\ Click to Call Click to Text
Categories
STS&G News Goodove in the News Archive 2009

Va. Beach officer accused of DUI now charged with hit-and-run

VIRGINIA BEACH — A Virginia Beach police officer charged with DUI is now facing a hit-and-run charge.

The new charge against Officer Bryan Womble is related to his May 20 drunken driving arrest, according to police spokesman MPO Adam Bernstein.

The Chesapeake special prosecutor on the case determined there was enough evidence to prove Womble tried to flee the crash scene after colliding with a 1995 Dodge Neon near the Oceanfront.

The hit-and-run charge is a misdemeanor and not a violent crime, so police determined Womble could remain on administrative duty, assigned to him after his DUI arrest.

Womble worked as a DUI enforcement officer, pulling over former NFL great Bruce Smith for drunken driving in May.

Womble is set to testify against dozens of defendants in the coming weeks, including a raft of DUI cases.

Article taken from WVEC.com

Categories
STS&G News Goodove in the News Virginian-Pilot Archive 2007

Drunken Driving Fatalities Up In Virginia

Virginian-Pilot, The (Norfolk, VA)

Deaths due to drunken-driving accidents in 2006, up from 322 the year before. However, Hampton Roads deaths went down from 32 in 2005 to 22 in 2006.

For city-by-city breakdown, see Page 5. By Jen McCaffery

The Virginian-Pilot

Virginia police officers will be out in force looking to nab drunken drivers this Labor Day weekend, the third-most-deadly holiday for alcohol-related deaths.

The annual Checkpoint Strikeforce efforts are happening as state statistics show that for the first time in several years, the percentage of people killed by drunken drivers in Virginia has increased.

In 2005, there were 322 deaths in alcohol-related accidents, compared with 374 deaths in 2006, according to figures from the Virginia Department of Motor Vehicles. However, in most South Hampton Roads cities, the number of fatalities from alcohol-related accidents during the same time period decreased, DMV statistics show.

Twenty-two people died locally in 2006, compared with 32 in 2005.

“Perhaps our friends in Hampton Roads are just listening a little better,” Virginia Attorney General Robert F. McDonnell said.

McDonnell, a former Virginia Beach legislator, helped implement a package of new laws that reformed the state’s DUI restrictions in 2004 .

They include harsher punishments for repeat offenders and mandatory jail time for some drunken-driving offenses.

According to the DMV report, Virginia Beach was the only city that recorded a significant increase in the number of fatalities from alcohol-related crashes .

Last year, Virginia Beach had 15 fatalities connected to people driving under the influence of alcohol.

In 2005, there were 10 deaths , DMV statistics show.

“We’ve come a long way, but the increasing number shows that impaired driving is a serious and high priority for both MADD and law enforcement,” said Mike Goodove , president of the Southside chapter of Mothers Against Drunk Driving .

The resort city’s DUI statistics don’t reflect the work of the Virginia Beach Police Department, which Goodove described as a model for the nation when it comes to impaired driving enforcement.

Virginia Beach police make about 10 percent of all DUI arrests in the state , said Sen. Kenneth Stolle, R-Virginia Beach, who used to work for the department.

In 2005 and 2006 , the department, which has two units dedicated to DUI enforcement, averaged about 2,000 arrests , spokesman Adam Bernstein said.

“The Virginia Beach Police Department does a great job of enforcement, but they can’t be everywhere,” Virginia Beach Commonwealth’s Attorney Harvey Bryant said.

He estimated that for every driver who is arrested on charges of driving under the influence, another 25 to 35 are on the street driving drunk.

McDonnell said he doesn’t believe that the state’s recent uptick in the percentage of fatalities statewide will become a long-term trend.

Over the past five years, the number of injuries related to people driving under the influence has decreased, he said.

Stolle, who notified next-of-kin about DUI-related deaths when he worked for the Virginia Beach Police Department’s fatality team, said it’s too soon to tell whether the numbers in South Hampton Roads reflect the impact of the new legislation.

“I would hope what you’re seeing is the beginning of a downward trend,” he said.

