CHARLOTTESVILLE, Va. (AP) - A Charlottesville Circuit Court ruling on police jurisdiction has caught the attention of law enforcement agencies around Virginia.
The Daily Progress (https://bit.ly/1bRAsso ) reports that the ruling came in a case involving Albemarle County officers who had crossed into Charlottesville to investigate a hit and run. At issue is whether officers cross jurisdictional lines to question someone are entitled to the protections of their badge.
Judge Paul. M Peatross Jr. last week that the officers weren’t responding to an emergency that involved any immediate threat to life or public safety. The judge dismissed two felony assault charges against a man who was shot during a May 2013 altercation with the officers.
“What this ruling signals, is that (police) lose that protection when they leave their jurisdiction, which puts them in harm’s way,” Dana Schrad, executive director of the Virginia Association of Chiefs of Police, told the newspaper. “We are watching this very carefully. We’ve never had a judicial opinion like this, that’s for sure.”
Charlottesville police officials will review the ruling and evaluate how they approach investigations in the future, city police spokesman Lt. Ronnie Roberts said.
Peatross on Friday told prosecutors that they could refile assault charges against Josue Salinas Valdez, 38. But the judge barred them from seeking the enhanced penalty Valdez faced initially for charges of attacking a law enforcement officer.
Prosecutors have asked Peatross to reconsider his decision, arguing that county Officers James Herring and William Underwood did not forfeit their police powers when they approached Valdez in Charlottesville.
Lawyers for Valdez and Assistant Charlottesville Commonwealth’s Attorney Joseph Platania declined to comment. Peatross said he would decide whether or not to reconsider dropping the charges by Monday.
Scott Goodman, a Charlottesville-based defense attorney, said the judge’s interpretation of law governing jurisdiction was narrow but sound.
“The benefit of the doubt in cases of ambiguity goes to the defendant, which is intended to be a check on the heavy hand of the state,” Goodman told the newspaper. “It’s a check on law enforcement, and that’s a good thing for law enforcement too, because it builds public trust.”
Albemarle County Police Chief Col. Steve Sellers declined to comment on the ruling.
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Information from: The Daily Progress, https://www.dailyprogress.com
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