to a halt before the Broad Creek Bridge; I could see flashing lights ahead, and assumed that a rush hour traffic accident had occurred. As I approached the cause of the lane closures, all I could see was state police cars, at least one of them partially smashed. I did not turn to look as I passed the accident, but turned on the local news as soon as I arrived home. I was surprised to find out the true cause of my delay.

James D. Hall, 40, was arrested after his truck collided with multiple Virginia Beach and state police cars during a chase that began on Diamond Springs Road in Virginia Beach and ended on I-264 East in Norfolk. A Virginia Beach police officer attempted to stop Hall after running his plates and finding that the plates did not match the truck's registration. Hall then led police on a chase down 264; he exited at City Hall Ave in Norfolk then got back on the interstate heading towards Virginia Beach. Hall crashed into the concrete barrier separating I-264 East and West before the I-64 interchange; he hopped the barrier, ran across I-264 West, and hid in the woods on the side of the interstate. Police officers arrested him after using a dog to locate him in the woods. Hall was taken to the hospital to be treated for minor injuries, and is now being held without bond in Virginia Beach. He is being charged with three felonies and six misdemeanors.

Selective Enforcement Team Officer Appeals DUI Conviction

Virginia Beach Selective Enforcement Team Officer, Bryan K. Womble, is appealing the bench court conviction of hit and run and drunk driving. Womble, 37, was sentenced to five days in jail, a $500 fine, one year suspended license, and a six month ignition interlock device. He was also ordered to attend alcohol awareness classes. Womble was one of eight officers who were part of a Virginia Beach team who specializes in DUI enforcement efforts, but has been on administrative duty since his June 20th arrest.

Womble was off duty the night of his arrest, admitting that stress from his personal life, work, and his overseas father’s recent heart surgery caused him to drink more than usual. Womble also experienced the biggest case of his career one month prior, having arrested retired NFL star Bruce Smith in May for drunk driving. He stated that he never drank a lot before, and on the night of the incident had intended on driving to the 2nd precinct to have a fellow officer drive him home.

On the way to his intended destination, he struck another car as he attempted make a right hand turn. None of the passengers in the car he hit were injured, although Womble did continue driving from the scene. He claimed the impact from the airbag left him disoriented, and pulled over two blocks away where Officer Michael Stark observed the damage to the car and performed a field sobriety test. According to police reports, Wombles’ BAC was 0.15%.

Virginia lawmaker wants to make texting while driving a primary offense

Earlier this year Virginia lawmakers passed a law making it illegal to send or receive text messages while driving. However, the law is subject only to secondary enforcement, meaning that police officers cannot pull a driver over just for texting and driving.

Some lawmakers believe that Virginia has not gone far enough to eliminate texting and driving on the Commonwealth’s roads and highways. State delegate Steve Shannon, a candidate for State Attorney General, is calling for lawmakers to make texting and driving a primary offense.

If texting and driving were a primary offense, then law enforcement officers could pull drivers over just for sending or reading a text message. Shannon would also like to increase the fine for a first offense to $100 and to $250 for the second offense.

Right now, the ban that went into effect July 1 allows for a $20 fine for the first texting while driving offense, and $50 for the second offense. Shannon and other safety advocates believe that the new law is a start, but not enough of a deterrent for drivers determined to stay in touch via text messages no matter what the risk.

Fight at Virginia Beach School Results in 14 Students Being Charged

Fourteen students at Renaissance Academy, an alternative school in Virginia Beach, will be charged after a fight at school on September 25th left two injured. Originally, seventeen students were to be charged; twelve of those students were juveniles who were to be charged will assault or disorderly conduct, and five of those students were adults who were to be charged with disorderly conduct. The two students who were injured were treated by paramedics for facial injuries. One staff member received minor injuries to his hand while trying to break up the fight. Twelve officers responded to a school employee's call for help, and the school was locked down for an hour and a half following the incident.

Two Dead After Head-On Collision on I-664

Annie Goodman, 65, was driving south on I-664 when her car crossed the median and traveled into oncoming traffic. She struck a vehicle driven by Thompson Weeks, 53, who was flown to Sentara Norfolk General. He died in surgery. Goodman died at the scene. Police say they do not know what caused Goodman to run off the road; they closed down the northbound lanes on 1-664 trying to re-create the crash.

Virginia Beach doctor killed in bicycle accident when hit by car

A local Virginia Beach doctor, Joseph V. Mirenda, 49, was hit by a car in Harrisonburg on Tuesday morning. The accident killed the anesthesiologist, who was reportedly biking from Wintergreen to James Madison University to visit his son.

Mirenda was headed west on the two-lane Port Republic Road at about 10:45am when he was hit by a 2004 Ford Taurus being driven in the same direction. The Taurus struck him from behind, and he died on the scene from his injuries.

It took authorities about a day to identify Mirenda’s body. Mirenda, a cardiac anesthesiologist, has been working at Anesthesia Specialists on South Rosemont Road since 2003.

The driver of the Taurus, 22 year old Jessica Chandler, may have been texting when she hit Mirenda. Police would not confirm whether or not this was true, and charges are still pending against Chandler.

The accident investigation is ongoing and charges have yet to be filed. Texting while driving has been the topic of new legislation in Virginia and is the subject of much research. Recent studies have shown that texting while driving increases the chance of a crash by 23 times.

Virginia nursing home being sued for $26M over resident death

The death of a resident at a Williamsburg, Virginia nursing home has lead to a $26.85 million lawsuit against the facility and its former administrator.

The man, Roper Houston, a 70 year old with severe mental retardation, died after being taken to the hospital because staff found blood in his urine. According to the lawsuit filed by the family, Houston suffered a fall from his bed because a nurse neglected to raise a guardrail.

As a result of the fall Houston had a huge swelling on his head, but the incident was not reported to the hospital.

The nursing home, Ruxton Health Care, was sold at the beginning of this year to a Florida based company and is now called Envoy of Williamsburg. The name change can’t hide the home’s troubles, however.

Between January 2006 and April 2008 there were about 28 complaints of patient neglect against the facility. In addition, another wrongful death case arose last year when a resident died from multiple bedsores and skin ulcers. That suit was settled this past April for an undisclosed amount.

Another wrongful death suit is being prepared against the facility, this time for the death of a resident who also passed away under suspicious circumstances last year.

State Attorney Generals raise concerns about CMS Nursing Home Rating System

Thirty-one state Attorney Generals have sent a letter to Kathleen Sebelius, the Secretary of Health and Human services requesting temporary suspension and revision of a national nursing home rating system. William Mims, the Attorney General of Virginia, was involved with the sending of the letter.

The Nursing Home Five Star Rating System is run by the Centers for Medicare and Medicaid Services (CMS), and has been the target of criticism for the way that it ranks nursing homes across the country.

The letter sent to Sebelius states that the rating system can be misleading and could create significant confusion for seniors. Critics would prefer that CMS’ previous system, Nursing Home Compare, be used while the five-star system is revamped.

In the past critics of the Nursing Home Five Star Rating System have complained that one “off” inspection could unfairly negatively affect a home’s ratings, and homes with a high rating on paper might not be as good in ‘real life’.

People looking for a quality nursing home can’t rely on a website of ratings to make the decision for them. It is important to do as much research as possible and visit the home in person before committing.

Norfolk Wants to Install Security Cameras in Parking Garages

The safety of Norfolk's parking garages has been called in to question lately. After a rash of car break-ins in 2008, and a murder in the Waterside parking garage in March, city officials knew that they needed to act. They want to install security cameras in all fifteen of downtown Norfolk's parking garages, but they have a problem; bids for the job have come in more than double what the city expected to pay. The city expected bids around $1.4 million, but none go below $3 million. The project has been put on hold while city leaders decide how to come up with the money.

Want to increase your chance of a crash? Send a text message!

Researchers are hammering the point home: if you want to increase your risk of being involved in a car crash, send a text message while you’re driving.

It may seem obvious to many drivers that texting and driving don’t mix, but for many Virginians – especially younger drivers – text messaging is such an integral part of life that they don’t put down their devices when they get behind the wheel.

Authorities and researchers have long been complaining about cell phone use by drivers, but texting while driving has become a hot new issue. Why all the fuss about text messaging? Research studies are finding that texting while driving is far more dangerous than carrying on a cell phone conversation, something many people already know isn’t safe.

Virginia Tech research results recently revealed that drivers increase their chance of being involved in a traffic crash by 23 times if they text and drive. Virginia lawmakers recently passed a bill making it illegal to send or receive texts or emails while driving, but the new law is subject only to secondary enforcement. This means drivers can’t be pulled over simply for using a mobile device at the wheel.

Laws restricting the use of mobile devices by car and truck drivers are controversial. Some people believe such restrictions affect their freedom, while others don’t think they go far enough.

Feds claim number of women arrested for DUI is on the rise

According to data released by the Transportation Department, the number of women arrested for drunken driving has risen nearly 30 percent from 1997 to 2007. The reason for the increase is unclear.

The announcement comes as the federal government and states announce the start of the annual Labor Day weekend crackdown aimed at snagging intoxicated drivers across the country. In Virginia, Maryland and Washington D.C. this effort will be known as Checkpoint Strikeforce and will involve sobriety checkpoints in various locations from August 21 to Labor Day.

In Virginia last year 354 people were killed in alcohol related crashes, about a 6 percent decrease from 2007. Another 7,000 were injured in drunken driving accidents last year. The average BAC of drivers arrested for DUI in Virginia last year was 0.14.

Despite the government’s focus on the rise in the number of female drunken drivers, intoxicated male drivers still dominate the statistics. Data recently released by Virginia for 2008 shows that 80 percent of individuals convicted of a DUI were male.