Jen McCaffery, (757) 446-2627,

jen.mccaffery@pilotonline.com

Memo:
lives lost in 2006

Copyright (c) 2007 The Virginian-Pilot
Record Number: 17792698

Categories
STS&G News Goodove in the News Virginian-Pilot Archive 2006

Man pleads guilty to manslaughter in fatal crash

Virginian-Pilot, The (Norfolk, VA)

NORFOLK – As Shane Williams prepared to leave the party, several people tried to stop him from driving.

Shaun Lawhorn asked for Williams’ keys. Lawhorn’s wife, Kate, the designated driver that evening, offered Williams a ride. Several people tried to give Williams their cards for Safe Ride , a Navy program that pays for cab fare.

They made the efforts because Williams had been drinking at a series of gatherings since 11 a.m., and had consumed beer, mixed drinks, gin and shots of Jagermeister. He refused their offers and left in his white Ford pickup about 11 p.m. on Feb. 24.

Just after midnight, Williams crashed head-on into a car driven by Anthony Dominic Wilson on Interstate 264. Williams was driving the wrong way, headed east in the west bound lanes. Williams told police and paramedics that he’d had two or three drinks.

Wilson, 26, died on the highway. When paramedics told Williams, he started crying.

“Oh God, help me please,” he said.

“Please forgive me. I don’t know what’s going on. Please forgive me, Lord.”

In Norfolk Circuit Court on Thursday, Williams, 30, pleaded guilty to aggravated involuntary manslaughter for Wilson’s death. Wilson’s parents cried quietly in the courtroom.

Prosecutor Ron Batliner wrote the account of Williams’ activities before the wreck based on interviews with people at the parties, witnesses at the roadside, and on investigations by State Police, Norfolk Police, and the Navy Criminal Investigative Service. Williams was in the Navy at the time of the crash.

Several people saw Williams driving the wrong way on I-264 before the crash. One woman called 911. Another swerved out of Williams’ way, only to see the collision in his rear-view mirror. Williams told people who had stopped to help that he had come from the HOV ramp.

The ramp was 200 yards away from the wreck, which happened near Newtown Road. Witnesses and State Police said the gates were down.

Batliner did not present evidence of Williams’ blood-alcohol concentration.

But Michael Goodove, an attorney representing Wilson’s family, said it was more than twice the legal limit considered evidence of intoxication.

Wilson was an only child, and the father of a 5-year-old boy, Goodove said.

nReach Michelle Washington at (757) 446-2287 or michelle. washington@pilotonline.com.

Memo:
next

Shane Williams faces a maximum of 20 years in the traffic death of Anthony Dominic Wilson. Williams’ sentencing is scheduled for January. He remains free on bond until then.

Copyright (c) 2006 The Virginian-Pilot
Record Number: 13616275

Categories
Archive 2005 STS&G News Goodove in the News Virginian-Pilot

Some question lawyer’s melding of cause, career

THE VIRGINIAN-PILOT

BY JON FRANK

NORFOLK – Almost 15 years ago, Michael L. Goodove was a law school student when his legal career and life were altered forever.

On a February morning in 1990, Goodove’s younger brother, Jeffrey, was riding in a car that was hit by another vehicle on a narrow, hilly road in Charlottesville.

Jeffrey, a University of Virginia student, was killed instantly.

The driver of the other car was drunk.

Goodove received the tragic news at George Mason University from his mother via telephone.

“I got the call nobody wants to get,” Goodove recalled in a recent interview. “I had never experienced death until my brother was killed. It was the first funeral I ever went to.”

That combination – drunken driving and tragedy – profoundly changed Goodove’s personal life. His family, especially his parents, were never the same.

“It is extremely unnatural to bury a child,” said Goodove, who is now married with three children . “That is something no one should ever have to go through.”

The experience of loss also came to define much of Goodove’s professional life, providing both controversy and a cause – as well as a source of commerce – to his vocation as a lawyer .

In the years since his brother’s death, Goodove has become a lawyer who represents people injured by drunken drivers and a prominent spokesman for Mothers Against Drunk Driving. He has been the group’s leader for the past 12 years.

In that capacity, Goodove has helped many families navigate the legal system after loved ones were injured or killed by DUI offenders.

“I consider what he does to be a real public service,” said Kaye Walsh, whose daughter, Robin Gustafson, was killed by a drunken driver in Virginia Beach in 1997. “He pulled us through the whole process.”

