Consider it a contrast in styles.
Kudos to the Colonial Heights PD who, with help from the Virginia State Police were able to make an arrest in one of the most egregious murder mysteries to have occurred in the Heights in many a year.
In one week to the day, the CHPD was able to put Matthew Allen Brady in jail on a pair of capital murder and robbery charges. While I know these are just charges and Brady is innocent until proven guilty, I also know that the CHPD must have pretty good evidence in order to substantiate the capital murder charges.
In the words of Chief Faries, who told me about the arrest last Friday night at a CHHS basketball game, “We made an arrest.”
For some it might seem a no-brainer to find the culprit lived only a few doors down from Joseph and Evelyn Bland’s Conduit Road home. The Blands were the elderly couple who Brady allegedly bludgeoned to death and robbed. Still, having reported on a few capital murder cases, it seems reasonable that the CHPD got their man. That others may be involved remains to be seen, but for now they have taken one potential threat off the streets.
It doesn’t always go that smoothly with capital murder cases. One such case, the Charity Powers murder, in Chesterfield County didn’t go quite that easy. Despite having a “good idea” who was responsible for the murder, a procedural error allowed Everett Lee Mueller to remain free for several months before the CPD had enough evidence to put him behind bars.
But despite the four-month hiccup, when all was said and done, the CPD had their man. It didn’t take the jury long to resolve the murder charge, and it took even less time for them to come back with the death penalty. And, considering the fact that Charity Powers was a 10-year old, once convicted there wasn’t much hope for a life sentence in the case and no one offered him one.
Contrarily, the Robbie Braswell case in Petersburg has been a complete fiasco. The police, who believe they know who was responsible for the murder, have been unable to close the door on the crime. They have made arrests, but lo and behold the charges didn’t hold up in court.
The result? Nearly five years after four people gunned down Robbie as he was getting ready to open up his business, Lowry Tire in Petersburg, there has been no resolution to the crime. After the first case failed, the Commonwealth withdrew charges against the accomplices and the case has basically been in storage ever since.
One of the three people charged with the murder, Shelly Grey, was initially indicted for murder, robbery, two counts of use of a firearm in the commission of a felony, and conspiracy to commit robbery. She pleaded guilty to a single charge of robbery in Petersburg Circuit Court.
A Petersburg jury took less than an hour to acquit Antoine D. Myler of five charges, including first-degree murder and robbery in June 2009. Later that month, the state chose not to pursue charges against Timothy Williams and Dantryl Ingram, a juvenile at the time of the murder.
Justice, it would seem, is meted differently by location. And so it would seem. Some time ago, when I was covering the Charity Powers case, the differences in how local communities respond to cases was a point of discussion between the reporters covering the case and Chesterfield’s top prosecutor at the time, Warren Von Schuch. Von Schuch told a story about a person who robbed a fast-food restaurant in Henrico County, directly across the street from Richmond City. When the person was caught, charged and tried he ended up with a 15-year term. Had he opted to rob the fast-food restaurant on the Richmond side of the street, he probably would have only received a five-year sentence. Paraphrasing Von Schuch’s remarks at the time, he said the only thing the robbery suspect did wrong was to be on the wrong side of the street.
Most prosecutors will tell you that it depends on the community’s tolerance for criminal behavior. Some communities, Chesterfield, Henrico, and Colonial Heights come to mind, are what some would call prosecution prone. That means they are more apt to believe the case as stated by the Commonwealth and less inclined to believe the defendant’s story.
Local drama played out in Virginia District courts tends to uphold that theory. In other words, punishment may or may not fit the crime, depending on where the crime was committed. For some it’s just a matter of reasonable doubt versus the evidence being beyond a shadow of a doubt. Reasonable doubt, what the jury is supposed to act on, relies on one’s ability to judge matters like rational, reasonable human beings. On the other hand, some jurors tend to believe that the culprit has to be caught red handed, on video, and with a full confession.
In the case before us, Mr. Brady has a tough row. If the evidence supports his arrest, there isn’t a lot of wiggle room. How the whole thing pans out may depend on what evidence he may have to offer in the case that might cause the Commonwealth to accept a plea arrangement.
Personally, I don’t know how the community would respond to that. It seems to me that they want the matter handled properly and quickly. If it goes to a jury, the city’s residents will have the last word.
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