Thirteen Motorcycle Fatalities This Year in South Hampton Roads

Last weekend, two more men lost their lives in motorcycle crashes in South Hampton Roads. These two deaths bring the total for this year so far to thirteen; only six people died in all of 2008. Alcohol and/or speed have been contributing factors in almost all of the crashes this year; alcohol was a factor in both of the crashes this past weekend. Officials are urging motorcyclists to take safety courses, wear proper helmets, and refrain from drinking before going for a ride.

Norfolk Teacher Pleads Guilty to DUI, Aggravated Involuntary Manslaughter, and Maiming

Just after 1 am on February 21st, Ronald K. Sharpe was drunk and high while driving his Toyota Camry down Northampton Blvd. He had had a few beers at a nightclub and also smoked marijuana earlier that night. Sharpe crossed three lanes into oncoming traffic and struck another car on its driver's-side. The car he hit spun out of control and hit a tree; Sharpe's car rolled and also hit a tree.

The car Sharpe struck was driven by Alexandria Calamia, 19, of West Pointe; she was pronounced dead after the crash. Brandon Wise, a passenger in the back seat of Calamia's car, suffered facial fractures and a brain hemorrhage; his injuries have caused numerous cognitive problems.

Sharpe initially lied to police; he had said that another car hit him, pushing him into oncoming traffic, but video evidence proved otherwise. He pled guilty to DUI, aggravated involuntary manslaughter, and maiming; he faces a maximum of six years and five months in prison.

Teacher pleads guilty to charges in drunk driving death

A middle-school teacher pleaded guilty to a number of charges resulting from a drunk driving crash that killed one woman and injured two other people.

The teacher, 28 year old Ronald K. Sharpe, was under the influence of alcohol and marijuana when he his Toyota Camry crossed three lanes of traffic and ended up in oncoming traffic where he hit the driver’s side door of another vehicle.

The driver of the other vehicle, Alexandria Calamia, 19, was killed when her car spun out of control as a result of the collision and hit a tree. A passenger in the car, Brandon Wise, suffered fractures and a brain hemorrhage that later lead to memory loss and cognitive problems. Another passenger, Heather Lee, suffered minor injuries in the crash.

Sharpe’s car also hit a tree, but when police arrived at the scene of the accident he was out of the vehicle and walking around. Sharpe admitted to officers that he had been at a nightclub where he had consumed several beers. Police reported that he smelled like alcohol and cannabis.

Police were unable to give Sharpe a breath alcohol test at the scene of the accident because of a cut on his lip, so they transported him to the hospital for blood tests. Hospital tests showed that Sharpe had a BAC of 0.08 and revealed that Sharpe had been smoking marijuana that night.

The public relations coordinator for the Norfolk public schools stated that Sharpe will be fired from his job as a gym teacher at Azalea Gardens Middle School now that he has been found guilty.

Driver charged with DUI after Norfolk car crash that killed two people

A weekend crash on Granby Street in Norfolk caused by an intoxicated driver took the lives of two people. The driver, 24 year old Richard B. Freeman of Norfolk, was driving his black BMW at a high rate of speed when he crashed near Granby and Kingsley Lane.

Freeman drove the BMW into a tree in the median in front of Bon Secours DePaul Medical Center early in the morning. Police stated that speed was a factor, although they were not yet able to estimate how fast Freeman was driving.

A man and a woman died as a result of the crash, and three other people suffered injuries. The deceased are Cameron Richardson, 25, of Chesapeake and Lauren Kok, 22, of Staten Island, N.Y.

Richardson was riding in the front passenger seat of the BMW when the accident happened and Kok was in the backseat.

Two of the other injured people had injures that were minor, while the third is in critical condition at Sentara Norfolk General Hospital.

According to police the accident is still under investigation, and so far Freeman has been charged with driving under the influence of alcohol.

Abuse investigation of Virginia nursing home workers

Police are investigation allegations of abuse at a Galax nursing home. As a result of the investigation two employees of the Waddell Nursing Home and Rehabilitation Center have been dismissed.

The investigation was triggered when an anonymous complaint was received by an adult protective service worker with the Galax Department of Social Services. The complaint claimed that employees of the nursing home had taken sexually oriented pictures of residents without their knowledge or permission.

The alleged violation of residents’ rights triggered the dismissal of two Waddell employees.

Today police arrested former employee Sharon Ann Walker, 29, of Fries in connection to the abuse allegations. Walker is charged with two counts of knowingly and intentionally videotaping or photographing a non-consenting person over the age of 18 when the person was nude or in a state of undress.

Sometime between April 1, 2009 and July 15, 2009 Walker took the pictures and shared them with other people. According to police, the rights of more than one nursing home resident were violated.

Police anticipate another arrest in the case, as the crime involved more than just Walker.

Six Teens Injured in Crash- Two Still in Critical Condition

Six teens were transported to the hospital after the car they were in pulled into traffic and was struck but a car traveling perpendicular to them. The car rolled; emergency crews had to extract the teens from their vehicle. The driver of the other vehicle did not need to be hospitalized. Two of the six teens remain in the hospital; they are in critical condition.

Virginia Beach Police Officer Charged with DUI, hit and run

A Virginia Beach police officer is in trouble after a hit-and-run crash. The officer, Bryan K. Womble, 36, drove his Mitsubishi car into a Dodge Neon at the intersection of 20^th Street and Pacific Avenue around 2 a.m. Womble was off-duty when the car accident happened.

Womble was stopped by another officer about two blocks away, where he was found to have a blood alcohol content of 0.15, nearly twice Virginia’s legal driving limit of 0.08. There were no injuries reported as a result of the accident.

The officer arrested Womble, who was charged with drunken driving and subsequently released on bond. He was not immediately charged for the hit and run because officials were trying to determine how much damage had been done to the Neon.

The case is being handled by the Chesapeake Commonwealth’s Attorney Office to avoid a potential conflict of interest. The Attorney’s Office recently determined that the accident involved less than $1,000 in damage, so prosecutors have charged Womble with a misdemeanor hit-and-run instead of a felony hit-and-run.

Womble, a member since 2000 of a police team that specializes in stopping drunken drivers, will remain on administrative duty until his trial on July 27.

Third time DUI driver convicted in fatal crash

This past week the driver of a vehicle involved in a fatal two-car collision that took the life of a 19 year old man was convicted. The driver, Matthew Burch, 35, was convicted of reckless involuntary DUI manslaughter, homicide, and DUI third offense.

The accident happened this past April when Burch was driving east in the westbound lanes of Richmond Road near Barnes Road. Burch crashed his Jeep Liberty head-on into a Chrysler Cirrus being driven by Christopher Mellis.

Mellis died at the scene of the accident while Burch was not seriously injured. Burch was taken to Sentara Williamsburg Regional Medical Center for treatment, where he submitted to a blood alcohol test. The tests showed that he had a BAC of 0.26. Burch was also tested at the Virginia Department of Forensic Science and that test showed a BAC of 0.22.

Burch’s two prior DUI convictions happened in Virginia Beach (2001) and Henrico (2004). He served no significant jail time for either conviction and for his second conviction he accepted a plea agreement that dismissed additional charges of marijuana possession and refusal of a breathalyzer.

Burch will be sentenced in September and could face up to 65 years in jail.

Man dead after Virginia Beach rollover car crash

Investigations are still underway of a fatal car accident near Dam Neck Road in Virginia Beach. A man headed north on Bold Ruler Drive early in the morning hit a curb, overcorrected, and caused his car to roll over.

The car, a 1999 Ford Contour sedan, rolled three times before crossing into the southbound lanes of traffic and slamming into a utility box. The man was thrown from his car as it rolled and was pronounced dead at the scene.

According to police the man was thrown from the vehicle because he was not wearing a seatbelt. He was also believed to be driving too fast. Lack of seatbelt use in rollover accidents often leads to serious or fatal consequences, with up to 70 percent of those thrown from a rolling car suffering fatal injuries.

Excessive speed is also a major contributor to serious accidents and is a sign of aggressive driving.

The name of the man has not yet been released, pending notification of his family. Police do not yet know if alcohol was a factor in the crash.

Motorcyclists, pedestrians and cyclists killed in traffic accidents

According to a new report by the World Health Organization (WHO), worldwide about 1.27 million people are killed in traffic accidents, and nearly half of those fatalities are pedestrians, motorcycle riders, and cyclists.

Motor vehicle accidents aren’t just a problem in the United States. Across the globe traffic crashes are the leading cause of death for people between the age of 10 and 24. Traffic deaths are the 10^th leading cause of death worldwide.

Experts fear that traffic safety laws and road design are not keeping pace with economic development, noting that 50 million injuries are caused each year because of auto accidents. The danger posed to humans from road travel constitutes a public health hazard in some parts of the world.

Despite overall economic improvements worldwide – the recent economic challenges notwithstanding – only 15 percent of 158 countries surveyed by the WHO have comprehensive laws aimed at curbing drunk driving, setting speed limits, and advocating child restraints, seat belt use, and helmet use.

In order to reduce the number of fatalities caused by traffic accidents, nations will need to focus on implementing and enforcing driving laws similar to those in the U.S. and other developed countries.

Controversy surrounds wrong-way Virginia Beach driver charged with DUI

The attorney for a man who crashed head-on into a state trooper while driving the wrong way on Eastbound 264 claims that the man was not drunk at the time of the crash. The man, 44 year old Cleveland Robertson, entered 264 from the Oceanfront at 21st street and Parks Avenue headed westbound against traffic.

Robertson first hit a Chevy Malibu containing three teenagers, and continued on to hit a Virginia State Trooper vehicle head-on. The trooper, Lee White, was trying to stop Robertson with his police cruiser. However Robertson kept driving after that collision as well, eventually coming to a stop.

Robertson was arrested by White and is currently in the Virginia Beach Jail. He has been charged with driving drunk and two felony counts of hit and run. His attorney, however, maintains that Robertson was not intoxicated when the crash occurred.

According to his attorney, White suffers from brain damage after a workplace injury in 2003 left him “forgetful and easily confused”. The only substance that might have been in his system, argues the lawyer, is medication for Robertson’s brain damage.