Goodove also has lobbied the General Assembly tirelessly to stiffen penalties for people convicted of DUI. Virginia now has some of the toughest drunken-driving laws in the country.

Through the years, Goodove became the face of Mothers Against Drunk Driving in South Hampton Roads, an implausible development because Goodove clearly is not a mother.

But his regular appearances in court and on television have made Goodove’s good looks and quiet confidence well-known among those interested in or personally touched by drunken driving.

A recent television advertisement by his Norfolk law firm – Rabinowitz, Swartz, Taliaferro, Swartz & Goodove – focuses on Goodove’s personal story of tragedy.

The blending of commerce with crusade makes some in the legal community uncomfortable. They say Goodove uses his advocacy role, in part, to get business for his law firm.

But some lawyers support Goodove’s ability to turn a passionate personal interest into something that helps him in his professional life.

“I don’t see any conflict,” said Michael I. Ashe, a Virginia Beach lawyer and avid cyclist with a long history of representing fellow cyclists in personal-injury cases.

The advertisement, Ashe said, is only “stating that you are a lawyer who happens to know this particular field backward and forward.”

Other lawyers say Goodove’s level of commitment to the organization makes conflict allegations ridiculous.

“If he had to pay money to be involved with MADD, he would do it,” said Norfolk lawyer Larry Cardon. “He has a passion for this.”

To Goodove, the criticism is unfounded.

For one thing, he said, he always provides drunken-driving victims a list of other lawyers who could represent them in any legal proceeding. Those who choose him are a very small part of his legal practice, he said.

“Never once did I have any financial motivation for getting involved in it,” Goodove said. “I felt that I had a tool that would really help these victims that no one else had.”

It wasn’t always that way.

Early on, Goodove was as carefree and selfish as most recent college graduates. He wanted a glitzy career on Wall Street, not a job where grieving was an integral part of every working day.

He attended law school at the urging of his parents. Law would provide a profession he could always fall back on, they said.

His legal training had hardly begun when his brother was killed. It was a tremendous shock. “He was not just my brother; he was my best friend,” Goodove said.

The family gathered at home in South Hampton Roads to bury Jeffrey, hoping to bring the person who had killed him to justice. Soon, however, the reality of Virginia’s lax drunken-driving laws became depressingly apparent.

They found the police had botched the evidence collection. The drunken driver had been allowed to dispose of the beer in his car before he was questioned by authorities. That led prosecutors in Charlottesville not to pursue criminal charges.

The Goodove family persevered. Eventually, they had to be satisfied with a wrongful-death lawsuit. Criminal charges were never filed.

At that point, Goodove recalled, he began to “detach” from the situation to escape the tragic memories haunting the rest of his family. Returning to George Mason University, he plunged back into his law studies.

But he was troubled by the way he and his family had been treated by authorities. He thought the system was out of whack. He thought it cared little for bringing DUI offenders to justice and nothing for victims.

Soul searching followed, along with an internship in the Fairfax County prosecutor’s office.

“I discovered that I was good in court and liked wearing the white hat and being the good guy,” Goodove said.

When he returned to his hometown of Virginia Beach, he decided to devote his career to helping victims. He went to work for a personal injury law firm and contacted the state chapter of Mothers Against Drunk Driving .

After starting a local chapter , attending conferences and talking to others, he concluded that drunken driving was a societal problem, deeply imbedded in the culture, cutting across economic strata.

The key problem was that most drunken drivers were walking away from even fatal accidents with rarely more than a slap on the wrist .

“The problem we faced was not so much the convictions but the punishment,” Goodove said.

Goodove’s goal was to build an organization with staying power that would help reshape attitudes over the long term.

That presence has allowed Mothers Against Drunk Driving to keep the image of victims before the media and public. Eventually, it has swung public opinion toward stiffer penalties, especially for repeat offenders.

Another victory was the acceptance of victim-impact statements after convictions. Under the old system, DUI offenders would walk away with probation, without the victims’ families being able to say how the injury or death had affected them.

Once victim-impact statements became part of the law, penalties became harsher. “They can be very powerful,” Goodove said.

Goodove strived to become a bridge between victims and prosecutors, leading the uninitiated through the maze like legal process that had so frustrated his own family.

Initially, Goodove faced opposition. Some judges thought Mothers Against Drunk Driving wanted to abolish alcohol use and that Goodove was a teetotaler who did not want to be around drinkers.

