09/09/2015

Page 1

50¢

Powhatan, Virginia

The hometown paper of Linda Ross

Vol. XXVIII No. 37

September 9, 2015

Rivas sentenced to 30 years By Laura McFarland News Editor

PHOTO BY LAURA MCFARLAND

Dr. Adolph Brown III was entertaining and insightful when he was the keynote speaker at the Powhatan County Public Schools’ convocation on Sept. 1.

Speaker energizes convocation By Laura McFarland

vocation on Tuesday, Sept. 1, at Powhatan High School, Dr. Adolph Brown III was at turns funny, whimsical, outrageous, and serious. But he was always in earnest OWHATAN – Fun, fairness, firmness and as he spoke of the important role educators can play in faith are four key components Powhatan students’ lives. County Public School staff members were Drawing comparisons to his own troubled backurged to bring to the 2015-2016 school year. see SPEAKER page 2A As the keynote speaker at the school district’s con-

News Editor

P

Hearing held on state election law By Laura McFarland

tries on ballots and of Friday, Sept. 18 to print them in time to be sent out for absentee voting. The biggest statewide impact would be on Fairfax County, which has already printed its ballots. If an injunction were granted, it would have to print them again. Lauck said she would rule on the injunction by early this week. Her decision had not been released at press time.

News Editor

POWHATAN – A federal judge last week heard arguments in a case of the Powhatan County Republican Committee and four Republican candidates for the Powhatan County Board of Supervisors trying to challenge state election law. U. S. District Judge M. Hannah Lauck presided over a hearing on Thursday, Sept. 3 that saw the local Republi- Laying out the case cans suing the Virginia State Board of Elections to chalA big focus of the arguments heard in the case were lenge a state code they say would unconstitutionally pretwo documents – the ballots themselves and a website vent the political party affiliation of local candidates from sponsored by the state board that simplifies voter informabeing included on the Nov. 3 general election ballot next tion. The link to the page is called “What is on my ballot?” to the candidate’s name. The suit was filed in the U.S. and is found at https://voterinfo.sbe.virDistrict Court for the Eastern District of Virginia.gov. ginia, Richmond Division. Speaking after the hearing, Marcellus Pat McSweeney, chairman of the Powsaid that when he asked state board offi“The ballot hatan Republican Committee, acted as the cials how to verify the information he lawyer for the plaintiffs, who in this case are standards are had just filed was entered correctly, he Robert G. “Bob” Marcellus, who is running obsolete and was referred to the “What is on my Balfor the District 2 supervisor seat; David T. ignored by local lot?” website. Party affiliation is listed on Williams, District 1; Barry Hodge, District the site, and he said that based on how registrars for 3; and Timothy L. “Tim” Gresham, who is the website represents itself, he thought running for the District 5 seat. good reason.” the ballot would reflect him as the ReThe Sept. 3 hearing was to argue the case publican candidate for the District 2 suof an injunction filed by the Powhatan RePat McSweeney pervisor seat. publicans to mandate that the names of the Chairman of the It wasn’t until another supervisor individual plaintiffs be accompanied on the pointed out that might not be the case Powhatan Republican official ballot on Nov. 3 by their political that he began checking into it and learned Committee party affiliation. about the state code that prohibits party This goes against the part of Va. Code § affiliation being listed on the actual bal24.2-613 that requires party affiliations to lot for local candidates, he said. be listed “for elections for federal, statewide, The issue is more sensitive for Marceland General Assembly offices only.” lus than any of the other plaintiffs in the case because his Joshua Heslinga, the assistant attorney general who opponent is incumbent Larry Nordvig, who successfully acted as counsel for the board of elections, said in a status ran for the seat as a Republican in a special election on hearing on Monday, Aug. 17 that if this injunction were Feb. 10. However, on May 18, Nordvig publically split granted, it would affect not only Powhatan County ballots with the party. but ballots statewide for the sake of uniformity. McSweeney said some voters might be confused as to The injunction proceedings were being moved along who the Republican candidate in that race is if they are not on an accelerated timeline because of impending deadaware of what happened earlier this year. lines to get ballots printed. The State Board of Elections has a deadline of Friday, Sept. 11 to make changes to ensee HEARING page 3A

Inside

Sports

A3 Board moves forward on new school plans

B1 Second half propels Indians to win

POWHATAN – A Henrico County man found guilty of murder in a jury trial in June was sentenced to 30 years in prison last week in a Powhatan County Court. On Wednesday, Sept. 2, Juan Carlos Ayala Rivas, 30, who was originally from El Salvador, was sentenced to RIVAS 30 years in prison for second degree murder, arson and grand larceny in the death of Jaime Cruz-Avila, 24, also of Henrico, in February 2014. Circuit Court Judge Paul W. Cella presided over the trial and sentencing and handed down the sentence recommended by the 12 members of the jury on Friday, June 19. Rivas was originally charged with first degree murder and the two other felonies, but at the end of the three-day trial, the jury found him guilty of the lesser murder charge. The jury recommended 30 years for all three charges. Robert Cerullo, Powhatan County’s deputy commonwealth’s attorney, who tried the case along with Richard Cox, commonwealth’s attorney, said he was pleased the judge decided to heed the recommendation of the jury, which he called the “conscience of Powhatan County.” “I was happy. I think the jury gave a just and appropriate sentence. I think justice was served,” Cerullo said.

Motion to continue The sentencing hearing started with the question of a possible continuance on the table when it was revealed that Rivas’ girlfriend had retained a lawyer for him with the firm of Morrissey and Goldman. Cerullo objected to a motion for continuance because the firm had yet to file paperwork with the court saying it had been retained on Rivas’ behalf in place of court-appointed attorney Susan Allen. Thomas Coatsworth, representing Morrissey and Goldman, said the firm did not accept the case because a transcript of the trial was not available. One is now available, he said, so the firm would be ready to accept the case and asked for a continuance. Cella ruled that because no paperwork had been filed, he would not grant a continuance. Allen also tried to have the convictions on all three charges set aside, saying the commonwealth had not produced any physical evidence or witnesses that tied Rivas to the crime. see HENRICO page 3A

Economic development plan presented By Laura McFarland News Editor

POWHATAN – Affordable housing, diversification in employment, capitalizing on natural and recreational resources, and potential in agribusiness were some of the issues tackled in a presentation on Powhatan County’s Faith McClintic economic development plan last week. A team of people working on an economic development plan for the county spoke to the Powhatan County Board of Supervisors during its workshop on Monday, Aug. 31 about what it found in several months of interviews and research on the county and localities that see ECONOMIC page 7A

Index Calendar A6 Classified B7-8 Crime Report A2 Letters A6 Obituaries A5 Opinion A6 TV Listings B4-5


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.