Officials are waiting for results from a blood test that will confirm whether or not Robertson was intoxicated.

Nursing Homes on the lookout for Swine Flu

Despite the onset of summer when the number of flu cases typically drops off, nursing homes across the country are on the lookout for symptoms of the swine flu. The swine flu – also known as H1N1 – is sticking around unlike the seasonal flu where cases have dropped off for the summer.

According to the Virginia Department of Health there have already been 44 cases of swine flu (H1N1) in Hampton Roads and one death in Virginia. It is possible that these numbers are underreported because many medical professionals are only testing people who are hospitalized for the presence of H1N1.

People who don’t get admitted to the hospital to treat their symptoms aren’t always tested, which means there is probably more swine flu circulating than anyone realizes.

The challenge for nursing homes is that they have a large number of residents housed reasonably close together, many with compromised immune systems. Nursing homes have been asking friends and family members to avoid visiting if they suspect they might be sick, because people with H1N1 flu are contagious for up to seven days after onset of the illness and possibly longer if they still are exhibiting symptoms.

Virginia Beach Police Officer Charged with DUI

A Virginia Beach police officer involved in a two-car crash Saturday morning has been charged with driving under the influence.

The accident happened at the intersection of 20^th Street and Pacific Avenue at the Virginia Beach Oceanfront. There were no injuries reported as a result of the accident.

The driver of one vehicle, Bryan Keith Womble, 36, was taken into custody by police. Womble, a Virginia Beach police officer assigned to Special Operations as a member of the Selective Enforcement Team, was later charged with DUI.

As the member of a team focused on removing intoxicated drivers from area roads, Womble arrested and charged Bruce Smith, a NFL Hall of Famer, with driving under the influence two months ago.

Womble was released from jail on a $500 personal recognizance bond and has been placed on administrative duties pending the results of an internal investigation.

Comatose woman sexually assaulted in Chesapeake nursing home

The guardians of a comatose woman who was sexually assaulted in a Chesapeake nursing home are suing the facility. A lawsuit was filed in Norfolk Circuit Court against the Chesapeake Health and Rehabilitation Center and also names the male nurse, Mark S. Albright, as a defendant.

The lawsuit claims that the nursing home should have known that Albright’s conduct would violate the comatose patient’s privacy and dignity. The nursing home’s administrator declined to comment about the lawsuit.

Albright worked as a licensed practical nurse at the nursing home and was observed by another employee with his mouth on the comatose woman’s breast. He plead guilty late last year to aggravated sexual battery and was sentenced to six months in prison with another nine years and six months suspended.

The lawsuit is seeking $29 million in damages.

Medical director at Virginia nursing home has questionable past

The director of a Virginia nursing home had his privileges suspended in four states and gave false information when he applied for a Virginia medical license in October 1998. He failed to disclose that he had voluntarily surrendered his clinical privileges after being reprimanded by a Louisiana hospital in 1996.

The daughter of a patient who was treated by the doctor, Dr. Lewis A. Rogatnick, has filed a complaint against the facility where her mother was treated by Rogatnick. The daughter, Doris Critzer, was concerned when she found out that Rogatnick’s license had been suspended in four states. He treated her mother, Lorena Virginia Tumblin, for several years at the Heritage Hall nursing home.

Tumblin died in March after being transferred to another facility. In light of the information she learned about Rogatnick, Critzer filed a complaint against the nursing home with the Virginia Department of Health Office of Licensure and Certification.

Rogatnick’s privileges were suspended in Lousiana because of, among other things, his “disruptive and abusive behavior towards nurses, staff and other employees of the hospital”.

Suffolk man seriously injured when SUV flips

The driver of a sport-utility vehicle had to be airlifted to Sentara Norfolk General Hospital last week after flipping his vehicle on Interstate 264.

According to police the driver, a 20 year old Suffolk man, was driving at a high rate of speed on eastbound I-264 when he tried to cross four lanes of traffic.

The driver hit a pickup truck and then a GMC vehicle, then his Ford SUV went airborne over a concrete Jersey wall, and flipped over into westbound traffic. The occupants of the vehicles he hit had minor injuries.

Rescuers had to extract the trapped driver from the wreckage and then fly him by helicopter to the hospital where he was treated for serious injuries. No further information was available about the driver’s condition.

Both sides of I-264 had to be temporarily shut down because of the accident.

Light vehicles will have to meet tougher roof crush safety standards

Rollover accidents are one of the deadliest kind of crashes that Virginia drivers and their passengers can be experience. One reason is that when a vehicle lands on its roof, the force of the impact combined with the weight of the vehicle can cause the roof to collapse, seriously injuring or killing the occupants.

Organizations like the Insurance Institute for Highway Safety (IIHS) have been campaigning for years to get the federal government to improve safety standards for vehicle roofs. In a victory for safety advocates – and a defeat for the pocketbooks of struggling auto makers – the federal government has announced new roof standards for light vehicles.

The tough new standards will require manufacturers to significantly strengthen their vehicles’ roofs and improve rollover crash protection. The roof strength requirement was doubled for light vehicles weighing up to 6,000 pounds and regulations also state that the driver and passenger sides of the roof must be able to withstand a force equal to three times the vehicle’s weight.

There are also new requirements for heavy vehicles, those weighing from 6,000 to 10,000 pounds. These heavy vehicles were never before required to meet roof crush standards but must now ensure that both sides of the roof can withstand a force equal to 1.5 times the weight of the vehicle.

Officials hope that these tough new regulations will help save the lives of some of the 10,000 people killed every year in rollover crashes.

Man pleads guilty in Norfolk DUI car accident, death

A man accused of causing a single car crash in Norfolk when he was driving under the influence of alcohol has pled guilty. The accident led to the death of his brother, a passenger in the Ford Explorer.

In early August the driver, Fredy Alvarado-Gonzales, 21, lost control of the Explorer when he tried to pass a car on the 3900 block of Cape Henry Avenue. As a result, the Explorer rolled over several times, ejected the passenger, and crashed into a home located on Hemlock Avenue.

The driver’s brother, Selim A. Alvarado-Gonzales, 22, was killed when he was thrown from the rolling vehicle and crushed beneath it when it landed on top of him. The driver originally denied driving the vehicle but later confessed.

Witnesses had seen the brothers buying beer before the wreck, and the driver admitted to drinking a few hours before the crash. Tests revealed that Alvarado-Gonzales had a BAC of 0.18, more than twice the legal limit in Virginia.

As a result of pleading guilty to killing his brother in the crash, Alvarado-Gonzales was sentenced to six months in jail and an additional suspended sentence of four years and six months. In addition the driver will remain incarcerated until a federal decision is made about his immigration status.

Eldery Couple Assaulted Inside Norfolk Home- Husband Dies, Wife Critically Injured

An elderly couple was assaulted inside of their Bay View home before dawn on Tuesday, April 28th. Early that morning, a relative checking on the couple found them suffering from injures inflicted by a robber. They were taken to a hospital where Marion Wheeler, 90, passed away on Saturday, May 2nd, from blunt head trauma. His 86-year-old wife, Anna Wheeler, is still in the hospital; her condition has recently improved from critical to good. The Wheelers have lived on Sunset Drive in Bay View for over 50 years, and have been married for 58.

Police have charged 29-year-old Brian Jordan with robbery and malicious wounding stemming from an event that took place in the same neighborhood a day earlier, and say that he is a person of interest in the Wheeler assault and home invasion.

Nursing home staffers cited for taking inappropriate pictures of residents

The increasing popularity of handheld devices that take pictures of record video images is causing problems in one southern nursing home. Staffers at the Bluegrass Care and Rehabilitation Center in Lexington were cited by state officials for allegedly taking pictures and audio recordings of elderly residents and sharing the images with others.

Staffers apparently added sexually explicit lyrics to the recorded information and shared the results with other nursing home staff members. The home was cited for failing to enforce its cell phone policy. According to the nursing home rules, staff members are not permitted to have cell phones in resident areas.

The citation also noted that the actions taken by the staff members was not recognized as abuse and no staff members were trained that the practice of taking pictures and recordings could be considered abusive. In addition, the citation noted that in interviews with facility workers, the actions of the staff was a ‘usual event’ and had not been reported to supervisors.

State officials issued a Type A citation to the nursing home, which is the most serious type of citation that a nursing home can receive. As a result of the citation and subsequent investigation of events by the nursing home officials, several staffers were dismissed.

Virginia Schedules Distracted Driving Awareness Day

Are you paying attention to the road the entire time you’re behind the wheel? Many drivers may not realize it, but they are the target of a campaign by Virginia lawmakers and safety advocates to raise awareness about distracted driving.

Distracted driving is a widespread problem, with studies from Virginia Tech showing that nearly 80 percent of crashes and 65 percent of near-crashes involve distracted drivers. As a result of this study and an increasing awareness of the role that distracted drivers play in serious auto accidents, Governor Tim Kaine named April 29, 2009 Distracted Driving Awareness Day in Virginia.

There are a wide variety of behaviors that experts categorize as distracting while behind the wheel. They include eating, sending text messages, reading text messages, talking on a cell-phone, applying makeup, reaching for items in the car, and much more.

The problem is that many people feel so comfortable behind the wheel that they allow their attention to wander. Any time that a driver removes his or her attention from the road, the result is distracted driving. Given this strict definition, nearly every motorist is guilty of driving distracted at some point.

Distracted Driving Awareness Day hopes to highlight the importance of focusing on the road instead of on phones, music players, snacks, or any other of the many distractions in a vehicle.

Virginia Beach hit and run driver pays the ultimate price

A woman who fled the scene of an accident was later killed in a multi-vehicle crash in Virginia Beach Monday morning. The two crashes resulted in the closure of all northbound lanes of First Colonial and the northbound exit ramp from I-264 onto First Colonial.