Neither was true.

Goodove drinks occasionally but makes certain he always has alternative transportation. And Mothers Against Drunk Driving has no intention of trying to stop people from drinking, only drinking and driving.

Today, when contacted by a DUI victim, Goodove meets the family and counsels them about what to expect. He provides them with support and advice and helps them prepare victim-impact statements at the appropriate time.

As the number of DUI accidents increases, so do the organization’s membership and donor rolls.

“Unfortunately, it sometimes takes a tragic event to make it close to your heart,” Goodove said.

Victims who survive have a simple choice, Goodove said: “You can vent angrily and let that dominate you, or you can use the pain in a cathartic manner to do some good.”

* Reach Jon Frank at 222-5122 or jon.frank@pilotonline.com.

{CAPTION} Michael L. Goodove’s brother was killed by a drunken driver 15 years ago. Goodove, right, a lawyer who also heads the local chapter of Mothers Against Drunk Driving, has championed his cause and worked for tougher laws in Virginia.

Mort Fryman The Virginian-Pilot

Copyright (c) 2005 The Virginian-Pilot
Record Number: 7828775

Categories
Archive 2003 STS&G News Goodove in the News Virginian-Pilot

Judge gives man 10 years in drunken-driving death

Virginian-Pilot, The (Norfolk, VA)

Author: JON FRANK THE VIRGINIAN-PILOT

A 50-year-old man who was driving drunk in November when he killed the father of two children was sentenced Tuesday to 10 years in prison.

Steven V. Arcese has been in custody since the Nov. 3 accident that killed 26-year-old David C. Fisher.

The accident occurred near London Bridge and Dam Neck roads, where Arcese’s Audi station wagon crashed head-on with Fisher’s Chevrolet Cavalier. Fisher’s two children were passengers in the car but were not seriously injured.

In April, Arcese pleaded guilty to second-offense driving under the influence and aggravated involuntary manslaughter. He faced up to 21 years in prison.

In court Tuesday, Arcese told Fisher’s family: “In no way, on that horrible night in November, did I intend to cause that accident. I am sorry, I am sorry, I am sorry.”

Circuit Judge Thomas S. Shadrick began to cry as he expressed sympathy to Fisher’s family shortly before issuing the sentence.

Shadrick gave Arcese the maximum 21 years but suspended all but 10.

Arcese will be on supervised probation after his release, with another 11 years in prison possible if he misbehaves during that time, Shadrick said.

Shadrick said harsher sentences likely are ahead for repeat offenders who drink and drive and hurt others. But, Shadrick said, until the law changes, he is obligated to stay close to state-mandated guidelines.

The maximum sentence recommended for Arcese by state guidelines was about 9.5 years in prison, Shadrick said.

The judge said he exceeded the guidelines a little to “make a statement, because the guidelines are a little low.”

Jim Fisher, the victim’s father, who has become an advocate for stiffer drunken-driving sentences, said he was satisfied with the time Arcese will serve in prison.

“This is a start,” Fisher said. “It is higher than the guidelines and that is all we were hoping for.”

Fisher said he hopes the decision to keep Arcese locked up without bond until sentencing will set the standard for others charged with second-offense DUI and higher.

The public outcry against drunken drivers has intensified in recent months after a rash of fatal DUI accidents.

In Norfolk recently, police say a repeat DUI offender killed a Lake Taylor High School student after a magistrate allowed him out of jail on a $1,000 bond on a previous DUI charge.

After the sentencing, Moody E. “Sonny” Stallings, one of two attorneys who represented Arcese, said he was “prepared for a little worse” because attitudes against drunken drivers are changing rapidly.

Much of the change stems from public reaction to the Arcese case and other recent fatal DUI crashes.

“The community is talking about this case,” Stallings said, especially at the Oceanfront, where Arcese is a well-known resident.

People are starting to realize when they are out drinking, they should “get a cab, call a friend or walk, because this kind of tragedy will be repeated again,” Stallings said.

Michael L. Goodove, a Norfolk lawyer and president of the local chapter of Mothers Against Drunk Driving, said he would have preferred a longer sentence for Arcese.

“I think more time would have sent a stronger message to the community,” Goodove said. “and kept an habitual offender off the roads.”

Reach Jon Frank at 222-5122 or jon.frank(AT)pilotonline.com

Caption:
Color Photo
Steven V. Arcese, 50, faced 21 years, but the judge suspended all
but 10.
Photo
David C. Fisher, 26, was killed in a drunken-driving accident Nov.
3. in Virginia Beach.

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0307020146

Categories
Archive 2003 STS&G News Goodove in the News Virginian-Pilot

Driver indicted on charges in two DUI arrests

Virginian-Pilot, The (Norfolk, VA)

Author: MATTHEW ROY THE VIRGINIAN-PILOT

The man accused of fleeing a crash that took the life of a Norfolk high school student was indicted Wednesday on felony charges of driving under the influence and hit and run.

Roy Lee Everett, 30, of Norfolk may be indicted on more charges in the future, said Commonwealth’s Attorney John R. Doyle III. Doyle declined to give details.

Everett’s lawyer, Bobby L. Howlett Jr., could not be reached for comment.

Everett was also indicted Wednesday on separate charges of DUI and driving drunk on a revoked license. Those charges stemmed from an April 14 arrest by an off-duty Norfolk police officer.

Officer W.E. Whiteside has testified he saw Everett driving recklessly, followed him and arrested him for DUI. Hours later, records show, Everett was freed on $1,000 bond. At the time, he had three prior DUI convictions in Virginia Beach.

On May 6, police say, Everett was at the wheel of a Dodge pickup that collided with a two-door Honda at North Military Highway and Azalea Garden Road. The crash killed 16-year-old Landon W. Chambers, a passenger in the car, and injured his brother, Barney.

Witnesses said Everett crawled from the pickup, which had turned onto its side, and fled on foot. Bystanders stopped him and held him for police, witnesses said.

He has been in custody since then and was being held without bond Wednesday, a spokesman for the City Jail said.

The charges in Wednesday’s indictment carry potential five-year prison terms, except for the hit-and-run charge. That count carries up to 10 years behind bars, said Assistant Commonwealth’s Attorney James F. Entas.

Michael Goodove, an attorney who is president of the Southside Chapter of Mothers Against Drunk Driving, speculated that prosecutors may have indicted Everett on DUI in order to hold him while they investigate the case further.

Everett also faces criminal charges in Virginia Beach, where, authorities allege, he posed as his brother when he was charged in yet another DUI case last October. He faces counts of DUI, forgery of a public document, identity fraud and a license-related charge.

Caption:
Photo
Roy L. Everett was indicted Wednesday on multiple charges from two
incidents, including one that killed a 16-year-old.

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0306190069

Categories
Virginian-Pilot Archive 2003 STS&G News Goodove in the News

More charges against DUI suspect prosecutors say he claimed he was his brother to avoid troubles

Author: JON FRANK THE VIRGINIAN-PILOT

The man accused of driving drunk and killing a Lake Taylor High School honor student in a crash this month now faces new charges that he posed as his brother during a traffic stop last year to avoid prosecution.

Roy Lee Everett, 30, was charged Wednesday with forging a public document, identity theft and fourth-offense driving under the influence. Police served the warrants at the Norfolk City Jail, where Everett is being held without bond.

Virginia Beach police said Everett posed as his brother during a DUI stop in October – seven months before the collision in Norfolk that killed 16-year-old Landon W. Chambers.

Everett is scheduled to be arraigned on the new felony charges and two related misdemeanor traffic offenses on May 30 in Virginia Beach General District Court.

On May 6, he was at the wheel of a pickup truck that ran a red light on Azalea Garden Road and headed into the path of a Honda Civic on North Military Highway in Norfolk, police said. The impact flipped the pickup on its side and crumpled the Honda.

Landon Chambers, a passenger in the Honda, died hours later. The driver was his brother, Barney, who was injured and is recovering.

Police and witnesses said Everett crawled out of the pickup’s rear window and ran. Citizens cornered and detained him nearby. He has been charged with DUI and two counts of leaving the scene of an accident, all felonies, as well as running a red light and eight other traffic offenses.

If Everett had been convicted in the October case, he likely would have been in jail serving a 12-month sentence – not on the road earlier this month.

Instead, police said Thursday, he posed as his brother, Billy Wilson Everett, when a Beach police officer stopped him on Oct. 16 at South Independence Boulevard and Dahlia Drive.