The woman was driving a Kia Sorrento on First Colonial Road. She drove up onto the median in order to try and pass a Chevy Tahoe, but she hit the Tahoe as she passed it on the left. In response to being hit the Tahoe driver called police to report a hit-and-run and proceeded to follow the driver in the Kia.

About a quarter-mile down the road the Kia hit a Mitsubishi Eclipse. The Eclipse spun into a sport utility vehicle. Near the I-264 overpass the Kia rolled over, skidded, and flipped over onto its roof.

The woman driving the Kia was pronounced dead at the scene of the accident. She has not yet been identified. There were no other injuries reported as a result of the two accidents she caused.

Charges filed in carjacking, robbery that resulted in Newport News crash

Charges were filed last week against two men responsible for a carjacking and robbery that led Newport News and Norfolk, VA police on a chase through several cities. The pursuit started in Newport News and ended when the suspects crashed their stolen car into a tree in Norfolk.

It all began when police received report of a carjacking in Newport News at the same time they were responding to a robbery at a 7-Eleven and an attempted robbery of an individual in a credit union parking lot. Police investigating the robbery reports saw men matching the description of the carjacking perpetrators drive by, and a chase ensued.

Once the suspects crashed the stolen vehicle police arrested Norfolk residents Patrick Couch, 19, and Gregory Walker, 25, who were later charged with 23 felonies.

According to a police spokesperson, Couch was charged with one count robbery, one count attempted robbery, one count carjacking, three counts conspiracy to commit robbery, three counts wearing a mask in public, three counts using a firearm in the commission of a felony, and one count discharging a firearm within a building.

Walker was charged with one count robbery, one count attempted robbery, three counts conspiracy to commit robbery, three counts of use of a firearm in the commission of a felony and one count of discharging a firearm within a building.

Both men are being held without bail.

Eight murdered in shocking nursing home shooting spree

Eight people are dead after a shocking nursing home shooting spree that stunned both the town of Carthage, N.C. and nursing home residents across the country. The gunman, Robert Stewart, 45, entered the Pinelake Health and Rehab nursing home last month, randomly firing at residents and staff.

Seven of the home’s residents were murdered as well as one nurse. Authorities have not released many details about the case, but the fact that Stewart’s estranged wife worked at the center could be a factor. His shooting rampage was stopped by a 25 year old police officer who engaged in gun battle with Stewart.

The officer, Justin Garner, hit Stewart in the chest, ending the battle. However at the same time Stewart was able to shoot Garner three times in the leg. Garner is recovering from his injuries and plans to return to work as soon as he is able.

Stewart was not seriously injured in the incident and was taken to a local hospital. He faces eight counts of first-degree murder and one count of assaulting a police officer.

The incident has prompted discussions in the nursing home community about whether or not additional security is needed at homes across the country. Experts point out that events like this – while tragic – are extremely rare.

Police take advantage of St. Patrick’s Day celebrations to nab drivers for DUI

Checkpoints set up on St. Patrick’s Day in Virginia Beach resulted in five arrests for driving under the influence. According to the Selective Enforcement Team, which specializes in DUI and traffic incidents, the biggest days for DUIs are St. Patrick’s Day, July 4, Labor Day, and New Year’s Eve.

Between 8pm and 1am on St. Patrick’s Day, Virginia Beach police checked 328 cars at three different checkpoints. When officers stop a vehicle at a checkpoint, they ask for the driver’s license and registration, look for broken equipment on the vehicle, check that seat belts are being used correctly, and check for signs of impairment. Checkpoints are usually set up in areas with a high concentration of bars.

According to officers trained to spot drivers under the influence, signs of impairment include speeding, weaving, and driving without headlights. They claim that most offenders are white males between the ages of 21 and 35, and most arrests are made after midnight.

If convicted of a DUI, which is a Class I misdemeanor in Virginia, the individuals arrested face a $2,500 fine, up to a year in jail, and the loss of their license. However, the court does have the option to waive the penalties and substitute the Virginia Alcohol Safety Action Program. The program focuses on alcohol education and counseling.

Repeat DUI offender captured after tipster foils his escape

An inmate performing sheriff’s office work detail at the Virginia Beach Convention Center escaped on Sunday, but was found when a tipster informed police that he was hiding in a local hotel.

James Andrew Harris III, 27, was convicted in November in the Virginia Beach Circuit Court. His crimes include a third DUI in five years, driving on a revoked license, and eluding police.

He escaped around 9pm on Sunday night, and after police circulated his picture through the media a tip led to his capture. He was found Tuesday evening at an oceanfront hotel. Harris now faces a felony escape charge.

Virginia Supreme Court upholds $10.2 million jury verdict in auto accident brain injury case

In 2003 Lynn Zoll, 60, was riding in a Jeep on Interstate 295 in Hanover County when the vehicle was hit from behind by a tractor-trailer. As a result of the accident, the Jeep rolled over three times and Zoll suffered a brain injury.

A Virginia jury awarded Zoll $10.2 million in the case – believed to be one of the largest personal injury verdicts that year. The defendant in the case, Omaha, Nebraska trucking firm Werner Enterprises Inc., appealed the case.

The defendant claimed that Zoll had already sustained significant brain damage prior to the incident with the tractor-trailer. In 1997 she fell on a patch of ice, causing a brain injury. In fact, Zoll was on her way to a brain injury conference when the incident with the Jeep occurred.

However, the Virginia Supreme Court has ruled that there was no error in the original August 2008 Norfolk Circuit Court trial that resulted in the jury award. The defendant’s appeal was denied, and the award stands.

Teen, Woman Injured in Head-on Collision

Two people were taken to the hospital this morning after sustaining serious injuries in a head-on collision. A 17-year-old male veered into oncoming traffic and collided with a 42-year-old woman, sending her SUV into a ditch. Both drivers were taken to Sentara Norfolk General Hospital; police said that the teen’s injuries were considered serious but the woman, while suffering broken bones, was considered to have injuries that were not life-threatening. The crash is under investigation.

16-year-old Passenger Killed in Nags Head Collision

Early Monday evening, a 16-year-old was killed in a Nags Head automobile accident. The teen was a passenger in a vehicle that was struck on the passenger side by an oncoming Jeep. The drivers of both cars were treated for non-life threatening injuries and released; the teen died from his injuries at the hospital. Investigators believe neither speed nor alcohol contributed to the collision; the investigation is ongoing.

8-year-old Killed in Suffolk Crash, Grandmother May be Charged

Sunday morning, an Isuzu Rodeo SVU driven by a 46-year-old Newport News woman hydroplaned on the wet Suffolk road, ran off the highway, struck an embankment and rolled over. The woman and her 8-year-old granddaughter were both ejected from the vehicle; the child was pronounced dead at the scene. Though investigators say speed was not a factor, they do not believe either person was wearing a seatbelt. Investigators found an expired rejected inspection sticker on the SUV; the vehicle had not been able to pass inspection due to defective brakes. Charges are pending as the investigation continues.

Please remember to be safe, and visit the section of our website that pertains to Virginia's seatbelt laws.

Felony Hit and Run in Connection With a Personal Injury- Car Hits Home

Timothy Alan Lewis, 31, was charged with felony hit-and-run in connection with a personal injury after the SUV he was driving ran off the road, knocked down a sign pole, and crashed into a house in Ocean View. Lewis fled the scene but was arrested and charged about half an hour after the crash. The impact moved the house off of its foundation; the woman inside had to climb out of a window to escape.

Pedestrian Killed in Williamsburg Crash

Police say a 23-year-old Williamsburg woman was walking home from work last Thursday when she was hit by two vehicles. She was trying to cross Route 199 about 300 feet away from its intersection with Jamestown Road when she was struck. It was dark and raining; police say she was wearing dark clothing and crossing at an area that was very poorly lit. Both vehicles involved stopped and no charges have been filed.

Virginia Beach woman dies in car accident

A Virginia Beach woman is dead after she lost control of her vehicle and crashed into a building. The victim, Barbara T. Duzant of Virginia Beach, 68, was originally thought to have died as a result of a medical condition. However, an autopsy revealed that Duzant actually died as a result of injuries sustained in the collision.

Duzant was driving west on Princess Anne Road and veered into oncoming traffic when she made a move to turn left onto Kempsville Road. She sideswiped another vehicle then continued about a quarter of a mile before crashing into a vacant brick building.

The chest injuries Duzant sustained in the crash were blamed for her death, although a medical condition may have caused her to initially loose control of the vehicle. She was not wearing a seatbelt and alcohol and speed were not factors in the accident.

DUI and Driving on a Suspended License Charges Brought Against Norfolk Woman

A 27-year old Norfolk woman has been charged with driving on a suspended license and second offense DUI. She was driving under the influence of alcohol around 4 a.m. last Friday when she collided with a parked Virginia Department of Transportation truck on the High Rise Bridge in Chesapeake. The eastbound lanes of the bridge were closed for over an hour following the crash.

Senate bill aims to protect nursing home residents from abuse

A bill introduced by the leader of the Senate Special Committee on Aging aims at protecting nursing home and long-term care facility residents from abuse. The legislation, championed by Senator Herb Kohl, a Democrat from Wisconsin, would create a national database of criminal records. The program is estimated to cost $100 million over a three year time period.

Currently, even though many states require background checks for nursing home employees, it can be difficult – if not impossible – for employers to determine if applicants have committed crimes in other states. This means that applicants with a history of abuse or a background in violent crime can be hired to work with the elderly, unbeknownst to the facility.

Comprehensive background checks are needed, argues Senator Kohl, because of cases where nursing home residents have been raped, abused, or injured by caregivers with known criminal backgrounds. Providing a national system to allow states to cross-reference their criminal records could prevent these types of situations in long-term care facilities.

Virginia nursing homes facing norovirus outbreak

Norovirus, a highly infectious virus also known as a Norwalk virus and notorious for infecting cruise ship passengers, has broken out in several Virginia nursing homes. The virus is difficult to contain once it shows up in a facility, and the nursing homes had to ask for assistance from the local health department.