Court records show that the driver then was in a 1997 Dodge van.

It is not apparent from records why the man was stopped.

But Officer D.C. Meeks charged the driver, “Billy Everett,” with DUI.

The driver had a blood-alcohol level of 0.13, court records show. Virginia’s legal limit is 0.08.

The man was freed on $1,200 bond.

The charges were withdrawn when Billy Everett showed up Dec. 3 in Virginia Beach General District Court and Meeks realized that he was not the driver he had arrested.

Ray Eisenberg, a Virginia Beach police captain, said Meeks recognized Roy Everett as the actual driver when his photo appeared in The Virginian-Pilot after this month’s fatal accident in Norfolk. That led to the reinstatement of the DUI charge and to the two new felonies.

Mike Goodove, president of the Southside Chapter of Mothers Against Drunk Driving, praised the police for sticking with the case.

“We applaud the police department and the prosecutors for following up on these charges to make sure that justice is pursued,” Goodove said.

He has been critical of the way Everett’s prior offenses – including three DUI convictions in Virginia Beach – were handled, allowing him to find a way to continue driving.

But on Thursday, Goodove said Virginia Beach traditionally has done a “terrific” job on DUI prosecutions and that he did not know if any procedures were skipped during last fall’s investigation.

Commonwealth’s Attorney Harvey L. Bryant III said Thursday he believes proper procedure was followed by the police officer and in court when the charges were removed in December.

This is not the first time Roy Everett has been accused of passing himself off as his brother.

Norfolk court records show that he did so after he was stopped last year for speeding on North Military Highway.

At 3:55 a.m. on April 21, 2002, Norfolk police Officer R.C. Cook wrote two tickets to a man driving a 1994 Mercedes. The man identified himself as Billy W. Everett.

Cook charged him with driving 67 mph in a 45-mph zone and for driving without a license.

“He had memorized all his brother’s information,” said Norfolk police spokesman Chris Amos. “He had no ID.”

Cook was suspicious, Amos said, and had the man roll his thumb in ink and mark the summonses with his thumbprint.

Roy Everett later contacted the commonweath’s attorney’s office and admitted what he had done, Amos said.

The charges against Billy Everett were withdrawn. Cook wrote new summonses charging Roy Everett with speeding and driving with a suspended or revoked license, court records show. Cook also charged Roy Everett with assuming a false name.

He was convicted of the charges and was fined $125, plus court costs, records show. He also received a 60-day suspended sentence, according to online court records.

Though lacking a valid license, Roy Everett continued to drive, authorities said.

Only weeks before the accident that took the life of Landon Chambers, Everett was arrested and charged with DUI in Norfolk. But Magistrate J.D. Bullock Jr. set his bail at $1,000, and Everett was freed within hours. That case is pending.

Bobby L. Howlett Jr., Everett’s attorney, did not return telephone calls.

Attempts to reach Billy Everett have been unsuccessful.

Reach Jon Frank at jfrank(AT)pilotonline.com or 446-2277

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0305230125

Categories
Archive 2003 STS&G News Goodove in the News Virginian-Pilot

Driver faced DUI charge three weeks before crash

Author: MATTHEW ROY AND JON FRANK THE VIRGINIAN-PILOT

A man facing his seventh drunken-driving charge after the crash Tuesday that killed a high school student was charged with driving drunk three weeks ago, but regained his freedom within hours by posting a $1,000 bond.

Roy Lee Everett, 30, was charged Tuesday with running a red light, driving under the influence and 10 other violations in the crash that killed 16-year-old Landon Chambers and injured his brother, Barney.

Everett is being held without bail in the Norfolk City Jail.

Everett has been behind bars before. He has three previous DUI convictions in Virginia Beach. And he was arrested for drunken driving most recently on April 14.

That’s when, court records say, Norfolk Officer W.E. Whiteside stopped him for driving recklessly at the wheel of a Jaguar.

Whiteside smelled alcohol.

“I asked if he had been drinking and he stated yes, 4 Mike’s Lemonades in an hour,” Whiteside wrote in papers filed in Norfolk General District Court.

A Department of Motor Vehicles records check showed Everett’s three prior convictions for DUI, Whiteside noted, as well as three previous convictions for driving on a suspended license.