All three affected adult care facilities are located in the Rappahannock area of Virginia, and all were having difficulty getting rid of the virus. Norovirus spreads quickly from one person to another via personal contact, the sharing of food or drink, or through surface contact. The facilities tried various means of containing the virus, including separating residents during meal time, asking visitors to postpone visits, and making sick staff members stay home so they can’t infect anyone else.

Norovirus is most active between December and April, and can be especially dangerous for young children and the elderly. One side-effect of the illness is dehydration from repeated vomiting and diharreah, which can be serious for older people.

Health department officials recommend cleaning with dilute bleach solutions and frequent hand washing to keep the virus at bay.

Virginia House and Senate approve bill that would ban text messaging while driving

The Virginia Senate has voted 33 to 6 and the House voted 88 to 9 to approve House Bill 1876 which would ban motorists from typing or reading cell phone text messages while driving.

The text of the bill reads, “Prohibits operation of a motor vehicle, on the highways in the Commonwealth while using any handheld personal communications device to manually enter multiple letters or text or to read a text message. This bill provides exemptions for the use of global positioning systems (GPS), reading caller identification information, and using a wireless telecommunications device to report an emergency. The provisions of this bill do not apply to operators of emergency vehicles.”

Drivers found texting could be punished by a $20 fine for the first offense and $50 for a second or subsequent offense. Since texting will be a secondary offense, motorists cannot be stopped solely for texting while driving. They would have to be pulled over for some other offense before a law enforcement officer could cite them.

Now it is up to Virginia Governor Tim Kaine to approve the bill.

Stimulus plan funds not enough to avoid major Virginia transportation cuts

Car and tractor trailer drivers be warned: Virginia officials plan to shut down 25 of the state’s 51 rest areas, close a number of regional Virginia Department of Transportation offices, and reduce mowing and safety patrols along major highways.

Some are concerned that these cuts could affect motorist safety. Especially concerning is the planned closure of 62% of the state’s rest areas, which many long-haul tractor trailer drivers depend on for breaks. Without convenient places to stop and rest, some fear that truck drivers will push themselves too far, leading to more accidents.

A public hearing will be held in March to discuss the proposed VDOT changes, but officials maintain that the hearing is merely a formality. With no money in the budget to avoid the costs, safety concerns – while valid – may fall on deaf ears.

Drowsy driver crashes into State Troopers in Hampton, VA

Two Virginia State Police officers were stopped on the side of Interstate 64 each of the Armistead Avenue exit at 1:30am on February 18 when one of the police cars was hit by a passing driver.

The officers were on the side of the road after pulling over a driver suspected of driving under the influence. Lacey Coleman of Newport News, VA was driving a BMW and hit one of the police cruisers, causing the vehicle to slam into the other cruiser.

According to a police spokesperson, one of the cruisers was damaged so badly that it is a total loss. Fortunately there were no injuries in the crash, which could have been very serious.

It turns out that Coleman had fallen asleep at the wheel. She has been charged with reckless driving and failure to yield to an emergency vehicle on the shoulder.

Virginia State Police car and 3 other vehicles wreck on I-64

A traffic accident on Interstate 64 in Newport News involving three vehicles and a Virginia State Police patrol car caused traffic problems on February 11, 2009. Two lanes of I-64 had to be shut down and the exit ramp to northbound J. Clyde Morris Boulevard was closed as a result of the crash.

One motorist sustained minor injuries in the accident and drove to the hospital in her own car. The trooper had to be transported to a local hospital to treat her injuries but is expected to make a full recovery.

The cause of the accident is unknown and is still under investigation. This is the second accident in two days involving a Virginia State Police officer. The previous day, a state trooper on a motorcycle clipped the side of a car that was driving illegally on the I-64 shoulder.

The officer on the motorcycle was taken to the local hospital for x-rays after falling from her bike. The woman driving illegally on the shoulder claimed to be late for a test at Hampton University and was charged with improper passing on the shoulder.

Dog Bite: Infant Attacked by Babysitter's Pit Bull in Newport News, Virginia

An infant is in critical condition at Sentara Norfolk General after being attacked by a pit bull this morning. The seven month old baby boy was attacked by the babysitter's pit bull in her Newport News home. The infant suffered facial and neck injuries. The pit bull was euthanized by animal control. Detectives are currently investigating this incident; the babysitter has not yet been criminally charged.

Virginia man facing manslaughter and DUI charges in driving death

Warrants were issued last week for a Virginia man in connection with an automobile accident that took the life of a 48 year old firefighter / paramedic. The suspect, Michael Eugene Garner Jr, 39, faces charges of aggravated involuntary manslaughter, driving under the influence, and driving on a suspended license. This is Garner’s second DUI in the last 10 years, with a third received in 1996.

The fatal crash took place on January 28, 2009 when the suspect on highway I-81 near Bristol, Virginia. Garner was driving the wrong way on I-81.

This isn’t the first time Garner has been in trouble for traffic related offenses. According to court records, his driving history includes two prior DUI convictions and multiple convictions for improper driving and related violations dating all the way back to 1994.

Strangely, this was the third report in recent months of drivers headed the wrong way on I-81 in the Bristol, Virginia region. One of the sheriffs involved in the recent case noted that in California there are wrong-way spikes in the road to prevent motorists from heading the wrong way on a highway. However, spikes are not used in Virginia and some view them as unconstitutional.

Nursing home providers anxiously watching stimulus package in Congress

A new $819 billion stimulus packages is making its way through the House and the Senate, and some provisions have nursing home providers nervous. The stimulus package has many goals and payouts, but proposed changes to Medicaid are worrisome for some.

A full $87 billion of funding has been allocated for state Medicaid funding, but also included is wording that would rescind some Medicaid eligibility requirements. Unfortunately, these very eligibility requirements were put in place by states trying to manage their enormous budget deficits, and the changes could prove overwhelming.

If the provisions are approved, nursing home providers worry that states might slash payments to healthcare providers and physicians. The American Health Care Association, the Alliance for Quality Nursing Home Care, and The Partnership for Medicaid coalition have issued a statement asking the senate to protect provider payments.

The lobbying organizations contend that changes to Medicaid funding could adversely impact the nation’s frail, elderly, and disabled citizens. According to the groups, the impact would be widespread as nearly 65 percent of nursing home residents and 12 percent of individuals in assisted living communities relying on Medicaid to pay for the care they need.

Nursing Homes on Lookout for Tainted Peanut Butter

The recent wide-spread recall of tainted peanut butter products has Virginia nursing homes scrambling to make sure their residents aren’t eating the potentially dangerous foodstuff. The peanut butter, which is said to be tainted by salmonella, was sold in large quantities to institutions and manufacturers who used it to create cookies, crackers, cakes, and ice creams.

The Food and Drug Administration has linked the outbreak to the Peanut Corp. of America’s Georgia plant. The sick and the elderly are especially vulnerable to salmonella poisoning, and the outbreak may have already caused 6 deaths and 480 cases of sickness in 43 states.

Institutions affected include nursing homes, long term care facilities, assisted living facilities, prisons, and schools. Anyone concerned about the recall is urged to check the FDA’s website for more information.

Deadly Virginia Beach DUI Crash Results in Prison Sentence

A 30 year old Virginia Beach man landed in prison after crashing into another car and killing its driver, Jane Gardner, 39. Clyde D. Covington Jr. had apparently had three beers at a friend’s house before the accident. His BAC was 0.09, just over the 0.08 BAC legal driving limit in Virginia.

Covington pleaded guilty to aggravated involuntary manslaughter, driving under the influence and failing to comply with a traffic signal in September of last year. This week he was sentenced to pay $600 in fines and to serve five years and one month in prison.

Taking the stand, Covington apologized to Gardner’s family. Covington’s friends and family testified to his good character and he was forgiven by the victim’s family.

Fatal Norfolk auto accident suit settled for $399,000

In August of 2007 Demetria S. Powell, 26, was killed at the scene when a dump truck filled with dirt hit the side of her car and pushed her into a metal utility pole. The dump truck driver, Benjamin D. Millwood, was accused of running a red light and hitting Powell’s Toyota Camry.

Demetria Powell’s mother, Teresa J. Powell, filed the lawsuit in September 2007 on behalf of her daughter. The settlement terms were disclosed by a court order entered last month.

According to the order, the lawsuit was settled for $399,000, but neither the dump truck owner nor the driver admitted liability when they agreed to let their insurance carrier pay the settlement.

Police Patrol for Impaired Drivers During the Holidays

In Amherst County, deputies are continuing to patrol for impaired drivers over the holiday season and plan to set up a checkpoint for the county.

Seven people were arrested for alleged drunk driving on the weekend of December 6 and December 7. According to Amherst sheriff’s Lt. Greg Turner, that was an unusually high number of arrests in connection with drunken driving.

This last weekend, Amherst County deputies worked under the auspices of the Central Virginia Highway Traffic Safety Board, which is a consortium of law enforcement agencies Lynchburg and Amherst, Bedford, Campbell, Charlotte, Pittyslvania and Prince Edward counties.

On the night of Saturday, December 13, 2008, 32 police officers from nine law enforcement agencies were scheduled to man a checkpoint on U.S. 29 in Campbell County.

Amherst County deputies also work alongside the Lynchburg Police Department to conduct DUI checkpoints. At the checkpoints, the officers ask for motorists’ driver’s licenses and try to determine whether the drivers have been drinking.

The focus of Amherst County deputies is to detect and stop drunk drivers through the New Year’s weekend, said Turner.

Amherst County deputies are not the only ones increasing their efforts to find impaired drivers, Virginia State Police have also increased enforcement during the holiday season. During just two days in November, state police enforcement officers arrested 21 suspected drunken drivers on Interstates 81 and 95.

Virginia is tough on individuals convicted of DUI or DWI. Virginia laws consider DUI and DWI to be class one misdemeanors. A class one misdemeanor is the highest class of misdemeanor. Some drunk drivers are tried as felons. The punishment for a conviction varies depending on the circumstance. Class one misdemeanors come with up to one year in jail, $2500 in fines, and suspension of driver’s license for one year. A felony DUI conviction carries a minimum of six-months of jail time and up to five years in prison.

National Accident Statistics Mirror Virginia’s Crash Facts

One of the most comprehensive analyses of accident causation in thirty years suggests that focus on speed limit enforcement may be misplaced.

The National Highway Traffic Safety Administration (NHTSA) analyzed 5,471 injury accidents that occurred across the United States from July 3, 2005 to December 31, 2007. Researchers were sent to accident scenes before they were cleared to collect data, which is unlike previous studies that automatically generated computerized data found in police reports. This approach to data collection allowed a first-hand comparison of physical evidence by directly interviewing witnesses and others involved in the accident. This data was reviewed to determine factors that are most often linked to crashes.

The report explained that "The critical reason is determined by a thorough evaluation of all the potential problems related to errors attributable to the driver, the condition of the vehicle, failure of vehicle systems, adverse environmental conditions, and roadway design. The critical pre-crash event refers to the action or the event that puts a vehicle on the course that makes the collision unavoidable, given reasonable driving skills and vehicle handling of the driver."

Researchers found that vehicles “traveling too fast for conditions” only accounted for about five percent of the critical pre-crash events. Some of the more substantial elements involved in crashes included 22 percent driving off the edge of a road and 11 percent who drifted over the center dividing line.

The study also found that when driver error was the main cause of an accident, distraction and driver inattention accounted for 41 percent of these errors.

The NHTSA findings were very similar to crash statistics provided by the Virginia Department of Motor Vehicles. The state agency found that “speed too fast” as a driver error only caused about 2.9 percent of the crashes in 2007. More crashes were caused by drivers falling asleep or becoming ill. Bad weather, such as fog, rain and snow, accounted for 14.6 percent of the accidents.

Assisted Living Facility Employee Accused of Verbal Abuse

An employee was recently fired after a state investigation determined that she had been verbally abusing residents at the Caring and Sharing Home for Adults assisted living facility at 6008 Jefferson Avenue. According to investigators, the employee had been cursing at the residents, calling some of them “crack head,” borrowing money from them and selling food to them from her neighboring apartment.

Many of the residents living at the Caring and Sharing Home for Adults are poor, depend on state money to live in the facility and suffer from mental disabilities.

Caring and Sharing Home for Adults has had numerous violations since at least 2004, according to Virginia state records. According to a 2007 report by the Joint Legislative Audit and Review Commission, an investigative branch of the General Assembly, 20 percent of Virginia’s 583 assisted living facilities had significant compliance problems or verified complaints.

In Newport News, two inspectors from the local state licensing division inspect the city’s 50 assisted living facilities and adult homes at least once every year. Some facilities in Newport News are inspected at least three times a year.

In 2008, Caring and Sharing Home for Adults was inspected nine different times from January 8 to November. Five of the inspections were prompted by complaints. One of the inspections in July lasted for three days.

The complaints were usually anonymous and included accusations of neglect to children living in the facility, spoiled food and verbal abuse. Inspectors had previously had difficulty proving these allegations until this fall, when there were verbal abuse complaints by four residents, which resulted in the firing of the employee.

According to the four residents, the employee cursed at residents, told a resident, “You eat second shift. Get away from the table, it’s not your turn to eat,” and called a resident “crack head.” Residents told the inspector that the employee was rude and loud, borrowed money from them, sold food to residents, refused cigarettes after telling them that they would get some and invited certain residents to her home for soda and tea.

The state did not release any additional information as to how much the employee borrowed or if she ever paid the money back. Officials would also not give an overall assessment of whether the assisted living facility was troubled.

Fewer Traffic Deaths over Thanksgiving Holiday

Fatalities caused by car accidents declined this year over the Thanksgiving holiday, as compared to last year. This year, there were fewer than half the number of reported deaths last year in Virginia, according to the Virginia State Police.

Based on preliminary figures, nine people were killed on Virginia roads and highways during the five day holiday travel period, which is significantly lower than last year that had 19 deaths. In 2006 there were 16 fatalities resulting from auto accidents. This year’s total was the lowest reported since 2002, when there were also nine deaths.

The figures for Virginia and three other states seem to be in line with the predictions made by traffic safety specialists that fewer miles traveled would result in fewer deaths. AAA Mid-Atlantic made a statement last week commenting on trends observed earlier this year by saying, “as Americans began driving less, fewer people were being killed and injured in traffic crashes.”

AAA Mid-Atlantic spokesman John Townsend said that at first, high gasoline prices were the cause of the decline in miles traveled, but now it has to do with motorists’ worries about the economy. Townsend predicted last week that there would be 9,200 fewer Washington area residents on the roads during the Thanksgiving holiday period. Ohio and California officials also reported a dramatic decline in holiday weekend traffic deaths.

Virginia State Police said that two victims of the crashes that occurred this year were teenagers, two were bicyclists and one was a pedestrian. At least two of the nine fatal crashes took place in Northern Virginia. There were also fatal accidents reported in Carroll, Louisa, Powhatan, Rockbridge, Rockingham and Southampton counties, according to police. The crash in Carroll involved a driver who was wanted in connection to a murder in Staunton. The driver was charged with DUI, resisting arrest and possession of a firearm.

Attorney Charged with DUI

A Virginia Beach attorney has been charged with driving under the influence (DUI) and ultimately causing a reckless driving accident. The attorney rear ended another vehicle on Jefferson Avenue in Newport News on Monday, December 1, 2008, according to police.

Margaret Perkins, 44, of N. Woodhouse Road in Virginia Beach, was arrested at approximately 3:00 PM for DUI. She is an attorney with Patient First in Virginia Beach.

According to Newport News police spokeswoman Holly McPherson, Perkins was driving south on Jefferson Avenue when her Honda hit a Chevrolet Malibu from behind that was stopped in front of the Waffle House near the Mall at 12300 Jefferson Avenue. The two women in the Chevrolet Malibu were not injured and there was only minor damage sustained to the vehicle, said McPherson.

“Ms. Perkins was passed out in the driver’s seat when the officer arrived on the scene of the accident,” McPherson said.

Jim Schulenberg, a spokesperson for the organization that operates the community medical facilities, was able to confirm that Perkins was an attorney for the organization, but would not comment further on Perkins’ case.

Virginia imposes strict penalties on individuals convicted of DUI. Under Virginia laws driving under the influence (DUI) and driving while intoxicated (DWI) are both class one misdemeanors, which is the highest class of misdemeanor. Depending on the details of the DUI allegation, those accused can even be tried as felons. Punishment for DUI varies based on the circumstance. Penalties are based on whether the DUI allegation is a first, second, or subsequent arrest, the level of blood alcohol detected and whether there was a child in the vehicle at time of arrest. If convicted, a class one misdemeanor can carry numerous penalties, including a jail sentence of up to one year, $2500 fine and driver’s license suspension for one year. If the DUI conviction is considered a felony, the penalties can include a minimum of six-months of jail time and up to five years in prison.

Newport News Police Official Convicted of Drunken Driving

On Wednesday, November 19, a high-ranking Newport News police official was found guilty of drunken driving by the Hampton General District Court. The incident of drunken driving occurred in August when a state trooper said he saw Dawn Barber, 44, weaving in and out of traffic.

The conviction came one day after Barber was demoted one rank by her boss, which stripped her of her assistant chief title. The demotion was the result of the offense.

Barber, who is now a captain, was stopped at approximately 9:40 PM on August 16 after a Virginia State Police trooper witnessed her nearly hitting another car on Interstate 64 near North King Street. She was charged with driving under the influence and reckless driving.

Following Barber’s conviction, General District Court Judge Albert W. Patrick III issued her a standard punishment for a first-time DUI offense, which included a 30-day suspended jail term, a one-year restricted driver’s license that allows her to drive for work, a $250 fine and mandatory attendance at an alcohol counseling program.

If Barber does not follow through with the judge’s requirements, she could face a double fine of $500 and could be forced to serve time in jail and have her driving privileges revoked.

Barber had previously been one of three assistant chiefs. According to police records, her annual salary was $87,675, but it wasn’t apparent what her compensation as a captain would be.

After Tuesday’s hearing, Barber made the following statement, “I made a serious error in judgment that has affected me personally and professionally. There are consequences to my actions. Of course I regret it.” She also said that she felt that her treatment was fair by the court and her boss. Barber even apologized to the Newport News Police Department, others in law enforcement “and the entire community.”

Three-Car Accident Kills One Person and Injures Four Others

A three-car crash last week in Albemarle County resulted in one fatality and left four people seriously injured. The accident took place at approximately 4:10 PM on Saturday, November 15, 2008 at 2420 Richmond Road, approximately one mile east of Interstate 64.

According to Albemarle County police, 63-year-old John Jarvis English from Charlottesville, was heading westbound on Route 250 when he veered into eastbound traffic. English then side-swiped one vehicle and then hit another car head-on.

There were five victims of the tragic accident, including English, who were all taken to the University of Virginia Medical Center. English was later pronounced dead at the hospital. The four other victims sustained serious injuries, none of which were life-threatening, according to Albemarle County police.

The 2400 block of Richmond Road was closed by Albemarle County police for nearly two and a half hours, while the wreckage was cleaned and the crash was investigated.

Police believe that the tragic accident could have been caused by a medical issue suffered by English. Currently, an Albemarle County crash reconstruction team is investigating the accident.

Every year, thousands of people are injured in Virginia car accidents. The most recent statistics from the Virginia Traffic Crash Facts report show that 1,026 individuals were killed in 940 fatal car crashes throughout the state in 2007. Last year, there were also 49,138 personal injury crashes, which were to blame for 68,822 injuries.