In addition to the third-offense DUI, Whiteside charged Everett with driving after his driving privileges had been suspended.

Magistrate J.D. Bullock Jr. set Everett’s bond at $1,000 at 3:16 a.m. on April 14, according to court records. Everett posted bail through a bonding company at 4:57 a.m. and was freed.

Michael Goodove, an attorney and president of the Southside Chapter of Mothers Against Drunk Driving, said anyone charged with a third-offense DUI, a felony, should not be allowed to post a bond and be freed from custody.

“Our position is the criminal justice system’s paramount responsibility is to protect lives,” he said. “Research has shown that your hardcore, repetitive drunk-driving offenders are the folks most

likely to injure or kill somebody.”

Three weeks after his release, police contend, Everett drove a pickup through a red light at North Military Highway and Azalea Garden Road into the path of the Chambers brothers, who were traveling in a Honda Civic. The impact crumpled their car and flipped the pickup on its side. Witnesses said Everett climbed from the pickup’s rear window and ran. Citizens cornered him behind a carpet store until police arrived to arrest him.

Bullock could not be reached for comment.

Chief Magistrate Beth B. Pennington said she spoke with him briefly about the bond and intends to meet with him in the coming week.

“At this point, I have to trust the magistrate’s judgment,” she said. “He’s been a magistrate for a while.”

By setting bonds, magistrates try to ensure that defendants show up in court, she said, noting they don’t determine guilt or innocence. She said they consider the length of time a defendant has lived in the area, family ties, any prior record and their likelihood to appear in court.

“No matter how high it’s set, a person can still bond out,” Pennington said.

This week’s DUI charge is the latest in a long list of serious driving infractions for Everett, stretching back to at least 1994.

During the past eight years, Everett has been convicted multiple times for a variety of charges, including reckless driving and speeding.

Everett’s three DUI convictions in Virginia Beach started with a charge in 1994. Five years later, in May 1999, Everett was charged with DUI, second offense.

In December 1999, he was charged again with DUI, second offense.

That last charge resulted in Everett getting the maximum jail penalty for second-offense-DUI – 12 months in jail, according Judge Albert D. Alberi, who sentenced Everett in Virginia Beach General District Court.

But Alberi suspended 11 months of the time and allowed Everett to serve the resulting monthlong sentence on weekends in the Virginia Beach City Jail.

It was not clear on Friday why Everett was not charged that December with DUI, third offense.

DUI, third offense, became a felony when state law was changed by the General Assembly in July 1999. It carries a maximum prison sentence of five years and can be lodged against any drunken driver who has two prior DUI convictions within the past 10 years.

Mark T. Del Duca, a Virginia Beach lawyer and former Beach prosecutor, explained Friday that Everett’s December DUI charge in 1999 may have occurred before his May 1999 offense had made its way through the court system.

If that were the case, it may have been impossible for Everett to be charged with DUI, third offense, in December 1999, Del Duca said.

Everett also was charged with second-offense DUI in Norfolk in January 1998, but the count was dismissed, online court records say.

Another DUI charge, in Emporia in August 1997, was dismissed, according to online court records.

Reach Matthew Roy at mroy(AT)pilotonline.com or 446-2540.

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0305100125

Categories
Virginian-Pilot Archive 2003 STS&G News Goodove in the News

Victim’s family files three lawsuits against motorist in fatal car accident

Author: JON FRANK THE VIRGINIAN-PILOT

Three lawsuits have been filed in Virginia Beach Circuit Court against a motorist who is accused of being drunk when he ran a red light and killed a 26-year-old father of two in November.

Steven C. Arcese, 50, had more than twice the legal limit of alcohol in his blood on Nov. 3, according to recent court testimony in the criminal case against Arcese. His Audi station wagon crashed head-on into a 1991 Chevrolet Cavalier driven by David C. Fisher.

Fisher died early the following morning from his injuries. His children, ages 3 and 6 months, suffered superficial injuries and have recovered.

Fisher was on the way to pick up his wife from her job at Wal-Mart in the couple’s only car when the accident occurred about 11:30 p.m. at the intersection of London Bridge and Dam Neck roads.

Arcese had a blood-alcohol level of 0.23 hours after the accident, police said. The legal limit in Virginia is 0.08.