There are numerous reasons for car accidents, including driver impairment, driving while distracted, running a traffic control and speeding. Alcohol is often a factor in serious car accidents, which can be seen by the historical data. For example, in 2007, there were 11,215 alcohol-related accidents, which was about 7.7 percent of all crashes in Virginia. There were also 346 alcohol-related fatal crashes and 5,125 alcohol-related personal injury crashes. According to researchers, the age group, 21-25, made up the largest percentage of drivers involved in Virginia car crashes.

Three High School Students Killed in a Car Crash in Virginia Beach

Three students from Green Run High School were killed in a car accident on Friday, November 14, 2008, when their vehicle hit a minivan on Salem Road in Virginia Beach. Monday, November 17, 2008 is the first day back to school since the three teens died and school administrators are taking measures to help students cope with their grief.

Matthew Kirkbride, 18, Adam Sherman, 17 and Joseph Jenkins, 17, were all killed last Friday when the car they were traveling in crossed over the center lane and collided with a minivan on Salem Road. The students had just left the Virginia Beach technical and career education center where they were taking classes.

According to police, Kirkbride was driving, Jenkins was in the front seat with him and Sherman was sitting in the back seat. All three teens were wearing their seat belts at the time of the accident, but the collision was so severe that the three students were killed by the impact.

As the news of the three teens’ deaths traveled, students came by Green Run High School to bring flowers and signs in remembrance of their friends and classmates. Green Run High School students said that everyone knew Kirkbride, Sherman and Jenkins and the sudden loss of their lives will be felt not only by their senior class, but throughout the entire high school.

“I think tomorrow is just going to be a really quiet day, just…I think everybody’s just going to be sad and try to remember them,” said Caroline Hutto, a Green Run High School student.

Car accidents in Virginia are all too common. In 2007, there were 145,405 crashes reported, which resulted in 1,026 deaths and 68,822 injuries. There were many different causes associated with these accidents, including driver impairment, running traffic controls, speeding, driver distractions and so on.

Young Volunteer Firefighter Killed in Crash

A 17-year-old volunteer firefighter, who was a student at Spotswood High School, was killed last week in an early-morning crash. He was on his way to his job as a volunteer firefighter when the accident took place.

Roy Dale Smith III, was traveling northbound on Island Ford Road near Elkton at 1:00 AM when he entered a curve, ran off the right side of the road, overcorrected and ran off the left side of the road. His 1996 Isuzu Rodeo flipped several times and hit a power box. Smith was not wearing his seatbelt at the time of the crash and was ejected from his vehicle. He died at the scene of the accident, according to Sgt. Tyler of the Virginia State Police.

Tyler was quoted as saying that the “usage of seat belts may have prevented some of the injuries and possibly the death in this accident.” He added that the investigation is ongoing, but it appears as though fog and speed may have played a factor in the crash.

Smith was responding to a call of a structure fire that rang into the McGaheysville Volunteer Fire Company, officials say. He had been a volunteer firefighter with the department since October 2007 and had ambitions of becoming a professional firefighter one day.

Mike Davis, an industrial cooperative training coordinator at Spotswood High, said that he would always remember Smith’s enthusiasm for firefighting and his commitment to helping others. Smith would say that he wanted to become a firefighter to help people.

Tim Woodward, the principal at Spotswood High School, said that Smith was a model student who was a participant in many different activities. He was the member of the Spotswood FFA, Skills USA Club and the industrial cooperative training program. Smith also took firefighting classes at Massanutten Technical Center.

Students remember Smith as being a positive young adult who was polite and well-mannered. He was very well liked.

Former Virginia Tech Quarterback Found Guilty of DUI

Marcus Vick, a former Virginia Tech quarterback, pleaded guilty to charges of driving under the influence and was convicted in a Norfolk courtroom. He was also convicted on counts of driving on the wrong side of a divided highway and eluding a police officer.

Originally, Vick had also been charged with driving on a suspended license and reckless driving, but those charges were dismissed. According to Virginia law, someone can not be convicted of DUI and reckless driving as a result of the same offense.

According to Norfolk Commonwealth’s Attorney spokeswoman Amanda Howie, all five of the misdemeanor charges were from a June 13, 2008 incident in Norfolk. Vick was arrested on that day after fleeing from a bicycle patrol officer.

Vick and his passenger, Delicia Lenora Cordon, a Miami, Florida resident, appeared to be involved in an altercation while sitting in a vehicle. When a police officer approached Vick’ vehicle to ask if any assistance was needed, Vick fled the scene at a “high rate of speed” when he was asked for his driver’s license.

Several minutes later, Vick was stopped by police and failed a sobriety test. He was taken to the Norfolk City Jail were he was charged with five misdemeanors, according to a Norfolk Police Department news release. Cordon was also taken to jail and charged with being drunk in public.

Vick was given a 12-month jail sentence, but the sentence ended up being suspended in its entirety. He will be fined $250 and his driver’s license will be suspended for 12 months. Vick was also fined $250 for eluding a police officer and $30 for driving on the wrong side of a divided highway.

In 2006, Vick was permanently removed from the Virginia Tech football team after he stomped on the leg of Elvis Dumerville, a Louisville defensive end, in the Tech’s Gator Bowl win.

Four Deaths on Virginia 151 Prompted Change

Laura Cavedo and her two daughters, Elschen Strickler, 12, and Iliana Strickler, 9, were killed in a car accident on August 30, 2007 near the intersection of Virginia 151 and Virginia 635. Thirty-three days later, another woman was fatally injured along Virginia 151 near the intersection of Route 840. These unfortunate deaths made last year the deadliest year along this road in a decade.

Cavedo and her daughters were in the process of moving to their home in Crozet and were on their way back to their Greenfield home to pick up another load. They were all wearing their seat belts. Cavedo stopped on Virginia 151 and was waiting to turn onto Virginia 635, when a truck rear-ended her car, sending her into oncoming traffic. Her two daughters were killed instantly when a van hit Cavedo’s car head-on. Cavedo was later pronounced dead at the hospital.

The driver of the truck and the driver of the van were injured, but survived. It was later found that the driver of the truck had fallen asleep behind the wheel. He was charged with reckless driving.

The car crash that occurred thirty-three days later involved Gertrude Ann Johnson, 54, of Nellysford. She was traveling on Virginia 151 near Virginia 840 with Betty Sanford, 63, of Greenfield, when a vehicle swerved into their lane and hit them head-on. Johnson was pronounced dead at the scene. Sanford and the driver of the other vehicle were injured and taken to UVa Medical Center. The driver was found guilty of improper driving and was fined.

Nelson County Sheriff David Brooks said that the 18-mile stretch of Virginia 151 in Nelson County, which extends from Virginia 833 and Brent’s Gap to U.S. 250 near Avon, is a residential road. There are numerous businesses located along this highway. It is also considered a scenic route and a tourist route to Wintergreen and Blue Ridge Mountains. Brooks said that the road is deceptively dangerous if drivers aren’t paying attention. According to Brooks, there are a lot of blind spots on 151.

The four deaths that occurred last year prompted lower speed limits, the organization of civic groups and increased enforcement of speed limit laws along Virginia 151.

Fossella Found Guilty of Misdemeanor Charges of DUI in Virginia

Representative Vito J. Fossella, a Staten Island Republican, was stopped last spring on an Alexandria road for driving under the influence of alcohol. He was convicted last Friday, October 17, 2008, of a misdemeanor charge of DUI.

A scandal erupted after Fossella’s arrest last May when he later admitted to an extramarital affair that resulted in a child, which caused him to withdraw his re-election bid.

Judge Becky J. Moore gave her verdict in Alexandria District Court, while Fossella, 43, a husband and father of three children in Staten Island, sat expressionless. Fossella can appeal to have his case heard by a jury, under Virginia law.

The prosecution is pursuing a five-day jail sentence, which is the penalty for drivers who have a blood alcohol content of at least 0.15 percent. According to records, Fossella registered at 0.133 percent during the roadside breath analysis test. After his arrest, his blood alcohol content registered 0.17 percent on a different machine. The legal limit in Virginia is 0.08 percent, which is similar to most states across the country.

Fossella’s defense attorneys argued the accuracy of the breath analysis machines, which is a tactic that has proved successful in past cases involving alleged DUI. Judge Moore scheduled a court hearing for December 8, 2008 to decide if the prosecution had established that Fossella met the legal threshold for a five-day jail sentence.

A statement released after the trial quoted Fossella as saying, “I made a serious mistake and I want to again apologize for setting the wrong example. I believe we live in a nation of laws, that no one person is above the law, and I look forward to the judge’s final determination in December.”

A few witnesses gave their testimonies during the trial, including the arresting officer, Jamie Garnett. Officer Garnett stated that he stopped Fossella after he drove through a red light during early morning hours of May 1. When he approached the congressman in his vehicle, Officer Garnett noticed that Fossella’s lips were stained red and his eyes were bloodshot. According to Officer Garnet, Fossella’s vehicle also reeked of alcohol.

Fossella gave his testimony stating that he had drunk approximately two glasses of wine at two restaurants where he was with his friends and acquaintances. He said that he later rushed to Virginia that night after being informed by his mistress that his daughter was ill.

The defense called several witnesses who had been with Fossella that night. They testified that he did not appear drunk.

Study Reveals 13% of Seniors Report Mistreatment

A study conducted by University of Chicago researchers shows that 13 percent of American seniors suffer some type of mistreatment. The study includes reports of abuse in the form of verbal, financial and physical, especially for the impaired.

The main forms of mistreatment included verbal abuse which accounted for 9 percent, being taken advantage of financially which accounted for 3.5 percent and physical abuse which accounted for 0.2 percent. Researchers also found that seniors with physical impairments were most likely to become victims of verbal abuse.

Study co-author Linda Waite, a professor of sociology, said in a university news release that
"older people with any physical vulnerability are about 13 percent more likely than those without one to report verbal mistreatment, but are not more likely to report financial mistreatment."