The lawsuits were filed on behalf of Fisher’s wife, Mandi Rose Fisher, and the children.

One of the lawsuits was filed in February. The other two were filed Monday.

The lawsuits allege that Arcese was drunk and speeding, failed to keep a proper outlook, failed to keep his vehicle under proper control and did not obey traffic signals.

Each of the lawsuits asks for compensatory damages of $5 million and punitive damages of $5 million.

Michael L. Goodove, the attorney who filed the suits, said the children were traumatized by the accident.

Arcese is being held without bond in the Virginia Beach city jail. He is scheduled to stand trial April 23 on charges of aggravated involuntary manslaughter, driving under the influence and refusal to take a blood-alcohol test.

The maximum penalty for aggravated involuntary manslaughter is 20 years.

Reach Jon Frank at 446-2277 or jfrank(AT)pilotonline.com

Caption:
Lawsuits filed by the family of David C. Fisher, who
died after a car ran into his, seek a total of $30 million in
punitive and compensatory damages.

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0304130093

Categories
Goodove in the News Virginian-Pilot Archive 2003 STS&G News

DRIVER IN CRASH FIGHTS OFFICIALS ON HOW BLOOD WAS OBTAINED

Virginian-Pilot, The (Norfolk, VA)

Author: JON FRANK THE VIRGINIAN-PILOT

The man charged in a November collision that claimed the life of a father of two young children will either plead guilty or face trial with evidence that he had more than twice the legal limit of alcohol in his blood that night.

Circuit Judge Thomas S. Shadrick denied a motion Wednesday to throw out evidence that 50-year-old Steven V. Arcese had a blood-alcohol level of 0.23 hours after the Nov. 3 accident.

The legal limit for driving in Virginia is 0.08.

Police said that Arcese, driving a 2002 Audi station wagon, ran a red light at the intersection of London Bridge Road and Dam Neck Road, and collided with a vehicle driven by David Fisher, 26, of Virginia Beach.

Fisher was killed. His children, 3-year-old James and 6-month-old Amber, were in child-restraint seats in the back of their 1991 Chevrolet Cavalier station wagon and were not injured.

Arcese is charged with aggravated involuntary manslaughter, driving under the influence and refusal to take a blood-alcohol test. He could be sentenced to up to 20 years in prison if convicted during a trial scheduled for April 23.

On Wednesday, Arcese’s lawyers, Moody E. “Sonny” Stallings and Mark T. Del Duca, argued that Arcese’s constitutional guarantee against unreasonable search and seizure was violated when police obtained Arcese’s blood test results from Sentara Virginia Beach General Hospital, where he was taken for treatment.

After the accident, Arcese refused a breath test, Stallings said. Arcese also told police twice he would not allow them to draw blood to determine his blood-alcohol level.

At that point, Stallings said, police needed a search warrant before taking Arcese’s blood.

Instead, Stallings said, police “came in the back door” to obtain Arcese’s blood test results by subpoena from the hospital.

Arcese, who is being held without bond in the Virginia Beach City Jail pending trial, testified Wednesday that he had been drinking before the accident.

“I had a beer, a little bit of wine with dinner and a glass of wine after dinner,” Arcese said.

A nurse testified that she took Arcese’s blood as part of the hospital’s routine procedure prior to treatment.

“I told him I was not drawing blood for the police,” said Heather L. Mcinyk, an emergency room nurse at the hospital.

Mcinyk testified that she told Arcese that “if the police wanted his results, they would have to subpoena his results.”

That’s what police did, testified Beach Officer Gary Kerfoot.

Kerfoot said he was trying to get the blood because “I was going to use it for prosecution.”

Although Stallings maintained that the police action was illegal, he acknowledged that state law allows authorities to obtain blood-alcohol test results from suspects during the regular course of providing emergency medical treatment.

Mike Goodove, president of the local chapter of Mothers Against Drunk Driving, said after the hearing that the law streamlines the prosecution of people who are involved in drunken-driving accidents but refuse to take breath tests. MADD supported its passage, he said.

After the hearing, Stallings said he raised the constitutional issue, in part, to preserve it for appeal after trial. He said Arcese may plead guilty to avoid a jury trial, but could appeal the conviction if he does so.

Reach Jon Frank at 446-2277 or jfrank(AT)pilotonline.com

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0304030099