During the study, 3,005 community-dwelling adults, ages 57 to 85, were surveyed. The analysis of the national survey revealed that adults in their late 50s to 60s are more likely to report verbal or financial mistreatment than those who are older. Lead author Edward Laumann, a professor of sociology said in the news release that the reason could be due to the fact that respondents are including fairly routine arguments that could be about money with their spouse, sibling or child in their reports. Another reason could be that older adults are more reserved in reporting negative behavior.

The study also found that women are twice as likely as men to report verbal abuse. Hispanics were found to be half as likely as Caucasians to report verbal abuse and 78 percent less likely to report financial mistreatment. African Americans were 77 percent more likely than Caucasians to report financial abuse.

Among the adults who reported verbal abuse, 26 percent stated that their spouse or romantic partner was responsible, 15 percent stated that their children were responsible and the remaining individuals said friends, neighbors, co-workers or bosses were responsible. Regarding the adults who reported financial mistreatment, 57 percent said that a relative other than a spouse, child or parent was taking advantage of them.

The study was published in the Journal of Gerontology: Social Sciences.

Grant Helps the Elderly Avoid Nursing Homes

It is estimated that as many as 4 in 10 individuals over the age of 65 will spend time in a nursing home at some point, according to recent research. A Central Virginia non-profit organization based in Charlottesville, known as the Jefferson Area Board of Aging, has received a grant to help some of the elderly stay in their homes.

The grant to the Jefferson Area Board of Aging is meant to help older people stay in their homes for as long as possible. Gordon Walker, the Jefferson Area Board of Aging’s CEO said that the grant “provides another option to enable people to stay at home because it will cost less for people to stay in their home than to go into a nursing home.”

The Jefferson Area Board of Aging received approximately $300,000 and Waynesboro’s Valley Program for Aging Services also received a portion of the grant. Waynesboro’s Valley Program for Aging Services helps older people who are at risk of nursing home placement, but do not qualify for Medicaid because they own too many assets.

The grant consists of a 9-month planning phase. Once the planning phase is complete, 25 individuals from Jefferson Area Board of Aging’s district and 5 individuals from Waynesboro’s Valley Program for Aging Services’ district will receive money each month to bring nursing home care to them.

According to Walker, the grant will help the organization provide additional funds necessary to ensure that there is adult day care, home care and case management. The extra money will also give the Jefferson Area Board of Aging the ability to send someone to an older person’s home to install a grab bar in the bathroom, if needed.

The Jefferson Area Board of Aging believes that even in a slow economy, grants for these types of projects is money well spent.

Driver Convicted of DUI Death Arrested Again on DUI Charge

Melvin Chadwick Compton awaited his sentencing on September 15th in a Wythe County courtroom for two criminal convictions associated with a 2007 alcohol-related accident that killed his cousin, Stanley Joel Tickle. The sentencing hearing ended up being postponed. Compton is set to appear in Wythe County Circuit Court on October 30th for the sentencing of his convictions, which include involuntary manslaughter and DUI-second offense.

The 2007 accident occurred when Compton was driving a Ford Explorer on U.S. 52 and crashed his vehicle. His passenger was killed in the crash. Compton was injured in the accident and taken to the hospital, but he later recovered. According to the prosecution’s evidence, a state trooper found open alcohol containers in the vehicle and Compton’s blood alcohol content was .15 that night. In a statement to the judge, Compton said he was remorseful for his role in the tragic accident and would trade places with his cousin in a heartbeat. He said he wished the accident had never happened.

Six days after the sentencing was postponed, Compton was arrested on DUI charges in Bland County, just one day after the anniversary of the fatal accident that killed his cousin. If convicted, it would be his third or subsequent offense in 10 years. Compton was scheduled to appear in Bland County General District Court on Tuesday, September 30th for a bond hearing on the latest felony charge.

The Virginia state trooper who wrote the latest arrest warrant for Compton stated that “as I approached the driver, I could smell a strong odor of alcohol coming from his breath and he was unsteady on his feet.” Compton’s blood alcohol content was .16, which is twice the legal limit in Virginia. His preliminary hearing has been scheduled for November 12th. Compton is currently being held in the New River Valley Regional Jail without bond on the latest charge pending the outcome of Tuesday’s hearing.

Nursing home patient's death cause 'undetermined'

A nurse accused of giving unauthorized medication to a nursing home resident the day before he died won't be charged with a crime, police said this week.

Police have completed their investigation into whether the medication caused or contributed to the death of John P. Stratton, 76, of Newport News. Stratton was staying at the James River Convalescent and Rehabilitation Center, on Aberthaw Avenue near the intersection of Jefferson Avenue and Main Street.

"After conferring with the Commonwealth's Attorney, there will be no charges filed in reference the case of John Stratton," said police spokeswoman Holly Tepper.

The State Medical Examiner's regional office in Norfolk completed an autopsy on Aug.10 that included a toxicology test. The report lists the cause of Stratton's death as "undetermined," said Stratton's daughter, Denise Barnes. "I took that to mean they didn't know what happened to him," she said.

Drive Safe Hampton Roads to provide free child safety seat checks

Drive Safe Hampton Roads is kicking off National Child Passenger Safety Awareness Week with a free Child Safety Seat Check on September 20, 2008, 10:00am to 1:00pm, at AAA Tidewater, 5366 Virginia Beach Blvd. in Virginia Beach.

The week of September 21-28 is nationally designated as Child Passenger Safety Awareness Week to promote the increased and proper use of child safety seats and safety belts when children are riding in motor vehicles. To help educate parents and caregivers about the potential dangers of improperly installed child safety seats, Drive Safe Hampton Roads and their community partners will be offering to check safety seats for proper installation as part of the national "Safety Seat Saturday" kick off.

Drive Safe Hampton Roads would like to remind parents and caregivers that Virginia law requires all children under the age of eight to be properly restrained in a Department of Transportation (DOT). This law applies to any driver, not just the parent or the guardian, in any vehicle on any highway in Virginia. In addition, all children between the ages of eight and sixteen years of age must be properly restrained in a safety seat or belt, in any seating position in a vehicle.

Sept. 7-13, 2008 is National Assisted Living Week

Sen. Mike Crapo (R-Idaho) and co-sponsor Sen. John Thune (R-S.D.) introduced Senate Resolution 652 declaring the week of Sept. 7-13, 2008 to be National Assisted Living Week (NALW). The National Center for Assisted Living (NCAL), creator of NALW, appreciates the honor and national recognition bestowed by Sen. Crapo and Thune.

“On behalf of the assisted living profession, NCAL thanks Sens. Crapo and Thune for acknowledging the 14th annual NALW, which is celebrated by the residents, staff and volunteers in assisted living communities nationwide,” says David Kyllo, executive director of NCAL. “Sens. Crapo and Thune’s resolution draws national attention to nearly 38,000 assisted living communities providing care and services to almost 1 million residents.”

“NCAL sincerely thanks Sens. Mike Crapo and John Thune for their commitment to seniors and individuals with disabilities in their home states of Idaho and South Dakota, and all residents across the nation,” said Kyllo.

Woman on cell phone hits state trooper in car

We are an unabashed nation of multitaskers. With lengthy to-do lists and limited hours in the day, we squeeze as much as we can into every waking moment.

There's nothing wrong with that - unless we're driving. Then the affinity for multitasking veers into a dangerous habit, one that too often leads to accidents, injuries and even deaths.

So it was Sunday when, according to the State Police, a 24-year-old woman's Chevy Suburban struck a trooper's car parked along Interstate 264 in Virginia Beach. The trooper said Sabrina Farbor, of Virginia Beach, was talking on her cell phone when the accident occurred.

The trooper had stopped a pickup truck for speeding on eastbound I-264 near Mount Trashmore and had returned to his car. The Suburban hit his car, then the pickup; the Suburban flipped several times before coming to a stop. The trooper suffered minor injuries, while no one in the pickup was hurt. Farbor was taken to a hospital, but her injuries were not life-threatening. She faces reckless driving charges, said State Police spokeswoman Sgt. Michelle Cotten.

Chesapeake schools, bus driver settle with parents over accident

The Chesapeake school system and one of its bus drivers have agreed to settle a lawsuit filed by the parents of a 14-year-old girl who was injured when she was hit by a school bus last year.

The settlement is for $18,000 as a result of injuries the child suffered, according to court records. The accident occurred May 31, 2007.

A petition has been filed in Chesapeake Circuit Court, and must be approved by the judge before it becomes final. A hearing is set for later this month. The school system and the bus driver agreed to the settlement, which would be paid by the Virginia Municipal League Insurance Programs.

School officials confirmed this week that there was an accident but said they had no details of the event. The child was on foot when she was hit by the bus, said Scott Barney, the attorney for the child’s mother, Silva Valenzuela.

The bus had dropped off children at the intersection of Country Road and Country Circle in South Norfolk and was making a left turn, Barney said. An argument between students occurred on board the bus and the driver became distracted and “clipped’’ the juvenile pedestrian, Barney said.

Drunk Driving Deaths Decline Nationally By 4%, But DUI Motorcycle Deaths Up 7.5%

A new government report found that while drunk driving deaths overall were down by 4 percent nationally, that they rose by 7.5 percent for motorcycle drivers.

U.S. Secretary of Transportation Mary Peters said Thursday that drunk driving-related deaths had declined nationally as well in 32 states. However, the number of alcohol related fatalities among motorcyclists climbed in half the states.

The worst state for drunk driving fatalities for motorcyclists was Virginia, where such deaths more than tripled from 12 in 2006 to 37 in 2007.

While 32 states saw the number of alcohol-related fatalities decline, other states saw the number rise. Those states included Alabama, Alabama, Alaska, Delaware, Maine, Massachusetts, Minnesota, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, West Virginia, Wisconsin and the District of Columbia.

Police chase of carjacking suspects ends in crash, 6 charged

Police across Hampton Roads are working a carjacking case that crossed over from Newport News, into Hampton and finally ended with a crash in